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

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-l I R A c 7 • 






V 



MINUTES 

OF THE 

TRUSTEES 

OF THE 

Internal Improvement 
Trust Fund 

State of Florida 



VOLUME XXXVIII 



From July 1, 1970 to June 30, 1972 

Published Under Authority of Trustees of Internal 
Improvement Trust Fund 




TALLAHASSEE, FLORIDA 
1973 



MINUTES 

OF THE 

TRUSTEES 

OF THE 

Internal Improvement 
Trust Fund 

State of Florida 



VOLUME XXXVIII 



From July 1, 1970 to June 30, 1972 

Published Under Authority of Trustees of Internal 
Improvement Trust Fund 




TALLAHASSEE, FLORIDA 
1973 



Digitized by the Internet Archive 

in 2010 with funding from 

Lyrasis Members and Sloan Foundation 



http://www.archive.org/details/minutesoftrustee38flor 



Tallahassee, Florida 
July 7, 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 Adams 
Earl Faircloth 
Fred 0. Dickinson, 
Broward Williams 
Floyd T. Christian 



Jr. 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Education 



James W. Apthorp 



Executive Director 



The minutes of the meeting of June 23, 1970, were approved as 
submitted. 



BREVARD COUNTY - Confirmation of Contract Sales. 

In accordance with recommendation of the Department of Legal 
Affairs that at least five of the seven members of the Board of 
Trustees vote on sales due to present statutory requirements, 
motion was made by Mr. Faircloth, seconded by Mr. Williams and 
adopted without objection, that the Trustees confirm sales and 
issuance of deeds in the following instances: 

A. On November 23, 1965, the Trustees confirmed the sale 
of a parcel of submerged land in the Indian River in 
Section 22, Township 22 South, Range 35 East, City of 
Titusville, Brevard County, to Roy F. Roberts, Edna 
Mae Roberts and Roy F. Roberts, Jr. Under the policy 
effective at that time the applicants entered into 
purchase contract No. 24167(1733-05) that had been 
paid in full and said grantees were entitled to 
receive a deed. 

B. On November 23, 1965, the Trustees confirmed the sale 
of a parcel of submerged land in the Indian River in 
Section 15, Township 22 South, Range 35 East, Brevard 
County, to Louis D. Harris. Under the policy effectxve 
at that time the applicant entered into purchase contract 
No. 24122(1710-05) that had been paid in full and the 
said grantee was entitled to receive a deed. 



MONROE COUNTY - File Nos. 2178-2179-2180-44-253.42 

Land Exchange and Confirmation of Sale. 

On May 12, 1970, the Trustees considered the application of 
The Wacouta Corporation of Miami, Florida, represented by 
James T. Glass, for conveyance of 10.11 acres of sovereignty 
land in Newfound Harbor abutting Sections 26 and 35, Township 
66 South, Range 29 East, Big Pine Key, Monroe County. In 
exchange the applicant would convey to the Trustees 4 parcels 
containing 4.63 acres of upland, would quitclaim to the 
Trustees approximately 8 acres lying bayward of the mean 
high water line and within erroneous meander lines. 

Other reasons cited by the applicant to show that the project 
was in the public interest were that construction of navigation 
channels would increase the flow of water to tidal ponds which 



7-7-70 



would become stagnant when uplands were filled to usable 
level, applicant would dedicate by plat an additional 4.9 
acres as a private conservation tract, and the project would 
provide many waterfront homesites in Big Pine Key. 

The biological report of April 15, 1969, was adverse and the 
applicant had modified his plans to provide for the conservation 
areas and reduce the area and design of the navigation channel. 
The perimeter channel would be dredged in part on applicant's 
uplands . 

The application was advertised in the Key West Citizen and 
several objections were received, mainly related to zoning and 
not taking into consideration the conservation areas to be 
conveyed to the state. Action was deferred on June 30, the 
advertised sale date. 

An appraisal by the staff appraiser of the 10.11 and 4.63 
acres indicated a difference in value of $2,400 which appli- 
cant agreed to pay in addition to defraying the cost of the 
appraisal . 

Based on an opinion that the areas to be conveyed to the state 
would offset the damage caused by dredging and filling, that 
the appraisal was equitable and sale would be in the public 
interest, the staff recommended approval. 

On motion by Mr. Williams, seconded by Mr. Christian and 
adopted without objection, the Trustees overruled the 
objections and confirmed the land exchange and sale at the 
appraised value subject to applicant paying the cost of 
appraisal . 



LEE COUNTY - File No. 2337-36-253.12(6), Quitclaim Deed 

Deferred last week when only four members were present was 
the application of L. K. Thorne, Jr., represented by Stephen 
L. Helgemo for a quitclaim deed under provisions of Section 
253.12(6) Florida Statutes, to a parcel of filled sovereignty 
land in Yacht Basin of Charlotte Harbor embracing 0.125 acre 
abutting Section 23, Township 43 South, Range 20 East, Gas- 
parilla Island in Lee County. 

The land was filled prior to June 11, 1957, all required 
exhibits were furnished, and the parcel was appraised at 
$500. 

Action was deferred by the Trustees last week when only 
four members were present. On this date motion was made 
by Mr. Williams, seconded by Mr. Faircloth and Mr. Christian 
and adopted without objection, that the Board authorize 
issuance of the quitclaim deed for the $500 appraised value 
and payment of appraisal cost by the applicant. 



BROWARD COUNTY - File No. 2353-06-253.03, Spoil Easement. 

The Florida Inland Navigation District applied for a spoil 
easement in the Atlantic Ocean embracing 1.84 acres abutting 
Section 5, Township 48 South, Range 31 East, Deerfield 
Beach, Broward County. 

Easements had been obtained from abutting upland owners. 
Bureau of Beaches and Shores reviewed the project and had 
no objections. Upland owners within 1,000 feet of the spoil 
area were notified and filed no objections. 

On motion by Mr. Faircloth, seconded by Mr. Williams and 
adopted without objection, the Trustees authorized issuance 



7-7-70 



of the easement requested by Florida Inland Navigation District, 



CLAY COUNTY - File No. 2354-10-25 3.03 
Right of Way Easement. 

The Seaboard Coast Line Railroad Company requested right of 
way easement across 1.25 acres of Black Creek bottom lands 
abutting Sections 12 and 40, Township 5 South, Range 25 East, 
Clay County, for construction of a new railroad bridge. The 
existing bridge would be removed. 

Construction plans were reviewed, no dredging or filling was 
proposed within the easement area, and the Department of 
Natural Resources had no objection to the project. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
without objection, the Trustees authorized issuance of the 
easement for $100 processing fee. 



MARTIN COUNTY - File No. 2350-4 3-253.03 
Spoil Easement. 

Deferred last week when only four members of the Board were 
present was the application from Central and Southern Florida 
Flood Control District for a spoil easement to the United 
States Corps of Engineers for five permanent "spoil areas 
embracing 40 acres in the St. Lucie River in Martin County 
adjacent to Sections 2, 3,4 and 12, Township 38 South, Range 
41 East, Martin County, to be used in connection with main- 
tenance dredging of the Okeechobee Waterway. 

The Department of Natural Resources reviewed the application 
and had no objection to the project. 

On motion by Mr. Christian, seconded by Mr. Williams and 
adopted without objection, the Trustees authorized issuance 
of the easement as requested. 



HOLMES AND WASHINGTON COUNTIES - Right of Way Easement, 

File No. 2351-30 and 
67-253.03. 

The Department of Transportation requested right of way ease- 
ment across 3.74 acres of bottom lands of the Choctawhatchee 
River abutting Section 15, Township 4 North, Range 16 West, 
in Holmes and Washington Counties, for construction of a 
bridge on State Road 8 (1-10), Section 61001-2401. Action 
was deferred last week when only four members of the Board 
were present. 

Construction plans were reviewed, no dredging or filling 
was indicated, and the Florida Game and Fresh Water Fish 
Commission had no objection. 

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



7-7-70 



FRANKLIN COUNTY - Power Line Easement. 

Florida Power Corporation requested an easement six feet wide 
across a parcel of land in Section 29, Township 8 South, 
Range 6 West, for electrical service to a new Highway Patrol 
Station. 

The Department of Highway Safety and Motor Vehicles had 
approved the application and staff recommended approval. 

On motion by Mr. Dickinson, adopted without objection, the 
Trustees authorized issuance of the easement for power line 
to the Highway Patrol Station in Franklin County. 



MARION COUNTY - Power Line Easement. 

Florida Power Corporation requested an additional easement 
thirty feet wide over state lands at Lowell in Township 14 
South, Range 21 East, Marion County, adjacent to the existing 
transmission line crossing said land. Applicant offered $1,300 
for the easement. 

The Department of Health and Rehabilitative Services and other 
state agencies using the land had reviewed and approved the 
request . 

Mr. Adams asked why a charge was not made in the preceding 
application in these minutes. The Director advised that if 
there was a direct benefit, a state facility was to be served, 
the policy was to make no charge for the easement crossing state 
land. 

On motion by Mr. Dickinson, adopted without objection, the 
Trustees authorized issuance of the easement for consideration 
of $1,300. 



LEON AND ALACHUA COUNTIES - Reconfirmation of three applications 

approved last week by four members 
of the Board of Trustees. 

1. LEON COUNTY - Application for a lease covering the 

A and M University Hospital to the City of Tallahassee 
and Leon County for an additional two years for hospital 
purposes, as recommended by the General Counsel of the 
Board of Education. 

2. LEON COUNTY - Application for an easement to the City 
of Tallahassee over lands of Florida State University 

in Sections 3 and 4, Township 1 South, Range 1 West, for 
construction and maintenance of electric transmission 
lines as approved by the Board of Regents. 

3. ALACHUA COUNTY - Road right of way easement applied for 
by the Board of County Commissioners of Alachua County 
over certain land of the University of Florida for 
paving Southwest 2 3rd Terrace as approved by the 
Board of Regents. 

On motion by Mr. Williams, seconded by Mr. Christian and 
Mr. Adams, and adopted without objection, the Trustees 
reconfirmed approval of the above three applications. 



COLLIER COUNTY - Oil and Gas Lease. 

On April 28, 1970, the Trustees with the concurrence of the 

7-7-70 



Board of Education authorized advertisement for sealed bids for 
a five-year primary term oil and gas drilling lease covering the 
full interest held by the Trustees in Section 16, Township 49 
South, Range 31 East, containing 64 acres, more or less, in 
Collier County. The lease required an annual rental of $1 per 
acre, one-eighth royalty, at least one test well every 2% years, 
and a $50,000 surety bond. The successful bidder was required to 
pay all advertising costs and the Board reserved the right to 
reject any or all bids. 

Invitation to bid was published in the Tallahassee Democrat and 
the Naples Daily News pursuant to law, with bids to be opened on 
June 30. However, since only four members of the Board of Trustees 
were present on that date, the sealed bids were held unopened 
until this date. 

Mr. James T. Williams of the Trustees' staff read the following 
bids: (1) Sun Oil Company offered a bonus bid of $2,246.40 and 
$640 for the first year's rental or a total amount of $2,886.40; 
and (2) Phillips Petroleum Company offered a bonus bid of $16,396.80 
and $640 for the first year's rental or a total amount of $17,036.80 

On motion by Mr. Christian, seconded by Mr. Williams and by the 
Attorney General, the Trustees received the bids and awarded the 
lease to the high bidder, Phillips Petroleum Company. Also by 
the same motion the Board of Education confirmed the action. 



CHARLOTTE COUNTY - Oil and Gas Lease. 

On December 23, 1969, the Trustees with the approval of the Game 
and Fresh Water Fish Commission authorized advertisement for 
sealed bids for a five-year primary term oil and gas drilling 
lease covering the full interest held by the State of Florida in 
the C. M. Webb Wildlife Management Area containing 59,221.17 acres, 
more or less, in Charlotte County. The lease required an annual 
rental of $1 per acre, one-eighth royalty, at least one test 
well every 2h years, and a $50,000 surety bond. The successful 
bidder was required to pay all advertising costs and the Board 
reserved the right to reject any or all bids. 

Invitation to bid was published in the Tallahassee Democrat and 
The Herald News of Punta Gorda, Florida, pursuant to law, with 
bids to be opened on June 30. However, since only four members 
of the Board of Trustees were present on that date, the sealed 
bids were held unopened until this date. 

Mr. James T. Williams of the Trustees' staff read the following 
bids: (1) Sun Oil Company offered a bonus bid of $137,985.33 
and $59,221.17 for the first year's rental or a total amount 
of $197,206.50; (2) Frank A. Ashby, Jr., offered a bonus bid 
of $92,385.03 and $59,221.17 for the first year's rental or a 
total amount of $151,606.20; and (3) E. M. Smith offered a 
bonus bid of $657,947.20 and $59,221.17 for the first year's 
rental or a total amount of $717,168.37. 

On motion by Mr. Christian, seconded by Mr. Williams and adopted 
without objection, the Trustees received the bids and awarded 
the lease to the high bidder, E. M. Smith of New Orleans, 
Louisiana . 



SANTA ROSA AND ESCAMBIA COUNTIES - Oil and Gas Lease. 

On April 28, 1970, the Trustees authorized advertisement for 
sealed bids for a five-year primary term oil and gas drilling 
lease covering the sovereignty land owned by the Trustees in 
the Escambia River and its tributaries in Townships 5 and 6 
North, Ranges 29 and 30 West, containing 205 acres, more or 



7-7-70 



less, in Santa Rosa and Escambia Counties. The lease required an 
annual rental of $1 per acre, one-eighth royalty, at least one 
test well every 2h years, and $50,000 surety bond. The lease 
would contain an additional provision that wells will not be drilled 
on the submerged leased area without prior written consent of the 
Trustees, and in the event production is obtained on adjoining 
lands directional wells shall be drilled under the lease area. 
The successful bidder was required to pay all costs of advertis- 
ing and the Board reserved the right to reject any or all bids. 

Invitation to bid was published in the Tallahassee Democrat and 
the Pensacola News- Journal and Milton Times, pursuant to law, 
with bids to be opened on June 30. However, since only four 
members of the Board of Trustees were present on that date, the 
sealed bids were held unopened until this date. 

Mr. James T. Williams of the Trustees' staff read the one bid 
received, as follows: Marshall R. Young Oil Company offered a 
bonus bid of $177,295 and $205 for the first year's rental or a 
total amount of $177,500. Treasurer Williams made a motion that 
the bid be approved but discussion followed and the motion was 
not adopted. 

Mr. Christian said it might be wise to reject the one bid and 
readvertise, and Governor Kirk agreed. The Director suggested 
that if only one company had leased the uplands on both sides of 
the river, that would account for only one bid being received, 
as any directional drilling under the river would be from the 
leased uplands. 

Mr. Tom Smith, an attorney representing the bidder, said that 
was the case, and he doubted that readvertising would bring 
any additional bids. He- and Mr. Kelly Young, vice president of 
the Marshall R. Young Oil Company, explained further with respect 
to a unit agreement and efficient operations in this type of 
drilling. Mr. Young said that the delay of readvertising might 
obstruct operations on the lands contiguous to the river bottoms. 
But in view of the promising aspects of oil drilling in north- 
west Florida, some members were in favor of readvertising. 

On motion by Mr. Christian, seconded by Mr. Adams, and approved 
by all other members except Mr. Dickinson, who voted "No", the 
Trustees rejected the one bid received from Marshall R. Young 
Oil Company and directed the staff to readvertise for bids 
at a later date. 



HENDRY COUNTY - Oil and Gas Lease. 

On April 28, 1970, the Trustees authorized advertisement for 
sealed bids for a five-year primary term oil and gas lease cover- 
ing the reserved one-half interest of the Trustees in privately 
owned Section 27, N% and SE% of Section 33, and W% of Section 
35, all in Township 47 South, Range 32 East, containing 1,440 
surface 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 
a surety bond of $50,000. The successful bidder was required 
to pay all advertising costs and the Board of Trustees reserved 
the right to reject any or all bids. 

Invitation to bid was published in the Tallahassee Democrat and 
The Hendry County News pursuant to law, with bids to be opened 
on this date. 



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Mr. James T. Williams of the Trustees' staff read the one bid 
received, as follows: Sun Oil Company offered a bonus bid of 
$6,912 and $702 for the first year's rental, or a total amount of 
$7,632 for lease covering the one-half interest reserved by the 
Trustees. The Director said that company had a lease of the privately- 
held one-half interest. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, the Trustees accepted the bid and awarded oil 
and gas drilling lease covering the reserved one-half interest of 
the Trustees to the bidder, Sun Oil Company. 

In answer to Mr. Adams' question, Director Randolph Hodges of the 
Department of Natural Resources said that before any actual drilling 
is done under a lease, a drilling permit would have to be approved 
and issued by that department. 



PASCO COUNTY - Offshore Campsite Lease. 

William B. Bennett, represented by Sam Y. Allgood, Jr., applied 
for an offshore campsite lease in Township 25 South, Ranges 15-16 
East, 1.2 miles northwesterly of Cow Key in the Gulf of Mexico in 
Pasco county. An existing structure was severely damaged by 
Hurricane Gladys in October 1968, and under the policy adopted on 
April 7, 1970, by the Trustees, the application was for lease of 
an area not to exceed one acre with annual rental of $100 for a 
one-year lease and option to renew for four additional years. 

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



HILLSBOROUGH COUNTY - SAJSP Permit 66-383. 

Staff recommended that the Board of Trustees officially object to 
reissuance of SAJSP Permit 66-383 as modified. The District 
Engineer, Jacksonville District, United States corps of Engineers, 
had requested that an overall state position be indicated. 

At the time the original federal permit issued on February 13, 
1967, the Trustees had no clear-cut authority to act on these 
matters within the boundaries of the Tampa Port Authority, where 
the land involved was located. The Marine Bank and Trust Company 
obtained a permit from that Authority on June 22, 1967 (to expire 
June 21, 1972) to dredge and fill submerged lands in Tampa Bay 
abutting Section 19, Township 29 South, Range 18 East, Hillsborough 
County. As the permit issued prior to effective date of Chapter 
67-1503, a biological study was not executed. 

The deed to submerged lands subject to be filled is in escrow, 
release being contingent upon the lands being filled to an appro- 
priate elevation complying with the local zoning requirements. If 
the company fails to secure necessary permits it appears that the 
agreement between the Tampa Port Authority, which acquired the land 
by Legislative Act, and the Marine Bank and Trust Company will be 
invalid. 

The Florida Game and Fresh Water Fish Commission filed an objection 
to issuance of the subject permit with the District Engineer on 
September 5, 1969, on the basis that the area was highly produc- 
tive for estuarine resources. The Trustees' staff recommended 
that the Board officially object to reissuance of SAJSP Permit 
66-383 as modified. 



7-7-70 



8 

Mr. Leo Foster of Tallahassee was present to introduce Mr. Lewis H. 
Hill, an attorney representing the Marine Bank and Trust Company, 
applicant for the permit from the corps of Engineers. Mr. Hill 
reviewed the history of the matter including establishment of the 
bulkhead line in 1960 and approval by the Trustees, application made 
in 1967 to fill a portion of the land but showing the plan for devel- 
opment of the entire parcel, approval of the project by the Tampa 
Port Authority, Hillsborough County Commission, City of Tampa, Chamber 
of Commerce, Central and Southern Florida Flood Control District and 
the Trustees. Mr. Hill said that upon application by the company 
to the Corps of Engineers for permit to finish the fill project, 
objections were filed by the Interior Department and subsequently 
by the Game and Fresh Water Fish Commission. In view of prior 
approvals and completed fills that made of this parcel a pocket that 
was not valuable biologically, according to an independent biologist's 
survey, Mr. Hill urged approval for completion of development of the 
area which he said was mud flats exposed at low tide. 

The Director advised that the only reason the Board was involved 
was that the Corps of Engineers, having received conflicting reports, 
desired the Trustees to indicate the state's position. He reiterated 
the staff recommendation against issuance of the Corps permit based 
on the reports of the Game and Fresh Water Fish Commission but 
pointed out that the land was owned by Tampa Port Authority. Mr. 
Adams felt it would be inconsistent to go against the staff recom- 
mendation in view of the Board's self-imposed mandate of the public 
purpose in matters of this kind. Mr. Christian said it was difficult 
to decide the public purpose aspect, but it was a pocket between 
other fills and could be made more valuable and useful by the 
proposed development. Mr. Dickinson said it was a just issue before 
them, that the work started in 1967 and it might not be in the 
public interest to protect the small pocket, that to fill any water 
area would affect biological resources, and he would like a delay 
until the Board could take a look at the site. 

On motion by Mr. Dickinson, seconded by Mr. Williams and adopted 
without objection, the Trustees postponed further consideration for 
two weeks. 



DADE COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
Willis H. duPont applied for permit for maintenance dredging in an 
existing channel in Biscayne Bay in Township 55 South, Range 41 
East, Dade County, which the biological report stated would have 
little adverse effect on marine biological resources. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, the Trustees authorized issuance of the permit 
for $50 processing fee subject to recommendations of the staff that 
all spoiling be done above the line of mean high water, the spoil 
area be adequately diked to prevent silt and other suspended mater- 
ial from re-entering the bay, and the dredging be done in such a 
way as to minimize turbidity. 



DADE COUNTY - Utility Permit for Aerial Cable Crossing, 

Section 253.03(7) 
On motion by Mr. Williams, seconded by Mr. Adams and adopted 
without objection, the Trustees authorized issuance of a permit for 
$100 processing fee, to Florida Power and Light Company for 
installing an aerial line over the Intracoastal Waterway in Section 
14, Township 52 South, Range 42 East, Dade County. 



7-7-70 



LAKE COUNTY - Utility Permit for Aerial Cable Crossing, 

Section 253.03(7) 
On motion by Mr. Williams, seconded by Mr. Adams and adopted 
without objection, the Trustees authorized issuance of a permit for 

$100 processing fee, to the Florida Telephone Corporation of 
Leesburg, Florida, for installing an aerial wire crossing Haimes 
Creek in Section 2, Township 19 South, Range 25 East, Lake County. 



PALM BEACH COUNTY - Dredge Permit, Utility Installation, 

Section 253. 123 (2) (b) 
On motion by Mr. Williams, seconded by Mr. Adams and adopted 
without objection, the Trustees authorized issuance of a dredge 
permit for $100 processing fee, to Teleprompter , Inc., for 
installing a TV cable in Lake Worth in Sections 2 and 3, Township 
45 South, Range 43 East, Palm Beach County. The biological survey 
report was not adverse. 



PALM BEACH COUNTY - State Commercial Dock Permit, Section 253.03. 
On motion by Mr. Williams, seconded by Mr. Adams and adopted 
without objection, the Trustees authorized issuance of a state 
commercial dock permit for $100 processing fee, to paradise Harbor 
Condominium, represented by William G. Wallace, Inc., for construct- 
ing a dock in Lake Worth adjacent to upland in Section 16, Township 
42 South, Range 43 East, Palm Beach County, to be used exclusively 
by members of the condominium association. 



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. $ 7,007.06 

1788 Benton and Company, Inc. 23,918.47 

2233 Bay Dredging & Construction Co. 5,774.25 

2235 Fort Myers Shell & Dredging Co. 1,078.35 



TRUSTEES FUNDS - The Department of General Services requested 
commitment of Trustees funds in an amount not to exceed $29,000 
for site preparation of the proposed state motor pool. The release 
of funds would be based on bids for the work contained in the 
estimate prepared by General Services. The commitment would be 
consistent with the Board's policy regarding use of funds and 
subject to approval by the Secretary of Administration. 

The Director said that the motor pool would be in the area that 
had been recommended by the capitol center planners. 

On motion by Mr. Williams, seconded by Mr. Christian and adopted 
without objection, the Board agreed to commit an amount not to 
exceed $29,000 subject to approval by the Secretary of Administra- 
tion, as recommended by the staff. 



LITIGATION - Coastal Petroleum Co. vs. Secretary of the Army of 

the United States, Trustees of the Internal Improvement 
Trust Fund of the State of Florida, et al. 
The Director presented the Board's counsel in the above case, 
Mr. Neal P. Rut ledge, who discussed the litigation and the 
memorandum opinion dated June 30, 1970, of Judge C. Clyde Atkins, 



7-7-70 



10 



United States District Judge. Mr. Rutledge advised the Board that 
the judge had found that the lease was valid and the Corps of 
Engineers had no authority to deny the permit for the company to 
proceed to mine limerock from Lake Okeechobee. But the court found 
that the mining operations would have a potentially disastrous effect 
on the ecology and fresh water supply of the central and south 
Florida area, and in what Mr. Rutledge called an unprecedented type 
of decision the court would deny the injunctive relief sought by 
Coastal and not order the Corps of Engineers or Trustees to permit 
it; but as an alternative the court would impose a liability for 
whatever loss of profit Coastal will be able to show at a subsequent 
hearing set for October of this year. 

As it was not a final or appealable ruling, Mr. Rutledge recommended 
procedure of a special appeal which would be discretionary with the 
Court of Appeals and Judge Atkins. Another case now pending, Zabel 
v. Tabb, involving some of the same legal questions, was mentioned 
as also greatly affecting the power and right of the sovereignty of 
the state to protect lands for the people of Florida. The Board 
could still appeal the final opinion in the litigation. 

Motion was made by Mr. Dickinson, seconded by Mr. Adams and Mr. 
Williams, and adopted without objection, that Mr. Rutledge be 
instructed to proceed with the special appeal. 



SUBJECTS UNDER CHAPTER 18296 

REFUND - On motion by Mr. Christian, seconded by Mr. Williams and 
adopted without objection, the Trustees authorized refund of $30 to 
Peters, Maxey, Shupack, Short and Morgan, Attorneys at Law, whose 
applications for release of state road right of way reservations 
had been withdrawn. 



HOLMES COUNTY - Murphy Act Land Conveyance. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted 
without objection, the Trustees authorized conveyance under provi- 
sions of Chapter 21684, Acts of 1943 (Section 197.350 Florida 
Statutes 1969), to the Department of Transportation for $100, without 
advertisement and public sale, of Lots 16, 18, 19 and 20, Block 40 
of Ponce DeLeon Park Subdivision, being in Section 34, Township 
4 North, Range 17 West, Holmes County. The lots had been certifyifed 
to the state under tax sale certificate No. 1561 of September 
1933. 



On motion duly adopted, the meeting w 



ATTEST: 





* * * * * * 



7-7-70 



11 



Tallahassee, Florida 
July 14, 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 

Earl Faircloth Attorney General 

Fred 0. Dickinson, Jr. Comptroller 

3roward Williams Treasurer 

Floyd T. Christian Commissioner of Education 

Dovle Conner Commissioner of Agriculture 



James W. Apthoro Executive Director 



The minutes of the meeting of June 30, 1970, were approved as 
submitted. 



CITRUS CO'JNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
The 3oard of County Commissioners of Citrus County by resolution on 
April 7, 1970, established a bulkhead line 4,040 feet long in 
Sleepy Lagoon and around Parker Island in Section 28, Township 18 
South, Range 17 East, Citrus County. 

The biological survey report stated that the 1 ine around Sleepy 
Lagoon followed existing shorelines or concrete seawalls, and the 
line around Parker Island was well located and about as conserva- 
tive as surveyed lines would permit. 

On motion by Mr. Williams, seconded by Mr. Adams and adopted 
without objection, the Trustees approved the bulkhead line as 
located by Citrus County Commissioners. 



CITRUS COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
The staff recommended that the rules be waived for consideration 
of a bulkhead line that had not been placed on an advance agenda. 
Without objection, the Trustees accepted the recommendation. 

The Board of County Commissioners of Citrus County by resolution 
adopted on May 19, 1970, established a bulkhead line 999.34 feet 
long in the Gulf of Mexico near Fort Island in Sections 13 and 14, 
Township 18 South, Range 16 East, Citrus County. The area landward 
of the line was to be developed into a public beach and recreation 
facility to be constructed with the help of a federal grant on a 
matching fund basis. 

The biological survey report was adverse to the proposed dredging 
and filling, but the Trustees' staff recommended the project as 
being in the public interest. 

On motion by Mr. Williams, seconded by Mr. Adams and adopted 
without objection, the Trustees approved the bulkhead line as 
located by Citrus County Commission for a public recreation area. 



7-14-70 



12 



SARASOTA COUNTY - Bulkhead Line Relocation, Section 253.122 F. S. 
Logan Smith Company, Inc., submitted an application to Sarasota 
County Water and Navigation Control Authority which by resolution 
adopted on November 18, 1969, approved Major Work Permit No. 69-4-M 
relocating a bulkhead line on the east shore of Roberts Bay in Section 
6, Township 37 South, Range 18 East, Sarasota County. The Authority 
approved application to fill the land purchased and dredge a peri- 
meter navigation channel. On February 17, 1970, the Trustees 
deferred consideration because of questions raised about unauthorized 
activities by the applicant. 

The original application was based upon use of 0.7 mean sea level 
as the mean high water line in this area; however, the line has been 
redefined by the county. Based upon 1.46 ft. m.s.l. elevation, an 
encroachment has occurred and the following tentative settlement was 
worked out by the staff and the company: 

1. The Authority would rehear the matter and relocate the bulkhead 
line to preserve the mangrove islands. 

2. Offer to purchase 1.277 acres of land lying between the 1.46 ft. 
m.s.l. elevation and the proposed bulkhead line. A valuation 

of $2,593 per acre was determined by appraisal. 

3. Pay for 2,450 cubic yards of material to be dredged from 
navigation channel. 

4. A reconveyance of 0.388 acre of submerged land acquired from 
the Trustees, lying adjacent to the area in the application. 

The staff recommended approval of the bulkhead line relocation and 
settlement because (1) a definitive boundary would be established 
between public and private lands, (2) submerged lands heretofore 
conveyed would be returned to the Trustees, (3) the utilization of 
0.7 ft. m.s.l. elevation would be abandoned in that area, and (4) it 
would allow an orderly development of the upland into homesites. 

The Director called attention to the purchase application from Logan 
Smith Company, Inc., for 1.277 acres of sovereignty land mentioned 
in the above settlement, for which the biological report was 
adverse. The applicant had modified his plans in accordance with 
suggestions in the report; and staff felt the offer was fair and 
the sale would be in the public interest because of the settlement 
proposal. 

Mr. Adams said the Trustees' policy required a penalty payment for 
an encroachment. The Director advised that the settlement amounted 
to not less than three times the value and an extenuating circum- 
stance was the reliance on mean sea level elevation of 0.7 feet in 
accordance with surveying practice in the area for a number of years. 
Also, the city had approved the work done under proper permit. Mr. 
Conner said the staff had worked out a very difficult situation. 

Motion was made by Mr. Adams, seconded by Mr. Christian and 
Mr. Conner, that the staff recommendation be approved. 

Mr. William E. Robertson represented Hold the Bulkhead-Save Our Bays 
Association in strenuous objection to the application. Using three 
sketches, he discussed filling by the applicant and removal 
required by the county on two occasions, objected to the proposed 
settlement which he said would still go through mangrove areas, 
and requested that the conservation report and map be followed in 
the solution of the problem. 



7-14-70 



13 



The Trustees referred to the sketches and asked questions in an 
effort to understand the objections to the staff recommendation. 
It was noted that the difference in the amount of land that would 
be in the purchase application was very small. The Director had 
had no opportunity to study the sketches brought by Mr. Robertson 
and it was suggested that the objector meet with the staff. 

Motion was made by Mr. Faircloth, seconded by Mr. Adams and adopted 
without objection, that the Trustees defer action until next week. 



MONROE COUNTY - Lease Old State Armory. 

The Monroe County Historical Restoration and Preservation Commission 
by resolution adopted on June 8, 1970, requested transfer of the 
old state armory building at Key West to the commission for restora- 
tion and preservation. The building at the corner of White and 
Southhard Streets, built in 1902, had served as a meeting place 
for civic and Boy Scout groups after being declared surplus many 
years ago but was condemned by the city due to neglect and lack 
of maintenance. 

The building had been determined by several historians to be 
valuable both historically and architecturally and the commission 
had budgeted $9,500 of its $10,000 appropriation for necessary 
repairs. After restoration, the building could be used by the 
community as a meeting place by various public and civic associa- 
tions under jurisdiction of the commission. 

On motion by Mr. Dickinson, seconded by Mr. Williams and Mr. 
Christian, and adopted without objection, the Trustees approved 
leasing the building to the Monroe County Historical Restoration 
and Preservation Commission. 



BREVARD COUNTY - Contract Sale No. 24258(1642-05) 
On July 13, 1965, the Trustees confirmed sale of a parcel of 
submerged land in the Indian River in Section 10, Township 22 
South, Range 35 East, Brevard County, to M. T. Broyhill Enterprises 
and Broyhill Investment Corporation and under policy effective 
then, the applicant entered into a contract to purchase. 

Contract No. 24258(1642-05) issued and was paid in full. The 
assignee, Berkshire Life Insurance Company, a Massachusetts 
corporation, was now entitled to receive a deed. 

In accordance with the recommendation of the Department of Legal 
Affairs that at least five of the seven members of the Board of 
Trustees vote on sales due to present statutory requirements, 
motion was made by Mr. Dickinson, seconded by Mr. Adams and adopted 
without objection, that the Trustees confirm the sale and 
authorize issuance of the deed. 



GLADES COUNTY - Land Sales. 

1. File No. 2301-22-253.36. Mr. J. R. Click, represented by 
Fred E. Click, applied for a parcel of reclaimed lake bottom land 
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, containing 4.39 acres 
valued by the staff appraiser at $1,367 per acre, $6,000 for the 
parcel. 



7-14-70 



14 

2. File No. 2302-22-253.36. Mr. S. D. Dewell, represented by Fred E, 
Click, applied to purchase 1.77 acres of reclaimed lake bottom land 
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, valued by the staff appraiser at $805 per 
acre, $1,425 for the parcel. 

On June 16 the applicants were present, the applications were fully 
discussed, and action was deferred for the reason that only four 
members were present. The staff recommendation, renewed on this 
date, was that the sales be denied as not being in the public 
interest. The applicants were again present but there was no 
demonstration that the sales were in the public interest. 

Mr. Adams said he understood the staff recommendation in the light 
of the Trustees ' policy, but the applications had been pending for 
a long time, certain assurances had been given to applicants who 
had donated land for a road, and the circumstances warrant approval. 
Mr. Christian and Mr. Dickinson agreed, the latter pointing out that 
not a single objection had been received, the application was made 
long before the policy adoption, and no detriment to the public 
interest had been shown. 

Motion was made by Mr. Dickinson that the two sales of reclaimed 
lake bottom land be confirmed at the price of $475 per acre as agreed 
to by the Trustees' staff in April, 1968. Instruments of conveyance 
shall contain protective covenant to the Central and South Florida 
Flood Control District holding them harmless from damages due to 
flooding by future regulations of water level in Lake Okeechobee. 

Mr. Faircloth seconded the motion, explaining that the applicants 
had been promised something by governmental officials (Flood Control 
District) when they gave up right of way for the flood control 
project, and in the absence of any representation that it was 
contrary to the public interest he approved the sales. 

The motion to confirm the sales was adopted without objection. 



MONROE COUNTY - File No. 2123-44-253.12, Land Sale. 

On March 24 the Trustees considered application of William S. Clark, 
represented by James T. Glass, for a parcel of sovereignty land in 
Largo Sound abutting Section 14, Township 61 South, Range 39 East, 
Key Largo, Monroe County, containing 0.08 acre appraised at $100 
for the parcel, desired for constructing a small jetty into Largo 
Sound to protect a boat basin constructed on applicant's upland. 
The biological survey report was not adverse. 

As the parcel abutted Key Largo Waterway, some protection was 
needed from wave action of passing boats. No objection was 
received as a result of notice of sale published in the Key West 
Citizen. in the opinion of the staff, sale would be in the public 
interest as construction of the small jetty would prevent erosion 
of the uplands and damage to boats in the basin, caused by wave 
action of passing boats in the waterway. 

On motion by Mr. Christian, seconded by Mr. Adams and Mr. Dickinson 
and adopted without objection, the Trustees confirmed sale at the 
appraised value subject to the applicant paying the appraisal cost. 



LAKE COUNTY - Land Acceptance and Lease. 

Staff recommended acceptance of a Lake Griffin park site from the 

City of Leesburg and authority to lease the site back to the city 



7-14-70 



15 

for park purposes only. Details of the park plans were included 
in the agenda of the Department of Natural Resources on this date. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees approved the recommendation subject 
to the lease containing a reverter to the Trustees in the event the 
city failed to use the parcel for public park purposes. 



GLADES COUNTY - File No. 2359-22-253.03, Easement. 

The Central and Southern Florida Flood Control District requested 
a canal right of way easement embracing 2.0 acres in Turkey Creek 
abutting Section 26, Township 42 South, Range 30 East, Glades 
County, the right of way to extend northerly approximately 1,560 
feet from the intersection of Turkey Creek with the Caloosahatchee 
River. The easement was to be used to accommodate dredge permit 
issued to H. E. Walker on June 9, 1970. 

There was an adverse biological survey report from the Game and 
Fresh Water Fish Commission. Staff recommended approval. 

Motion was made by Mr. Christian, seconded by Mr. Dickinson and 
adopted, that the canal right of way easement be granted. Mr. Adams 
voted "No" based on previous action by Mr. Walker in entering suit 
when the Flood Control District project required his riparian rights, 



PALM BEACH COUNTY - File No. 2357-50-253.03, Spoil Easement. 
The Port of Palm Beach, represented by James E. Weber, applied 
for permanent spoil easement to the U. S. Corps of Engineers 
embracing 55 acres in the Atlantic Ocean in theoretical Sections 
34 and 35, Township 42 South, Range 43 East, Palm Beach County, to 
accommodate spoil from channel maintenance dredging at Lake Worth 
Inlet. The Trustees had granted temporary easement on the same 
area on January 27, 1970. The Department of Natural Resources 
had no objections. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized issuance of the easement. 



MARION COUNTY - Land Exchange. 

The Department of Health and Rehabilitative Services requested 
an exchange of a 15.56 acre parcel of land under control of the 
Division of Adult Corrections at Lowell, for a 16«06 acre parcel 
owned by Southern Materials Corporation. The exchange would be 
mutually beneficial to the state and the corporation as the land 
acquired by the state would act as a noise and dust buffer zone 
between the limerock processing plant and a residential develop- 
ment for state institution personnel. 

An appraisal of both parcels was furnished, reporting a value of 
$450 per acre on the 16.06 acres to be received in exchange and 
$300 per acre on the state land. The State Geologist indicated 
relatively little difference in mineral value. 

In view of the recommendations by Dr. Bax and Mr. Wainwright and 
the staff, motion was made by Mr. Williams, seconded by Mr. Dickin- 
son and adopted without objection, that the exchange be approved 
subject to Marion County being offered the state tract for 
recreational purposes pursuant to Section 253.111 Florida Statutes, 
and title evidence being furnished guaranteeing clear title to 
the parcel to be received by the state. 



7-14-70 



16 



HIGHLANDS COUNTY - Grazing Lease. 

Cleveland Boney requested a three-year grazing lease on Lot 1, 
Section 21, Township 35 South, Range 30 East, Highlands County, 
33.14 acres on the north side of Lake Istokpoga formerly under 
Lease No. 2271 to Julian O'Neal who did not wish to renew. The 
staff appraiser recommended continued grazing use as the land lacked 
access, and recommended increase of annual rental from $2 to $5 per 
acre. 

On motion by Mr. Williams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees authorized issuance of three-year 
grazing lease to Cleveland Boney for $5 per acre annual rental, with 
30-day cancellation privilege by the Board of Trustees. 



BREVARD COUNTY - Dredge Permit and Fill Permit, 

File No. 23775 (790-05) -253.124. 
Edward Shablowski, represented by Eric W. Pappas, requested consider- 
ation of dredge and fill permit issued by the City of Melbourne on 
August 29, 1969, to dredge 17,035 cubic yards of material from the 
Indian River to be deposited on 1.76 acres of submerged land 
purchased from the Trustees on November 6, 1963. 

A request was submitted that the application be considered under the 
hardship provisions of the July 1 policy. The biological report was 
adverse and staff had not presented the application because of 
failure of the City of Melbourne to relocate any of its bulkhead 
lines pursuant to recommendations of the Interagency Advisory 
Committee and policy adopted by the Trustees on December 31, 1968. 

Staff recommended denial of the dredge permit and deferral of action 
on the fill permit until the city relocates bulkhead lines in accor- 
dance with Interagency Advisory Committee recommendations. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees accepted the staff recommendation 
as the action of the Board. 



BROWARD COUNTY - Dredge and Fill Permit, File No. 253.123-598 and 

253.123-130. 
A. C. N. Y. Agency Company, Inc., represented by J. Lewis Hall, Jr., 
applied for a permit to dredge connections for two 70 ft. wide 
interior canals with South Fork New River in the City of Fort Lauder- 
dale in Section 9, Township 50 South, Range 42 East, Broward County, 
and to fill lands landward of the bulkhead line approved by the 
Trustees on June 23, 1970. 

The land to be filled landward of the bulkhead line lay within an 
area platted as "Harbor Island", Plat Book 59, Page 29, public 
records of Broward County, and according to resolution No. C-70-22 
adopted by the city, the bulkhead line followed the existing mean 
high water line as closely as practicable conforming to the platted 
boundary of lands abutting the river. 

The Director advised that the city permit had been received and the 
staff recommended approval. The biological report indicated that 
the area was marginal with little marine productivity. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized issuance of dredge 
permit under Section 253.123 and approved the fill permit under 
provisions of Section 253.124 Florida Statutes. 



7-14-70 



17 



BROWARD COUNTY - Dredge Permit, Section 253.123, File 587. 

The Director advised that Governor Kirk had requested deferment of 

an application by Port Everglades Authority for a dredge permit. 

Without objection, the Board deferred action pending discussion by 
the county and the port authority. 



MONROE COUNTY - Dredge Permit to Improve Navigation, 

Section 253.03 Florida Statutes. 
Carlton E. Regan, represented by James T. Glass, applied for a 
permit for dredging a 400 ft. long, 30 ft. wide and 5 ft. deep 
navigation channel in Florida Bay adjacent to applicant's property 
in Section 7, Township 63 South, Range 38 East, Monroe County. The 
application was filed prior to the effective date of the policy 
requiring $50 processing fee. 

The material removed would be placed on upland. The biological 
report was adverse and the applicant amended his plan to comply 
with the recommendations in the report. Supplemental biological 
report stated that the revised project was more oriented to conser- 
vation. 

On motion by Mr. Conner and Mr. Williams, seconded by Mr. Christian 
and adopted without objection, the Trustees approved issuance of 
dredge permit for the revised application. 



MARTIN COUNTY - Dredge Permit to Improve Navigation, 

Section 253.123 Florida Statutes. 
Sailfish Marina, represented by Cal Montgomery, applied for a 
dredging permit for a marina approximately 165 feet wide, 400 feet 
long and 6 feet deep in Manatee Pocket in Section 26, Township 38 
South, Range 41 East, Martin County. 

Applicant submitted $300 for the overdredge material. The applica- 
tion was filed prior to the effective date of the policy requiring 
a $50 processing fee. 

The biological report was adverse; however, the applicant amended 
the plans in accordance with the recommendations in the report 
and supplemental biological report was not adverse. 

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

permit to improve navigation. 



DADE COUNTY - Utility Permit, Section 253.03 (7) Florida Statutes. 
On motion by Mr. Dickinson, seconded by Mr. Williams and adopted 
without objection, the Trustees approved the application from 
Southern Bell Telephone and Telegraph Company for a permit to lay 
a telephone cable loosely on the bottom of Intracoastal Waterway 
in Section 6, Township 54 South, Range 42 East, Dade County, for 
which the required processing fee of $100 had been tendered. 

Mr. Adams again raised questions with respect to the fees for 
permits and easements, noting that charge was made where the permit 
allows exclusive private use of the public domain or limits use 
by the public. 

The Director said no charge was made for submarine cables, and 
in other cases there was a permit fee unless some public purpose 
was being served by the application. 



7-14-70 



18 

PALM BEACH COUNTY - Commercial Dock Permit, Section 253.03 F. S. 
Lost Tree Village Club Suites, represented by Tom McCarthy and 
Associates, applied for a state commercial dock permit for construc- 
tion of a marginal dock in Little Lake Worth adjacent to upland in 
Section 4, Township 42 South, Range 43 East, Palm Beach County, to be 
used exclusively by members of the condominium association. 

Motion was made by Mr. Christian, seconded by Mr. Williams, that the 
application be approved. 

Mr. Adams questioned the philosophy used for such permits when in 
other cases a license is issued with a charge for use of the water 
column. He said the condominium dock increased the value of the 
property by using the public domain and it limited the public use. 
In his opinion private docks or commercial docks were obstructing 
the public use of the water column the same as marinas or aquaculture 
leases. 

The Director said the difference was that this applicant's principal 
business was not the use of the public land for profit and a man with 
a private dock was not, but the staff could work out a proposal that 
would make a square foot charge applicable not just to marinas. Under 
present policy, there is a $10 charge for a private dock permit, 
$100 fee for a commercial dock permit, and two cents per square foot 
annual license for a marina. 

In view of the tenor of the discussion, Mr. Christian withdrew his 
motion. 

Mr. Dickinson renewed the motion for approval as he thought the 
application on the agenda should not be held up for a possible policy 
change, that each application should stand on its own merits and he 
thought it was in the public interest to have a dock for the use of 
the people of Lost Tree Village Club Suites. He did not object to 
the staff trying to develop a policy for applications where the 
private use impairs the public domain, but made no commitment as to 
how he would vote on such a proposal. 

Mr. Christian said a private dock at a man's home was in a different 
category from a dock at an apartment house or condominium. Mr. 
Williams also indicated that private docks were in a different category 
from marinas and condominiums. 

After further discussion, Mr. Dickinson's motion to approve the appli- 
cation was seconded by Mr. Williams and adopted on the following 
vote: Ayes by Governor Kirk, Messrs. Faircloth, Williams, Dickinson 
and Conner; Noes by Messrs. Adams and Christian. 

The Director said he would bring in an alternative to the present 
policy for consideration by the Trustees. 



POLICY - Utility Crossings. 

The staff requested authority to issue permits for utility installa- 
tion crossings over waterways and dredging permits for submarine 
utility crossings in waterways without bringing such matters before 
the Board. Such action would not be inconsistent with authority 
previously granted relating to issuing permits for private dock 
permits. 

The staff did not contemplate waiving any biological hydrographic 
reports that might be required. In the event an applicant desired 
to have any requirements waived, such request would be presented 
to the Trustees. 



7-14-70 



19 



On motion by Mr. Williams, seconded by Mr. Faircloth and Mr. 
Christian, the Trustees approved the staff request. 



LAKE COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
On motion by Mr. Adams, seconded by Mr. Christian and adopted, the 
rules were waived to allow consideration of an addendum to the 
agenda. 

The Game and Fresh Water Fish Commission requested permission to 
test the effectiveness of muck removal equipment in Trout Lake in 
Section 2, Township 19 South, Range 26 East, Lake County. If the 
method proved satisfactory, water quality in eutrophic lakes could 
be improved. 

The material removed would be placed on upland. Notice of intent 
to perform the work was published in the local newspaper and no 
objections were filed. Staff requested waiver of the biological 
study, as Trout Lake was eutrophic and had doubtful biological value 

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



VOLUSIA COUNTY - Sky Tower at Daytona Beach. 

Mr. Stephen Boyles, State Attorney for the 7th Judicial Circuit, 
said he was present on behalf of the State of Florida, that in 
October of 1969 the City of Daytona 3each had issued a building 
permit for the erection of a sky tower on Daytona Beach which had 
been placed approximately 30 feet seaward of the existing seawall. 
A competitor filed suit and after examining the suit Mr. Boyles 
decided the State of Florida should intervene. The court allowed 
it and the State Attorney filed cross complaint including that the 
sky tower was being built east of the mean high water mark on 
sovereignty land and that it was being built on the soft sand area 
of the beach to which the public had a prescriptive right. 

Mr. Boyles requested the Trustees to seek to intervene as a party 
plaintiff in the law suit, which appeared necessary to him for 
litigation of the question of where the mean high water mark is 
located . 

Mr. Faircloth commended the State Attorney for maintaining this 
action and made a motion, seconded by Mr. Christian, that the 
Trustees seek to intervene in the suit. The motion was adopted 
without objection. 



TRUSTEES' OFFICE . Secretary of State Adams, speaking for himself 
and some others, said the Board had supported the request for 
additional staff as it had been obvious that the effort as Trustees 
required investigation of matters of increasing importance, 
thorough review by the staff and briefing for the information of 
the Trustees. He said it was necessary to reevaluate the responsi- 
bilities, that it was no criticism of the dedicated effort of the 
staff, but more needed to be done and additional representatives 
should be in the field. 

Mr. Adams suggested that the members give serious consideration 
to the suggestions contained in a memorandum from the Governor 
which expressed concern that the Trustees might not be meeting 
their responsibilities in the area of protection of sovereignty 
land from illegal dredge and fill violations and other violations 



7-14-70 



20 



because of the problem of inadequate staffing of field investiga- 
tors in the Trustees' office. 



Mr. Apthorp said he would make a study for the Board to consider 
in two weeks, that he thought the objective the Board gave him 
was to convert the function from a passive title holder of the 
public's land to a manager of the public's land and in some resortts 
that had been done. In order to become more effective in manage- 
ment, he appreciated the opportunity to review the situation and 
report to the Trustees within two weeks. 



On motion duly adopted, the mee 



ATTEST: 




Tallahassee, Florida 
July 21, 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 Adams 
Earl Faircloth 
Floyd T. Christian 
Doyle Conner 



James W. Apthorp 



Governor 

Secretary of State 
Attorney General 
Commissioner of Education 
Commissioner of Agriculture 



Executive Director 



The minutes of the meeting of July 7, 1970, were approved 
as submitted. 



SARASOTA COUNTY - Bulkhead Line Relocation, 

Section 253.122 Florida Statutes. 
Logan Smith Company, Inc., had applied to Sarasota County Water 
and Navigation Control Authority which by resolution adopted on 
November 18, 1969, approved Major Work Permit No. 69-4-M relocat- 
ing a bulkhead line on the east shore of Roberts Bay in Section 
6, Township 37 South, Range 18 East, Sarasota County. The 
Authority approved application to fill the land purchased and 
dredge a perimeter navigation channel. On February 17, 1970, 
the Trustees deferred consideration for investigation of reported 
unauthorized work by the applicant. 



7-21-70 



21 



On July 14 the staff recommended approval of the bulkhead line 
relocation and a settlement, the details of which were set out in 
minutes of that date. Objections were presented by Mr. William E. 
Robertson on behalf of the Save Our Bays Association and the Board 
deferred action for a week. After the meeting the staff met with 
Mr. Robertson and provided him various documents that supported the 
proposed settlement. The staff had not been advised whether or not 
the objections were withdrawn but had added a further recommendation 
that dredging and filling would be subject to requirements that 
turbidity be controlled and that mangrove islands lying outside the 
proposed channel be protected from damage. 

In connection with the bulkhead line relocation and settlement, 
the staff recommended approval to advertise for objections the Logan 
Smith Company's application to purchase a 1.277 acre parcel of 
sovereignty land in Roberts Bay abutting Section 6, Township 37 
South, Range 18 East, Sarasota County, appraised at the value of 
$3,311.26 for the parcel. Applicant offered that price and recon- 
veyance of 0.388 acres previously purchased, lying adjacent to the 
area in the application. 

The biological survey report was adverse, stating that the proposed 
fill area would consume valuable mangrove islands. The applicant 
had modified his plans according to suggestions in the report for 
alternate channel and fill areas. 

Mr. John Fite Robertson renewed the objections expressed last week 
by his son on behalf of the Save Our Bays Association. He said 
that to make any concession or change in the bulkhead line might 
lead to other such requests and they strenuously protested. Mr. 
Christian said it was unfortunate that an agreement could not be 
reached. But the staff renewed its position that it was in the 
public interest to approve the settlement because (1) a definitive 
boundary would be established between public and private lands, 
(2) submerged lands heretofore conveyed would be returned to the 
Trustees, (3) the utilization of 0.7 ft. m.s.l. elevation would be 
abandoned in that area, and (4) it would allow an orderly develop- 
ment of the uplands into homesites. 

Motion was made by Mr. Christian, seconded by Mr. Conner and adopted 
without objection, that the Trustees approve the staff recommenda- 
tion for approval of the bulkhead line relocation and advertisement 
of the 1.277 acre parcel for objections only. 



PINELLAS COUNTY - File No. 2316-52-253.12, Application 

for Land Sale Confirmation. 
George L. Mallory, et al, represented by H. H. Baskin, Trustee, 
applied to purchase a parcel of sovereignty land in St. Joseph Sound 
abutting the vacated portion of Albert Street in the City of Dunedin 
containing 0.22 acre in Section 34, Township 18 South, Range 15 
East, Pinellas County, appraised at $530 for the parcel. 

The biological survey report dated June 6, 1969, was adverse to 
the proposed work; however, applicant had amended the plan so that 
there would be only limited adverse effects. The Trustees approved 
the bulkhead line location on March 24, 1970. The Director said 
the purchase application came pursuant to that approval and had 
been filed with the staff for several months, prior to the adoption 
of the public interest criteria policy for sales. The staff recom- 
mended approval because it was an integral part of the March 
approval of bulkhead line relocation. The bottom lands on both 
sides had been conveyed and were controlled by the applicant. 



7-21-70 



22 



Mr. Christian made a motion that the sale be approved. 

Mr. Adams called attention to the fact that while the parcels on 
each side of the application area had been sold, no authority had 
been granted to dredge and fill them. He said the Board of Trustees 
now had a public purpose criteria for sales and he did not consider 
the reason cited by the applicant that additional housing was needed 
in the area a valid public purpose. Mr. Christian, noting the position 
of the small parcel on the map, thought it would be better to allow 
the continuous shoreline development to the approved bulkhead line; 
and while he did agree with the public interest policy he pointed 
out that the application was filed prior to its adoption. 

Mr. Faircloth said he would vote against the sale on the basis that 
an insufficient public purpose was presented. 

Speaking for the applicant, Mr. Howard Rives pointed out that it was 
an old application, that it would be in the public interest as it 
would be the only condominium complex in the City of Dunedin within 
walking distance of the public park, marina and other public 
facilities, that it was approved by the Pinellas Authority, that 
it was an old street in 1883 but was not a street in its present 
state and had been vacated. 

Mr. Christian questioned whether there could be any other use for 
the area, and Governor Kirk agreed. 

The motion for approval by Mr. Christian was seconded by Mr. Conner 
and adopted on vote of three to two, Messrs. Adams and Faircloth 
voting "No." Since there were not five votes for the sale, Mr. 
Christian said it would have to be reconsidered or denied. The 
Director said it amounts to a denial. 



ST . JOHNS COUNTY - Application to Advertise Two Adjacent Parcels 

for Sale; File Nos. 2360 and 2361-55-253.12. 
Staff requested waiver of the usual two weeks advance agenda notice 
and authority to advertise the following two sale applications for 
objections only. 

File No. 2360-55-253.12. J. Carver Harris of St. Augustine, Florida, 
offered the $100 minimum set by the staff appraiser for a 0.04 acre 
parcel of sovereignty land in the St. Johns River lying between 
established bulkhead line and Lot 5 of Palamo Subdivision in Section 
39, Township 6 South, Range 27 East, St. Johns County. 

File No. 2361-55-253.12. Dr. Emilio D. Echevarria offered the $100 
minimum set by the staff appraiser for a 0.06 acre parcel of 
sovereignty land in the St. Johns River lying between the estab- 
lished bulkhead line and Lot 4 of Palamo Subdivision in Section 39, 
Township 6 South, Range 27 East, St. Johns County. 

The biological report dated October 24, 1969, prepared for the 
bulkhead line application, was adverse. Both applicants desired 
to construct seawalls and backfill to prevent damage to upland 
property and dwellings. The sale would allow restoration of an 
old wooden seawall and backfilling under the houses. The Trustees 
approved the bulkhead line location on May 12, 1970. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, the Trustees authorized advertisement of the 
two parcels for objections only. 



7-21-70 



23 



PASCO COUNTY - Offshore Campsite Lease. 

Staff recommended issuance of a campsite lease for private purposes 
to W. D. Little, represented by Sam Y. Allgood, Jr., New Port Richey, 
Florida, for one year with option to renew for four additional years, 
at $100 annual rental. The application complied with the policy 
established on April 7, 1970. The area would not exceed one acre. 
Applicant had a structure offshore in Pasco county which was 
severely damaged by Hurricane Gladys in October of 1968, and 
desired to replace the destroyed structure. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, the Trustees authorized issuance of a campsite 
lease as recommended by the staff. 



BROWARD COUNTY - Quitclaim Deeds, File No. 2330-06-253.12(6) 
and File No. 2331-06-253.12(6) 

(1) Richard L. and Bruce W. Burkard of Fort Lauderdale, Florida, 
represented by Harold Zinn and Associates, applied for quitclaim 
deed to a parcel of filled sovereignty land embracing 0.007 acre 
in Lake Mayan abutting Section 13, Township 50 South, Range 42 
East, Fort Lauderdale, Broward County. The parcel was appraised at 
$216.60, or $28,750 per acre. 

(2) Walter Michner, et al, of Miami, Florida, represented by Harold 
Zinn and Associates, applied for quitclaim deed to a parcel of 
filled sovereignty land embracing 0.026 acre in Lake Mayan abutting 
Section 13, Township 50 South, Range 42 East, Fort Lauderdale, 
Broward County. The parcel was appraised at $733.40, or $28,750 
per acre. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
without objection, the Trustees authorized issuance of quitclaim 
deeds to the two applicants in compliance with Section 253.12(6) 
Florida Statutes, at the appraised value of each parcel, provided 
each applicant pays $100 processing fee and the appraisal costs. 



BROWARD COUNTY - Road Easement. 

On motion by Mr. Christian, seconded by Mr. Conner and adopted 
without objection, the Trustees approved the request of the Depart- 
ment of Transportation for an easement for widening and improving 
State Road No. S-817 in Sections 16 and 21 of Township 51 South, 
Range 41 East, and temporary use of additional land for sloping 
and grading purposes. 

The Department of Health and Rehabilitative Services agreed to 
issuance of the easement for use of the land that had been used 
as part of the South Florida State Hospital grounds. 



HILLSBOROUGH COUNTY - Easements. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, the Trustees granted the request of the City 
of Tampa, approved by the Department of Health and Rehabilitative 
Services, for two easements 10 feet by 30 feet for the purpose of 
installation and service of water meters to serve the new mental 
health facility at Fletcher Avenue and 30th Street in Tampa, 
Hillsborough County. 



DIXIE COUNTY - Dredge to Improve Navigation. Section 253.123 F. S, 
John Irwin of Steinhatchee, Florida, applied for dredge pemit to 
connect a 50 ft. wide by 5 ft. deep boat slip to the Steinhatchee 



7-21-70 



24 

River in Section 25, Township 9 South, Range 9 East, Dixie County, 
for which the $50 processing fee had been remitted. 

Mr. Adams noted that the biological report said that dredging would 
eliminate portions of productive marsh but the project was small 
with limited adverse effects as long as all spoil material was placed 
on upland and not on the marsh. The Director said that requirement 
would be written into the permit. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized issuance of the dredge 
permit to improve navigation. 



FRANKLIN COUNTY - Dredge to Improve Navigation, Section 253.123 F. S. 
Dr. A. C. Tuck, represented by Mr. Jerrol Raymond, applied for a 
permit for a navigation channel 200 ft. long, 42 ft. wide and 4 ft. 
deep in Alligator Harbor adjacent to Section 6, Township 7 South, 
Range 1 West, Franklin County. The Director said there was an objec- 
tion, but upon on-site inspection and survey by a field man on the 
Trustees' staff it was determined that the work done by the applicant 
was not below the line of mean high water and staff recommended 
approval of the application. 

The members had understood that this application would be deferred, 
however, Mr. Raymond was present with a letter from the applicant 
agreeing that deposit of spoil material would be in accordance with 
recommendations of the Department of Natural Resources. The main 
objection had been that spoil would be deposited on marsh areas. 

Since postponement had been recommended at the meeting of the Trustees' 
staff members, on motion by Mr. Adams, seconded by Mr. Christian and 
adopted without objection, the application was deferred for further 
cons ider ation . 



MARTIN COUNTY - Dredge to Improve Navigation, Section 253.123 F. S. 
Scott Construction Co., in care of the Department of Transportation, 
applied for a permit to dredge two 150 ft. wide channels in the St. 
Lucie River at Palm City Bridge in Section 17, Township 38 South, 
Range 41 East, Martin County, so that the old bridge structure could 
be removed. The material would be deposited at the site and later 
returned to the dredge area. The biological report was not adverse. 

Staff recommended approval subject to the dredging being done with 
extreme care, no material stockpiled on adjacent grass flats, and 
the dredge material being returned to the dredge area after comple- 
tion of the project. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted 
without objection, the Trustees approved issuance of the permit 
with requirements recommended by the staff. 



MARTIN COUNTY - Dredge to Improve Navigation, Section 253.123 F. S. 
Bill V. Neff, represented by Evans Crary, Jr., applied for a permit 
to dredge a navigation channel 80 ft. long, 50 ft. wide and 5 ft. 
deep in South Fork St. Lucie River adjacent to Section 5, Township 
38 South, Range 41 East, Martin County. The application was filed 
prior to adoption of the $50 processing fee requirement. 

The material removed would be placed on applicant's upland, and 
the biological survey report was not adverse. 



7-21-70 



25 



On motion by Mr. Adams, seconded by Mr. Fair cloth and adopted 
without objection, the Trustees authorized issuance of the dredge 
permit to improve navigation without the $50 processing fee. 



PALM BEACH COUNTY - Fill Permit, Section 253.124 Florida Statutes. 

File No. 24981(1991-50) 
The motion for rehearing in that cause styled DiVosta Rentals, Inc., 
v. Claude R. Kirk, et al, Case No. 69-1219 Second Judicial Circuit, 
Leon County, had been denied. 

The staff requested authority to issue fill permit to DiVosta Rentals, 
Inc., which the Trustees had denied on October 21, 1969. 

Motion was made by Mr. Christian, seconded by Mr. Conner and adopted 
without objection, that the permit be issued en order of the court. 



PINELLAS COUNTY - Dredge to Improve Navigation, Section 253.123 F.S, 
T. D. Allissandratos of Tarpon Springs, Florida, was granted a 
dredge-only permit by Pinellas County Water and Navigation Control 
Authority, subject to Trustees' approval, to dredge a navigation 
channel 30 ft. wide, 5 ft. deep and 240 ft. long in Whitcomb Bay 
adjacent to Section 14, Township 27 South, Range 15 East, Pinellas 
County. The material removed would be hauled away and the biologi- 
cal survey report was not adverse. 

The Authority recommended that the Trustees waive the $50 processing 
fee, as the permit was filed prior to adoption of the policy. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized issuance of the dredge 
permit without the $50 processing fee requirement. 



HILLSBOROUGH COUNTY - SAJSP Permits 66-383. 

On July 7 the Trustees postponed action for two weeks on considera- 
tion of the request of the District Engineer, Jacksonville District, 
United States Corps of Engineers, that an overall state position 
be indicated by the Trustees in connection with reissuance of 
SAJSP Permit 66-383 as modified, to the Marine Bank and Trust 
Company which had a permit from the Tampa Port Authority to dredge 
and fill submerged land in Tampa Bay abutting Section 19, Township 
29 South, Range 18 East, Hillsborough County. 

The Director stated that the Attorney General had requested 
deferment. 

It was so ordered. 



ST. JOHNS COUNTY - Dock Permit, Section 253.03 F. S. 
Loran A. Brown, represented by Emmett W. Pacetti, requested 
approval of modification of a dock to be constructed under state 
commercial dock permit No. CD-1705 in Matanzas Bay adjacent to 
applicant's upland in David Shores Subdivision in Township 7 South, 
Range 30 East, St. Augustine, Florida. 

Staff recommended approval of the revised location that was 
proposed due to an objection filed by an adjacent owner. 

On motion by Mr. Conner, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized revision of the state 



7-21-70 



26 



commercial dock permit. 



RESOLUTION - Revision. 

Revision of the resolution adopted by the Trustees on June 2 was 
suggested by the Cabinet in the Department of Natural Resources meet- 
ing on June 9 and discussed by the Trustees on June 16. The Director, 
after much discussion with representatives of the Trustees, proposed 
a redraft that requires sales of state-owned land be made only in 
the public interest with applicant to demonstrate compliance with 
that policy, and provides that no lease of public land would be for 
more than fifteen years and not contrary to the public interest. 

Mr. Faircloth favored a reduced term of five years and avoiding any 
structures under a lease which might affect use of the state land in 
the future. He said the Department of Natural Resources should be 
consulted in matters of this kind, as both leases and sales would 
divest the Board of use of the sovereignty land. Mr. Adams suggested 
a lease term of ten years would comply with the law, and mentioned 
that in agricultural leases drainage facilities or structures were 
erected but in any event the structures on leased land would become 
property of the state after the lease term expired. 

On motion by Mr. Christian, seconded by Mr. Conner and Mr. Adams, 
adopted without objection, the Trustees waived the rules for action 
on the policy resolution, and approved revision of the resolution 
as recommended by the Director but with a lease term of ten years 
only, as follows: 

RESOLUTION 

WHEREAS, Florida's publicly-owned land is a vitally important 
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 had 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 of the Internal Improvement Trust Fund does hereby 
declare that no further sales of state-owned land will take 
place unless the applicant for the sale can affirmatively demonstrate 
that same would be in the public interest; and be it 

FURTHER RESOLVED, that no lease of public land shall be 
executed for a term in excess of ten years and that no such 
lease shall be contrary to the public interest; and be it 

FURTHER RESOLVED, that the Trustees' staff is hereby directed 
to include in its recommendations on each sale a statement as 
to whether same would be in the public interest and on each lease 
a statement as to whether same would be contrary to the public 
interest. 

DONE in the Capitol, Tallahassee, Florida, this 21st day 
of July, A. D. 1970. 



7-21-70 



27 



WEST FLORIDA COUNTIES - Hurricane Becky. 

Riparian properties along the Gulf of Mexico coast, bays and bayous 

of West Florida counties might experience damage as a direct result 

of Hurricane Becky advancing toward Pensacola . The Director 

requested certain emergency authority be granted, if recommended 

by an inspection team consisting of Board of Trustees and Department 

of Natural Resources personnel. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted without 
objection, the Trustees granted permission to the staff to adminis- 
tratively authorize installation of protection devices in and 
restoration of these critical areas after, but only after, an on-site 
inspection and investigation reveals that the damage was a direct 
result of the hurricane. 



Secretary of State Tom Adams, joined by Mr. Christian and other 
members, requested the Director for a complete public presentation 
and briefing of the Trustees on activities in Collier County relating 
to Wiggins Pass-Vanderbilt Beach, Parkshores-Point Royal develop- 
ments involving the Trustees and the Department of Natural Resources 
and about which there was great misunderstanding and considerable 
correspondence . 

The Director said he would make a full report at the next meeting. 



SANTA ROSA AND ESCAMBIA COUNTIES - On July 7, 1970, the Trustees 
received one bid from Marshall R. Young Oil Company in response to 
an advertised lease of land in the Escambia River. In view of 
promising aspects for oil drilling in that area the members thought 
a higher bid might be expected and rejected the bid. 

Mr. Apthorp said the staff had no instruction as to when the oil 
and gas drilling lease should be readvertised. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, the rules were waived and the Trustees ordered 
readvertisement for new bids on the oil and gas drilling lease 
covering the sovereignty land owned by the Trustees in the Escambia 
River and its tributaries in Townships 5 and 6 North, Ranges 29 and 
30 West, containing 205 acres, more or less, in Santa Rosa and 
Escambia Counties. 



SUBJECTS UNDER CHAPTER 18296 

On motion by Mr . Faircloth, seconded by Mr. Christian and adopted 
without objection, the Trustees approved Report No. 970 listing two 
regular bids for sale of Murphy Act land in Pasco and Seminole 
Counties under provisions of Chapter 18296, Acts of 1937, Section 
197.350 Florida Statutes, as follows: (1) sale of a parcel of land 
in Pasco County to William F. Rawlinson et ux, for $300, and (2) sale 
of a lot in Seminole County to M. G. Hodges for $200; and the 
Trustees authorized execution of deeds pertaining thereto. 



REFUND - On motion by Mr. Adams, seconded by Mr. Christian and 
adopted without objection, the Trustees authorized refund of $15 
to each of the following two applicants for the reason that the 
Department of Transportation declined to recommend release of the 
state road right of way reservations contained in the Murphy Act 
deeds as listed below: 



7-21-70 



28 



Panama Title Company - Bay County Deed No. 351 

Roy W. Caldwell - Lake County Deed No. 02-Chapter 21684 



On motion duly adopted, the meeting was ad 



ATTEST: 




Tallahassee, Florida 
July 28, 1970 



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



Claude R. Kirk, Jr 
Earl Faircloth 
Fred O. Dickinson, 
Broward Williams 
Floyd T. Christian 
Doyle Conner 



James w. Apthorp 



Jr. 



Governor 

Attorney General 

Comptroller 

Treasurer (Present part time) 

Commissioner of Education 

Commissioner of Agriculture 



Executive Director 



The minutes of July 14 were approved as submitted, 



DADE COUNTY - File No. 2329-13-253.12, Land Sale. 
On June 2, 1970, the Trustees considered application from H. P. 
Forrest, Trustee, represented by William J. Roberts, to purchase a 
parcel of sovereignty land in Biscayne Bay containing 4.4026 acres 
abutting Section 22, Township 53 South, Range 42 East, in Miami Beach, 
Florida, for construction of Island View Post-Graduate Hospital. The 
applicant offered $95,000 - the $92,500 appraisal reviewed and adjusted 
by the staff appraiser. The proposed sale was advertised for objections 
only in the Miami News, proof of publication filed, and several 
objections were received from individuals on Sunset Island No. 4 and 
from owners of a condominium on Lincoln Court. 

The biological survey report showed that sale and development would 
have adverse effects on the small amount of remaining marine life 
in the area. 

Staff was of the opinion that the sale was in the public interest 
based on a study submitted by the applicant that showed a need for 
additional hospital beds and a post-graduate hospital in the area. 
Therefore, recommendation was that the objections be overruled and 
the sale confirmed at the adjusted appraised value. 



7-21-70 



29 



Motion was made by Mr. Williams, seconded by Mr. Christian, that 
the sale be confirmed. 

Mr. Faircloth voted against sale, stating that while hospitals are 
generally in the public interest this one is a private hospital and 
possibly could be built elsewhere. He suggested more time to study 
items on the agenda that require consideration of the public interest. 
The Director explained that sales and bulkhead lines are shown on an 
advance agenda two weeks before consideration by the Trustees, and, 
when authorized, advertisement of proposed sale ran for four weeks 
before consideration of confirmation of sale. In reply to Mr. 
Faircloth' s question about pollution, the Director reported that 
the staff referred any application involving possible pollution to 
the Air and Water Pollution Control staff for report and recommenda- 
tion. A longer period of advance agenda notification was discussed. 

Mr. Roberts, applicant's attorney, explained that this was for a 
private non-profit hospital which accepted indigent patients and 
had a teaching and complete research program, which did serve a 
public purpose. 

On the motion by Mr. Williams, seconded by Mr. Christian and approved 
by Governor Kirk, Mr. Dickinson and Mr. Conner, the Board confirmed 
the sale with Mr. Faircloth voting "No." 



MONROE COUNTY - File No. 2309-44-253.12, Land Sale Denied. 
On June 16 the Trustees considered application from D. R. Gaines, 
represented by James T. Glass, to purchase a parcel of sovereignty 
land in Florida Bay abutting Section 6, Township 66 South, Range 33 
East, at Key Vaca, Monroe County, containing 1.93 acres in the 
original application but reduced to 0.87 acre to lessen adverse 
biological effects and eliminate a mangrove island as recommended 
by the biological report and the staff. 

Navigation channels would be placed almost entirely within the 
purchase area which would be used for a low income housing develop- 
ment. Mr. William J. Roberts, present on behalf of the applicant, 
said this was a federal Housing and Urban Development project 
needed in the area. The applicant offered the appraised value of 
$750 for the parcel ($858 per acre) . 

Mr. Christian made a motion, seconded by Mr. Williams, that the 
sale be approved. Mr. Faircloth and Governor Kirk voted "No" and 
the sale was denied, lacking five votes for disposition of the land. 
Mr. Faircloth said he favored low income housing but did not see 
that it had to be constructed on the water. 



BREVARD COUNTY - File No. 2315-05-253.12, Application to Advertise. 
Orval M. Bradford, Jr., and Floyd H. Criswell, represented by 
Leonard Spielvogel, applied for a 0.341 acre parcel of sovereignty 
land in the Indian River abutting fractional Section 2, Township 
25 South, Range 36 East, at Merritt Island in Brevard County. 

The biological report secured at the time the bulkhead line was 
established was not adverse. The Trustees approved the bulkhead 
line on June 24, 1969, and again on January 27, 1970. Based on 
existing information, the sale appeared to be in the public 
interest as it would allow straightening of the shoreline between 
existing seawalls, eliminating a mosquito breeding stagnant pocket 
and providing an orderly upland development, clearly delineating 
the boundary between public and private lands. 



7-28-70 



30 



On motion by Mr. Christian, seconded by Mr . Williams and adopted 
without objection, the Board authorized advertisement for objections 
only. 



MONROE COUNTY - File No. 2349-44-253.12(6) Quitclaim Deed. 
W. F.VanSweringen, represented by James T. Glass, requested issuance 
of a quitclaim deed to a parcel of filled sovereignty land containing 
0.14 acre in Tarpon Basin abutting Section 22, Township 61 South, 
Range 39 East, Key Largo, Monroe County, Florida, appraised at $100, 
or $715 per acre, prior to filling. 

On motion by Mr. Williams, seconded by Mr. Faircloth and adopted 
without objection, the Board authorized issuance of quitclaim deed 
in compliance with provisions of Section 253.12(6) Florida Statutes 
at the appraised value, applicant to pay $100 processing fee and 
cost of the appraisal. 



PALM BEACH COUNTY - File No. 2346-50-253.12(6), Quitclaim Deed. 
Leon A. Robbins, represented by Grover C. Herring, requested issuance 
of a quitclaim deed to a parcel of filled sovereignty land covering 
1.929 acres in Lake Worth abutting Section 15, Township 45 South, 
Range 43 East, Town of Manalapan, Palm Beach County, appraised at a 
value of $100 prior to filling. 

On motion by Mr. Williams, seconded by Mr. Faircloth and adopted 
without objection, the Board authorized issuance of quitclaim deed 
in compliance with Section 253.12(6) Florida Statutes, at the 
appraised value, applicant also to pay the $100 processing fee, cost 
of the appraisal and $722.42 for fill material. 



SPOIL ISLANDS; OKALOOSA ISLAND AUTHORITY REQUEST . 
The agenda listed consideration of spoil island policy and the 
request of Okaloosa Island Authority for dedication of a spoil 
island in Okaloosa County; however, the Director advised that the 
Secretary of State had asked for deferment for two weeks because of 
his absence. 

The Board agreed to the deferment, but heard Representative J. G. 
(Jerry) Melvin who had come to make a presentation on behalf of 
Okaloosa Island Authority. 

Mr. Melvin said the Authority already had three miles of islands 
developed under protective regulation's and areas for public purposes, 
The spoil island in question was being used by people now, with no 
one responsible for cleaning up the debris, and the Authority 
desired to have it under their jurisdiction in the public interest. 
Mr. Melvin did not object to the deferment for two weeks. 



TRUSTEES FUNDS - Staff requested authority to spend up to $800 for 
aerial photography of Cudjoe Key in Monroe County. The majority of 
land on the key was owned by Rimersburg Coal Company and El Radabob 
Liquidation Trust, which firms desired to enter into boundary line 
agreement with the Board to clear land titles and had agreed to 
defray half of the total $1,600 cost to obtain the photography needed 
to work out suitable boundary lines. 

On motion by Mr. Christian, adopted without objection, the Trustees 
authorized expenditure of Trustees funds up to $800 for the aerial 
photography requested by the staff. 



7-28-70 



31 



ESCAMBIA COUNTY - Spoil Easement. 

The United States Department of the Navy requested permission to 
pla'ce on uplands within Fort Pickens State Park in Escambia County- 
spoil material that would result from maintenance dredging of the 
ship channel to be completed by November 1971. 

The Division of Recreation and Parks, Department of Natural 
Resources, reviewed and approved the project; and on this date the 
Board approved the item on the agenda of the Department of Natural 
Resources in connection with dredging by the Corps of Engineers of 
the passage from the Gulf of Mexico into Pensacola Bay. 

On motion by Mr. Faircloth, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized spoil easement for the 
purpose . 



DADE COUNTY - Corrective Deed. 

L. Jules Arkin requested issuance of a deed superseding and 
correcting Trustees Deed No. 21159 dated March 13, 1956, issued to 
Edith L. Trees who became deceased 13 days prior to the date of the 
deed. The grantee in the corrective deed would be the present 
record owner of the property. 

On motion by Mr. Williams, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized issuance of corrective 
deed to Doris Kaskel, et al, for $25 processing fee. 



BROWARD COUNTY - Dredge Permit to Improve Navigation, 

Section 253.123 F. S., File 587. 
Port Everglades Authority had applied for a dredge permit for a 
channel 15 ft. deep, 100 ft. wide, and 600 ft. long in and parallel 
to the old F. E. C. canal, and to dredge an area in the Intracoastal 
Waterway 425 ft. wide, 600 ft. long and minus-36 ft. deep in Section 
24, Township 50 South, Range 42 East, Broward County, with the spoil 
to be placed on upland. The Port Authority by resolution requested 
waiver of the requirement of 10<= per cubic yard payment. 

The biological report was not adverse, noting that it was a heavily 
industrialized port area, but objection was filed by the Board of 
County Commissioners on the basis that the proposed dredging 
would adversely affect the county park. On July 14 the Trustees 
deferred action because of the county objection. Motion to approve 
was made by Mr. Faircloth, seconded, and discussed. Port Attorney 
Linwood Cabot, Chairman Jack Clark and Dr. L. F. Wicker of 
Hydrospace Research Corporation, discussed the application, 
negotiations for leasing Ah acres owned by the Port Everglades 
Authority and zoned for many years for industrial use, the intended 
use of the land on the Intracoastal Waterway for oceanographic 
research. Mr. Cabot said the Trustees should not be placed in the 
position of a planning and zoning board, that the Authority members 
were an elected body and should be allowed to use port-owned land 
as planned, and he urged approval of the dredge permit. 

Carl F. Thompson, Director of Parks, representing Broward County 
Commission, objected that the county had plans to use the area in 
connection with the county beach, if it could get the land (owned 
by the Port Authority) . The county was not against Hydrospace 
but suggested some other location might be used that would not be 
so near the county beach. Governor Kirk asked about access to 
the county beach and possibility of a tunnel which Mr. Thompson 
said was a plan for the future. 



7-28-70 



32 



Harry J. Vardemeier, Jr., of Broward county Area Planning Board, 
and Al Bar ill, Area Planning Director, also strongly objected to 
the Port Authority plans, charging that it would damage the tourist 
oriented activities and the environment, and would use an area needed 
for expansion of the county beach. 

Treasurer Broward Williams left the meeting during this discussion. 

Mr. Christian made a motion that the application be denied, which 
was seconded by Mr. Faircloth. There was further discussion and no 
vote on the motion. The motion was withdrawn. 

Mr. Apthorp pointed out that the question before the Board was an 
application from the Port Authority to remove material from the 
waterway in front of the site and from the intracoastal Waterway 
which would be used to raise the site for building the Hydrospace 
facility, that the biological report was not adverse, that the 
county obviously wanted the land that was owned by the Port Authority, 

After the additional discussion and explanation by Dr. Wicker of the 
research plans, Mr. Faircloth said he might be in favor of the appli- 
cation but since there was an allegation that it would impair the 
county beach, he would like to know the reaction of the Department 
of Natural Resources Divisions of Beaches and Shores and Recreation 
and Parks. Mr. Christian suggested deferment until reports were 
available from those agencies. 

The Director said the staff would secure reports, and would meet 
with the various parties before again placing the application on the 
agenda for consideration by the Trustees. 



MONROE COUNTY - Dredge Permit to Improve Navigation, 

Section 253.03 Florida Statutes. 
Ernest Leder applied for permission to dredge a channel 50 ft. wide, 
minus-5 ft. mean low water depth, 900 ft. long, in the Atlantic 
Ocean in Section 19, Township 65 South, Range 34 East, at Grassy 
Key, Monroe County. The application was filed prior to the effec- 
tive date of the $50 fee policy. 

The project was approved on August 8, 1967 without a biological 
study; therefore, when applicant requested an extension of time 
a biological study was required. It cited limited adverse effects, 
suggested revisions, and applicant modified channel as recommended. 

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



DADE COUNTY - Permit for Channel Markers, Section 253.03 F. S. 
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted 
without objection, the Trustees waived the $100 processing fee and 
authorized issuance of state permit to the Dade County Public Works 
Department, Water Control Division, for installation of five channel 
markers in Biscayne Bay offshore from upland in Section 40, Township 
54 South, Range 41 East, Dade County. 



POLICY FOR DOCK PERMITS - At the request of the Secretary of State 
who was not present on this date, the Trustees deferred consideration 
of alternatives to the present policy regarding dock permits. 



7-28-70 



33 



HILLSBOROUGH COUNTY - SAJSP Permits 66-383. 

Consideration of the Marine Bank and Trust Company permit was 
again deferred. Attorney General Faircloth said the applicant had 
obtained another biological survey report and the Board would like 
a staff recommendation on it. 



BROWARD COUNTY - Parker-Dorado Litigation. 

The staff had been working with the Attorney General with respect 
to litigation now pending against Parker-Dorado interests in Broward 
County, had turned up additional evidence indicating that the seawall 
appeared to be constructed seaward of the mean high water mark, and 
requested that the Cabinet authorize the Attorney General to proceed 
on behalf of the Trustees in the suit. 

On motion by Mr. Christian, seconded by Mr. Faircloth, it was so 
ordered. 



TRUSTEES OFFICE - The Trustees postponed consideration of thfi 
report of the Executive Director on expanding the personnel^ and 
operations of the office pending completion of the budget require- 
ments. 



On motion duly adopted, the 



ATTEST 




Tallahassee, Florida 
August 4, 3970 



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: 

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. Ap thorp 



Executive Director 



The minutes of the meeting of July 21, 1970, were approved as 
submitted. 



8-4-70 



34 



BREVARD COUNTY - File No. 23775(790-05), Dredge and Fill Permits. 
An application from Edward Shablowski that was denied by the Board 
of Trustees on July 14, 1970, was placed on the agenda for further 
consideration at the request of Mr. Dickinson for the reason that 
through an oversight the staff had failed to notify the applicant 
that the matter was to be considered. 

However, Mr. Dickinson stated that counsel for the applicant had 
asked for a delay, and the Director added that they would like a 
delay of three weeks. 

V/ithout objection, the application was deferred until August 25. 



CITRUS COUNTY - Dredge and Fill Permits, Sections 253.123 and 

253.124 Florida Statutes. 
The Board of County Commissioners of Citrus County applied for 
permission to remove muck and silt from the beach area on Fort 
Island in Section 16, Township 18 South, Range 16 East, Citrus County 
in the Gulf of Mexico. Beach material would be hauled in to replace 
the removed muck and silt, for the purpose of creating a public 
beach. On July 14, 1970, the Trustees approved the establishment 
of a bulkhead line for the project and although the biological survey 
report was adverse, staff recommended approval of the application 
as the work would create a public beach in an area where there was 
none. 

Answering Mr. Adams' question regarding the public nature of the 
project, the Director stated that the county was to construct the 
beach, and it would be a public beach. 

On motion by Mr. Christian, seconded by Mr. Dickinson and adopted 
without objection, the Trustees approved the application. 



DUVAL COUNTY - Dredge Permit, Maintenance Dredging for Navigation, 

Section 253.123, File 608. 
Jacksonville Electric Authority applied for a permit authorizing 
maintenance dredging to improve navigation in the St. Johns River 
in Township 2 South, Range 27 East, in Jacksonville in an area 800 
feet long, 150 feet wide and minus-36 feet in depth. Applicant 
tendered $50 application fee. 

The biological survey report dated July 24, 1970, was not adverse. 
Staff recommended approval subject to the dredging and spoiling 
being carefully done to minimize siltation and water turbidity. 

On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
without objection, the Trustees approved the application subject to 
the provisions recommended by the staff. 



HIGHLANDS COUNTY - Rescind Permit; Refund. 

On February 4, 1969, the Trustees approved issuance of a dredge 
permit (File 253.03-91) for removal of 700 cubic yards of material 
from Lake June-in-winter in Highlands County; however, the appli- 
cants requested refund of the $70 as they no longer intend to remove 
the material from the lake. 

On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized refund of $70 to Mr. and 
Mrs. Steven Hudeck and rescinded the permit. 



8-4-70 



35 

LSS COUNTY - Permit No. 253.123-137. 

Permit No. 253.123-137 was issued on March 18, 1969, to Sunset Realty 
Company, represented by Sari Drayton Farr, Jr., to dredge a by-pass 
navigation channel in Sections 11, 12, 13 and 14, Township 43 South, 
Range 20 East, on Gasparilla Island in Lee County. A field 
inspection indicated applicant's dredge operator had performed 
additional work, had deepened and widened the existing channel 
northward to the bridge at 16th Street which had been previously 
approved under a Corps of Engineers permit, now expired. Apparently 
the dredge operator was given copies of the Corps permit as well 
as the state permit. The dredge operator thought both permits 
covered the same work area and proceeded to make the additional cut. 

At the staff's request, the applicant furnished cross-section of 
the dredge area and volume of material removed and offered to pay 
for the 32,267 cubic yards of material at the standard rate of IOC 
per cubic yard. Staff recommended issuance of permit for the 
overdredge at penalty rate of 30C per cubic yard or $9,680. 

Mr. Farr had indicated that he would like to be heard on the rate 
to be charged for the material. Mr. Adams pointed out that the 
rules also provided that a charge might be made up to the maximum 
rate of three times the rate per cubic yard prevailing in the 
locality at time of discovery which could be considerably more. 
Mr. Apthorp said the staff had advised Mr. Farr of that policy, 
that the reason for the penalty was consideration of the biological 
damage, and the applicant thought the dredging in the channel 
covered by the Corps of Engineers permit was also included in the 
state permit. 

Motion was made by Mr. Christian and adopted without objection, 
that the Board accept the staff recommendation for issuance of the 
permit upon receipt of $9,680. 



MONROE COUNTY - Dredge Permit to Improve Navigation, 

File No. 253.03-167. 
R. E. Scharf applied for a dredge permit for a navigation channel 
1,300 feet long, 50 feet wide and 5 feet mean low water depth in 
Hawk Channel in Section 27, Township 67 South, Range 26 East, 
Monroe County. The application was filed prior to the $50 fee 
policy was adopted. 

The April 14, 1970, biological survey report was adverse and 
recommended certain revisions. The project was amended as requested 
and a supplemental biological report dated July 21 recognized a 
definite improvement in the plans. Staff recommended approval. 

Mr. Adams asked the elevation of the land on which the material 
was to be deposited, noting that there were many channel dredging 
applications where it appeared that fill material was needed. 
Explanation of the background of the application was made, includ- 
ing the fact that Mr. Scharf originally applied to purchase 
fifteen acres which was denied because of adverse biological con- 
ditions, that he had revised his plans as suggested by the staff 
so that he would not need to purchase submerged land, that he 
would secure fill material from a system of interior canals, that 
the perimeter channel would provide access and the adjacent property 
owner would tie unto the channel, also. The staff felt that this 
was a legitimate navigation project. 

The motion that had been made by Mr. Conner and seconded by Mr. 
Dickinson was withdrawn and at the request of Mr .Adams the 



8-4-70 



36 

application was deferred for two weeks for further investigation. 



ST. LUCIE COUNTY - Dredge Permit to Improve Upland, Section 253.123. 
Florida Power and Light Company, represented by A. M. Davis, vice 
president, requested permission to remove 800,000 cubic yards of 
material from Big Mud Creek adjacent to Sections 8 and 17, Township 
36 South, Range 41 East, St. Lucie County, in addition to the 
700,000 cubic yards approved under a dredge permit on June 16, 1970. 
Much of the material being removed lacked the quality necessary for 
the foundation of the plant being constructed, the biological survey 
report was not adverse, and applicant tendered check for $80,000 for 
the additional material. 

Staff recommended approval subject to spoil area being diked to 
prevent silt from returning to the waters and subject to dredging 
being done so that turbidity of the water will not exceed 50 Jackson 
Units above base. 

On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
without objection, the Trustees approved issuance of permit for the 
additional material subject to the conditions recommended by the 
staff. 



PINELLAS COUNTY - State Construction Permit, Erosion Control, 

Section 253.03 Florida Statutes. 
The Pinellas County Public Works and Engineering Department requested 
a permit without charge for the installation of sheet piling and 
rock rubble for erosion control and emergency repairs at the 
Madonna Boulevard Bridge in Tierra Verde in Section 17, Township 
32 South, Range 16 East, Pinellas County. 

The Department of Natural Resources indicated that no adverse 
effects were expected. 

On motion by Mr. Dickinson, seconded by Mr. Faircloth and Mr. 
Christian, and adopted without objection, the Trustees approved the 
application and waived the processing fee for the public project. 



MANATEE COUNTY - File Nos. 253.123-561 and 253.124-126, 

Dredge and Fill Permits. 
N. J. Cowart, Trustee, and C. H. Wooten applied for a permit for 
dredging 314,000 cubic yards of fill material from existing and 
proposed navigation channels and deposit of fill material on sub- 
merged lands purchased from the Board by the Estate of Bessie Richards 
in Deed Nos. 24887 and 24888(455-41). The City of Palmetto had 
granted a permit on July 20, 1970, in accordance with Section 253.124 
Florida Statutes. 

The biological survey report of July 1, 1970, stated that the proposed 
dredging and filling would have significant adverse effects on 
productive nursery and feeding grounds. 

The original plan submitted to the staff called for massive excava- 
tion within the boundaries of the submerged lands in private 
ownership. in accordance with staff recommendations the applicant 
revised the project to lessen the damage to the environment. All 
dredging, except for areas lying within the privately owned lands, 
was to be done in existing channels. By increasing channel size 
to 125 feet wide by minus-10 feet deep, future maintenance will be 
unnecessary and potential damage to ecology reduced. 



8-4-70 



37 



In consideration for fill material from the channels, the applicants 
proposed to reconvey two mangrove islands containing approximately 
1.6 and 1.2 acres respectively, lying within private ownership. 
The major portion of the project Terra Ceia Bay will be pulled 
back from the bulkhead line that will commit an additional 4.36 
acres to public use in the form of navigation channels. 

The Director reviewed the history of the application, the action of 
the Trustees approving the sale in 1968 to clear title to the land, 
and Mr. Christian recalled that the applicant had said they were 
purchasing twice land on which they had paid taxes for many years. 
Mrs. Richards had conveyed right of way to the county which in 
turn agreed to assist her in securing submerged land from the 
Trustees. The staff recommended approval of the permits because 
of the situation that existed regarding the land sale. 

Mr. Adams recalled the contingent circumstances given consideration 
at the time of the sale but said great caution should be taken, an 
actual on-the-site survey might be needed and a determination of 
whether the portions of mangrove islands to be reconveyed were 
equal in value to the fill material. Mr. Christian suggested an 
appraisal. 

The Director said the staff would be glad to develop any specific 
information desired by the members and could have an appraisal made. 

Without objection, action was deferred for two weeks. 



STATE PARK AND RECREATION AREA LEASE AGREEMENTS . On motion by Mr. 
Christian, seconded by Mr. Dickinson and adopted without objection, 
the Trustees approved the request of the Division of Recreation 
and Parks of the Department of Natural Resources that the Board 
enter into the following listed lease agreements authorized by the 
departments as noted: 

1. Eden State Park in Walton County, Division of Recreation 
and Parks 

2. Patten Property (Gamble Mansion) in Manatee County, 
Division of Recreation and Parks 

3. Lake Kissimmee State Park (Zipprer Ranch) in Polk 
County, Division of Recreation and Parks 

4. Caloosahatchee River State Park in Lee County, 
Division of Recreation and Parks 

5. Ichetucknee Springs, Columbia and Suwannee Counties, 
Division of Recreation and Parks 

6. Sebastian Inlet, Brevard County, Division of Recreation 
and Parks 

7. Flagler Beach in Flagler county, City of Flagler Beach 
All of the above authorized by the Department of Natural 
Resources on February 17, 1970. 

8. Melbourne Beach in Brevard County, Town of Melbourne Beach 

9. Wekiwa Springs in Seminole County, Division of Recreation 
and Parks 

10. Apollo State Park in Volusia County, Division of Recreation 
and Parks 

The above three authorized by the Department of Natural 
Resources on October 21, 1969. 

11. Gold Head Branch State Park in Clay County, Division 
of Recreation and Parks - authorized by Department of 
Natural Resources on December 16, 1969. 



8-4-70 



38 



DUVAL COUNTY - Easement. On motion by Mr. Dickinson, adopted without 
objection, the Trustees granted an easement to the Jacksonville 
Electric Authority needed to provide electrical service to the site 
of the new Regional Community Mental Retardation Center in Section 
35, Township 2 South, Range 28 East, and Section 2, Township 3 South, 
Range 28 East, in Duval County, as approved by the Division of 
Retardation of the Department of Health and Rehabilitative Services. 

PINELLAS COUNTY - File No. 2316-52-253.12, Sale Application. 
Without objection, the Trustees deferred for an indefinite time an 
application for purchase of a parcel of sovereignty land in St. Joseph 
Sound abutting the vacated portion of Albert Street in the City of 
Dunedin from H. H. Baskin, Trustee, on behalf of George L. Mallory, et 
al. The matter was considered on July 21 and there were not five 
votes for the sale. At the request of a member of the Board the staff 
had placed the application on the agenda on this date but the applicant 
requested postponement. 



COLLIER COUNTY - The Director made a status report, requested by the 
Secretary of State, on several areas of reported illegal dredging in 
Collier County. Three platted units in the Florida Vanderbilt develop- 
ment were in question, and when the Trustees' field representative 
had requested cessation of work it was stopped. Upon investigation 
it was found that there were questions about the location of the mean 
high water line which the staff was trying to resolve by surveys and 
aerial photography. The mangrove areas destroyed without a permit 
would be evaluated and if on state land, a penalty or compensation 
would be sought. 

Mr. Adams was concerned at evidence he had seen on a trip to Collier 
County of operations without bulkhead lines or dredge and fill permits 
and said it was just a matter of how much trespass. He said one party 
to the south continued to fill after being stopped, that there were 
many problems including disclaimers that had been issued, letters misin- 
terpreted, but that the Board should take some action pending the 
resolving of basic questions of ownership. He noted that development 
began in the fifties when no permits were required and was concerned 
lest some responsible developer be inappropriately criticized but 
equally concerned that the public domain be protected. 

Mr. Apthorp said that five property owners were planning for long- 
range development of the area on up to Wiggins Pass that would be 
acceptable to the county and to the Trustees, and with an expanded 
staff that would be requested next week there would be field men and 
survey parties to assist the Board. 

Mr. Elliot Messer, attorney for Florida Vanderbilt, explained that 
his client had relied on the advice of counsel, engineers, title 
information, information from the Trustees' office several years ago, 
and thought they were working on their own land. The firm would 
cooperate with the Trustees in any way proper and pay whatever was 
reasonable and fair to work it out. No further work would be done 
until the Trustees said it was all right, and then there would be 
a comprehensive development plan that the staff approved. 

Mr. Baker, vice president of Florida Vanderbilt, also defended the 
company's operations that were within the law according to all the 
legal advice they had relied on. He said they had deeded some 
parcels which presented a problem. 

The Director discussed what had been done in the Park Shores area 
nearer to the City of Naples, where an arrest had been made but the 



8-4-70 



39 



prosecutor decided not to proceed against the owner or the dredge 
operator until two major questions were resolved: first, whether 
permits were required to operate in that area, and second, whether 
the meander line should be relied on or the shoreline. The staff 
needed to seek a judicial solution to the question of ownership. 
Mr. Adams said that would be a civil proceeding. 

Mr. Faircloth said he would make a motion that the Director be 
authorized to take whatever action was necessary to have these 
determinations made by the proper court. A resolution had been 
prepared by Mr. Adams and on motion by Mr. Faircloth, adopted without 
objection, the Board waived the rules and adopted the following: 

RESOLUTION 

"WHEREAS, the Trustees of the Internal Improvement Trust 
Fund are vested and charged with the administration, management, 
conservation, protection and disposition of all lands owned 
by the State of Florida; and 

WHEREAS, in Collier county, Florida, serious questions 
have been raised as to the trespass of sovereignty lands and 
those privately owned submerged lands which the Trustees are 
empowered by statute to regulate through the issuance of 
permits and the establishing of bulkhead lines; and 

WHEREAS, these alleged violations demonstrate the immediate 
need for a cessation of all dredging, filling, and seawalling 
activity in the concerned areas until a thorough study and 
investigation can be made; 

NOW, THEREFORE, BE IT RESOLVED by the Trustees of the 
Internal Improvement Trust Fund that the staff of the Trustees 
is instructed to seek injunctive relief or other appropriate 
legal action to prevent any further dredging, filling, or 
construction of seawalls or further encroachments on state 
lands in Collier County, Florida; and 

BE IT FURTHER RESOLVED, that independent legal counsel be 
employed by the Trustees for the purpose of making a thorough 
study and legal determination of the state's title to the 
lands in question and recommend legal action, both criminal 
and civil, for any violations which may have occurred, and 

BE IT FURTHER RESOLVED, that the areas in question in 
Collier County be surveyed under the direction of the staff 

of the Trustees. 

* * * 

The resolution was executed at the meeting by those members present. 

The Trustees were given copies of a memorandum from the Governor 
concurring in the resolution and asking that action be taken to 
speed up the Coast and Geodetic Survey work in these tidal areas. 
The staff had an appointment with the Department of the interior, 
the federal agency responsible for government surveys. The surveys 
relied on in Collier County were originally done by the United 
States and new surveys should be executed by the federal agency. 

Mr. Adams spoke of many reported violations, some on a large scale, 
that must be followed up, many illegal operations in lakes reported 
over a period of years which the staff just was not equipped to 
handle; but now, the Board must face up to the task of protecting 
the public domain. 



8-4-70 



40 

Mr. George Vega, attorney for Park Shores, said his clients would 
cooperate with the state and welcomed a lawsuit to properly determine 
questions of land title and public policy. 

Mr. Richard D. DeBoest, attorney for General Acceptance Corporation, 
said they inherited the problems of the old Gulf American Company, 
had worked with the staff and fifteen months ago had suggested a 
settlement, and were continuing to negotiate with the state to try 
to finalize a settlement. Mr. G. Turner, vice president of GAC, 
said they would honor their commitments and were anxious to solve the 
problems . 

In view of the late hour, the members noted that no action would be 
taken on Cape Coral today and they would prefer a written report that 
would show the fill material yardage figures. 

The Trustees heard the following parties speaking on conservation and 
the need to protect the valuable marine resources and prosecute all 
violators. 

Mr. Bradford Patton from Lee County approved adoption of the resolu- 
tion and expressed that county's pride in its many vital coastal 
areas remaining unspoiled. 

Mr. Thomas M. Provisano, for himself and Collier County Conservancy, 
pointed out that tourism depended on the many outdoor aspects of 
Florida and called for protection of the lands with no compromises 
or after-the-fact permits. 

Mr. Bill Prennen, Director of Big Cypress Nature Center in Naples, 
called attention to the decreasing amount of land and shoreline 
owned by the state and the need to preserve it for the future. 

Mr. George Matthews, reviewing something of the history of Florida 
sovereignty and swamp lands and in particular the changes made in 
the area of Collier and Lee Counties, emphasized that the land was 
held in trust and the state should back up the cases to prosecute 
violators. 

Mr. Loring Lovell presented a written statement from Conservation 
70s, as the time was late. 

Mr. Adams reminded those present that when Florida was growing in 
the past development was needed and encouraged; but now the times 
were changing, this Board had done much to correct serious problems, 
and with an increased staff and new laws they would continue to make 
progress. He thanked those interested parties and concerned 
citizens who appeared on this date and on many other occasions 
before the Board. 



SUBJECTS UNDER CHAPTER 18296 

On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
without objection, the Trustees approved Bidding Report No. 970 
listing one regular bid for sale of Murphy Act land in Alachua 
County to Roger W. Williams for $500, under provisions of Chapter 
18296, Acts of 1937, Section 197.350 Florida Statutes, and 
authorized execution of deed pertaining thereto. 



On motion duly adopted the meeting was adjourned. 



8-4-70 



41 



ATTEST : 




5CRETARY OF STATE - ACTING' C 



CHAIRMAN 



* * * 



* * * 



Tallahassee, Florida 
August 11, 1970 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met in Senate Hearing Room 31 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 (Present part time) 

Commissioner of Education 

Commissioner of Agriculture 



James W. Ap thorp 



Executive Director 



On motion adopted without objection, the Board approved the minutes 
of the meeting of July 28, 1970. 



Attorney General Faircloth moved the adoption of a resolution asking 
that on all applications for sales of land and all dredge and fill 
permits the staff advise the Board of the reaction from the Air 
and Water Pollution Control Board as to the possible polluting effect 
from whatever the applicants propose to do with the land when sold 
or dredged or filled. Mr. Faircloth said he would like to have 
that additional information as it affects the potentiality for 
polluting the environment. Mr. Adams seconded the motion. 

The Director explained that under the present procedure the staff 
requested the reports required in the statutes and then presented 
applications to the Board, that the staff and the Air and Water 
Pollution Control Department had agreed on the procedure as they 
were not equipped to comment on every application. Under the 
federal statutes applicants must secure required certificates. 

Mr. Nathaniel P. Reed read portions of the law and commented on the 
procedures called for which the Air and Water Pollution Control 
Department was totally unprepared to implement for lack of staffing 
and funds. He said it was a burdensome process and he did not 
foresee any problems under the existing setup except in very large 
projects, such as Caladesi Island; and while the resolution was 
well thought of, it placed him in a predicament in that there was 
not enough staff or money to take the mass that came to Mr. Apthorp's 
office - of which only a percentage came to the Board which was 
cutting down on those applications, also. Mr. Reed said it was 
more involved than giving a reaction, that other things were called 



8-11-70 



42 



for such as publicizing applications in a newspaper, allowing a 10-day 
waiting period, holding public hearings; and he would ask the Legisla- 
ture for funds to implement the law. He added that it was a strong 
law and if strictly observed he thought any dredging operation in the 
State of Florida would be in violation. 

Mr. Fair cloth said he wanted to take full advantage of the new law, 
that the Board should be very careful and the additional recommenda- 
tion should help the Board when the staff recommended a sale or 
dredge and fill permit, but he recognized the problems of implementing 
the new law. 

Mr. Reed said the Air and Water Pollution Control Department would 
try to live within the spirit of the Attorney General's resolution, 
would go to the Legislature for sufficient funds, and they would 
continue to work with the Trustees' staff. 



CHARLOTTE COUNTY - Bulkhead Line, Section 253.122 Florida Statute. 
On June 18, 1968, the Board of County Commissioners of Charlotte 
County established a bulkhead line in Lemon Bay adjacent to Section 
8, Township 41 South, Range 30 East, near Englewood in Charlotte 
County, located coincidental with the boundary line of submerged land 
conveyed by the Trustees in Deed No. 22081(177-08) dated March 25, 
1959, containing 4.19 acres of bay bottom. 

The biological report submitted on May 2, 1968, recommended that the 
bulkhead line be established at the mean high water line. The staff 
recommended that the line, be denied. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted without 
objection, the Trustees denied approval of the bulkhead line. 



OKALOOSA COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
The Board of County Commissioners of Okaloosa County by resolution 
adopted on July 2, 1970, established a bulkhead line along the mean 
high water line of Santa Rosa Island in Santa Rosa Sound and Choctaw- 
hatchee Bay in Township 2 South, Ranges 23 and 24 West, Okaloosa 
County. The biological survey report was not adverse, and the staff 
recommended approval of the line. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted without 
objection, the Trustees approved the bulkhead line established by 
Okaloosa County on July 2, 1970. 



SPOIL ISLANDS - Policy. 

Pursuant to the request of the Secretary of State that the staff and 
the Division of Recreation and Parks study the possibility of using 
spoil islands on the east and west coasts of Florida as a system of 
marine parks, Mr. Apthorp had advised the Board by memorandum dated 
July 23 and on this date presented recommendations to the Board for 
consideration. The Division did not consider it feasible to think 
in terms of state park development of the spoil islands except in 
limited instances, setting forth the reasoning in letter of June 19 
from Director Ney C. Landrum, copy of which was attached to the 
staff memorandum and recommendations. Mr. Adams said that letter 
should be accepted as supplemental material to the policy. 

Mr. Adams suggested that the Trustees proceed to inventory all 
spoil islands, and that the state take appropriate action to evict 
all squatters. From time to time, the Director advised, a sheriff 



8-11-70 



43 



had been called on to assist in removing sqjatters. 

The' recommended policy for future use, concurred in by the Division 
of Recreation and Parks, recognized the aesthetic and recreational 
value of spoil islands as they are, with no development. Any use 
of spoil islands by local government or private persons, as 
provided for in the policy, would be contingent on showing that 
a higher public purpose would be served. 

On motion by Mr. Christian, seconded by Mr. Faircloth and adopted 
without objection, the following recommendations of the staff were 
accepted as the Board's policy with respect to spoil islands: 

1. Spoil islands should be left in their natural state 
unless a greater public purpose would be served by 
development. If non-state development is to take place, 
it should be undertaken under lease by the Trustees, 
rather than sale and consistent with guidelines set 
forth in Section 253.111 Florida Statutes. 

2. Proposals for public development of any spoil island 
should be authorized only after consultation with 
appropriate state agencies to see if any better public 
purpose might be served. 

Mr. Christian included in his motion, which was adopted, that the 
Trustees proceed to inventory all spoil islands. 



OKALOOSA COUNTY - Okaloosa Island Authority. 

On July 28, 1970, the Trustees deferred action on a resolution from 
the Okaloosa Island Authority dated May 14, 1970, requesting 
dedication of a spoil island and other spoil areas to the Authority 
for management in accordance with the policies and regulations 
under which it had developed other areas under its jurisdiction. 
Mr. Adams mentioned a lease under a definite plan of development, 
instead of dedication. 

Honorable J. G. Melvin, Representative from District 7, said the 
island was in need of cleaning, that it had no facilities but was 
being used by campers, and the Authority would like to develop it 
as the other islands, with the title vested in Okaloosa County. 

The members felt that the title should remain in the state, and the 
Director said he would work up a lease proposal with the applicant 
and bring it back to the Trustees for consideration. 



POLK COUNTY - Crooked Lake. 

The staff requested authority to select hearing officer and conduct 
public hearing for the purpose of gathering evidence that would 
provide a means of establishing a boundary line for Crooked Lake 
in Polk County. Under provisions of Chapter 70-97, Acts of 1970, 
one method to establish boundary line is to hold public hearing at 
such time evidence is submitted upon which a boundary line can be 
adopted by the Board. The Director said there was much contro- 
versy with reference to the boundary of this lake. 

On motion by Mr. Conner, seconded by Mr. Faircloth and Mr. Adams, 
the Trustees approved the request. 



MANATEE COUNTY - File No. 2153-41-253.12, Land Sale. 

Mr. O. R. Icard, represented by Mr. Dewey Dye, Jr., in order to 



8 -11 -70 



44 



clear title to a 2.18 acre parcel of sovereignty land adjacent to 
Bolees Creek abutting Section 26, Township 35 South, Range 17 East, 
Manatee county, made application to purchase the parcel at the 
appraised value of $1,193 per acre or $2,600 for the parcel. The 
parcel is landward of the bulkhead line approved by the Board on 
February 6, 1970. The application was on the advance agenda on May 
19, was authorized to be advertised on June 2 before adoption of the 
resolution requiring all sales to be in the public interest. 

The Trustees' office received 11 protests of which 6 were withdrawn, 
and 21 letters in favor of the application. A letter from the County 
Engineer stated that the sale would aid in the drainage flow of 
Bolees Creek. Most of the protests were based on an existing eagle's 
next which was determined to be some distance from the sale area. 
The biological report was adverse, stating that "The proposed 'inland 
lagoon' purchase area appears to be a draglined canal extending off 
Bowl.ee s Creek . . . The inland lagoon has definite value to marine 
life." (The canal and spoil area can be seen in a 1947 aerial.) 

The Director discussed the study by the staff narrowing down the 
available alternatives to the only proper approach - that the appli- 
cant offer to purchase the artificially dug canal area. The staff 
felt that if the Trustees and the public had any interest there 
should be compensation for clearing the title. 

Attorney General Faircloth said he appreciated the reasons given, 
but since there was a title question and the state might own the 
parcel, and the biological report was adverse, he would make a 
motion that the sale be denied. Mr. Adams seconded the motion. 

Explanation of the background and application was made by Mr. Dye 
and Mr. Thomas F. Icard, including that the canal was dug in 1941 on 
applicant's property, that efforts to secure a disclaimer for clearing 
title began two years ago with the Trustees' office, that affidavits 
and other proof were in the file and they knew of no evidence that 
the canal was not dug on the Icard upland property. 

Mr. Dickinson commented that they needed a court decree quieting 
title or an instrument from the Board. Mr. Adams said if applicant 
owned it there was no reason to buy it a second time, and if the 
applicant did not own it he found it hard to consider that sale was 
in the public interest. Mr. Dye pointed out that this was not the 
usual sale of land bordering on the waterfront. 

On the motion by Mr. Faircloth, seconded by Mr. Adams, and adopted 
without objection, the Trustees denied the sale. 



PUTNAM COUNTY - File No. 2185-54-253.03, Proposed Settlement. 
On May 13,1969, after a considerable period of time and staff 
investigation, the Trustees denied sale of 3.86 acres of Lake Swan 
bottom land that had been filled without authorization. As a 
consequence of the controversial matter, policies were developed 
that provided the staff with guidelines for final disposition of 
encroachments, trespasses and other unauthorized activities affect- 
ing lakes. The staff recommended the following proposals to resolve 
the Lake Swan application of Carl C. Carnes: 

1. That Mr. Carnes execute an appropriate instrument that would 
provide a public easement to the lake 

2. That Mr. Carnes dredge a minimal boat access channel into 
the open waters of the lake 

3. That dredged material be spoiled in such a manner as to 



8-H-70 



45 



provide a 1-acre vehicular parking area 

4. That Mr. Carnes execute an instrument which would remove 
any interest in title to Lots 1 through 7, Johnston's 
unrecorded Subdivision No. 4, that he may have 

5. That Mr. Carnes be allowed to purchase the filled 2.43 
acre parcel at the rate of $1,200 per acre. The original 
appraisal evaluated the 3.86 acre application parcel at a 
nominal value of $400. Approximately 3/5 of the 2.43 acre 
parcel would be encumbered with a restrictive covenant 
prohibiting construction of any building . 

6. The staff would process such permits as may be necessary 
to complete the transaction if approved by the Trustees. 

The staff had secured an agreement from an intervening upland owner 
that would provide for an easement from the county road to Mr. Carnes' 
property. The Game and Fresh Water Fish Commission had been 
consulted about a boat launching site, but public access easements 
are necessary before any construction funds for such a purpose can 
be secured. The staff felt that the above settlement would provide 
public access to Lake Swan, allow the construction of a boat 
launching ramp and parking area, allow those owners of Lots 1 through 
7, Johnston's unrecorded Subdivision No. 4, to clear title to their 
lands, and close the file on this long-pending matter. 

Mr. Adams, noting that many interested parties were present, spoke 
of after-the-fact dredge permit for the little channel, the spoil 
deposited on state property, and his feeling that the state should 
keep the land. He suggested that Mr. Carnes be allowed to continue 
dredging the canal to make access to the lake, deposit the material 
on the state's upland northerly of the canal, that the land not be 
sold, that Mr. Carnes execute an instrument that would give the 
state access to its property, and that the state assert title to 
everything waterward of the meander line. 

Representative Ralph C. Tyre, District 17, said he had known the 
area for many years, that it was a question of who owned what and 
the state might not own the land in question as it was once upland 
pasture land, that someone might be unjustly ridiculed, and a new 
law effective on August 1 provided guidelines for setting boundaries 
for meandered fresh water lakes. Mr. Adams assured him that the 
state was not trying to encroach on private ownership. 

Mr. David Anderson, spokesman for Lake Swan property owners, 
expressed opposition to every point of the proposed settlement, 
and to Mr. Adams' suggestion that the canal dredging be completed. 
Mr. Adams pointed out that turbidity in the lake could be avoided 
by a barrier until the operation was finished. 

Mr. Christian also opposed the settlement, as the property owners 
had not been consulted. He said that eventually the problem must 
be resolved, that Mr. Carnes and the others have to be considered 
and possibly some agreement could be reached on another solution. 

Mr. Christian made a substitute motion, seconded by Mr. Faircloth, 
that the staff recommendation be denied and the staff meet with the 
property owners and make a recommendation at a later date. 

Mr. Carnes called attention to how long the matter had been pending, 
that the fill material was put on high ground and pushed back to 
where it was not on state property - but Mr. Adams pointed out 
that it was waterward of the meander line. Mr. Carnes said he had 
purchased in good faith and the title read "from this point follow- 



5-11-70 



46 



ing the water's edge to another point" and all the fill would be 
inside that description. 

Representing Conservation 70s, Mr. Loring Lovell and Mr. Lyman Rogers 
urged the Board to make an example of this case of illegal trespass, 
that the Legislature had provided the intent in such cases and the 
Cabinet should interpret and carry it out to preserve Florida waters, 
that the matter of public access should be treated as a separate 
issue and attention focused on protection of the marsh areas as being 
the primary public interest, that the guilty party should remove all 
of the fill on state lands to restore the lake to the original level. 

Mr. Christian thought those suggestions were too drastic, that there 
was no law requiring removal of the fill (some of which was dredged 
by a predecessor in title) under penalty, that replacing the material 
in the lake would damage the lake waters. He said the Board had 
stopped the filling operation, established that the state owned the 
land, and now was trying to work out a problem in a manner that would 
be fair to the tax payers without excessive punishment to the party 
at fault, considering all the facts. 

Mr. N. E. Bingham, one of the protesting property owners, said they 
were all concerned that they had not been consulted about the staff 
proposal. On being asked by the Governor if he had any other sugges- 
tion, Mr. Anderson responded as spokesman that the Secretary of 
State's recommendation was more acceptable - to deny everything with 
the exception of the possible completion of the canal under circum- 
stances acceptable to the staff that would not disrupt the ecology 
of the lake. 

At this point Mr. Carnes proposed as a solution that the lake, being 
meandered, should have public access and he offered to give an 
easement across his property, smooth off an acre of land for a 
parking lot, cut an access channel if necessary to permit boat 
launching, and pay the state for any land it doesn't care to use in 
order to clear up the whole matter, with all the details worked out 
by the staff. 

Mr. Faircloth said the staff would consider all the various proposals 
made here today. 

Secretary of State Tom Adams restated the proposal he had made, as 
follows: that the state assert its ownership waterward of the 
meander line that has been established, that at this time no land 
be sold to anyone, that Mr. Carnes be allowed to complete the canal 
dredging provided a barrier can be provided to protect the lake from 
siltation, that the spoil material be deposited on the state upland, 
and that Mr. Carnes execute an appropriate instrument to the state 
giving access to the state property. 

Mr. Conner said he would like to consider that as a recommendation 
that the staff could study along with the other suggestions made on 
this date. Mr. Anderson said the interested parties would like to 
have a decision made today. 

Mr. Adams' recommendation, taken as a motion, was seconded by Mr. 
Faircloth. 

Mrs. Wayne R. Conway objected to any more dredging in Lake Swan, as 
all affected owners had taken that position at a local public meeting 
held before this date. She objected to Mr. Carnes' offer to give 
public access, pointing out that this was a small lake and that he 
should make that offer with respect to the lake that he lived on, 



8-11-70 



47 

and that the dredging had already muddied the beaches and hurt the 
other property owners. Mr. Adams and Mr. Christian tried to explain 
why the motion appeared to be a good solution, and Governor Kirk 
assured her that the Board would consider the residents in determin- 
ing the proper solution. 

The motion made by Mr. Adams, seconded by Mr. Faircloth, was adopted 
without objection. 



CITRUS COUNTY - Release. 

Mr. Colin English requested release of flooding rights held by the 
Trustees covering privately-owned Lot 60 of River Heights Subdivision, 
Plat Book 1, Page 57, of Citrus County public records. Flooding 
rights were acquired by Florida Power Corporation in 1948 and assigned 
to the Trustees in 1965 at the time Florida Power donated the 
Withlacoochee and Backwaters property (Lake Rousseau) to the state 
for public recreational purposes. 

The flooding rights were held by the Trustees for the use and 
benefit of the Canal Authority of the State of Florida in connection 
with the barge canal project. The Canal Authority had no objection 
to the release, as Lot 60 is exceptionally high land and will not 
be required for either construction or a maintenance spoil area. 

Subject to approval of the Division of Recreation and Parks, the 
staff recommended release of flooding rights affecting Lot 60 to the 
present record owner, Exchange National Bank of Tampa as Trustee, 
for handling charge of $15.00. 

On motion by Mr. Faircloth, seconded by Mr. Adams and adopted 
without objection, the Board adopted the staff recommendation 
subject to approval of the Division of Recreation and Parks. 



ESCAMBIA COUNTY - Surplus Towersite. 

Staff recommended reconveyance without cost to Frontis W. Sherrill, 
John H. Sherrill, Jr., Alan P. Sherrill, Margaret S. Bach and Mary 
S. Baranco, heirs of J. H. and Mary A. Sherrill, of a 10-acre 
parcel formerly used as the Walnut Hill Towersite but now not needed 
by the Division of Forestry because of a change in the forest fire 
protection system. All fixed improvements had been removed or sold. 

The parcel was donated to the Board of Forestry on December 14, 
1937, by J. H. and Mary A. Sherrill. Although the deed did not 
contain a reverter clause, the Department of Agriculture and Consumer 
Services recommended return of the land at no cost to the donors' 
heirs who own all the adjacent land. Staff counsel advised that 
there did not appear to be any legal impediments in that procedure. 

Motion for approval was made by Mr. Adams, but Mr. Faircloth asked 
for deferment so that he might review the legal situation. It was 
so ordered. Mr. Conner commented that in his opinion it would be 
in the interest of the state, that when other parties contributed 
sites they should be returned when no longer needed. 



SANTA ROSA COUNTY - Power Line Easement. 

The Escambia River Electric Cooperative, Inc., requested an easement 
over and across 0.58 acre in Section 12, Township 3 North, Range 
27 West, and Section 7, Township 3 North, Range 26 West, Santa Rosa 
County, for a power line to serve two residences, traversing the 
Red Rock Picnic area and providing for future development of a 
park in the Blackwater River State Forest. 



8-11-70 



48 



The Division of Forestry, Department of Agriculture and Consumer 
Services, recommended approval. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted without 
objection, the Trustees authorized issuance of the easement. 



HIGHLANDS COUNTY - File No. 253.123-544, Dredge Permit. 
Kenneth M. Knox made application, prior to the adoption of the $50 
fee policy, for a dredge permit for a proposed navigation canal 
200 ft. long, 20 ft. wide and 3 ft. deep for access to Lake Huntley 
at Lake Placid, Florida, in Section 5, Township 37 South, Range 30 
East, Highlands County. 

The biological report was not adverse, and the canal would be on 
the applicant's upland property. 

On motion by Mr. Christian, seconded by Mr . Adams and Mr. Faircloth, 
adopted without objection, the Trustees approved issuance of the 
permit without charging the $50 fee. 



MARTIN COUNTY - File No. 253.123-383, Dredge Permit. 
Richard B. Dunning, represented by W. R. Scott, tendered the $50 
application fee for a dredge permit for maintenance dredging in North 
Fork St. Lucie River in Section 32, Township 37 South, Range 41 East, 
Martin County. The biological report was not adverse for the 
project 20 ft. long, 40 ft. wide and 6 ft. deep. 

On motion by Mr. Faircloth, seconded by Mr. Christian and adopted 
without objection, the Trustees approved issuance of the permit for 
maintenance dredging. 



POLICY FOR DOCK PERMITS. 
On July 14 the Board had discussed the various permits for docking 
facilities and asked the Director to review the current policy and 
suggest revisions, particularly with respect to large apartments or 
condominiums . 

The present policy provided for three classes of authorization: 
(1) annual licenses for marinas, charter boat docks and other commer- 
cial mooring that severed sovereignty land and the water column from 
free, unobstructed and unlimited public use, with license issued 
after approval by the Board and receipt of the first annual payment 
of no less than 2£ per year for each square foot of sovereignty land 
severed from public use; (2) commercial dock permits for other 
commercial operations such as docks for tenants of hotels, motels, 
apartments and condominiums, wharfs, piers and other structures of 
a commercial nature as well as docks for the use of clubs and organi- 
zations, with a flat $100 one-time payment for the permit; and 
(3) private dock permits issued by the staff for a flat $10 one-time 
fee. 

The Director had prepared three alternatives for consideration, the 
first being to combine (1) and (2) and apply the marina license 
concept to all commercial docks, so that all docks except those to 
be used exclusively by the owner, his family and occasional guests, 
would be subject to the annual licensing procedure outlined in number 
one above . 

The staff proposed that all existing structures would be "grand- 
fathered." Any modifications to existing structures would be subject 
to a permit. These permits would apply to piers, defined as a 



8-11-70 



49 



structure extending from the solid land out into the water, affording 
convenient passage for persons and cargo to and from vessels moored 
along the sides of such structures and to wharfs, defined as a 
structure on the margin of navigable waters along which vessels can 
be brought to be loaded or unloaded, and docks, being defined as a 
slip or waterway extending between two piers or projecting wharfs 
for reception of vessels. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted 
without objection, that the policy with respect to dock permits be 
changed to provide for only tw^ classes of permits and licenses, 
the first to combine (1) and (2) above, applying the marina license 
concept to all commercial docks which would be subject to an annual 
licensing procedure with license to be issued after the Board's 
approval and receipt of first annual payment which shall be no less 
than 2C per year for each square foot of sovereignty land severed 
from public use; and the second class of permit to be for private 
docks used exclusively by the owner, his family, and occasionally 
by guests, with the permit to be issued by the staff upon submission 
of a drawing of the proposed structure, the consent of adjoining 
property owners, and payment of a $10 fee. 

Mr. Adams suggested further consideration regarding the "grandfather 
clause." He pointed out that under the new policy monies would be 
engendered that might be used to finance rejuvenation of ecological 
resources. 



PALM BEACH COUNTY - Marina License. 

Old Port Cove Condominiums of Palm Beach, Florida, represented by 
Joe Jacobs, applied for a marina license to construct and operate 
a marina in Lake Worth in conjunction with the condominium units 
in the Village of North Palm Beach in Section 9, Township 42 South, 
Range 43 East, Palm Beach County. 

The marina will occupy two sites presently encumbered with 
maintenance spoil easements granted by the Trustees to the Florida 
Inland Navigation District. The District in turn conveyed its 
interest in the spoil easements to the United States. A petition 
for release of MSA 625-B and MSA 626-B was submitted to the District 
which by resolution on November 14, 1969, recommended release of 
the easements. 

By letter of August 4, 1970, the Chief, Engineering Division of 
Jacksonville District Engineer, offered no objection to an exchange 
of spoil areas provided the plan is approved by appropriate state 
and federal agencies. 

The minimum yearly license fee for the two areas embracing a total 
of 573,055 square feet, would be $11,461.10. Staff recommended 
approval under certain conditions. 

On motion by Mr. Faircloth, seconded by Mr. Christian and adopted 
without objection, the Trustees approved a marina license condi- 
tioned upon the applicant securing approval of appropriate state 
and federal agencies of any alternate maintenance spoil area that 
may be necessary, the effective date of the license to coincide 
with the date of release of the spoil areas by the United States 
Corps of Engineers. 



BROWARD COUNTY - Artificial Reef Permit No. 2329, 
Section 253.03 Florida Statutes. 
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted 



5-11-70 



50 



without objection, the Trustees granted two-year extension of the 
permit approved on April 30, 1968, to Broward Artificial Reef, Inc, 
for installation of a series of artificial reefs in the Atlantic 
Ocean 1,800 yards offshore from and parallel to Fort Lauderdale 
beaches. All of the reefs originally proposed had not been 
installed. 



WAKULLA COUNTY - Dredge Permit for Navigation, and Dock Permit. 
On motion by Mr. Conner, seconded by Mr. Faircloth and Mr. Adams 
and adopted without objection, the Trustees approved the request 
from Olin Corporation of St. Marks, Florida, for the following: 

1. Dredge permit under Section 253.123 F. S. to improve navigation 
in the Wakulla River at St. Marks, Florida, by dredging a 
channel 300 ft. long, 50 ft. wide and 4 ft. deep. Application 
filed prior to the adoption of $50 application fee policy. 
Biological report was not adverse. 

2. Commercial dock permit to construct an employees' recreational 
dock in the Wakulla River adjacent to the applicant's upland 
property in Section 33, Township 3 South, Range 1 East, Wakulla 
County. $100 processing fee was submitted by applicant. 



LEASE INCOME REPORT - The Trustees accepted for the record the 
following report of remittances to Florida Department of Natural 
Resources from holders of dead shell leases: 

Lease No. 1718 * Radcliff Materials, Inc. $4,457.90 
Lease No. 2233 Bay Dredging & Construction Co. 4,451.29 



TRUSTEES OFFICE - The Director requested authorization from the 
Board to request the establishment of thirty new positions, to 
increase the staff particularly in the Field Operations Division 
in view of the Board's request and the Governor's memorandum. Mr. 
Apthorp said the staff had been at its present number for six months 
and review of the work showed that during the period about one 
hundred matters needing survey and field inspection had accumulated. 

Motion was made by Mr. Christian, seconded by Mr. Faircloth, that 
the request for additional staffing be approved. 

Mr. Adams was in favor of adding four complete survey teams rather 
than the two proposed under field operations. 

Mr. Conner asked for postponement so that he could study the request 
in view of the large number of new positions at a cost of about 
$300,000 without legislative authority. He suggested that help 
might be obtained from other agencies. The Governor was in favor 
of increasing the staff. Mr. Adams pointed out that the Board had 
asked the Director to do this, that it was not enough when it 
concerned every lake and the entire shore line of Florida and the 
Legislature had told the agency to operate from money it generated 
to manage all the areas under its jurisdiction. Mr. Christian 
explained that his motion was for the positions requested by the 
Director and if additional ones were needed they could be requested 
later. 

The motion authorizing the establishment of the thirty new posi- 
tions made by Mr. Christian, seconded by Mr. Faircloth, was adopted 
on the following vote: Ayes, Messrs. Christian, Faircloth, Adams 
and Governor Kirk; Nays, Messrs. Conner and Dickinson. Mr. Williams 
was not present. 



8-11-70 



51 



TRUSTEES OFFICE - On motion by Mr. Adams, seconded by Mr. Faircloth 
and adopted without objection, the Trustees authorized the Director 
to retain the firm of Holland and' Knight in Tampa, and specifically 
Mr. Henry M. Kittleson of that firm, as outside special counsel to 
review the situation in Collier County and work on the many land 
title questions. 

Also, the Director advised that Mr. Neal p. Rutledge, who had been 
representing the Board in the Coastal Petroleum litigation, would 
be teaching law out of the state in the fall; therefore, other 
counsel was recommended. 



On motion by Mr. Faircloth, seconded by Mr. Adams and adopted 
without objection, the Trustees authorized the Director to retain 
the firm of Robert J. Beckham and Tom W. McAliley, Jr. 



On motion duly adopted, the meeting was a 



ATTEST: 




Tallahassee, Florida 
August 18, 1970 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met in Senate Hearing Room 31 in the Capitol, 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 



James w. Apthorp 



Executive Director 



On motion adopted without objection, the Board approved the 
minutes of the meeting of August 4, 1970. 



MONROE COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
The Board of County Commissioners of Monroe County by Resolution 
No. 29-1970 adopted on April 28, 1970, established a bulkhead line 
along the right of way line of State Road No. 5 (U. S. No. 1) 
between Stock Island and Boca Chica in Sections 25 and 26, Township 
67 South, Range 25 East, and in Section 30, Township 67 South, 
Range 26 East, Monroe County. Staff recommended approval, as 
four - laning of the highway was needed. 



8-18-70 



52 



The biological survey report by the Department of Natural Resources 
stated that filling of the area within the proposed bulkhead line 
would have adverse effects on marine life in that and surrounding 
areas . 

Motion was made by Mr. Williams, seconded by Mr. Adams and adopted 
without objection, that the Board approve the bulkhead line established 
by Monroe county in connection with improvement of the highway. 



PALM BEACH COUNTY - File Nos . 2310 and 2311-50-253.12. 
The Trustees deferred consideration of the following applications 
to purchase parcels of sovereignty land in Lake Worth, in the Town 
of Lantana, that were advertised for sale on this date: 

File No. 2310-30-253.12 - Application of Paul Maddock 

for 0.123 acre 
File No. 2311-50-253.12 - Application of William E. Benjamin II 

for 0.412 acre 

for the reason that additional time was needed for the staff appraiser 
to review the appraisals. 



GLADES COUNTY - Lease No. 1694. 

Request was made for assignment of Grazing Lease No. 1694 expiring 
in January 1972 covering 22.1 acres in Glades County, from W. E. 
Perry to Ellie H. Yaun. Executed copy of assignment was filed and 
staff legal counsel approved the request. However, information had 
been received after preparation of the agenda that about eleven acres 
was being used for growing sugarcane. The Director requested defer- 
ment for further information, pointing out that with additional field 
men leased lands could be inspected more often. 

Mr. Christian suggested cancellation of the lease as the Board could 
probably get more than one dollar per acre if the land could be 
used for other than grazing purposes. 

Mr. Adams said that a more adequate field force could find out such 
things, that in the past the staff in many instances had only the 
information in the applications and no field men to make regular 
inspections. Mr. Apthorp added that the Trustees' appraiser, 
employed last fall, had been reviewing leases and sale prices. 

The request for lease assignment was deferred. 



PALM BEACH COUNTY - File No. 2339-50-253.12, Application for 

Advertisement of Proposed Land Sale. 
Mayfran, Inc., represented by Brockway, Owen and Anderson Engineers, 
applied to purchase a parcel of sovereignty land in Lake Worth 
abutting Section 11, Township 44 South, Range "43 East, in the Town 
of Palm Beach, Palm Beach County, containing 0.698 acre, at the 
appraised value. 

The parcel was landward of the established bulkhead line, the Area 
Planning Board of Palm Beach County had no objection to sale, and 
the Town of Palm Beach endorsed sale and filling of the area. 

The application claimed that the sale for private residential 
purposes would be in the public interest as the parcel lying between 
two existing seawalls was a debris-collecting pocket and a haven 
for water ra^s. The staff recommended advertisement. 



8-18-70 



53 



The biological report was adverse, showing that mangroves on the 
subject parcel had been destroyed which lessened the productivity 
of the area. Mr. Adams commented on this report, and recommended 
no action until checking the possibility of trespass on state land. 

"without objection, the Board deferred action pending further 
investigation by the staff. 



DADE COUNTY - Dredge and Fill Permits, Sections 253.124 and 253.123 

Florida Statutes, File No. 203. 
Saul J. Morgan and Norman Cohen, represented by Richard P. Kenney, 
requested amendment of the dredge permit authorized by the Board 
on February 18, 1969, for removal of 522.500 cubic yards from the 
southern part of Dumfoundling Bay in Section 10, Township 52 South, 
Range 42 East, Dade County, to be dredged to a depth of 15 feet 
mean low water. Applicant paid $52,250 for the fill material. 

The applicant now asked for permission to remove an additional 
677,500 cubic yards from the same location to a depth of 30 feet 
m.l.w. and tendered $67,750 in payment. Applicant had a valid Corps 
of Engineers permit and submitted an affidavit from the dredging 
company showing that as of August 10, 1970, 346,478 cubic yards 
had been removed from the authorized dredge area. At the completion 
of the project, applicant will submit another affidavit as to the 
final quantity of material removed and if the authorized yardage 
is exceeded payment for the overdredge material will be made at the 
standard rate of 10£ per cubic yard. 

The dredged material will be placed on land heretofore conveyed. 
The biological report prepared for the initial permit was adverse. 
The Director said the applicant had intended to take some material 
from the upland but found it was not suitable for use, and that the 
depth indicated no damage as areas nearby had been dredged to fifty 
or sixty foot depths. Metropolitan-Dade filed letter of no 
objection. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, the Trustees approved amendment of the dredge 
permit as requested. 



LEE COUNTY - Dredge Permit to Improve Navigation, File 253.123-605. 
Caloosa Bayview Corporation, represented by Duane Hall and Asso- 
ciates, requested a permit for dredging an access channel in the 
Caloosahatchee River at Negro He-ad in Section 16, Township 45 South, 
Range 24 East, Lee County, 700 feet long, 50 feet wide and 5 feet 
deep mean low water . 

The biological survey report cited limited adverse effects and 
some objections to the project had been filed. Objectors were 
notified of consideration of the application on this date. 

Staff recommended approval subject to the spoil area being adequately 
diked to prevent silt and run-off from entering the river. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, the Trustees authorized issuance of the permit 
subject to the provisions recommended by the staff. 



MADISON COUNTY - Dredge Permit for Bridge Construction, 

File No. 253.123-606. 
Soule Construction Company of Pensacola, Florida, made application 



8-18-70 



54 



for a dredge permit for two areas to be blasted 40 feet long, 22 feet 
wide and 9 feet deep in the Suwannee River in Section 35, Township 
1 South, Range 11 East, Madison County, for a bridge to be constructed 
for the Department of Transportation. 

The biological survey report was not adverse and the Division of 
Interior Resources of the Department of Natural Resources had no 
objection to the proposed work. 

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



MANATEE COUNTY - Dredge Permit to Improve Navigation, 

File No. 253.123-618. 
The City of Palmetto applied for a dredge permit for improving 
navigation in the Manatee River in Section 23, Township 34 South, 
Range 17 East, Manatee County. The project area will be 700 feet 
long, 50 feet wide and 5 feet deep, with the spoil material to be 
placed on city-owned uplands. The biological survey report cited 
limited adverse effects. 

A resolution from the City Council of Palmetto requested waiver 
of the $50 processing fee. 

On motion by Mr. Williams, seconded by Mr. Christian and adopted 
witnout objection, the Trustees authorized issuance of the permit 
at no charge. 



MONROE COUNTY - Dredge Permit to improve Navigation, 
File No. 253.03-167. 
On August 4, 1970, the Trustees deferred action on the request from 
R. E. Scharf, represented by Joe M. Trice, for a permit to dredge 
a navigation channel 1,300 ft. long, 50 ft. wide top cut, 5 ft. deep 
m.l.w., in Hawk Channel adjacent to Section 27, Township 67 South, 
Range 26 East, Monroe County. 

The quantity to be removed will be calculated by the engineer. The 
applicant offered to purchase all the material and deposited 
$1,300 on account. Mr. Adams said that apparently the application 
did involve more than navigation, that some fill material was needed 
since the applicant agreed to pay for the material. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, the Trustees approved issuance of the dredge 
permit subject to receipt of payment for the dredged material. 



PASCO COUNTY - Fill Permit Time Extension, Section 253.124 F. S., 

File No. 2006-51. 
On March 12, 1968, the Trustees approved a fill permit to J. D. Brown 
to fill 77.77 acres of submerged land previously conveyed under Deed 
No. 24677. Applicant completed about two-thirds of the project, 
completely diked the area, and requested a nine-month extension of 
the fill permit. The expiration date will coincide with the permit 
from the U. S. Corps of Engineers. 

On motion by Mr. Conner, seconded by Mr. Christian and adopted 
without objection, the Trustees extended the expiration date of the 
fill permit to December 31, 1971. 



8-18-70 



55 



PINELLAS COUNTY - Dredge Permit, Section 253.123, File 134; 

Fill Permit, Section 253.124. 
Subject to the Trustees' approval, Pinellas County Water and Naviga- 
tion Control Authority issued Permit No. DF-268 to Rebma Florida, 
Incorporated, to dredge, fill and seawall in Boca Ciega Bay in 
Section 25, Township 31 South, Range 15 East, Pinellas County. All 
dragline work would be on submerged land in private ownership, 
seawalls constructed and 30,000 cubic yards of material removed 
from the channels used as backfill. 

The biological survey report was partially adverse. 

On motion by Mr. Christian, seconded by Mr. Williams and adopted 
without objection, the Trustees authorized issuance of the dredge 
permit and approved the fill permit subject to inclusion in the 
permit of recommendations contained in the biological report. 



PINELLAS COUNTY - Dredge Permit, File No. 253.123-629; 

Fill Permit, File No. 253.124-135. 
Subject to Trustees' approval, Pinellas County Water and Navigation 
Control Authority issued Permit No. DF-263 to Harvern Enterprises, 
Incorporated, for dredging 30,000 cubic yards of material in Boca 
Ciega Bay in Section 31, Township 31 South, Range 16 East, to fill 
approximately 3.0 acres of privately-owned land. The project 
dimensions were 2,100 ft. long, 80 ft. wide and 10 ft. deep, and 
all dragline work would be on submerged land in private ownership. 

The biological survey report was not adverse. The project had 
been modified to comply with recommendations contained in the 
report. 

On motion by Mr. Williams, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized issuance of the dredge 
permit and approved the fill permit to Harvern Enterprises, Inc. 



PINELLAS COUNTY - Dredge Permit, File No. 253.123-633. 
Subject to Trustees'' approval, Pinellas County Water and Navigation 
Control Authority issued Dredge Only Permit No. DO-189 to Belleview 
Biltmore Hotel for maintenance dredging in Clearwater Harbor in 
Sections 20 and 29, Township 29 South, Range 15 East, Pinellas 
County. $50 application fee was tendered for the project 2,300 ft. 
long, 100 ft. wide and minus-8 ft. deep m.l.w., which would be an 
extension of work authorized by the Board on December 2, 1969. 

The biological survey report was not adverse, but objections were 
filed by Suncoast Active Volunteers for Ecology (SAVE) . 

Staff recommended approval subject to certain conditions, receipt 
of certified estimate of yardage, and payment for the material. 
The application involved removal of 4,060 cubic yards of material. 
Mr. Adams questionad whether all the dredging previously done had 
been properly permitted and mentioned purchase of property by 
United States Steel, former ownership of an island by Ed Wright, 
and court action removing a bulkhead line. If the application 
was part of the large project, Mr. Adams said the applicant should 
make the overall development plans available for review. The 
Director explained that the permit was for access into a boat 
basin at the hotel, the applicant had a Corps permit, the material 
was to be placed in a previously designated and diked disposal 
area. The proposed U. S. Steel project involving Sand Key was to 
be altered radically in order to get the necessary approvals, and 



8-18-70 



56 



was across the Intracoastal Waterway from this site in Clearwater 
Mr. Adams and Mr. Christian requested deferment, having received 
communications indicating the need for additional information. 

Without objection, action was deferred. 



SANTA ROSA COUNTY - Dredge Permit to Improve Navigation, 

File No. 253.123-542. 
Barba Investment Company applied, prior to the adoption of the $50 
application fee policy, for a dredge permit for a navigation channel 
in Santa Rosa Sound 150 ft. long, 50 ft. wide and 5 ft. deep m.l.w. 
in Section 32, Township 2 South, Range 28 West, Santa Rosa County. 

The project v^ould be a continuation of work authorized by the Board 
on February 25, 1969, under Permit No. 253.123-191. With respect 
to the initial application the biological report was adverse. Appli- 
cant modified his plan in part to conform to recommendations in the 
report . 

On motion by Mr. Christian, adopted without objection, the Board 
approved issuance of the dredge permit. 



COLLIER COUNTY - Secretary of State Tom Adams said that although 
parties present on August 4 had professed a desire to cooperate 
completely with the Trustees pending the resolving of land title 
and dredge violation questions in Collier County, he had informa- 
tion that collier County had issued certain permits for work that 
indicated a lack of cooperation and some action should be taken. 

The Director reported that Mr. Henry Kittleson, special attorney 
employed last week, was reviewing a great deal of information and 
would meet with the staff this week. 

Governor Kirk said they should be certain there was cooperation 
and other members of the Board were kept informed. 



SUBJECTS UNDER CHAPTER 18296 

REFUNDS - On motion by Mr . Conner, seconded by Mr. Christian and 
adopted without objection, the Trustees authorized refunds of $15 
to each of the following applicants for the reason that the 
Department of Transportation did not recommend release of the 
state road right of way reservations contained in the Murphy Act 
deeds listed below: 

Applicants Murphy Act Deeds 

W. J. Vaughn Brevard County Deed No. 109 

C. John Coniglio Citrus County Deed No. 236 

Mid-South Properties, Inc. Franklin County Deed No. 323 
Roy Christopher Lake County Deed No. 2706 

Berrien Becks, Jr. Volusia County Deed No. 3389 



The Cabinet decided not to meet on September 8, as those who might 
need to appear would find it inconvenient on election day. 



On motion duly adopted, the meeting was adjourned. 



8-18-70 



ATTEST: 




Tallahassee, Florida 
August 25, 1970 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met in Senate Hearing Room 31 in the Capitol, with the 
following members present: 



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



James W. Ap thorp 



Jr 



Governor 

Secretary of State 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Executive Director 



On motion duly adopted, the Board approved the minutes of the 
meeting of August 11, 1970. 



DADE COUNTY - Bulkhead Line. 

Because of late objections received by the staff, the Director 
requested deferment of consideration of a bulkhead line set by the 
City of Miami at Dinner Key in Biscayne Bay in Section 22, Township 
54 South, Range 41 East, Dade County. The areas inside the pro- 
posed bulkhead line would be used as spoil disposal areas for 
dredging of the Dinner Key Marina. 

Secretary of State Tom Adams said he had questions, also, particu- 
larly with respect to construction of additional spoil areas. The 
Director said the staff would confer with Mr. M. L. Reese, City 
Manager of Miami, who was here on this date. 

Without objection, the Trustees deferred action on the bulkhead line 



PALM BEACH COUNTY - File No. 2310-50-253.12, Land Sale. 
On June 9 the Trustees authorized advertisement for objections 
only pursuant to application from Paul Maddock for purchase of a 
parcel of sovereignty land in Lake Worth abutting Government Lot 
6 in Section 3, Township 45 South, Range 43 East, containing 0.123 
acre, more or less, in the Town of Lantana, Palm Beach County. 
Applicant offered the appraised value of $450 for the parcel to be 
used to construct a seawall and backfill, which would prevent 
erosion of uplands and would straighten the shoreline. 

The narrow strip of submerged land was sandy and unvegetated and 
the biological report indicated no significant adverse effects on 



8-25-70 



58 



marine resources from the small fill project. The Area Planning 
Board of palm Beach County and the Town of Lantana had no objection 
to the sale. The parcel did not extend to the established bulkhead 
line, and at maximum extended only twenty-five feet from the 
present shoreline. The staff recommended sale in the public 
interest. The parcel was advertised and no objection was received 
to the sale . 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted without 
objection, the Trustees confirmed sale of the advertised parcel at 
the appraised value, the applicant to pay the appraisal costs. 



PALM BEACH COUNTY - File No. 2311-50-253.12, Land Sale. 
On June 9 the Trustees authorized advertisement for objections only 
pursuant to application from William E. Benjamin II of Palm Beach, 
Florida, for purchase of a parcel of sovereignty land in Lake Worth 
abutting Government Lot 6 in Section 3, Township 45 South, Range 43 
East, 0.412 acre in the Town of Lantana, Palm Beach County. Appli- 
cant offered the appraised value of $1,450 for the parcel to be 
used to construct a seawall and backfill, which would prevent 
erosion of uplands and straighten the shoreline. 

The biological survey report stated that the narrow strip of 
submerged land was sandy, unvegetated, and filling should not have 
significant adverse effects on marine biological resources. The 
Area Planning Board of Palm Beach County and the Town of Lantana had 
no objection to the sale. Staff was of the opinion that the sale 
would be in the public interest. The parcel did not extend out to 
the established bulkhead line and at maximum extended only 25 feet 
from the present shoreline. The parcel was advertised and no 
objection received to the sale. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees confirmed sale of the advertised 
parcel at the appraised value, the applicant to pay the appraisal 
costs . 



DADE COUNTY - File No. 2364-13-253.03, Dedication. 
The City of Miami by Resolution No. 41563 adopted May 13, 1970, 
requested dedication of a parcel of sovereignty land embracing 
0.092 acre in Biscayne Bay abutting Section 39, Township 54 South, 
Range 41 East, City of Miami, Dade County. The city proposed to 
construct a seawall and fill the parcel which was landward of the 
established bulkhead line as confirmed by the Interagency Advisory 
Committee and at the terminus of Southeast 15th Road abutting a 
parcel recently conveyed by the Trustees. 

A biological survey report was not adverse. The staff was of the 
opinion that dedication was in the public interest, as it would 
prevent a pocket and create a smooth shoreline. 

On motion by Mr. Dickinson, seconded by Mr. Williams and adopted 
without objection, the Trustees authorized the parcel to be 
advertised for objections only. 



MONROE COUNTY - File No. 2352-44-253.12(6), Quitclaim Deed. 
Noah H. Swayne of Islamorada, Florida, applied for quitclaim deed 
to two parcels of filled sovereignty land embracing 0.12 acre in 
the Straits of Florida abutting Section 24, Township 63 South, 
Range 37 East, and Section 19, Township 63 South, Range 28 East, 
Plantation Key, Monroe County. The land was appraised at $2,082 



8-2 5-70 



59 



per acre or $250 for the two parcels. 

Staff recommended issuance of quitclaim deed in compliance with 
Section 253.12(6) Florida Statutes, at the appraised value, the 
applicant to pay the $100 processing fee and appraisal costs. 

On motion by Mr. Williams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees accepted the staff recommendation, 



BREVARD COUNTY - File No. 2320-05-253.03, Easement. 

Canaveral Port Authority represented by Edward M. Jackson, requested 
perpetual easement embracing 16.18 acres in the Atlantic Ocean for 
installation of a trestle to accommodate a sand transfer plant in 
Section 12, Township 24 South, Range 37 East, Brevard County, to 
pump sand from the north side of the channel entrance into Canaveral 
Harbor, to a spoil area heretofore granted by the Board on April 
14, 1970. 

On motion by Mr. Dickinson, seconded by Mr. Williams and adopted 
without objection, the Trustees granted the perpetual easement 
requested . 



BREVARD COUNTY - File No. 23775(790-05), Dredge and Fill Permit 

Applications . 
Edward Shablowski, represented by the law firm of Storms, Pappas 
and Krasny, had applied for a dredge permit and approval of a fill 
permit that the Trustees denied on July 14, re-agendaed on August 4 
because of failure to notify the applicant, and deferred at the 
request of the applicant until this date. The City of Melbourne 
on August 29, 1969, issued dredge and fill permit to dredge 17,035 
cubic yards of material from the Indian River to be deposited on 
1.76 acres of submerged land purchased from the Trustees on Novem- 
ber 6, 1963. 

In compliance with policies adopted en July 1, 1969, the applica- 
tion had been held pending action by the city of Melbourne to review 
and relocate bulkhead lines pursuant to the recommendations of the 
Interagency Advisory Committee and policy adopted by the Trustees 
on December 31, 1968. On July 14 the matter was on the agenda for 
consideration under the hardship provisions of the July 1 policy. 

The biological survey report of March 24, 1969, stated that the 
"project would have definite adverse effects on marine life." 

Staff recommended that the dredge permit be denied and the fill 
permit deferred until the City of Melbourne relocated bulkhead 
lines in accordance with Interagency Advisory Committee 
recommendations. Mr. Apthorp advised the members that the City of 
Melbourne had been contacted and replied that they did not intent 
to relocate bulkhead lines at this time. in any event, the staff 
did not recommend approval of the dredge permit to take material 
from the large dredging area indicated on the application. He said 
there were areas where no submerged land had been sold and the city 
had not taken action in those areas, that the city would not be 
required to relocate the line at the Shablowski property. 

Mr. Elting L. Storms reviewed some background facts to show that 
this was a hardship on his client, that other sales had been made 
and the submerged land filled in the area, that the city had held 
hearings at which no one spoke in favor of relocating the lines 
and the city made no decision to change the lines which would be 
an engineering expense, that the biological report was not so 



8-25-70 



60 



adverse as to be contrary to the public interest. He called attention 
to the July 1 policy statement that where the Trustees had approved 
bulkhead lines prior to and inconsistent to the Interagency reports 
and submerged land had been sold to such lines, action should not 
be taken at this time to require relocation of the bulkhead lines. 
His client was caught in the crossfire, he said, between the city 
and the Trustees trying to compel change of the lines. He urged 
approval of the public applications, as not to allow Mr. Shablowski 
to use that land would be a taking without compensation, he said. 

Mr. Dickinson made a motion, seconded by Mr. Williams, that the 
application be approved. 

Mr. Adams recalled that the Board had held up applications in other 
areas until the county or city officials were willing to comply with 
the Interagency report based on recommendations of the ecologists 
and biologists for preservation of coastal areas. He said there was 
no disagreement on the facts of this case, that any change in bulk- 
head lines had to emanate from the local level and this was the only 
lever the Board could utilize effectively, that by not acting the 
city was penalizing this application, and the Board had taken a 
strong position on this policy. 

Mr. Dickinson made a motion that the Board waive its policy as an 
aggrieved citizen was entitled to relief. But he thought the city 
should take action to move the bulkhead lines. 

Mr. Adams made a substitute motion that the application be denied 
as recommended by the staff (dredge permit denied and fill permit 
deferred) , and Governor Kirk agreed, noting that the applicant 
would get relief as soon as the city acted and it might be possible 
for the matter to be reagendaed next week in that case. Messrs. 
Christian and Dickinson voted against the substitute motion. 

Mr. Conner raised questions regarding the authority of the local 
governing board as against the recommendations of the Interagency 
Advisory Committee on changing bulkhead lines. He agreed to vote 
for the substitute motion, to let the city have another opportunity 
to change its mind about relocating the bulkhead lines. Mr .Williams 
suggested that a staff member attend a city hearing to explain the 
Board's position. Mr. Apthorp pointed out that relocation did not 
have to be actually completed but that the city should make some 
progress toward the recommendations of the Interagency report that 
the Board of Trustees had adopted as criteria. 

The action of the Board was to sustain the staff recommendation to 
deny the dredge permit and defer action on fill permit. The 
Governor expressed it as technical deferment, and he hoped the city 
would show good faith by reviewing the bulkhead lines. 



BROWARD COUNTY - File No. 253.123-587, 

Dredge Permit to Improve Navigation. 
Port Everglades Authority applied for a dredge permit for a channel 
15 ft. deep, 100 ft. wide and 600 ft. long parallel to and adjoining 
the old F. E. C. canal, and to dredge from Intracoastal Waterway to 
minus-36 ft. deep by 425 ft. wide and 600 ft. long. The material 
removed would be placed on uplands owned by the Authority. 

The biological report was not adverse, noting that it was a heavily 
industrialized port area. 



8-25-70 



61 



On July 28 after a lengthy hearing the Board -deferred action for 
additional reports. The Bureau of Beaches and Shores subsequently 
advised that the dredge material would not be suitable for beach 
nourishment purposes. The Executive Director of the Department of 
Natural Resources advised that the proposed work would not have any 
material adverse effect upon the Broward County park; however, it 
was indicated that the spoil site would be suitable for incorpora- 
tion into the county park system. In view of the additional reports, 
the Trustees' staff renewed its recommendation for approval of the 
dredge permit. 

Mr. Linwood Cabot, attorney for the Authority, considered this a 
routine request for a dredge permit to improve navigation, and land 
use and zoning matters should not be before the Cabinet. He said 
that the Authority-owned parcel proposed to be leased to Hydrospace 
Research Corporation was across the waterway from a shipyard, was 
no picnic or swimming area and not on the Atlantic Ocean, that a 
few years ago the authority tried to trade that very parcel to the 
county, that in 1966 the county favored use of the parcel by E.S.S.A. 
for oceanographic research but now opposed use by Hydrospace for 
oceanographic and pollution research under a contract with the 
United States. As for the tidal creek, the deepening and widening 
would aid in recreational use of whiskey Creek and the county land. 

Maps were examined and many questions asked by the Board. It was 
noted that the county property was east of the creek and on the 
ocean side, that a road separated it from the proposed spoil area, 
that county long-range plans indicated a desire to encompass land 
of the Port Authority. Mr. Adams asked if there was any difference 
in the activities of Hydrospace and Nova, the latter already in 
operation with county approval. The Governor said that after grant- 
ing the dredge permit the land use problem could still be solved 
on a local basis. 

Mr. Bob Whelan, Chairman of Broward County Commission, opposed 
issuance of the permit, would like to see Hydrospace in some other 
location in the county, and thought the best use of the subject 
parcel would be public recreation and Whiskey Creek was called the 
key to the recreation area. He said the county tried to purchase 
the parcel proposed to be leased, desired to acquire additional 
land now under litigation, that industry should be located on the 
west side of the waterway. He felt that approval of the dredge 
permit would activate the lease to Hydrospace for ten years with 
an option to renew, thereby interfering with the county long-range 
plans . 

Motion was made by Mr. Dickinson, seconded by Mr. Adams, that the 
Board approve issuance of the dredge permit to Port Everglades 
Authority. Governor Kirk voted in favor of the motion. Messrs. 
Christian, Williams and Conner voted in opposition. On this three 
to three vote, the motion failed and the permit was denied. 



DADE COUNTY - Dredge Permit, File No. 253.123-626. 
John Donnell Yachts, represented by John S. Bristol, applied for 
a dredge permit for a boat basin 160 ft. wide on upland in Section 
7, Township 52 South, Range 42 East, Dade County, and connection 
to Little River (Canal C-7) . The $50 application fee was tendered 
and 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 . 



5-25-70 



62 

OSCEOLA COUNTY - Lake Tohopekaliga . 

The Central and Southern Florida Flood Control District by Resolution 
No. 930 dated July 24, 1970, requested cooperation of the Board of 
Trustees in issuance of dredging permits to upland owners for naviga- 
tion and irrigation channels in Lake Tohopekaliga where the District 
and the Game and Fresh Water Fish Commission are involved in an 
experiment to drawdown the lake in an effort to oxidize nutrients 
in the lake. 

The staff would continue an investigation of fences placed on 
sovereignty bottoms in this lake. Mr. Apthorp said the drawdown 
period might be a good time for removal of the fences, and Governor 
Kirk suggested that the Division of Corrections could be of assistance 

On motion by Mr. Christian, seconded by Mr. Adams and adopted without 
objection, the Board approved the request of Central and Southern 
Florida Flood Control District. 



DADE COUNTY - Canal Right of Way. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted without 
objection, the Trustees authorized issuance of an easement for canal 
purposes to the Central and Southern Florida Flood Control District 
over the South 50 ft. of the S% of the SE% of Section 28, Township 
53 South, Range 40 East, Dade County. The easement would supersede 
canal easement No. 21755 over the South 100 ft. of Section 28 that 
had been determined excess to needs of the District and Dade County. 



HENDRY COUNTY - Oil Lease Assignments. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees approved assignments dated June 16, 
1970, of oil and gas drilling lease Nos. 2441-S and 2443 from Craig 
Castle to Exchange Oil and Gas Corporation, a Delaware corporation. 
Assignments and instruments of acceptance were filed and approved by 
legal counsel. 



ST. LUCIE COUNTY - Dock Permit, Section 253.03 F. S., File CD-1692, 
Estate Capital Development Corporation, represented by Arthur F. 
Wood, applied for an extension of six months to complete the 
construction of a dock under State Commercial Dock Permit No. 
CD-1692 adjacent to applicant's upland at Faber Cove in the Indian 
River in Section 1, Township 35 South, Range 40 East, St. Lucie 
County. 

On motion by Mr. Christian, seconded by Mr. Dickinson and adopted 
without objection, the Trustees granted the time extension. 



PALM BEACH COUNTY - Marina License. 

The Sailfish Club of Florida, represented by Gee and Jenson, applied 
for a marina license to expand an existing facility in Lake Worth 
adjacent to upland in Palm Beach in Section 3, Township 43 South, 
Range 43 East, Palm Beach County. The minimum yearly license fee 
for the area to be used would be $1,896.30. 

All dredged material would be placed behind a seawall reconstructed 
along the shoreline. The biological survey report was not adverse. 

On motion by Mr. Dickinson, seconded by Mr. Christian and Mr. 
Williams, the Board authorized issuance of the marina license. 



8-25-70 



63 



Mr. Adams asked what progress the staff was making in the investi- 
gation, that he wanted to support, of the U. S. Steel application 
for dredging in Pinellas County. He had information that areas 
under permit had been overdredged and hoped a master plan could be 
worked out. 



Also, Mr. Adams asked about the pending settlement of the Cape Coral 
overdredge case. 



The Director discussed these matters briefly and was instructed to 
bring in a staff recommendation on the Cape Coral settlement. 



On motion duly adopted, the meeting was 



ATTEST : 




Tallahassee, Florida 
September 1, 1970 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met in Senate Hearing Room 31 in the Capitol, 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. Ap thorp Executive Director 



Without objection, the minutes of August 18 were approved as 
submitted . 



COLLIER COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
The Board of County Commissioners of Collier County adopted a 
resolution on March 31, 1970, establishing a bulkhead line 2,604.84 
feet long near the intersection of the Marco River and Goodland 
Bay in Section 18, Township 52 South, Range 27 East, in Collier 
County. 

The biological survey report stated that "Filling to the limits of 
the proposed bulkhead line would have definite adverse effects on 
the marine biological resources in the subject area." 



9-1-70 



64 



The staff recommended denial of the line and suggested revision to 
coincide with the limits of proposed construction. The Department 
of Transportation had been notified that the bulkhead line would be 
considered on this date. 

On motion by Mr. Williams, seconded by Mr. Christian, the Trustees 
denied approval of the bulkhead line based on the adverse biological 
report and the staff recommendation. 



DADE COUNTY - Bulkhead Line; Dredge and Fill Permits. 
The City of Miami by resolution adopted July 1, 1970, established a 
bulkhead line at Dinner Key in Biscayne Bay in Section 22, Township 
54 South, Range 41 East, Dade County, enclosing areas to be used for 
disposal of spoil from the proposed dredging of the Dinner Key Marina 
facility. The project is to expand the yacht mooring facilities and 
improve navigation at the Dinner Key Yacht Basin. All the submerged 
land involved had been conveyed to the city. 

The project had been endorsed by the Coconut Grove Sailing Club, 
Marine Council of Greater Miami, Coconut Grove Chamber of Commerce, 
Fleet of the Country Club of Coral Gables, and Coconut Grove Exchange 
Club. 

The biological survey report from the Department of Natural Resources 
was not adverse as to dredging or filling within that portion desig- 
nated as Area No. 3; however, areas designated as 4a and 4B are 
vegetated with seagrass and dredging or filling those areas would 
have adverse effects on marine biological resources. 

Staff recommended approval of the bulkhead line encompassing the 
area designated as Area No. 3 and the dredge and fill permit, but 
recommended denial of bulkhead line and dredge and fill permit for 
4a and 4B areas. 

Mr. Adams asked about the three-foot elevation to which the spoil was 
proposed to be deposited. The Director explained that it was neces- 
sary in order to dispose of all the spoil in the designated spoil 
area. 

Without objection, the Trustees accepted the staff recommendation 
for approval of the bulkhead line for Area No. 3 and the dredge and 
fill permit for this area, and denied approval of the bulkhead line 
and permits for the areas designated as 4A and 4B based on the 
adverse biological report. 

Mr. M. L. Reese, City Manager of Miami, and Mr. Paul Andre' , 
president of Coconut Grove Chamber of Commerce, were present and 
urged approval of the complete plan. Operating under instructions 
from the city, Mr. Reese said he could not agree to exclusion of a 
portion of the plan without further explanation that the area was 
needed for mooring boats for the boating public. He said the city 
could secure another biological report that would not indicate too 
much damage to marine resources. Mr. Adams noted that about three- 
fourths of what the city asked for had been approved, but the Board 
could reopen the matter. 

Mr. Conner made a motion, seconded by Mr. Christian and adopted, 
that the Board reconsider the city's application, rescinding the 
previous vote. Mr. Reese was asked to furnish the additional 
information for reevaluation by the Board and Mr. Williams asked that 
the matter be reagendaed at a later date . 



9-1-70 



65 



Mr. Andre' asked that the proposed dredging be allowed to proceed 
under the first approval as a contract had been let and some prelim- 
inary work could be done on the part recommended for approval by the 
staff. Mr. Adams said that with the Area No. 3 portion cleared, 
which had been the first motion, the city could proceed to supply 
additional information for reevaluation of the remainder of the 
application. The city representatives agreed that this was the 
proper procedure. 

On motion by Mr. Faircloth, adopted without objection, the Board 
approved the bulkhead line encompassing the area designated as Area 
No. 3 and the dredge and fill permit for that area, withholding 
approval with respect to the area designated as 4A and 4b until a 
later date. 



ST. JOHNS COUNTY - File No. 2360-55-253.12, Land Sale and Permit. 
The Trustees on July 21, 1970, authorized advertisement of a parcel 
of sovereignty land in the St. Johns River lying between the estab- 
lished bulkhead line and Lot 5, Palamo Subdivision in Section 39, 
Township 6 South, Range 27 East, St. Johns County, applied for by 
J. Carver Harris who desired to construct a seawall and backfill to 
prevent damage to upland property and a dwelling. The 0.04 acre 
parcel was advertised in The Record, St. Augustine, Florida, and 
no objection to the sale was received. 

The biological report prepared for consideration of the bulkhead 
line was adverse. On May 12, 1970, the Trustees approved the 
bulkhead line, and staff recommended sale in the public interest 
because of the potential damage to the property if applicant is not 
allowed to restore an old wooden seawall and backfill under the 
dwelling. 

The applicant also requested approval of construction permit issued 
by the St. Johns County Commission on July 16, 1970, for rebuilding 
and backfilling a seawall to be located at the established bulkhead 
line. The biological report for this area had been adverse but 
staff recommended approval of the permit for construction in view 
of the necessity of rebuilding the existing shoreline and protect- 
ing the owner's dwelling. The improvements were constructed between 
fifteen and twenty years ago and it appears that such improvements 
were legally permissable under the provisions of Chapter 8537, 
Laws of 1921 (the Butler Act) . 

On motion by Mr. Williams, seconded by Mr. Faircloth and adopted 
without objection, the Trustees "confirmed sale at the $100 minimum 
price recommended by the staff appraiser, and approved construction 
permit under provisions of Section 253.124 Florida Statutes. 



ST. JOHNS COUNTY - File No. 2361-55-253.12, Land Sale and Permit. 
The Trustees on July 21, 1970, authorized advertisement of a parcel 
of sovereignty land in the St. Johns River lying between the estab- 
lished bulkhead line and Lot 4, Palamo Subdivision, containing 0.06 
acre, more or less, in Section 39, Township 6 South, Range 27 East, 
St. Johns County, applied for by Emilio D. Echevarria who desired 
to construct a seawall and backfill to protect his upland property 
and a dwelling. The proposed sale was advertised in The Record, 
St. Augustine, Florida, and no objection to the sale was received. 

The biological report prepared for consideration of the bulkhead 
line was adverse. On May 12, 1970, the Board approved the bulkhead 
line and staff recommended sale in the public interest because of 



9-1-70 



66 



the potential damage to property if the applicant is not allowed to 
restore an old wooden seawall and backfill under the dwelling. 

The applicant also requested approval of construction permit issued 
by the St. Johns County Commission on July 16, 1970, for rebuilding 
and backfilling a seawall at the established bulkhead line. The 
biological report for this area had been adverse, but the staff 
recommended approval of the permit for construction in view of the 
necessity of rebuilding the existing shoreline and protecting the 
owner's dwelling. The improvements were constructed between fifteen 
and twenty years ago and it appears such improvements were legally 
permissible under the provisions of Chapter 8537, Laws of 1921 (the 
Butler Act) . 

On motion by Mr. Williams, seconded by Mr. Fair cloth and adopted 
without objection, the Trustees confirmed sale at the $100 minimum 
price approved by the staff appraiser, and approved construction 
permit under provisions of Section 253.124 Florida Statutes. 



GLADES COUNTY - File No. 2365-22-253.36, Application to Advertise. 
Mr. Henry F. Seels had requested deferment of consideration of his 
application to purchase a parcel of reclaimed lake bottom land 
abutting State Lot 2 in Section 12, Township 40 South, Range 32 
East, containing 3.8 acres in Lake Okeechobee, Glades County. He 
could not be present on this date because of illness in his family. 

On motion by Mr. Conner, seconded by Mr. Christian and adopted 
without objection, the Trustees postponed consideration of the 
application. 



DADE COUNTY - File No. 2225-13-253.12, Application to Advertise. 
Paul L. E. Helliwell, Trustee, represented by Thomas B. DeWolf, 
applied to purchase 4.96 acres of sovereignty land in Biscayne Bay 
abutting Section 6, Township 55 South, Range 42 East, Key Biscayne, 
Dade County, for a residential subdivision. 

The biological report for this area at Mashta Point was adverse, 
stating that "while the submerged land proposed for purchase is 
not as well vegetated as those lands farther offshore, its sale 
and subsequent development would eliminate the marine habitat now 
occurring in the subject area." 

The parcel was landward of the bulkhead line approved by the Trustees 
on January 28, 1969. The applicant submitted letter from Dade 
County endorsing the sale in the public interest. Staff was of the 
opinion that the applicant did not submit sufficient reasons why 
the sale would be in the public interest, and recommended denial 
and deactivation of the file. 

On motion by Mr. Faircloth, adopted without objection, the Board 
accepted the staff recommendation for denial of the application. 



DUVAL COUNTY - Lease, Institution Land. 

The Division of Forestry, Department of Agriculture and Consumer 
Services, requested a lease of the former Highway Patrol Station 
site on U. S. Highway 90 west of Jacksonville in Section 21, Town- 
ship 2 South, Range 25 East, Duval county. The facility had been 
leased to the Department of Law Enforcement since 1968 when it was 
declared surplus to the Department of Public Safety, will be 
vacated and the lease terminated on September 15, and the Division 



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67 



of Forestry desired to use the location for a Division Office. 

On motion by Mr. Williams, seconded by Mr. Conner and adopted 
without objection, the Trustees authorized issuance of a lease to 
the Division of Forestry, Department of Agriculture and Consumer 
Services . 



ESCAMBIA AND SANTA ROSA COUNTIES - Oil and Gas Drilling Lease. 
On July 21 the Trustees ordered readvertisement for new bids on a 
five-year oil and gas drilling lease covering a portion of the 
Escambia River containing 205 acres, more or less. Earlier adver- 
tisement for bids resulted in one bid from Marshall R. Young Oil 
Company, which the Board on July 7 rejected. New bid invitation 
was published pursuant to law in the Tallahassee Democrat, Pensacola 
Journal and the Milton Press-Gazette, bids to be opened on this 
date. Successful bidder was required to pay all advertising costs 
and the Board reserved the right to reject any or all bids. 

The lease required $1 per year per acre annual rental, one-eighth 
royalty, $50,000 surety bond and at least one test well every 2% 
years of the lease term. An additional provision was that wells 
will not be drilled on the submerged leased areas without prior 
written consent of the Trustees, and in event of production on 
adjoining lands directional wells shall be drilled under the lease 
area. 

Mr. Apthorp reported one bid from Marshall R. Young Oil Company of 
$187,500, being one dollar per acre rent for the first year on the 
205 acres plus a bonus bid. Mr. Christian noted that the Board 
received $10,000 more than the first bid rejected in July. 

Motion was made by Mr. Christian, seconded by Mr. Williams, that 
the bid be accepted. 

Mr. Martin Northrup, assistant director of Florida Audubon Society, 
opposed the lease and requested a moratorium on all oil leasing 
until better environmental safeguards are adopted. He thought 
leasing the river bed might be a bad precedent. Mr. Adams said 
any wells would be drilled on upland, the bid was from the only 
eligible bidder, the surrounding uplands were in private ownership 
under lease with exploration already in progress. The Board had 
tried to follow every safeguard, no offshore wells were being 
drilled and conservation areas were being withheld from oil explora- 
tion, and the Board should receive credit for these efforts. 

Without objection, the Board adopted the motion by Mr. Christian 
to accept the bid of Marshall R. Young Oil Company and issue oil 
and gas drilling lease. 



MANATEE COUNTY - File Nos . 253.123-561 and 253.124-126. 
The application of N. J. Cowart, Trustee, and C. H. Wooten for 
dredge and fill permits was deferred at the request of the appli- 
cants. 



MONROE COUNTY - Campsite Lease for Private Use. 

On motion by Mr. Faircloth, seconded by Mr. Christian and adopted 
without objection, the Trustees approved application of John M. 
Koenig for a private campsite lease near Man Key in the Gulf of 
Mexico of a 1-acre site at annual rental of $100 for one-year lease 
with option to renew for four additional years, in accordance with 
the policy adopted April 7, 1970, which stated, in part, "Require 



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68 



all structures in existence to be under lease for so long as the 
structure remains in existence." 



MONROE COUNTY - Dredge and Fill Permit, Section 253.03. 
The Director requested deferment of the application from M. D. 
Siderius for a permit to dredge a navigation channel, for the reason 
that the staff had not been able to get in touch with the applicant 
with respect to questions raised by members of the Board. 

Mr. Adams brought up again questions regarding dredging of many- 
navigation channels and whether the Board should make a charge for 
the material removed from state submerged land, which might be 
used to make dry land out of wet land. 

Without objection, the Board deferred consideration of the applica- 
tion.. 



MONROE COUNTY - File No. 253.03-212, Fill Permit. 

The Department of Transportation applied for a fill permit covering 
approximately 1.5 acres in Boca Chica Channel in Section 25, Town- 
ship 67 South, Range 25 East, and Section 30, Township 67 South, 
Range 26 East, Monroe County, in connection with bridge and 
approaches on State Road 5. 

The biological report was adverse; however, the Department of Natural 
Resources stated that there was no reasonable alternative to filling 
alongside the existing roadway to accommodate the four-laning of 
U. S. 1, and therefore removed objection to the filling. The staff 
recommended approval. 

Mr. Adams inquired about the kind of structure and whether it would 
restrict the flow of water in Boca Chica Channel. He said it was 
tragic that while the Trustees were concerned with trying to 
conserve the environment there are other agencies whose projects 
destroyed the environment - noting that Department of Transportation 
structures often created problems. He asked for opportunity to 
look at the plans for the subject structure and deferment until 
there was a decision on where the fill material would come from for 
widening the bridge and approaches at Boca Chica Channel. Mr. 
Apthorp advised that no more restriction of the water flow was 
anticipated than from the original bridge. 

Mr. Faircloth agreed with Mr. Adams on this matter. Mr. Christian 
asked if the Department was involved in a contract, agreed with the 
remarks in general, but pointed out that in Monroe County dredging 
was often necessary because of the geographical conditions. 

The Trustees adopted a resolution on May 19, 1970, placing responsi- 
bility for examination of plans of structures to be placed on 
sovereignty lands that might affect the environment in the Board of 
Trustees, and the staff had been reviewing plans of public projects 
such as causeways, roads, bridges and other works and would continue 
to do so. The Director said there had been more cooperation from 
the agencies . 

On motion by Mr. Faircloth, adopted without objection, action was 
deferred for further examination of the plans and determination of 
the dredge area for this project. 



MONROE COUNTY - Dredge and Fill Permit, Section 253.03 F. S. 
On motion by Mr ► Williams, adopted without objection, the Board 



9-1-70 



69 



deferred consideration of the application from Wacouta Corporation 
to dredge to improve navigation and to place the material on 
submerged land in private ownership in accordance with a plan 
proposed on July 7 when an exchange and boundary line agreement 
was authorized. 



PALM BEACH COUNTY - Marina License, Section 253.03 F. S. 
On motion by Mr. Christian, seconded by Mr . Conner and adopted 
without objection, the Board approved issuance of a marina license 
to Bills Sailfish Club, for expansion of an existing facility in 
Lake Worth adjacent to Section 26, Township 42 South, Range 43 East, 
Palm Beach County, for which no dredging was required. The appli- 
cant tendered $100 processing fee and $255 for the first year's 
license fee for the 12,750 square feet of sovereignty land encom- 
passed by the marina. 



POLICY - Permits for Navigation Aids and Mooring Facilities. 
Staff requested authority to issue permits for navigational aids 
such as day marks, day beacons, lighted beacons, buoys, and other 
similar devices in navigable waters to facilitate safe navigation 
by the general public. Also, staff asked for authority to issue 
permits for permanent mooring devices such as dolphins, piles, anchor 
buoys, and other similar devices if they are to be available to the 
general public without cost. 

The permits would be issued only after securing approval of the 
Department of Natural Resources, and all installations would be 
subject to final review and approval by the Corps of Engineers or 
the U. S. Coast Guard. 

Motion was made by Mr. Christian and adopted without objection, 
that the staff be authorized at its discretion to issue such permits 
described above without processing fee if the facilities are 
unconditionally available to the general public. 



MARIFARMS, INC. - Aquaculture Lease. 

The Director presented a matter pertaining to the lawsuit filed by 
Organized Fishermen of Florida. On motion by Mr. Faircloth, 
seconded by Mr. Williams and adopted without objection, the Board 
waived the rules for consideration of a matter not on the agenda. 

Also on motion by Mr. Faircloth, seconded by Mr. Williams and 
adopted without objection, the Board accepted the bond of Mar if arms, 
Incorporated, required by the aquaculture lease awarded by the 
Board on February 3, 1970. Bond was posted in the amount of 
$180,000 by the company, and $25,000 cash bond was placed in a 
savings account with the pass book to be held by the Board. 



CAPE CORAL REPORT. The Board last week asked for a report on 
progress being made on a settlement of the long-pending Cape Coral 
overdredge matter. Mr. Apthorp recommended that the Board require 
from G. A. C. Properties, inc., a penalty settlement of $765,383.78 
including payment for 5,069,918 cubic yards of fill material 
removed from the Caloosahatchee River without permits during a 
period from 1959 to 1965 by the Gulf American company, payment 
for 172 acres of sovereignty land filled that should be valued at 
approximately $1,000 per acre (from $750 to $1,200 per acre), and 
engineering costs. He said that 11C per cubic yard was more than 
twice the usual price for fill material from 1959 to 1965 when 
the violations occurred, that the recommendation took into account 



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70 



the policies of the Board at the time the work was done and took 

into account the earlier negotiations of the staff of the Trustees 

and the present owner of the project, that the value of the land 

was figured on the basis of its value today. 

Motion was made by Mr. Faircloth, seconded by Mr. Christian, that 
the report be received and agendaed at some time in the future. It 
was noted that the recommended penalty settlement figure had not 
been discussed with the company - and that the Trustees had only 
received the report on this Lee County dredging. 

Mr. J. G. Turner, vice president of the company, said their engineers 
would need some time to evaluate the report and the Director had 
said they would have an opportunity to study the engineering figures. 

On motion by Mr. Williams, the Trustees directed that the matter 
be placed on the agenda in a month. 

Mr. Adams said this was a clear case of trespass, there was no 
bulkhead line, dredging and filling had been done with permits, the 
company had made a profit of roughly two million dollars from 
selling the land which he thought should be the penalty payment 
required by the Board. 



SUBJECTS UNDER CHAPTER 18296 

On motion by Mr. Williams, seconded by Mr. Conner and adopted 
without objection, the Trustees approved Report No. 972 and one 
regular bid for sale under provisions of Chapter 18296, Acts of 
1937, Section 197.350 Florida Statutes, of a lot in Volusia County 
to Daytona Beach No. 1, Inc., for $101.00. The lot had been certi- 
fied to the State of Florida with a 1932 assessed value of $10 under 
tax sale certificates 5987 of 1930 and 21825 of 1933. The Board 
authorized execution of the deed pertaining to this Murphy Act sale. 



On motion duly adopted, the meeting was adjourned. 




2JL- 




SECRETARY OF STATE - ACTING/ CHAIRMAN 



ATTEST: 



f V EXECUTIVE DIRICTOR i^ 



*** **** *** 



9-1-70 



71 



Tallahassee, Florida 
September 15, 1970 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met in Senate Hearing Room 31 in the Capitol, with 
the following members present: 

Claude R. Kirk, Jr. Governor 

Tom Adams Secretary of State, Present part time 

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 



Without objection, the minutes of the meeting on August 25, 1970, 
were approved as submitted. 

On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
without objection, the Board authorized correction of the minutes 
of July 14, 1970, page 4 of the duplicated minutes, as follows: 
in the fifth paragraph relating to File Nos . 2301 and 2302-22- 
253.36, strike the period and insert "at the price of $475 per 
acre as agreed to by the Trustees' staff in April, 1968. Instruments 
of conveyance shall contain protective covenant to the Central and 
Southern Florida Flood Control District holding them harmless from 
damages due to flooding by future regulations of water level in Lake 
Okeechobee . " 



VOLUSIA COUNTY - Bulkhead Line. 

The City Council of the City of Port Orange on October 25, 1968, 
relocated a bulkhead line along the south side of Port Orange 
Causeway in the Halifax River in Section 3, Township 16 South, 
Range 33 East, Volusia County. The biological reports concluded 
that the proposed construction behind the bulkhead line would have 
adverse effects on marine biological resources, could interfere 
with a nearby bird rookery, and some debris might collect in part 
of the area due to poor circulation. The staff recommended that 
the bulkhead line relocation not be approved by the Board, and 
that the staff be given authority to file a condemnation suit for 
the property under the provisions of Chapter 70-358, Acts of 1970, 
for the purpose of reacquiring the submerged land. 

The submerged lands lying partially within the bulkhead line were 
purchased from the Trustees in 1952 for $150 per acre, and 4.45 
acres were conveyed by Trustees Deed No. 20181. An attempt to 
negotiate a repurchase from the present owner, C. K. Walley, 
failed due to a difference in opinion as to value. Trustees' staff 
appraiser placed a value of $8,200 per acre or $36,500 for the 
4.45 acres which in Mr. Walley ' s opinion should be $100,000. 

Numerous objections had been received by the Trustees' office 
relating to the relocated bulkhead line. The Audubon Society 
was interested in the nearby bird rookery. 



9-15-70 



72 

Senator Frederick B. Karl, representing C. K. Walley, said his client 

was concerned with ecology but the biological reports in this case were 

vague and uncertain, he had paid taxes for years, was in the dredge and 

fill business as a commercial enterprise, and if the Board was unwilling 

for him to develop his land and it was determined to be in the public interest 

to keep it in its natural state, then the owner should be paid for the land 

sold to his predecessor in title in 1952. 

Mr. Adams noted that there might be a number of other similar situations 
and suggested delay to allow opportunity to study all that was involved. 
The Director said this would be the first time action under the new law 
was recommended, and while Mr. Walley would like to see the matter resolved, 
postponement should not cause any damage. 

Governor Kirk directed postponement for a week, which was approved. 



BREVARD COUNTY - File No. 2315-05-253.12, Land Sale. 
On July 28, 1970, the Trustees considered application from Leonard 
Spielvogel, on behalf of Orval M. Bradford, Jr., and Floyd H. Criswell, 
for purchase of 0.341 acre parcel of sovereignty land in the Indian 
River abutting fractional section 2, Township 25 South, Range 36 East, 
Merritt Island, Brevard County, appraised at $400 for the parcel 
($1,172 per acre) as adjusted by staff appraiser. Notice of sale was 
published in the Cocoa Tribune, proof of publication filed, and no 
objection to the sale received. 

The biological report was not adverse. Staff recommended approval of 
the sale, requested by the applicant in order to close the gap between 
adjacent seawalls. 

Mr. Adams, noting that the public interest emanated from the fact that 
a stagnant pocket existed at the site, made a motion that the sale be 
confirmed at the adjusted appraised price, applicant to pay for the 
appraisal. Motion was seconded by Mr. Williams and adopted without 
objection. 



SARASOTA COUNTY - File No. 2207-58-253.12, Land Sale. 

On July 21, 1970, the Trustees considered application from Logan Smith 
Company, Inc., for the Purchase of a parcel of sovereignty land in Roberts 
Bay abutting Section 6, Township 37 South, Range 18 East, containing 
1.277 acres, more or less, in Sarasota County, appraised at $2,593 per 
acre or $3,311.26 for the parcel. Applicant offered the appraised price 
and reconveyance of 0.388 acre previously purchased. Notice of sale 
was published in the Sarasota Herald, proof of publication filed, and 
several objections were received. On the advertised sale date, September 
8, there was no meeting and all objectors were notified that the application 
would be considered on this date. 

The biological survey report was adverse, stating that the area to be 
filled for residential development would consume valuable mangrove islands. 
The applicant had modified his plans according to suggestions in the report 
for alternate channel and fill areas. 

Staff was of the opinion that the offer of $3,311.26 for the parcel and 
reconveyance of 0.388 acre previously conveyed was fair and the sale in 
the public interest because (1) a definite boundary would be established 
between public and private lands, (2) the utilization of 0.7 ft. m.s.l. 
elevation will be abandoned in the area, and (3) it will allow for orderly 
development of uplands into homesites. 



9-15-70 



73 

The Director said that several additional objections were received 
but no information that was not previously considered, that one 
good result of this application was that Sarasota County on the 
Trustees ' recommendation had changed the tidal data that had been 
used to locate the line of mean high water. Staff recommended the 
objections be overruled and the sale confirmed. 

On motion by Mr. Conner, seconded by Mr. Dickinson and adopted without 
objection, the Trustees overruled the objections and confirmed sale 
as recommended. 



PALM BEACH COUNTY - File No. 2339-50-253.12, Application to Advertise. 
On August 18 the Trustees deferred action for further staff investi- 
gation of the application from Owen H. Libby, Jr., on behalf of 
Mayfran, Inc., for the purchase of 0.698 acre parcel of sovereignty 
land in Lake Worth abutting Section 11, Township 44 South, Range 
43 East, Town of Palm Beach, Palm Beach County, to be used for a 
private residence. 

The biological survey report was adverse, remarking that mangroves 
on the parcel had been destroyed which lessened the productivity 
of the area. A report from the applicant was requested, and the 
land-clearing contractor advised that the foreshore area of the 
lot resembled a city dump due to debris that had collected in the 
mangroves over the years. No dredging or filling has occurred. 
The parcel is landward of the established bulkhead line. The Area 
Planning Board had no objections, the Town of Palm Beach endorsed 
the sale and filling of the area, and adjacent neighbors were in 
favor of the application. 

Applicant said that sale would be in the public interest as the 
parcel was between two existing seawalls and was a pocket where 
debris collected. 

The Director said that the land-clearing contractor had removed 
some mangroves that bordered the shoreline very closely and had 
served to collect debris, but no dirt had been moved. Answering 
Mr. Adams' question, he did not think there was any basis for a 
penalty for destroying the mangroves . 

On motion by Mr. Adams, adopted without objection, the Board authorized 
advertisement of the parcel for objections only. 



FILL MATERIAL - Review. 

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

the Trustees authorized a review of the value of fill material 

secured from state-owned lands, for the purpose of making 

recommendations as to guidelines. The following committee members 

recommended by the Director were approved and travel and per diem 

authorized: 

1. Chairman, Richard B. Hellstrom, P.E. (Engineer with 
Biendorf & Assoc, Consulting Engineers, Vero Beach) 

2. P. J. White, P.E. (Assistant State Highway Engineer of 
Construction, Department of Transportation, Tallahassee) 

3. James T. Glass, Registered Land Surveyor (Post, Bailey 
& Glass, Islamorada) 

4. A. J. Capeletti (Contractor, rock, fill and earth moving, 
Miami) 

5. J. I. Wilson, M.A.I. (Fee appraiser, Miami) 



9-15-70 



74 



N. R. Boutin, M.A.I. (Trustees of the Internal Improvement 
Trust Fund) 



ORANGE COUNTY - Lease. 

The Department of Highway Safety and Motor Vehicles request a long- 
term lease of 5 acres of unused state land adjacent to the State 
Office Building at Winter Park described as Lots 1 through 8, Block 
"A", Hills Addition to Winter Park, Plat Book C, Page 50, for 
construction of a building for the Driver License Office and Motor 
Vehicle Division District Office to serve Orange County. The 
Department of General Services had reviewed and approved the request. 

On motion by Mr. Williams, seconded by Mr. Faircloth and adopted 
without objection, the Trustees approved issuance of 99-year lease 
to the Department of Highway Safety and Motor Vehicles. 



DADE COUNTY - Duplicate Deed. 

On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted 
without objection, the Trustees approved issuance of a duplicate 
deed for $25 processing charge pursuant to request from Joseph A. 
Barley. Trustees Deed No. 30-D-18 dated August 1, 1934, was lost 
or misplaced prior to being recorded in the public records. 



MONROE COUNTY - Release Restriction Covenants, Deed No. 19550. 
The City of Key West by Resolution No. 70-73 adopted on August 17, 
1970, requested release of restrictive covenants contained in Deed 
No. 19550 dated December 27, 1949, that conveyed certain sovereignty 
land to the city for public purposes. In order to obtain street 
right of way through land in private ownership, the city had worked 
out an agreement to exchange an area of 48,530 sq. ft. for an 
equal area. Before such exchange can be effectuated, the restrictive 
covenants that prohibit sale, conveyance or lease to private parties, 
must be released. 

On motion by Mr. Williams, seconded by Mr. Dickinson and adopted 
without objection, the Board agreed to release the restriction as 
to the area requested by the city. 



CITRUS COUNTY - Dredge Permit to Improve Navigation, 

File No. 253.123-612. 
Katherine S. Bowld, represented by Allen F. Kisinger of Crystal 
River, Florida, applied for permission to dredge a navigation 
channel 140 ft. long, 20 ft. wide and 3 ft. deep in the Crystal 
River in Section 21, Township 18 South, Range 17 East, Citrus 
County, in an area where the biological report was not adverse. 
Applicant tendered $50 application fee. 

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



CITRUS COUNTY - Dredge Permit to Improve Navigation, 

File No. 253.123-589. 
Tommy Jordon of Tampa, Florida, applied for permissin to dredge a 
navigation channel 1,800 ft. long, 30 ft. wide and 5 ft. deep, in 
the Withlacoochee River in Section 23, Township 17 South, Range 19 

9-15-70 



75 



East, Citrus County, in an area where the biological report was not 
adverse. Applicant tendered $50 application fee. A plug would 
remain at the entrance of the river until dredging of the lagoon 
is complete and all spoil would be placed above the mean high water 
line. 

On motion by Mr. Williams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees authorized issuance of the dredge 
permit subject to compliance with the recommendations regarding the 
dredging as stated above. 



LEE COUNTY - Fill Permit for Lands Artificially Eroded, 

File No. 253.124 (7)-140, Chapter 70-333, Acts of 1970. 
Mary Simmons Estate, represented by Duane Hall of Fort Myers, 
Florida, applied for permission to fill land lost due to artificially 
induced erosion from wave action from passing boats in Matlacha 
Pass in Section 24, Township 44 South, Range 22 East, covering 
approximately 0.069 acre in Lee County. 

Under provisions of Chapter 70-333, Acts of 1970, a construction 
permit may be issued by the local governing body to restore lands 
that have been subject to artificially induced erosion or avulsion, 
such construction to be within 25 feet of the existing shoreline. 

Staff recommended approval of the permit issued by Lee County on 
August 5. 

On motion by Mr. Faircloth, seconded by Messers. Williams and 
Christian, the Trustees approved the application under provisions 
of the new law. 



LEE COUNTY - Permit for Maintenance Dredging, 

Section 253.123, File No. 577. 
Florida Power and Light Company applied for a permit for maintenance 
dredging in Charlotte Harbor adjacent to Section 26, Township 43 
South, Range 20 East, Lee County, in an area where the biological 
report was not adverse. 

The applicant tendered $50 processing fee. Applicant agreed to 
give the Department of Natural Resources, Bureau of Beaches and 
Shores, a $35,000 grant for a beach erosion control project on the 
southern tip of Gasparilla Island, and will make available 50% of 
the material (13,000 cubic yards) from the dredge area. 

Staff recommended approval of the permit and recommended no charge 
for the 26,000 cubic yards of material to be removed, one-half of 
which would be made available for the erosion control project. 

On motion by Mr. Williams, seconded by Mr. Faircloth and adopted 
without objection, the Trustees accepted the staff recommendation 
for approval at no charge, since the applicant had committed 
$35,000 to fund the beach erosion control project. 



MONROE COUNTY - Dredge and Fill Permit, Section 253.03, F.S. 
Wacouta Corporation, represented by James T. Glass, applied for a 
permit to dredge a channel 50 ft. wide and 5 ft. deep in Section 
35, Township 66 South, Range 2 9 East, for navigation in Newfound 
Harbor, Big Pine Key, in Monroe County, and to place the material 
on submerged land privately owned. The Board had agreed in principle 
to the proposed plan on July 7 when the exchange and boundary line 
agreement was authorized. The revised biological report was 

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76 



partially adverse, and the application was deferred on September 1. 

Governor Kirk by memorandum had requested a deferment on consideration 
until a later meeting. 

Mrs. Irene Hooper, president of Seacamp Association, Inc., a non- 
profit educational association, said the dredging would adversely 
affect the program at Cupon Bight where study and research were 
participated in by high school and college students because this 
was a relatively undistrubed area. 

On the Governor's request, the application was deferred for one week. 



MONROE COUNTY - Dredge Permit to Improve Navigation, 

Section 253.03, File 172. 
Bahia Shores, Inc., represented by James T. Glass, applied for 
permission to dredge two navigation channels in Big Spanish Channel 
in Section 16, Township 66 South, Range 30 East, Monroe County, one 
a perimeter channel 350 ft. long, 30 ft. wide and 1.0 ft. deep and 
the other an access channel 300 ft. long, 50 ft. wide and 5 ft. deep. 
The application was filed prior to the adoption of the $50 processing 
fee policy. 

The biological report on the original application was adverse. The 
plan was revised as suggested in the report from the Department of 
Natural Resources, and the subsequent biological report was not 
adverse. 

On motion by Mr. Faircloth, seconded by Messers. Christian and Williams, 
the Board of Trustees approved issuance of the permit. 



PALM BEACH COUNTY - Dredge Permit to Improve Navigation, 

File No. 253.123-636. 
Old Port Cove Venture, represented by Perry E. Willits, applied for 
permission to dredge a boat slip connection only, 67 ft. wide and 4 
ft. deep in Section 9, Township 42 South, Range 43 East, Lake Worth 
in Palm Beach County, in an area where the biological report was not 
adverse. Applicant submitted $50 application fee. 

On motion by Mr. Christian, seconded by Messers. Williams and Faircloth, 
the Trustees approved issuance of the dredge permit. 



PINELLAS COUNTY - Permit for Maintenance Dredging, Section 2 53.123. 
Subject to- Trustees ' approval, the Pinellas County Water and 
Navigation Control Authority issued Dredge-Only Permit No. 184 for 
maintenance dredging in 16 channels throughout the City of St. 
Petersburg. Dredging would be done with a dragline and spoil would 
be placed along the sides of the channels. 

The biological report was not adverse and staff recommended approval 
subject to the dredging being coordinated with the Department of 
Natural Resources. 

On motion by Mr. Faircloth, seconded by Messers. Williams and 
Christian, the Trustees approved issuance of permit to the city 
as recommended by the staff. 



9-15-70 



77 



PINELLAS COUNTY - Dredge Permit to Improve Navigation, 

Section 253.123, Dredge-Only No. 188. 
Subject to Trustees' approval, Pinellas County Water and Navigation 
Control Authority issued a permit to install a seawall and dredge 
a perimeter channel 30 ft. wide by 15 ft. deep in Section 4, Town- 
ship 31 South, Range 15 East, Pinellas County, to Bernard Greenbaum 
and Associates. The biological report was not adverse. 

The material removed from applicant's land would be used to backfill 
behind the seawall. Applicant tendered $50 processing fee. Staff 
recommended no charge for the backfill material that would be 
excavated from applicant's submerged land and recommended approval 
of the application subject to the draglining being limited to an area 
not more than 30 ft. from the seawall. 

On motion made by Mr. Williams, seconded by Messrs. Christian and 
Conner, and adopted without objection, the Trustees approved issuance 
of the dredge permit as recommended by the staff. 



OKALOOSA COUNTY - Dredge Permit to Improve Navigation, 

File No. 253.123-634. 
C. B. S. Development Corporation, represented by Jim Dennis of 
Gulf Breeze, Florida, applied for permission to dredge a navigation 
channel 500 ft. long, 30 ft. wide and 5 ft. deep in Old Pass Lagoon 
in Township 2 South, Range 22 West, at Block "F", Holiday Isle in 
Okaloosa County. Applicant tendered $50 application fee. 

The biological report from the Department of Natural Resources was 
not adverse. Staff recommended approval subject to the spoil area 
being adequately diked to prevent silt from returning to the bay. 

On motion made by Messrs. Conner and Christian, seconded by Mr. Williams, 
and adopted without objection, the Trustees approved issuance of the 
dredge permit with the provision recommended by the staff. 



DADE COUNTY - Marina License, Section 253.03 Florida Statutes. 
On motion by Mr. Williams, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized issuance of a marina license 
to Sunbeam Television Corporation for $100 minimum annual fee, for a 
marina including a marginal dock in Biscayne Bay adjacent to uplands 
in Section 9, Township 53 South,. Range 42 East, Dade County. 



LEVY COUNTY - State Construction Permit. 

On motion by Mr. Williams, seconded by Mr. Faircloth and adopted without 
objection, the Trustees authorized issuance of state construction 
permit to International Oceanographic Corporation for $100 processing 
fee, for the construction of racks for supporting strings for commercial 
oyster culture within an aquaculture lease area authorized by the 
Trustees on June 30, 1970, in the Gulf of Mexico near Cedar Keys in 
Levy County. 



ST. LUCIE COUNTY - Permit and Management Agreement. 
Marine Science Center, Inc., represented by Richard B. Hellstrom, 
applied for a permit to manage approximately 320 acres of sovereignty 
land in the Indian River in unsurveyed Sections 8 and 9, Township 34 
South, Range 40 East, St. Lucie County, for scientific research and 
associated purposes within a designated area consistent with the 
conditions set forth in Section 3 (B) of the General Aquatic Preserve 
Resolution adopted by the Trustees on November 24, 1969. That would 
allow activities designed to enhance the quality or utility of not 
only the Indian River Aquatic Preserve (A-9) but the other preserves, 
from the knowledge gained through permitted activities. 

The applicant desired permission to construct docks, piers, wharfs and 
similar structures, and structures to house laboratory equipment used in 



9-15-70 



78 



connection with ecological research and water control, measuring 
and monitorinq devices. The permit would be subject to revocation 
in the event of any activity that would significantly reduce the 
biological value of the management area or interfere with reasonable 
navigational requirements. 

Secretary of State Tom Adams described some of the accomplishments 
and research activities of Dr. E. A. Link, president of the applicant 
company, and recommended approval of the application. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted 
unanimously, the Trustees granted the request for permit and 
management agreement conditioned upon the applicant promulgating 
to appropriate governmental agencies any information, data and 
conclusions obtained through operation of the project, and furnish- 
ing quarterly reports of activities. 



SUBJECTS UNDER CHAPTER 18296 

On motion by Mr. Conner, seconded by Mr. Dickinson and adopted 
without objection, the Trustees approved Report No. 9 73 and 
authorized execution of deeds pertaining to two regular bids for 
sale of Murphy Act land under provisions of Chapter 18296, Acts of 
1937, Section 197.350 Florida Statutes, as follows: 

1 parcel of land in Section 39, Township 8 South, Range 30 
East, St. Johns County, to the Deltona Corporation for 
the high bid of $6 00; 

Lot 9, Block 70, Vermont Heights, St. Johns County, 
to Amelia E. Terry for the high bid of $100. 



ALACHUA COUNTY - Sale under Section 197.355 Florida Statutes. 
Irene Jacobs Hicks applied for conveyance of a parcel of land 
certified to the State of Florida under tax sale certificate No. 789 
of November 4, 189 5, described as Lot 30, Stoughton's Addition to 
Micanopy as per plat thereof recorded in Plat Book A Page 31 of the 
Public Records of Alachua County, Florida, of which she was the 
former owner on June 9, 1939, the date title vested in the state 
under Section 192.38, now 197.350 Florida Statutes. 

On motion by Mr. Williams, seconded by Mr. Faircloth and adopted 
without objection, the Trustees approved the application under the 
so-called "Hardship Act" and authorized issuance of deed for $200. 



REFUNDS - Murphy Act. 

On motion by Mr. Conner, seconded by Mr. Williams and adopted 
without objection, the Trustees authorized refund to two applicants 
for release of state road right of way reservations contained in 
Murphy Act deeds but which the Department of Transportation did not 
recommend be released, as follows: (1) $45 refund to Ruth Morat, 
Dade D ee ds 3126-EDDJ, 3821-EDDJ and 4740; (2) $15 refund to Tampa 
Abstract Division Chelsea Title and Guaranty Company, Hillsborough 
County Deed No. 4707. 



On motion duly adopted, the meeting was adjourne 



9-15-70 




79 



ATTEST: 




Tallahassee, Florida 
September 22, 19 70 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met in Senate Hearing Room 31 in the Capitol, with the 
following members present: 



Claude R. Kirk, Jr. 
Tom Adams 

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



Governor, Present Part Time 

Secretary of State 

Comptroller 

Treasurer 

Commissioner of Education 



James W. Ap thorp 



Executive Director 



On motion duly adopted, the minutes of September 1, 19 70 were 
approved as submitted. 



At Mr. Adams' suggestion because a number of persons were present 
interested in dredge and fill matters appearing at the end of the 
agenda, the Trustees began with the application numbered "30" and 
considered the items in the reverse order. 



ESCAMBIA COUNTY 

The City of Pen 
construction pe 
to facilitate 
sewer outfall, 
has been instal 
when the city w 
report was not 
period. 



- Temporary Construction Permit, 
Section 253.03 Florida Statutes. 
sacola applied for a partial after-the-fact temporary 
rmit to erect an earthern cofferdam in Escambia Bay 
nstallation of a concrete headwall for a storm 

The cofferdam, to be removed after the headwall 
led, was erected without permit but the work ceased 
as advised that a permit was required. The biological 
adverse, and staff recommended approval for a 90-day 



Motion was made by Mr. Williams, seconded by Mr. Adams and adopted 
without objection, that the Trustees approve temporary permit to 
the City of Pensacola for a period of 90 days. 



VOLUSIA COUNTY - City of Daytona Beach had requested approval of 
a lease arrangement between the City and other parties to develop 
and operate a marina on lands deeded to the city for public 
purposes only. 

Parties who had requested a hearing by the Board had found it 
impossible to be here on this date. Without objection, the 
Trustees deferred consideration for two weeks. 



DADE COUNTY - Marina License, Section 253.03 Florida Statutes. 
The City of Miami applied for a state marina license, without fee, 
for installation of a public marina facility in Biscayne Bay at 
Dinner Key in Section 22, Township 54 South, Range 41 East, Dade 



9-22-70 



80 



County. All required exhibits were submitted and staff recommended 
approval and waiver of the fee. Mr. Williams made a motion for 
approval . 

Mr. Nathaniel P. Reed said the Department of Air and Water Pollution 
Control raised the issue of water quality standards, that for a 
period of thirty or forty years hundreds of boats had dumped raw 
sewage in the bay, that now the city wanted to enlarge the marina 
site by pumping up material and there were many problems to be 
solved. He thought this was the time to insist on installation of 
pipes to remove waste, but had not had an opportunity to discuss 
the application with Mr. Apthorp. 

Mr. Williams withdrew his first motion and made a motion, adopted 
without objection, that the application by the City of Miami be 
postponed until a recommendation from the Air and Water Pollution 
Control Department was available. 



SARASOTA COUNTY - Amendment to Dredge Permit No. 253.123-395. 
Mara Beach, Incorporated, represented by Richard W. Cooney, applied 
for amendment of an existing permit to allow dredging a 100 ft. 
wide, 296 ft. long and 7 ft. deep boat basin that applicant's boat 
needed for safe maneuvering. A total of 881.7 cubic yards of over- 
dredge material would be removed, for which payment of $38.17 was 
tendered, and $50 processing fee was paid. The biological report 
was adverse. Sarasota County approved the amended permit on 
September 1, 1970. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted without 
objection, the Trustees approved issuance of the permit amendment. 



OKALOOSA COUNTY - Dredge Permit to Improve Navigation, 

File No. 253.123-594. 
Gary E. Lee applied for permission to dredge a navigation channel 
in Choctawhatchee Bay in Section 4, Township 2 South, Range 23 West, 
Okaloosa County, 1,467 ft. long, 30 ft. wide and 5 ft. deep. 
Application fee of $50 was paid. The material removed would be 
placed behind an existing seawall to replace that lost by erosion 
due to hurricanes. The biological survey report was not adverse, 
and the Bureau of Beaches and Shores approved the application. 

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



MONROE COUNTY - Dredge and Fill Permit, Section 253.03 F. S. , 
To improve Navigation and Submerged Land Heretofore Conveyed. 
Wacouta Corporation, represented by James T. Glass, applied for a 
permit for dredging a Y-shaped channel 50 ft. wide and 5 ft. deep 
in Section 35, Township 66 South, Range 29 East, for navigation in 
Newfound Harbor at Big Pine Key, Monroe County. Material removed 
would be placed on submerged land in private ownership as part of 
the applicant's plan agreed to in principle on July 7 when the 
Trustees authorized an exchange and boundary line agreement with 
the Wacouta Corporation. The plan had been modified to reduce 
damage to biological resources, but the revised biological report 
was partially adverse. 

On September 1 the Trustees deferred action on the dredge and fill 
application. On September 15 at the Governor's request action 



9-22-70 



81 



was again deferred, but the Board heard objections presented by 
Mrs . Irene Hooper of Seacamp Association inc. 

Numerous objections had been received. Representative William G. 
Roberts of Monroe County requested deferment for further study. 
Mrs. Hooper had requested the Advisory Committee on Aquatic Preserves 
to establish a preserve in Cupon Bight to protect the unique ecology, 
and urged denial of the application on the basis that it was harmful 
to the ecology and not compatible with the environment. She said 
Seacamp objected to the entire project but the staff had advised 
that the objections should be presented at the time the dredge and 
fill permits were considered. 

Mr. Adams expressed concern at the information that a staff member 
was carried to the site by a developer associated with an overfill 
at Summerland Key, which had connotations requiring an investiga- 
tion as it was highly inappropriate for staff members to travel 
with land developers whose approach was different from the objec- 
tives of the Board. He said that representations had been made with 
respect to a conservation area in this project that were not now 
being honored, that this particular area had not been subject to 
intense development, and when this matter was again considered after 
the deferment suggested by other members he would vote to deny the 
permit and set this area aside as an aquatic preserve. 

Mrs. Hooper said that particular developer's name had never been 
mentioned with the applicant firm. Mr. Christian expressed concern 
at the vagueness of the references and cautioned against implica- 
tions involving the party in the previous litigation; but he wanted 
an investigation to exonerate the staff members. 

Mr. Bill Roberts, attorney for the project engineer, said to his 
knowledge Mr. Phil Toppino had no involvement with the corporation, 
the upland was platted for single family homesites for which access 
channel to deep water was desired, the channel design was modified 
as recommended by the staff, there would be a tertiary treatment 
plant with outfall in the Atlantic Ocean, the land exchange 
approved in July was for the purpose of letting the state acquire 
valuable submerged bottoms and to clarify title questions arising 
from erroneous government surveys. He said what was asked for 
would do minimum damage, that the applicant and purchasers of the 
homesites did not desire to destroy the fishing and other 
recreation benefits. 

Mr. Apthorp said the term "conservation area" on the drawing was 
probably misleading, that the file indicated community use, that 
he knew the staff had inspected the application site but not the 
details of the transportation, that when the Secretary of State 
and the Attorney General were involved in the lawsuit on Summerland 
Key the Director had been an employee in the office of the Secretary 
of State. Mr. Apthorp felt that when the Board agreed to the land 
exchange it carried some commitment as to dredging, but he did not 
know whether the exchange deeds had been issued. 

Mr. Christian wanted to defend the education project at Seacamp 
but not to get involved in other implications. He thought action 
should be deferred for securing a recommendation from the Air and 
Water Pollution Control Department. The Governor said the 
associations should be looked into. He knew the area well, and 
there were evident conditions to indicate stagnation and other 
unfavorable results from the proposed dredging. If the applica- 
tion came back to the Board in its present form, the Governor and 
the Treasurer said they would vote against it. 



9-22-70 



82 



On motion by Mr. Christian, seconded by Mr. Williams and adopted 
without objection, the Trustees deferred consideration for clearing 
up the several questions raised on this date. 

On motion by Mr. Williams, seconded by Mr. Christian and adopted 
without objection, the Board directed that the exchange deeds be 
held if they had not already been issued. 



MONROE COUNTY - Dredge and Fill Permit, Section 253.03 F. S., 
To improve Navigation and Submerged Land Heretofore Conveyed, File 169, 
The Branigar Organization, inc., represented by James T. Glass, 
applied for a permit for dredging a 1,312 ft. long, 50 ft. wide and 
5 ft. deep navigation channel adjacent to Sections 20 and 21, Town- 
ship 64 South, Range 36 East, in Florida Bay, Monroe County. The 
15,000 cubic yards of material would be placed on upland and on 
submerged land previously conveyed in Trustees Deed No. 20770. The 
applicant tendered $1,500 for the material. The application was 
filed prior to adoption of the $50 processing fee requirement. The 
biological report was adverse. However, the dredge and fill area 
had been reduced to minimize adverse effects. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees approved issuance of the permits. 



MONROE COUNTY - Dredge Permit to Improve Navigation, File 253.03-205, 
William E. Olson applied for permission to dredge a navigation 
channel 400 ft. long, 45 ft. wide and 5 ft. deep in 'Pine Channel 
at Big Pine Key in Section 27, Township 66 South, Range 29 East, 
Monroe County. The biological report was partially adverse but the 
applicant had revised the plan in accordance with recommenda tions 
of the biological report. 

At Mr. Adams' request, the Trustees deferred action for two weeks. 



LEE COUNTY - Dredge Permit to Improve Navigation, File 253.123-638. 
John T. Sheets applied for permit to dredge a navigation channel 
2,800 ft. long, 50 ft. wide top cut, 5 ft. deep (M.L.W.) in Manatee 
Bay, Matlacha Pass, in Section 23, Township 45 South, Range 25 East, 
Lee County. The biological report indicated limited adverse effects 
and staff recommended construction of dikes to contain the silt. 
The site was south of Aquatic Preserve G-12. 

At Mr. Adams' request the Trustees deferred action for two weeks. 
Mr. Adams wanted to know if, in fact, the deposit of the dredged 
material would constitute sufficient improvements of the upland that 
the Board should make a charge for the fill material. 



DUVAL COUNTY - Dredge Permit 253.123-622, Fill Permit 253.124-132, 

SAJSP Permit (70-400) 
Dunn's Terminal Corporation, represented by Lake G. Ray, Jr., Harbor 
Engineering Company, applied for approval of dredge and fill permit 
issued by the City of Jacksonville on May 12, 1970. It was proposed 
to dredge 327,000 cu.yds. of material from the St. Johns River, 
from areas that are "sandy and unvegetated, remaining generally 
below the zone of effective sunlight penetration" according to the 
biological survey report. In accordance with the report and staff 
recommendations, the applicants had agreed to modifications of the 
project and agreed to convey to the state 5.3 acres of marsh land 
bordering on Wynn Creek. Further modification of the seawall 



9-22-70 



83 



configuration should diminish adverse hydrographic effects as 
indicated by a report from the Coastal Engineering Laboratory. 
Applicant tendered $22,800 for 228,000 cubic yards of material to 
be removed from sovereignty land. 

Numerous objections were filed and objectors present were repre- 
sented by Hans Vige, Jr., Hans Vige, Sr . , Mrs. Rosemary Furman and 
Miss Alberta James who based protests on their past opposition to 
sale of the land to be filled, the many different maps representing 
modifications of the engineering plans but causing confusion and 
doubt that the current plan was that one approved by Jacksonville 
City Council, adverse biological and hydrological reports, drainage 
in the area of Dunns and Wynns Creeks, and opposition to industry 
moving into the area. A petition was filed with over two thousand 
signatures, opposing the application. 

Representing the applicant, Gardner T. Gillett advised the Board 
that the parcel was zoned for industry, the bulkhead line estab- 
lished, all requirements had been met, drainage would be properly 
taken care of to protect the area as well as his client's other 
property, and in the process of meeting requirements and adverse 
reports there had been modifications and changes in the engineering 
maps. He offered to try to talk further with objectors to resolve 
protests, if possible, in the event the Trustees desired to defer 
action. 

Members asked questions, expressed concern for the business man as 
well as the residents in an area being changed by industrial zoning, 
and in view of the technical questions raised by the objectors and 
differences in maps and other exhibits that could not be resolved 
at a board meeting, motion was made by Mr. Williams, seconded by 
Mr. Dickinson and adopted without objection, that action be 
deferred for additional information and a clearer presentation of 
the application with pertinent maps. 

Governor Kirk thanked the concerned citizens for their work and 
presence, assured them that the facts would be brought out in a 
more orderly form for a decision to be made by the Board at a 
later meeting at which they might be represented if they desired 
to be heard again. Governor Kirk left the meeting at this time. 



DADE COUNTY - Fill Permit, Section 253.124 Florida Statutes. 
Albert J. Bacskay, represented by James P. Shiskin, requested 
approval of a fill permit granted by Dade County for filling 0.086 
acre parcel damaged by erosion in Section 14, Township 52 South, 
Range 42 East, Intracoastal Waterway in Dade County. All fill 
material would be hauled to the site, and the biological report 
indicated only limited adverse effects on marine life in the area 
from the filling. 

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



DADE COUNTY - Dredge Permit to Improve Navigation, File 253.123-653 
On motion made by Messrs. Williams and Dickinson, seconded by Mr. 
Christian and adopted without objection, the Trustees authorized 
issuance of dredge permit without fee to Dade County Public Works 
Department for a boat slip connection in Section 5, Township 54 
South, Range 42 East, Biscayne Bay, Dade County. The biological 
survey report was not adverse. 



9-22-70 



84 

BAY COUNTY - Dredge Permit to Improve Navigation, File 253.123-639, 
Miss S. E. Wright applied for permission to dredge a navigation 
channel 2 50 ft. long, 50 ft. wide and 5 ft. deep in Grand Lagoon 
in Section 9, Township 4 South, Range 15 West, Bay County. The 
biological report cites limited adverse effects. 

At Mr. Adams' request, the Trustees deferred action for two weeks. 



SHELL LEASE INCOME REPORT - The Board of Trustees accepted for the 
record the following report of remittances to Florida Department 
of Natural Resources from holders of dead shell leases: 

Lease No. 1718 Radcliff Materials, Inc. $ 2,078.68 
Lease No. 1788 Benton & Company, Inc. 16,223.02 

Lease No. 2233 Bay Dredging and Construction 5,451.22 



CHARLOTTE AND COLLIER COUNTIES - At the request of Governor Kirk, 
the Board deferred consideration of requests from Sun Oil Company, 
Humble Oil and Refining Company, and Amerada Hess Corporation, for 
advertisement of oil and gas leases on land of the Trustees and 
the Board of Education. 



TRUSTEES FUNDS - On motion by Mr. Williams, seconded by Mr. Dickinson, 
and adopted without objection, the Trustees authorized contribution 
of funds for the following purposes: 

(1) $250,000 for continuation of the cooperative agreement with 
the Unites States Geological Survey dated February 27, 1969, 
for accelerated topographic mapping program. The federal 
government will match said amount. The 1970 Legislature 
included payment of that amount in the budget of the 
Trustees of the Internal Improvement Trust Fund. 

(2) Trustees funds to match contributions of various counties 
and conservation districts, approximately $13,000, the 
total amount of which is matched with federal funds for the 
purpose of continuing water resources investigations during 
the 1970-71 year under an agreement with the United States 
Department of the Interior, Geological Survey. Funds are 
provided in the current operating budget of the Trustees of 
the Internal Improvement Trust Fund . 



BREVARD COUNTY - Refund, Contract 24760(423-05)253.12. 

Stanley Wolfman, on behalf of Hampton Homes Inc. of Cocoa, requested 

refund of the amount paid on Contract No. 24760(423-05) for purchase 

of 34.67 acres of sovereignty land in Newfound Harbor abutting 

Section 25, Township 24 South, Range 36 East, Brevard County. The 

applicant had paid to date $40,527.68, principal and interest, 

and in event of refund, agreed to withdraw the suit styled Hampton 

Homes Corp. Inc. of Cocoa, Pettitioner, vs the Board of Trustees 

of the Internal Improvement Fund of the State of Florida, Respondent, 

Case No. 0-82, in which the Office of Legal Affairs represented the 

Board of Trustees. 

On motion by Mr. Williams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees authorized refund and cancellation 
of the contract conditioned upon Hampton Homes agreeing to 
dismissal of the suit in accordance with stipulation being prepared 
by Department of Legal Affairs. 



9-22-70 



85 

TRUSTEES FUNDS - Grant-in-Aid : Fresh Water Lakes Study. 
The Environmental Engineering Department, University of Florida, 
received a federal grant of $26, 666 from the Office of Water 
Resources Research, Department of the Interior, for a two-year 
study for the purpose of locating the high water lines of fresh 
water lakes. Dr. W. H. Morgan, Associate Professor of Environmental 
Engineering, and Dr. John H. Davis, Jr., Professor of Botany, 
requested funds from the Trustees to augment the federal grant. 

The proposed study will have definite use in the Lake Cypress 

(Osceola County) matter, and staff recommended grant of $11,000 

for a two-year study period. That amount might be transferred 

from the funds earmarked for tidal mean high water line survey 
and mapping . 

On motion by Mr. Williams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees granted $11, 000 to augment the 
federal grant for the two-year study period. 



PALM BEACH COUNTY - Power Line Easement. 

Florida Power and Light Company requested an easement across lands 
of the University of Florida Experimental Station, Morikomi Farm, 
in Section 27, Township 46 South, Range 42 East, in Palm Beach 
County, for an electrical power line to serve the station. The 
Board of Regents approved the request . 

On motion by Mr. Williams, seconded by Mr. Dickinson and adopted, 
the Trustees authorized issuance of the easement for power line. 



DUVAL COUNTY - Road Right of Way. 

The Jacksonville Expressway Authority by Special Resolution 

No. 205 requested an easement across two small parcels in Sections 

8 and 9, Township 3 South, Range 28 East, for use in constructing 

interchanges on Jose-Vedra Boulevard. 

The parcels were a part of the new University of North Florida 

and the interchange will be beneficial to the University. Officials 

of the University and the Board of Regents approved the request . 

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



DADE COUNTY - Temporary Borrow Area Easement. 

The Department of Transportation applied for a borrow area of 
approximately 2 3 acres in Dumfoundling Bay in theoretical Sections 
2 and 3, Township 52 South, Range 42 East, Dade County, for removal 
of material to be used on uplands in connection with construction 
of State Road 852 (192nd Street) . 

The biological report dated April 20, 1970, was adverse. Applicant 
advised that an alternate area with suitable material could not 
be located within the vicinity of the proposed construction. The 
adjacent bottoms of Dumfoundling Bay have been subjected to 
extensive dredging. 

Mr. Christian made a motion for approval, which Mr. Adams and Mr. 
Williams voted against. Mr. Dickinson said he would second the 
motion made by Mr. Christian. 

William J. Roberts, representing the engineering firm employed by 
the Department of Transportation, explained that this area was 



9-22-70 



86 



being relinquished by the developers of Biscayne Village project, 
that use of this dredge material would save the Department of Trans- 
portation over $400,000 for having material trucked in. He 
reminded the Board that parties previously allowed to dredge in 
Dumfoundling Bay had made a commitment of $100,000 to create 
artificial reefs to help rebuild fisheries in the area. 

Mr. Adams referred to dredging in Indian River for highway construc- 
tion - that has caused much pollution. Although the Board had 
approved dredging in Dumfoundling Bay when the bulkhead lines for 
South Dade County were being considered, he was concerned about 
digging another hole in the Bay. 

Mr. Dickinson made a motion that the application be approved, 
which was seconded by Mr. Christian. However, as Messrs. Williams 
and Adams voted "No" and only four were present, the motion failed 
on a tie vote. 

Mr. Christian then made a motion that the application be reagendaed, 
and it was so ordered. 



SARASOTA COUNTY - Quitclaim Deed, File 2356-58-12(6) 
C. Archer Smith, represented by J. Douglas Arnest, applied for a 
quitclaim deed to a parcel of filled sovereignty land containing 
0.45 acre in Little Sarasota Bay abutting Sections 19 and 20, 
Township 37 South, Range 18 East, Sarasota County, appraised at 
$475 for the parcel by the staff appraiser. 

On motion by Mr. Dickinson, seconded by Mr. Williams and adopted 
without objection, the Board authorized issuance of the quitclaim 
deed in compliance with Section 253.12(6), Florida Statutes, at 
the appraised value plus $100 processing fee and the appraisal costs 



OSCEOLA COUNTY - Lake Cypress 

Arthur Steed, an attorney representing Bronson ' s Inc., applied for 

a quitclaim deed or disclaimer to the bottoms of Lake Cypress in 

Osceola County, a large non-meandered fresh water lake within 

the Kissimmee River chain of lakes that is presumed to be navigable 

Title to the lake bottoms is sovereignty in character and not 

susceptible of being conveyed. The applicant requested that the 

Trustees, in the event they refuse to issue the desired instrument, 

consent to a quiet title suit to be filed and heard in Osceola 

County . 

On motion by Mr. Williams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees denied the request for a quitclaim 
or disclaimer to the lake bottoms, and agreed to the suit being 
filed in Osceola County. The Director recommended that Mr. Henry 
Kittleson handle the case for the Trustees. 



PALM BEACH COUNTY - Corrective Deed and Disclaimer 
The Parini Land and Development Company, successors in title to 
Calig Land Company, through their representative, Robert I. 
Shapiro, requested issuance of corrective instruments to supplement 
Trustees Deed No. 22884(924-50) and Disclaimer No. 22885(924-50) 
which contained errors in certain dimensions and require correc- 
tion before title insurance can be obtained. 

9/22/70 



87 



On motion by Mr. Dickinson, seconded by Mr. Williams and adopted 
without objection, the Trustees authorized issuance of corrective 
instruments for the usual charge of $25 each. 



MARTIN COUNTY - Corrective Deed. 

On motion by Mr. Dickinson, seconded by Mr. Williams and adopted 
without objection, the Trustees authorized issuance of corrective 
deed for $25 that was requested by Evans Crary, Jr., representing 
Laurel Court, Inc., the Grantee in Trustees Deed No. 24961(1820-43) 
dated June 30, 1969, for the reason that the original deed had 
referred to Block "C" instead of Block "B" of Riverside Park 
Subdivision . 



DADE COUNTY - File No. 2225-13-253.12, Application to Advertise 
On September 1 the Board, on the recommendation of the staff, denied 
the application from Paul L. E. Helliwell, Trustee, represented 
by Thomas B. DeWolf, for advertisement of a proposed purchase of 
4.96 acres of sovereignty land in Biscayne Bay abutting Section 6, 
Township 55 South, Range 42 East, Key Biscayne , Dade County. 
Sufficient reasons had not been submitted to the staff as to the 
public interest justifying the sale. 

The biological report for the Mashta Point area was adverse, but 
the original plans were modified to eliminate dredging in the 
shallow area. The parcel was landward of the bulkhead line 
approved by the Board on January 28, 1969. 

Through error a request from the applicant for deferment had not 
reached the Board on September 1, and the application was again 
placed on the agenda; however, the staff had not received from the 
applicant any additional reasons as to why the sale would be in 
the public interest. Dade County had endorsed the sale by letter. 

Mr. Apthorp explained that under the standards set by the Board, 
the fact that the applicant desires to purchase the area for 
permanent homesites and neighbors favor the application, would not 
constitute a showing of public interest. Therefore, the staff 
recommended denial. 

Mr. DeWolf pointed out the written approval by Dade County after 
numerous alterations of the engineering plan, approval of the 
bulkhead line at Mashta Point after numerous studies and revisions, 
the engineering report on development of single family residences, 
and the present hazardous and undesirable conditions on the point 
of land. He said Mashta Island Association favored the application, 
and that the applicants would do required maintenance dredging at 
Hurricane Harbor and modify dredging areas. 

Mr. Christian pointed out that the Board expected the staff to review 
such information as Mr. DeWolf had presented to the members on this 
date, and Mr. Adams said they should know just where the fill 
would come from. 

On motion by Mr. Christian, seconded by Mr. Dickinson and adopted 
without objection, the application was deferred for receipt from the 
applicant of sufficient information on the public purpose to be 
served by the sale and further details of the complete project. 



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88 



VOLUSIA COUNTY - Bulkhead Line Denied; Condemnation. 
On September 15, at request of the Governor the Board deferred 
action on a bulkhead line relocated by the City Council of Port 
Orange on October 25, 1968, along the south side of Port Orange 
Causeway in the Halifax River in Section 3, Township 16 South, Range 
33 East, Volusia County. (See minutes of September 15, 1970.) 

The staff recommended that approval of the bulkhead line be denied, 
in view of the fact that the biological report stated that the 
dredge and fill project proposed for the area within the bulkhead 
line would not be in the best interest of marine conservation and 
development activity could be expected to lessen the value to birds 
of a nearby rookery. The staff also recommended that authority be 
granted for the staff to file a condemnation suit for the 4.45 acres 
that had been previously conveyed by the Trustees. 



On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
without objection, the Trustees denied approval of the bulkhead 
line and authorized condemnation suit for the property under the 
provisions of Chapter 70-358, Acts of 1970, for the purpose of 
reacquiring the submerged lands. 



On motion duly adopted, the meeting wa 



ATTEST: VjJAAtJA- 

/EXECUTIVE DIRECT/OR 




Tallahassee, Florida 
October 6, 1970 

The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met in Senate Hearing Room 31 in the Capitol, 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 

Commissioner of Education 

Commissioner of Agriculture 



James W. Ap thorp 



Executive Director 



On motion duly adopted, the Trustees approved the minutes of 
September 15 and 22, 1970, as submitted. 



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89 



FRANXLTN COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
The Board of County Commissioners of Franklin County by resolution 
adopted on June 15, 1970, established a bulkhead line 948.19 feet 
long in Alligator Harbor at the Alligator Point Marina in unsur- 
veyed fractional Sections 2 and 3, Township 7 South, Range 2 West, 
Franklin County. The biological survey report was not adverse, 
and the staff recommended approval. 

Motion was made by Mr. .."illiams, seconded by Mr. Dickinson, 
that the bulkhead line be approved. 

This was an area where some unauthorized dredging and filling had 
been done which was under investigation by the staff. Mr. Adams 
said there was some question as to just when the fill was placed 
there, that the bulkhead line would surround. He suggested that 
action be withheld. 

Without objection, the Trustees deferred action for further study 
and consideration. 



GADSDEN COUNTY - Release of Option. 

On May 9, 1969, the Board of Trustees was granted an option by 
Frank L. Pittman to purchase four parcels of land for Bear Creek 
State Park in Gadsden County, three of which had been acquired by 
the Division of Recreation and Parks, Department of Natural 
Resources . 

On September 22 the Department approved release of the option to 
purchase the fourth parcel of approximately 34 acres. Mr. Pittman 
requested execution of a release of option which runs to September 
20, 1971. 

On motion by Mr. Williams, seconded by Mr. Adams and adopted 
without objection, the Trustees authorized execution of an 
instrument of release of option as to the fourth parcel. 



BAY COUNTY - Land Transfer. 

Pursuant to action on March 31, 1970, the Department of Natural 

Resources requested conveyance of Government Lot 4, Section 15, 

Township 4 South, Range 15 West, Bay County, to the Gulf Coast 

Junior College for oceanographic and related purposes connected 

with the school curriculum. The small, unused parcel in the 

St. Andrews State Park acquired from the United States in 1948 and 

restricted for park and recreational purposes had not been used as 

part of the park due to its separation from the park by the waters 

of Grand Lagoon. 

The restrictions imposed on the parcel by the United States had 
been changed to recreational and educational uses. The United 
States Department of the interior had authorized transfer of title 
to the Junior College. 

On motion by Mr. Williams, seconded by Mr. Adams and adopted without 
objection, the Trustees approved transfer of title without cost to 
the Gulf Coast Junior College for oceanographic and related 
purposes only by appropriate instrument. 



ST . JOHNS COUNTY - Road Easement. 

By resolution adopted on August 25, 1970, the St. Johns County 

Commission requested an easement for public road purposes across 



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90 



a portion of the Frank B. Butler State Park containing 0.05 acre in 
the northeast corner of the park. The Department of Natural Resources 
approved issuance of the easement that would allow access to land 
owned by Frank Butler, who donated the portion of the park on which 
the parcel was located. 

On motion by Mr. Christian, seconded by Mr. Williams and adopted 
without objection, the Trustees authorized issuance of the easement 
for public road purposes. 



ALACHUA COUNTY - Easement. 

On motion by Mr. Christian, seconded by Mr. Williams and adopted 
without objection, the Trustees authorized issuance of an easement 
approved by the Board of Regents on September 18, to the City of 
Gainesville for extending sanitary sewer lines over lands of the 
University of Florida in Section 18, Township 10 South, Range 20 
East, in Alachua County. 



BREVARD COUNTY - Dedication, File No. 2328-05-253.03. 
By resolution adopted June 23, 1970, the City of Cocoa requested 
dedication of 4.45 acres of sovereignty land in the Indian River 
abutting Sections 33 and 34, Township 24 South, Range 36 East, 
Brevard County, landward of the bulkhead line approved by the Board 
of Trustees on January 27, 1970, for use as a wayside park adjacent 
to State Road No. 520 to be constructed by the Department of 
Transportation . 

The City of Cocoa had reconveyed to the Trustees land previously 
dedicated in the area, as required by the Trustees in meeting of 
January 27, 1970. The biological report dated August 15, 1969, made 
at the time the bulkhead line was being relocated, was adverse to 
filling and there had been some controversy as to where the park 
should be located. The proposed 10-acre fill had been reduced to 
4.45 acres, and while the biological report was adverse as to all the 
site, the parcel would provide a public park. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, the Trustees waived the two-weeks' advance agenda 
period and authorized advertisement of the parcel for objections 
only. 



SARASOTA COUNTY - Disclaimer, File No. 2366-58-253.129. 
On motion by Mr. Christian, seconded 'by Mr. Adams and adopted without 
objection, the Trustees authorized issuance of disclaimer in com- 
pliance with provisions of Section 253.129 Florida Statutes, for 
$100 processing fee, applied for by William Neil Benton on behalf 
of Michael J. Furen, for a parcel of filled sovereignty land 
embracing 0.42 acre in Roberts Bay abutting Section 1, Township 
37 South, Range 17 East, Sarasota County. 



SARASOTA COUNTY - Quitclaim Deed, File No. 2356-58-253.12(6) 
On motion by Mr. Christian, seconded by Mr. Williams and adopted 
without objection, the Trustees confirmed action by four members on 
September 22 approving issuance of a quitclaim deed in compliance 
with provisions of Section 253.12(6) Florida Statutes, to filled 
sovereignty land embracing 0.45 acre in Little Sarasota Bay abutting 
Sections 19 and 20, Township 37 South, Range 18 East, Sarasota 
County, at the appraised value of $475 for the parcel, plus $100 



10-6-70 



91 



processing fee and the appraisal costs. The applicant for the 
quitclaim deed was C. Archer Smith, represented by J. Douglas 

Ernest. 



DADS COUNTY - The Department of Transportation requested further 
deferment of its request for a temporary borrow area easement of 
approximately 23 acres in Dumfounding Bay in Dade County for fill 
material to be used on uplands in connection with construction of 
State Road 852 (192nd Street) . 

Mr. Adams said he was prepared to vote against this application 
again, was pleased that it was deferred, and hoped a solution could 
be reached that would not only save some money but would preserve 
more estuarine areas. The Director said no reason for the request 
for deferment was given. 



PALM BEACH COUNTY - Marina License, Section 253.03 Florida Statutes 
On motion by Mr. Dickinson, seconded by Mr. Adams and adopted 
without objection, the Trustees approved issuance of a marina 
license to Ronald G. Sinn who had submitted payment of $128.69 for 
the first year's fee for a marina facility in Lake Worth adjacent 
to upland in Section 28, Township 42 South, Range 43 East, Palm 
Beach County, for the mooring of applicant's charter fishing boat. 



LEVY COUNTY - Aquaculture Lease. 

Staff requested authority to advertise for bids and objections on 
an aquaculture lease application from Ocean Farms, Inc., by Gerald 
Golub, president, embracing approximately 40 acres near Cedar Key 
in Levy County for cultivating oysters. The biological survey 
report was not adverse. 

Mr. Adams noted that this was the company that had caused some 
difficulty in the Indian River by creating some obstruction, and 
he thought the Board should determine just what was proposed to be 
done before authorizing advertisement. 

The Director had received word that the County Commission might 
oppose this application. 

Without objection, action was deferred pending receipt of further 
information. 



POLICY - Offshore Campsite Lease Rentals. 

The staff, thinking that fees should be more representative of 
current conditions and competitive with private campsite rental 
fees, requested authority to increase rentals for offshore 
(stiltsville) campsite leases when such leases are renewed. The 
following rates were suggested: $300 year minimum for one-fourth 
acre or less, $500 per year for one-half acre, and $900 per year 
for one acre . 

The present rate was $100 for a one-acre site, which the staff had 
compared with rates for other similar small structures. The 
Director recommended that one-fourth acre become the standard 
size rather than one acre, and that the application for a site 
in Monroe County on this date be considered on the basis of the 
increased rate. 

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



10-6-70 



92 



without objection, the Trustees increased the rentals for offshore 
campsite leases when such leases are renewed to the rates suggested 
by the staff. 



MONROE COUNTY - Campsite Lease for Private Use of Offshore Site. 
W. B. Hannum, Jr., applied for a campsite lease for an existing 
structure near Man Key in the Gulf of Mexico in Monroe County. The 
lease area would not exceed one-fourth acre, the current annual 
rental was $100 for one-year lease with option to renew for four 
additional years. The staff placed the application on the agenda 
and recommended lease in accordance with the policy adopted on April 
7, 1970, which stated, in part: "Require all structures in existence 
to be under lease for so long as the structure remains in existence." 

On motion by Mr. Christian, seconded by Mr. Adams and adopted without 
objection, the Trustees approved issuance of the campsite lease 
under the new rental rate of $300 per year for the one-fourth acre 
site . 



COLLIER COUNTY - At the request of Governor Kirk, the Director 
suggested deferment of consideration of oil and gas drilling lease 
applications from Sun Oil Company and Humble Oil and Refining Com- 
pany. The Governor said that supporting maps were on hand this 
week, but Mr. Christian said he would like further study made. 

Without objection, the Trustees again deferred consideration of the 
applications for advertising of oil and gas drilling leases in 
Collier County. 



CHARLOTTE COUNTY - Oil and Gas Drilling Lease Advertisement. 
Amerada Hess corporation requested advertisement for sealed bids 
for an oil and gas drilling lease of the reserved one-half interest 
of the Board of Education in the Petroleum in privately-owned 
Section 16, Township 41 South, Range 27 East, Charlotte County. 

The State Geologist concurred in the staff recommendation that the 
Trustees advertise for sealed bids for a five-year oil and gas 
lease covering the reserved one-half interest of the Board, lease 
to require annual rental of one dollar per net mineral acre, one- 
eighth royalty, $50,000 surety bond and at least one test well every 
two and one-half years to a depth of six thousand feet or to the 
top of the Lower Cretaceous, whichever is deeper. 

On motion by Mr. Christian, seconded by Mr. Dickinson and adopted 
without objection, the Trustees accepted the staff recommendation 
for advertisement for sealed bids. 



CITRUS COUNTY - Dredge Permit for Maintenance Dredging, 

File No. 253.123-589A. 
J. Thomas Jordon requested permit for maintenance dredging to 
improve navigation in Old Channel of Withlacoochee River in Section 
24, Township 17 South, Range 19 East, Citrus County, 500 ft. long, 
30 ft. wide and 5 ft. deep, for which $50 application fee was 
submitted and the biological report was not adverse. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees approved the staff recommendation 
for issuance of the permit subject to requirement that a plug shall 
remain at the river entrance until completion of dredging in the 
old channel, and all spoil material will be placed above mean high 
water line. 



10-6-70 



93 



DUVAL COUNTY - Dredge Permit for Maintenance Dredging, 

File No. 253.123- 635. 
Jacksonville Electric Authority applied for maintenance dredging 
permit to improve navigation in the St. Johns River in Section 24, 
Township 1 South, Range 27 East, Duval county, for which $50 appli- 
cation fee was submitted and the biological report was not adverse. 

On motion by Mr. Adams, seconded by Messrs. Dickinson and Christian 
and adopted without objection, the Trustees accepted the staff 
recommendation for approval subject to requirement that spoiling 
be done on upland and dikes maintained at all times to contain the 
spoil material. 



ESCAMBIA COUNTY - Dredge Permit for Beach Nourishment, 

Section 253.123(2) (c) 
On motion by Mr. Adams, seconded by Messrs. Dickinson and Conner 
and adopted without objection, the Trustees approved the application 
of William Soule to dredge 30,000 cubic yards of material from 
Pensacola Bay adjacent to Sections 50 and 51, Township 2 South, 
Range 30 West, Escambia County, to be deposited on beach areas 
lost by erosion resulting from Hurricane Camille. The biological 
report was not adverse, and. the Bureau of Beaches and Shores had 
no objection to the project. 



OKALOOSA COUNTY - Section 253.03 Florida Statutes. 
Horace H. Higdon applied for a permit to reclaim a portion of his 
upland lost by avulsion caused by Hurricane Camille. Field inves- 
tigation by staff members of the Trustees and the Department of 
Natural Resources in September and October 1969 confirmed the loss 
and authorized the construction subject to applicant filing formal 
application. All required exhibits including $50 for the material 
to be removed from Five Mile Bayou were submitted. 

On motion by Mr. Conner, seconded by Mr. Adams and adopted without 
objection, the Trustees approved the application for permit. 



HILLSBOROUGH COUNTY - Maintenance Dredging Permits. 
On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees approved two applications from 
Tampa Electric Company for $50 each, provided the spoil was placed 
in existing spoil areas authorized under SAJSP Permit (57-463) , the 
projects described as follows: 

(1) File No. 253.123-646 for dredging 250 ft. long, 
150 ft. wide and minus-32 ft. deep in Port Sutton 
Channel in Section 33, Township 30 South, Range 19 
East, Hillsborough County. 

(2) File No. 253.123-649 for dredging 570 ft. long, 25 ft. 
wide and minus-32 ft. deep in Sparkman Channel in 
Section 19, Township 29 South, Range 19 East, 
Hillsborough County. 

The biological report was not adverse. 



BAY COUNTY - Dredge Permit to Improve Navigation, Section 253.123. 
The Board of County commissioners of Bay County requested permit 
to dredge a channel in Grand Lagoon in Township 4 South, Range 15 
West, from which the material would be deposited on the beach as 



10-6-70 



94 

approved by the Bureau of Beaches and Shores and Recreation and Parks, 
The biological report was not adverse to the dredging and supple- 
mental report approved the new spoil area. 

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



INDIAN RIVER COUNTY - Dredge Permit to Improve Navigation, 

File No. 253.123-654. 
The City of Vero Beach requested permission to dredge a temporary 
channel 1,250 ft. long, 50 ft. wide and 4.5 ft. deep (MLW) in the 
Indian River in Sections 17 and 18, Township 33 South, Range 30 East, 
Indian River County, to improve navigation for installing a power 
line. $50 application fee was submitted, the biological report was 
not adverse, and the spoil would be replaced by applicant after 
completion of the project. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted without 
objection, the Trustees approved the application for dredge permit. 



LEE COUNTY - Seawall and Backfill, Section 253.03 F. S., SAJSP Permit 

(70-388) 
The application of Elmer E. Handy for a permit to construct a seawall 
and backfill along the foreshore of the Caloosahatchee River (FCD Canal 
C-43) to prevent erosion and loss of upland, was deferred at Mr. Adams' 
question regarding the source of the backfill material. 



LEE COUNTY - Dredge Permit to Improve Navigation, File 253.123-640. 
Old Bridge Park Corporation applied for a dredge permit to improve 
navigation in the Caloosahatchee River in Section 1, Township 44 
South, Range 24 East, Lee County. The biological report indicated 
limited adverse effects might be expected from this channel 2,200 ft, 
long, 50 ft. wide top cut, and 5 ft. deep (MLW) . $50 application 
fee was submitted. 

On motion by Mr. Christian, seconded by Mr. Williams and adopted 
without objection, the Trustees approved the staff recommedation 
for issuance of the permit subject to requirement that the spoil be 
placed on upland in accordance with biologists' recommendations, 
behind adequate dikes, and waste water wiers be directed back into 
the channel and not through adjoining marsh and mangrove. 



LEE COUNTY - Dredge Permit to Improve Navigation, 

Section 253.123 Florida Statutes. 
On September 22 the Board deferred action on the application from 
John T. Sheets for a permit to dredge a navigation channel 2,800 ft. 
long, 50 ft. wide top cut, 5 ft. deep (MLW) in Manatee Bay, Matlacha 
Pass, adjacent to Section 23, Township 45 South, Range 22 East, in 
Lee County. The applicant tendered $50 application fee and subse- 
quent to that date he agreed to pay the standard fee for the 10,000 
cubic yards of material to be removed. The biological report 
indicated limited adverse effects on marine life from the project. 

Mr. Apthorp said an objection was received on October 5 from the 
Organized Fishermen of Florida. He said this was a legitimate 
navigation need but the applicant had agreed to pay for the material 
and staff recommended approval subject to receipt of $1,000 payment. 



10-6-70 



95 



Mr. Adams pointed out that it was difficult for the staff in the 
light of present criteria to determine just when fill material 
should be charged for and when it should not, but recently when 
applicants had requested permits for navigation channels they had 
offered payment for material for use on low-lying lands. Mr. Adams 
suggested a policy change, which his staff members had been consider- 
ing and would discuss with the Trustees' office staff. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees approved Mr. Sheet's application 
for a dredge permit to improve navigation subject to receipt of 
payment for the spoil material. 



MANATEE COUNTY - Dredge and Fill Permits, 

File Nos. 253.123-561 and 253.124-126. 
N. J. Cowart, Trustee, and C. H. Wooten applied for permit to 
dredge a total of 314,000 cubic yards of fill material from existing 
and proposed navigation channels and to deposit fill upon submerged 
lands purchased from the Board by the Estate of Bessie Richards, 
Deed Nos. 24887 and 24888(355-41). It was determined that 264,100 
cubic yards of the total amount would be dredged from state-owned 
land. The Trustees deferred action on August 4 (see minutes of 
that date) and directed that the land be appraised to determine if 
the exchange of fill material for land proposed to be reconveyed 
to the Trustees would be comparable in value. The staff appraiser 
valued the 7.16 acres of land at $4,500. A computation of fill 
material indicated that 264,100 cubic yards would be valued at 
$26,410. On the basis of an equal exchange from a monetary stand- 
point, the applicant should remit $21,910 for the fill. 

Staff recommended approval of periflit upon payment of $21,910 for 
material and conveyance of 7.16 acres of land valued at $4,500. 

William C. Grimes, attorney representing the applicants, said the 
original application requested permission to dredge and fill 
entirely within lands owned by the applicants, that applicant had 
agreed to modify the plan, to convey a portion of their land to 
the state, and to get the necessary material by dredging existing 
channels. Applicants were willing to abide by the staff recommen- 
dation, he said, except for the money involved. They would agree 
to pay what they considered a fair amount as a solution, $4,930, and 
the deepening of existing channels would be a public benefit. Mr. 
Adams discussed the prices mentioned and the reconveyance of land 
to the state, stating that he thought the Board had no basis for 
going beyond the figure fixed by the staff. The staff appraiser 
had found the islands of less value than it appeared at first, and 
the Director said the difference of $21,910 was the only basis the 
staff could recommend. 

Mr. Adams made a motion, seconded by Mr. Christian, that the staff 
recommendation be accepted. Instead of accepting the staff recom- 
mendation, Mr. Grimes requested approval of the applicants' original 
application to dredge and fill entirely within the limits of the 
property owned by the applicants. The Director said that original 
application had never been before the Board, but the staff could 
bring it to the Trustees for consideration. 

The Trustees adopted the motion made by Mr. Adams that the staff 
recommendation for approval of permit upon payment of $21,910 for 
material and conveyance of 7.16 acres of land valued at $4,500 
be accepted as the action of the Board. In the event the appli- 
cants do not accept that proposal, they might bring an alternate 



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96 



proposal to the Trustees for consideration. 



OKEECHOBEE COUNTY - Dredge Permit to Improve Navigation, 

File No. 253.123-637. 
Taylor Creek Isles, Inc., applied for permission to dredge four 
channel connections 80 ft. wide and 6 ft. deep in Taylor Creek in 
Sections 26 and 35, Township 37 South, Range 35 East, Okeechobee 
County. $50 application fee was submitted. 

Central and Southern Florida Flood Control District had no objection, 
and Florida Game and Fresh Water Fish Commission biological report 
was not adverse. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted without, 
objection, the Trustees accepted the staff recommendation for approval 
of the dredge permit subject to requirement that a plug shall be left 
in the canal at Taylor Creek until upland dredging is completed and 
all material removed shall be placed above the mean high water line. 



MONROE COUNTY - Dredge Permit to Improve Navigation, 

Section 253.03 Florida Statutes, File No. 32. 
Charles Kinsell applied for a permit for the construction of a 
perimeter channel 50 ft. wide, 5 ft. deep and 12,500 ft. long, and 
five access channels 150 ft. long and 5 ft. deep in Section 36, 
Township 60 South, Range 39 East, Lake Surprise and Sexton Cove, 
Monroe County. The application was filed prior to adoption of the 
policy requiring $50 processing fee. 

The biological report was partially adverse. The original applica- 
tion filed in 1968 was totally adverse but applicant revised plans 
to lessen the adverse effects. The material removed would be placed 
above the mean high water line. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted without 
objection, the Trustees approved issuance of the dredge permit to 
improve navigation. 



PALM BEACH COUNTY - Dredge Permit to Improve Navigation, 

File No. 253.123-599. 
Investment Corporation of Florida, represented by Gee and Jenson, 
applied for permission to dredge a navigation channel 30 ft. long, 
100 ft. wide, 5 ft. deep, in Lake Wyman in Section 17, Township 47 
South, Range 43 East, Palm Beach County. Applicant submitted $50 
application fee and $50 minimum payment for the material to be 
removed. The biological report indicated limited adverse effects. 

On motion by Mr. Adams, duly adopted, the Trustees authorized issu- 
ance of the dredge permit. 



PUTNAM COUNTY - Dredge Permits. 

(A) Dredge Permit to Improve Navigation, File 253.123-540. 
Ernest K. Combs applied for a dredge permit for a navigation 

channel 700 ft. long, 50 ft. wide and 5 ft. deep in the St. Johns 
River in Section 33, Township 11 South, Range 26 East, Putnam County. 
Applicant submitted $50 application fee. The biological report from 
the Department of Natural Resources was not adverse. 

Staff recommended approval subject to requirement that no spoiling 
be done below the elevation of 1.1 ft. mean sea level. 

(B) Dredge Permit and Post Dredging Settlement, Section 253.123 F.S. 



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97 



Ernest K. Combs applied for permission to complete construction of 
a navigation channel and to make a connection to an upland boat 
basin (constructed on applicant's upland) in the St. Johns River 
adjacent to his upland in Crosby Grant in Township 12 South, Range 
26 East, Putnam County. The channel will be 50 ft. wide parallel- 
ing the shoreline, 350 ft. long and 5 ft. deep, and approximately 
100 ft. of channel had been completed before applicant was asked to 
stop work and make application for the required state permit. The 
biological report from the Department of Natural Resources was 
not adverse. 

Applicant tendered check for $1,028.30 as payment for 3,427.66 
cubic yards of material, representing payment for all material at 
the penalty rate of 30C per cubic yard. The Director pointed out 
that this would exceed the penalty rate for that part done without 
permit. 

Motion was made by Mr. Williams, seconded by Mr. Christian and 
adopted without objection, that the dredge permits be approved 
as recommended by the staff. 



VOLUSIA COUNTY - Dredge Permit to Improve Navigation, 

Section 253.123 Florida Statutes. 
B. F. Goodrich made application prior to adoption of the policy 
requiring $50 processing fee, for permission to dredge a perimeter 
channel 136 ft. long, 40 ft. wide top cut and 5 ft. deep (MLV7) , 
and an access channel 50 ft. long, 30 ft. wide top cut, and 5 ft. 
deep (MLW) adjacent to Section 5, Township 19 South, Range 35 East, 
in the Indian River in Volusia County. 

The biological report was not adverse. Applicant tendered $86.80 
in payment for 868 cubic yards of material to be removed, as the 
project was located within an aquatic preserve. Answering Mr. 
Adams' question regarding dredging in an aquatic preserve, the 
Director referred to the policy adopted by the Trustees on November 
18, 1969, permitting reasonable navigation channels but requiring 
payment for all material excavated at 10C per cubic yard to compen- 
sate for damage to the marine biological environment in an aquatic 
preserve . 

Without objection, the Trustees approved issuance of the dredge 
permit for navigation channels. 



LEE COUNTY - Cape Coral Survey and G. A. C. Settlement. 
The Director discussed the matter of encroachment and overdredging 
in the Caloosahatchee River done between 1959 and 1965, negotiations 
begun before he became director, conferences between representatives 
of the Trustees and General Acceptance corporation, and a settle- 
ment recommended by the staff in accordance with the report to the 
Board on September 1, 1970. To conclude the matter the Director 
recommended (1) that settlement in the amount of $731,503.78 be 
used as a credit by the Board to acquire lands owned by G.A.C. in 
the Fakaha tehee Strand, the valuation of such land to be determined 
by an appraisal by a M.A.I, appraiser; (2) that timetable for such 
acquisition be coordinated with the Department of Natural Resources, 
Division of Recreation and Parks and their acquisition program of 
the Strand, that Department administering the acquisition; (3) that 
$33,800 cash be tendered to the Board by G.A.C. in payment for the 
surveys contracted and executed for and on behalf of the Trustees 
in connection with this settlement, such monies to be deposited 
with the Board within ninety days; (4) that the subject surveys 
and methods of survey in no way be considered as establishing a 



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98 



precedent for locating boundary lines or determining quantities of 
fill removed from state lands in any future matters requiring 
surveys or earthwork computations between the Board and G.A.C.; 
(5) that an appropriate instrument clearing title to the area 
affected by encroachment be issued by the Board to G.A.C. or others 
as may be required to perfect title to the subject lands, this action 
in the settlement conveying title to be considered as a land exchange 
between the Board and G.A.C. 

Important in the consideration was the fact that the title of about 
280 parties who had purchased lots from G.A.C. was clouded by the 
illegal dredging and filling of Gulf American, predecessor in title 
of G. A. C. Properties, Inc. 

The Director explained the penalty approach used by the staff. The 
profit approach considered with the assistance of the Trustees' 
appraiser had resulted in about the same settlement figure, and the 
Director renewed his recommendation of a total settlement of 
$765,303.78. 

Mr. Joel Kuperberg, representing Conservation 70s, read a letter 
from Lee County Conservation Association which stated that they 
considered the proposal inadequate compensation for the trespass on 
sovereignty state lands and steps should be taken to penalize the 
illegal operation. As executive director of Collier county Conser- 
vancy, Mr. Kuperberg expressed concern at the difference in 
surveying methods and urged the Board to preserve the entire marsh 
area that supports the Ten Thousand Islands. 

Secretary of State Adams said the Board had the responsibility to 
resolve the situation as it relates to the public interest and also 
to the property owners. He thought the settlement was not suffi- 
cient and would recommend $1,621,000 as the required settlement 
amount. He was also concerned at the different approaches taken by 
the two surveyors in determining the high water mark, since by one 
technique it appeared that the state would be surrendering many 
acres of estuarine fringes. Thirdly, Mr. Adams said the Board 
should evaluate the Fakahatchee Watershed as a whole to try to 
determine what can be done to preserve the estuarine system. 

The Director discussed some of the points raised, said that many of 
the lots were only partially affected by the overfill, and he 
reviewed the appraiser's approach in making an estimate of what 
the developer's profits might have been. With reference to the 
surveys, the staff had employed two reputable surveying firms and 
had two pieces of engineering work done by professional engineers. 
Both methods used were valid, he said, as a method of locating the 
line of mean high water which was difficult to do with legal suffi- 
ciency in areas such as these. Someone professionally competent had 
to make that determination, and the staff would go to court if 
necessary to defend the public's land, and would hope to sustain 
in court the Board's right to assess penalties. 

In view of Mr. Adams' concern, Mr. Christian made a motion, seconded 
by Mr. Williams, that the Trustees defer action pending a study of 
the survey methods. 

Mr. G. J. Turner, vice president of G.A.C. Properties, inc., spoke 
of his previous appearance before the Board, the offer that had 
been presented to the Board then, the difference in surveying 
techniques, and stated for the record that they did not feel 
there was any trespass on the state's land. The firm had filed 
for after-the-fact permits before penalties were set up, and felt 



10-6-70 



99 



that the matter should be settled as quickly as possible and not 
deferred as it could go on for many years. 

Mr. Richard D. DeBoest, attorney for the firm, said he had worked 
on this matter with staffs of the Trustees for three and a half 
years, that the work started in 1958 shortly after passage of the 
Bulkhead Act followed the usual practice of developers, the value 
of estuarine fringes was not commonly known, nobody knew where the 
mean high tide line was until substantially all this development 
work had been completed, and the Florida Supreme Court had stated 
that when the mean high tide line could not be determined by 
ordinary engineering methods they could use the meander line - 
which in this case was actually much further out in the river. The 
firm made applications in many areas in the original Cape Coral 
section that were approved but due to a failure of communications 
were not followed through, and now many years later they find one 
member of the Board asking for a settlement more than twice what 
their actual profit was. He said the company had also offered some 
20,000 acres of the Fakahatchee land to the state, and had appeared 
before the Board in good faith ever since 1967 in an effort to 
resolve the matter, being delayed first by moratoriums, then engineer- 
ing and survey reports - and in the meantime ecology became more and 
more a matter of public interest and people consider the land more 
and more valuable. He protested that the application filed in 1967 
has been delayed for years and the company had made every effort 
to explain the situation and get it settled. 

Mr. Adams agreed that a settlement should be reached, but it should 
be equitable and in the light of conflicting surveys the Board had 
to be assured. Governor Kirk noted that this was the first time 
the staff had brought a complete recommendation to the Board, and 
members might want to examine parts of it. 

The Director said the staff could make a written report to the 
Board on the points discussed and others with respect to engineering 
techniques and the values that had been considered. 

On the motion made by Mr. Christian, seconded by Mr. Williams and 
adopted without objection, the Trustees deferred action. 



SUBJECTS UNDER CHAPTER 18296 

REFUNDS - Murphy Act. On motion by Mr . Christian, seconded by 
Mr. Dickinson and adopted without objection, the Trustees 
authorized refund of $15 each to three applicants for release 
of state road right of way reservations contained in Murphy Act 
deeds for the reason that the Department of Transportation did not 
recommend release of the reservations, as follows: 



(1) 
(2) 
(3) 



$15 refund to Real Estate Title Company - Hillsborough 

County Murphy Act Deed No. 08-Chapter 21684 

$15 refund to Bornstein, Petree and Gluckman - 

Orange County Murphy Act Deed No. 382 

$15 refund to Gordon C. Huie - polk county Deed No. 570. 



On motion duly adopted, the meeting 




100 



ATTEST 




Tallahassee, Florida 
October 13, 1970 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met 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 



James W. Apthorp Executive Director 



FLAGLER COUNTY - Dredge Permit to Improve Navigation, 

Section 253.123 Florida Statutes. 
ITT Levitt Development Corporation applied for permission to connect 
three canals 200 ft. wide top cut, 12 ft. deep mean low water, to 
the Intracoastal Waterway at the following locations: Canal 1 in 
Section 29, Township 10 South, Range 31 East; Canal 2 in Section 32, 
Township 10 South, Range 31 East; and Canal 3 in Section 38, 
Township 11 South, Range 31 East, Flagler County. Applicant 
tendered $50 processing fee for the permit. 

The biological survey report was not adverse. 

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



LAKE COUNTY - Dock Permit, Section 253.03 Florida Statutes. 
W. R. Henderson applied for after-the-fact dock permit for a private 
dock with covered deck in Lake Louisa adjacent to his upland property 
in Government Lot 4, Section 7, Township 23 South, Range 26 East, Lake 
County. The dock had been constructed with all required local permits, 
but without state permit for this particular structure. The covered 
deck had the appearance of living quarters, but the applicant advised 
the staff that it would be used for games, outboard motor and fishing 
gear storage, and not for living purposes. 

Through negotiation the staff instructed Mr. Henderson to submit 
$100 as payment for permit, which he did. The staff recommended 
approval . 

On motion by Mr. Williams, seconded by Mr. Adams and adopted 
unanimously, the Trustees authorized issuance of after-the-fact 
dock permit as recommended by the staff. 



10-13-70 



101 



LEE COUNTY - Construction of Seawall and Backfill, 

Section 253.03 F. S., SAJSP Permit (70-388) 
Elmer E. Handy applied for permit for a seawall and backfill along 
the foreshore of the Caloosahatch.ee River (FCD Canal C-43) in 
Section 19, Township 43 South, Range 27 East, Lee County, with the 
material to be trucked in. The construction will be above normal 
high water line of the river; however, it would be affected by the 
impoundment of water and Central and Southern Florida Flood 
Control District issued letter of no protest to the project. The 
construction will prevent erosion and loss of upland, and will 
reduce turbidity in the area. 

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



MARION COUNTY - Dredge Permit to Improve Navigation, 

Section 253.123 Florida Statutes. 
Charles A. Savage applied for permission to dredge a navigable 
channel 4,500 ft. long, 30 ft. wide top cut, 5 ft. deep mean low 
water, and a boat basin 200 ft. long, 100 ft. wide and 5 ft. deep 
in Halfmoon Lake in Sections 31 and 32, Township 15 South, Range 
25 East, Marion County. 

The application was revised in accordance with the recommendations 
in the biological report. The project was now considered to be 
acceptable. All material removed would be placed on uplands. 

Mr. Adams noted that a portion of the dredging would be done on 
privately-owned land and asked if applicant would be required to 
pay for the material dredging from state land. The Director 
explained that the channel bordered national forest land princi- 
pally, that the National Forest Service in granting permit to the 
applicant required a number of protective measures and required 
him to make an embankment along the channel and plant grass. in 
view of that, the staff felt that permit should be granted without 
payment for material. 

On motion by Mr. Williams, seconded by Mr. Dickinson and adopted 
without objection, the Trustees approved issuance of the dredge 

permit. 



MONROE COUNTY - Dredge Permit to Improve Navigation, 

File No. 253.03-205. 
William E. Olson applied for pef mission to dredge a navigation 
channel 400 ft. long, 45 ft. wide and 5 ft. deep in Pine Channel 
at Big Pine Key in Section 27, Township 66 South, Range 29 East, 
in Monroe County. $50 application fee was tendered and $106.30 
as payment for 1,063 cubic yards of material to be removed. The 
latter payment was offered after the application was deferred on 
September 22 at Mr. Adams' request. The biological report was 
partially adverse, but applicant had revised his work plan in 
accordance with the recommendations. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted, 
v/ithout objection, the Trustees approved issuance of the dredge 
permit. 



NASSAU COUNTY - Dredge Permit to Improve Navigation, 

File No. 253.123-474. 
On April 28, 1970, the Trustees approved a permit to Interpace 
Corporation to connect a 100-ft. wide navigation channel to 



10-13-70 



102 



Kings ley Creek in Nassau County, which was subsequently revised in 
accordance with recommendations of the United States Fish and Wild- 
life and other concerned agencies. 

Applicant requested permission to amend the project in accordance 
with recommendations by dredging a channel 2,200 ft. long, 6 ft. deep, 
100 ft. wide, in Amelia River and on applicant's upland in Sections 
63 and 64, Township 3 North, Range 28 East, Nassau County, the spoil 
from which will be placed on upland property. The biological report 
was partially adverse. Applicant had stated that all spoiling would 
be done above mean high water and staff recommended approval. 
Mr. Williams made a motion for approval. 

Mr. Adams noticed on the map that depths in the Amelia River were 
indicated in some places as 6 ft., 12 ft., 16 ft., commenting that 
it would not be necessary to dredge to get a 6 ft. deep channel in 
those areas. The Director suggested that a stipulation could be 
written into the permit to allow dredging where necessary to get a 
minimum 6 ft. depth for navigation. 

On that basis motion was made by Mr. Adams, seconded by Mr. Dickinson 
and adopted without objection, that the application be approved. 



PASCO COUNTY - Fill Permit, Section 253.124(7), to Reclaim Lands 

Lost by Artificially-induced Erosion, 

Chapter 70-333, Acts of 1970. 
On motion by Mr. Faircloth, seconded by Mr. Williams and adopted 
unanimously, the Trustees approved the request of the City of New 
Port Richey for a permit to reclaim land lost by artificially-induced 
erosion caused by boat traffic and existing seawalls in Section 32, 
Township 25 South, Range 16 East, Pithlachascotee River in Pasco 
County. The fill area would be seawalled, the material trucked in, 
and proposed construction would be within 25 feet of the existing 
mean high water line. 



PINELLAS COUNTY - Dredge and Fill Permit Deferred. 

At the request of the Director, the Trustees deferred consideration 
of an application from Madeira Garden Apartments for a maintenance 
dredging permit, because of information received by the staff after 
preparation of the agenda. Mr. Adams pointed out that this was one 
of a number of violations previously discussed and efforts were being 
made to resolve the problem with the owners. 



ST. LUCIE COUNTY - Dredge Permit, Section 253.123 Florida Statutes, 

File No. 2 53.123-623. 
On motion by Mr. Williams, seconded by Messrs. Faircloth and Adams, 
and adopted without objection, the Trustees approved the applica- 
tion from Florida Power and Light Company to revise its permit 
approved by the Board on June 16, 1970, to increase the dredge 
depth from 40.0 to 55.0 feet. There would be no change in the 
size of the dredge area or the quantity of material, but it had 
been found that material from a lesser depth was not suitable for 
filling. 



ESCAMBIA, WALTON. GADSDEN AND JEFFERSON COUNTIES - Lease. 
Surplus welcome stations in the above counties, no longer needed 
due to changes in tourist traffic flow, were made available by the 
Department of Commerce and all state departments had been notified, 
The staff was advised that the Department of Agriculture and 
Consumer Services had need of all four stations, and 10-year lease 
with option to renew was recommended . 



10-13-70 



103 



On this date the Director reported that the Department of Agriculture 
and Consumer Services had requested a deferment, which was granted. 



SANTA ROSA COUNTY - Oil and Gas Lease to be Advertised. 
Sun Oil Company requested advertisement for sealed bids for an oil 
and gas drilling lease of the reserved one-half petroleum interest 
held by the State of Florida in the privately-owned land described 
as the South 22-1/2 chains of Government Lot 2, Section 12, Township 
5 North, Range 30 West, Santa Rosa County, containing 44.995 acres, 
more or less. The reserved interest of the state was by virtue of 
Murphy Act Deed No. 272 dated January 5, 19 45. 

The staff recommended an increase from the usual one-eighth to 
one-sixth minimum royalty due to the close proximity of this 
tract to the discovery well in Jay, Florida. The State Geologist 
concurred in the staff recommendation to advertise the land for 
sealed bids for a five-year oil and gas drilling lease pursuant 
to law, lease to require an annual rental of $1 per net mineral 
acre, one-sixth royalty, $50,000 surety bond, and at least one 
test well every 2 1/2 years of the lease term to a depth of 6,000 feet 
or to the top of the Smackover Formation, whichever is deeper. 

On motion by Mr. Christian, seconded by Mr. Conner and adopted 
without objection, the Board, authorized advertisement for bids as 
recommended by the staff. 



SHELL LEASE INCOME REPORT - The Trustees accepted for the record 
the following report of remittances to Florida Department of 
Natural Resources from holders of dead shell leases : 



Lease No. 


1718 
1788 
2233 



Company Amount 

Radcliff Materials Inc. $ 151.03 

Benton and Company, Inc. 12,352.58 

Bay Dredging & Construction Co. 5,801.39 



PALM BEACH COUNTY - Marina License, Section 253.03 Florida Statutes. 
Norman A. Cortese, Vice President of Arvida Corporation, applied 
for a marina license for a docking facility in Lake Boca Raton 
adjacent to upland in Section 29, Township 47 South, Range 43 East 
Palm Beach County, to be used by owners at the Lake House South 
Condominium. Staff recommended approval at the minimum annual fee oi 
$231.83. 

On motion by Mr. Williams, seconded by Mr. Adams and adopted without 
objection, the Trustees authorized issuance of marine license to thj 
applicant . 



On motion duly adopted, the meeting w 



ATTEST 




U^Sy- 



CufiVE DIREC 




10-13-70 



104 



Tallahassee, Florida 
October 20, 1970 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met 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. Apthorp 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Executive Director 



The minutes of the meeting on October 6, 1970, were approved as 
submitted. 



ESCAMBIA COUNTY - Bulkhead Line Location, Section 253.122 F. S. 
Right of Way Easement, File 2367-17-253.03 
Fill Permit, Section 253.124 Florida Statutes 
On motion by Mr. Faircloth, seconded by Mr. Adams and adopted 
without objection, the Trustees approved three applications relating 
to state highway construction in Escambia County, as follows: 

(1) Bulkhead Line Location. The Board of County Commissioners 
by resolution adopted August 7, 1970, established a bulkhead line 
460.72 feet long in Perdido Bay at Millview in Section 14, Township 

2 South, Range 31 West , , Escambia County, to accommodate construction 
of State Road 298. The biological report was not adverse, and all 
fill material would be trucked to the site. 

(2) Right of Way Easement. The Department of Transportation was 
granted an easement embracing 0.32 acre in Perdido Bay that would 
be filled in Section 14, Township 2 South, Range 31 West, and an 
easement embracing 0.16 acre in Robinson Bayou in Sections 13 and 
14, Township 2 South, Range 31 West, for which construction plans 
did not indicate any dredging or filling in Robinson Bayou. The 
biological report dated July 7, 1970, was not adverse to filling 
the parcel in Perdido Bay with trucked-in fill material. 

(3) Fill Permit. The Department of Transportation was granted 

a permit to fill approximately 0.32 acre of submerged land adjacent 
to Section 14, Township 2 South, Range 31 West, in Perdido Bay, 
Escambia County, with material trucked in from an upland borrow area, 
The permit will issue to the successful contractor. Biological 
report was not adverse . 



DADE COUNTY - Disclaimer, File 2368-13-253.129. 

Mercy Hospital, Inc., a Florida corporation not for profit, represented 
by Wyatt Johnson, applied for a disclaimer pursuant to Section 253.129 
Florida Statutes, to a parcel of land filled prior to May 29, 1951, 
in Biscayne Bay abutting a portion of Tract 4 Vizaya - James Deering 
Estate, Plat Book 34, Page 46 of the Public Records of Dade County. 
The parcel also abuts Section 40, Township 54 South, Range 41 East, 
Jonathon Lewis Donation and contains 7.755 acres, more or less. 

On motion by Mr. Williams, seconded by Mr. Adams and adopted without 
objection, the Trustees authorized issuance of the disclaimer for 
the usual $100 processing fee. The Board executed the instrument 
that had been properly prepared and approved by the office of the 
Attorney General. 



MONROE COUNTY - Fill Permit, File No. 253.03-212, 
and Temporary Borrow Easement. 

On motion by Mr. Adams, seconded by Mr. Faircloth, and adopted without 
objection, the Board approved the following two applications from the 
Department of Transportation related to road work at Boca Chica in 
Monroe County: 



10-20-70 



105 

(1) The Department of Transportation was granted approval of fill 
permit for approximately 1.5 acres in Boca Chica Channel in Boca Chica 
Channel in Section 25, Township 67 South, Range 25 East, and Section 30, 
Township 67 South, Range 2 6 East, Monroe County, in connection with 

State Road 5, bridge and approaches over Boca Chica Channel. The biological 
report was adverse; however, the Department of Natural Resources stated 
that there was no reasonable alternative to filling alongside the existing 
roadway to accommodate the four-lanning of U. S. 1. The dredge and fill 
permit would issue to the contractor. 

Applicant also was granted permit to dredge 1,004,000 cubic 
yards of fill material from a 23.25 acre borrow area in the Gulf of 
Mexico adjacent to Racoon Key in Township 67 South, Range 25 East, 
Monroe County. The biological report was not adverse, and the Bureau 
of Beaches and Shores indicated that there should be no adverse 
hydrographic effects from this project. 

The fill within the borrow area must be removed upon completion 
of the project, and no spoil will remain above the natural bottom 
elevation either in the borrow area or on adjacent submerged lands. 
Dredging and filling must be done in such a way that turbidities in 
the project area do not exceed 50 Jackson Units above base for the area. 

(2) The Department of Transportation was granted a temporary easement 
for a borrow area of 23.25 acres in the Gulf of Mexico adjacent to 
Raccoon Key in Township 67 South, Range 25 East, Monroe County, for 
removing material to be used in construction of State Road 5. The 
biological report was not adverse and location of the borrow area was 
recommended by the Department of Natural Resources. 



BREVARD COUNTY - Dredge Permit Amendment , 

File No. 253.123-470 
On motion by Mr. Christian, seconded by Mr. Williams and adopted 
without objection, the Trustees approved request of the City of 
Satellite Beach for amendment of dredge permit approved on May 26, 1970, 
to allow the channels to be dredged to minus-6 feet. The original 
permit depth was minus-4 feet, but the Coast Guard would not approve the 
city's bridge permit unless channels were deeper. The revised biological 
report was not adverse. 



COLLIER COUNTY - Dredge Permit, to Improve Navigation 

Section 253.123 Florida Statutes 
Key Island, Inc., represented by Tri-County Engineering, Inc., applied 
for a permit to perform maintenance dredging in Gordon Pass Lagoon in 
Section 21, Township 50 South, Range 25 East, in Collier County. The 
material removed would be placed above the mean high water line. 

Applicant tendered $90 as payment for overdredge material and $50 
processing fee. Channel dimensions were minus-8 ft. deep, 85 ft. wide 
and 400 ft. long. 

The biological report was not adverse and the City of Naples had 
approved the maintenance dredging project. 

Mr. Adams, noting that normal navigation channels were only 5 feet 
in depth, was informed by the Director that the craft of some 
applicants required greater depth, such as sail boats. Mr. Adams 
asked why all the material dredged out should not be paid for and 
Mr. Apthorp said that the staff was working on a proposed policy 
change. The staff had been recommending payment under _ the _ current 
policy in instances where it was obvious that the application was 
made to obtain fill material rather than solely for navigation. 

Motion was made by Mr. Williams, seconded by Mr. Christian and adopted 
without objection, that the dredging permit be approved* 



10-20-70 



106 

MONROE COUNTY - Dredge and Fill Permit, Section 253.0 3 F. S. 
Rene R. Veliz and Miguel Aquilera, represented by James T. Glass, 
had revised their original application to fill approximately 3.5 
acres of privately-owned submerged land because of an adverse 
biological report. The revised application was for a dredge permit 
to excavate a boat basin within a 4.55-acre parcel of submerged land 
heretofore conveyed by the Trustees in Section 18, Township 63 South, 
Range 38 East, and to dredge a navigation access channel 5 ft. deep, 
50 ft. wide and 550 ft. long. 

The supplemental biological report suggested further revision of the 
project; however, the applicant declined to make further modifications. 

Staff recommended approval of permit to dredge boat basin and naviga- 
tion channel and to fill approximately 2 acres of privately-owned 
submerged land in consideration for reconveyance of approximately 2 
acres of submerged land by the applicant. Mr. Apthorp said this 
applicant had been very cooperative. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted without 
objection, the Trustees approved issuance of the dredge and fill permit 
on the basis recommended by the staff. 



MONROE COUNTY - File No. 2182-44-253.12, Application for Filled Land. 

The application of Donald L. Wollard, represented by William J. Roberts, 

to purchase 0.25 acre parcel of filled sovereignty land in Little Basin, 

Florida Bay, abutting fractional Section 12, Township 63 South, Range 

37 East, Upper Matecumbe Key, was considered by the Board on June 10, 1969, 

and was removed from the agenda for the purpose of obtaining an appraisal 

and determining a penalty for the unauthorized filling. 

An appraisal indicated that the 0.25 acre parcel in its filled and 
seawalled state was valued at $1,065, or $4,260 per acre. The original 
value suggested by the staff was $833.33 per acre for unimproved land, 
or $519.33 for the parcel including $311 for fill material hauled in by 
the applicant. 

As a penalty for the unauthorized filling, the staff determined a 
revised value of $346.50 for the fill material purchased from upland 
sources by the applicant and hauled to the site. The total settlement 
comes to $1,461.50 which included $50 to defray cost of the appraisal. 
Due to financial difficulties the applicant had asked to be allowed to 
pay $100 per month until the required amount was paid in full; but 
upon insistence of the staff for full payment, the $1,461.50 was finally 
remitted. 

In the opinion of the staff the recently adopted policy requiring a 
showing that sale of submerged land is in the public interest is not 
applicable, as this application was formally considered and held in 
abeyance for determining an appraisal and penalty payment for a settle- 
ment. Staff recommended that the sale be confirmed. 

Mr. Adams, referring to the policy adopted on July 1, 1969, to sell 
state-owned sovereignty land that has- been filled without authority 
at three times the value of the land in its filled condition without 
regard to the price spent on improvements, said the reason this 
application was held up was for the policy to be developed and it 
did not appear to him that the staff , recommendation for settlement 
was based on that policy. The Director said the staff had computed the 
settlement amount on the basis of a penalty charge for the fill material, 
since the application had been considered prior to the July 1 policy. 
He added that from time to time there would be some cases on either side 
of the policy, on which settlement might have to be determined. 

At Mr. Adams' request, the Board deferred action. 



VOLUSIA COUNTY - City of Daytona Beach Application for Release of 

Restriction in Deed No. 20798 
The City of Daytona Beach requested release of restrictive covenants 
contained in Trustees Deed No. 20798 (that granted lands to the city 
for one dollar) in order to allow the city to lease the Daytona Beach 



10-20-70 



107 

Municipal Yacht Basin to be operated by private interests. The 
city did not have sufficient funds to repair the existing facilities 
nor make capital improvements such as proper sanitary facilities 
and expanded electrical distribution system. Installation of a 
sanitary disposal system would cost approximately $25,000, and 
there remained a debt of $143,6 87 with an annual debt service of 
$17,960 from the bonded indebtedness of $327,443 on the Yacht Basin 
incurred after approval by voters in a 1947 referendum of the City 
of Daytona Beach. 

The staff recommended release of the public purposes restriction 
only insofar as it applied to leasing and only for a 5-acre parcel, 
conditioned upon Trustees' approval of the lease agreement between 
the city and the successful bidder to operate the Yacht Basin. 

The city also requested a marina license without charge for 14 
acres of water area upon which mooring facilities are constructed. ' 
The city desired to lease the area and use the marina rental toward 
paying off its bonded indebtedness. The staff recommended denial 
of that request and suggested that issuance of a marina license be 
considered as a separate matter, and that the successful bidder for 
lease agreement with the city be required to apply for a state marina 
license. 

Attorney J. Kermit Coble said the city's application was unusual, 
that the city some years ago spent a large sum installing docks 
on what they thought was their land and, having difficulty financing 
improvement, the city proposed leasing to a private marina operator 
and using the rent for retiring the city debt. The marina facilities 
were public; the private yacht club was not included in the application, 
Mr. Coble explained that the city, lacking up-graded facilities, had 
not been able to charge a rate sufficiently high to make the yacht 
basin a profitable operation. Mr. Adams questioned whether the city 
should not be able to manage the yacht basin successfully itself. 
Mr. Dickinson said if private enterprise could do it better, he saw 
no harm in complying with the city's request but agreed to a delay 
suggested by Mr. Adams. 

City Attorney John C. Chew said the city, having financial problems, 
was trying to help itself, was exploring several avenues, and he 
urged issuance of a marina license to the city without charge. The 
Director thought that a decision should first be made as to who would 
operate the marina. Members assured Mr. Chew that the Trustees desired 
to help the city, and Mr. Williams pointed out that during the period 
of a brief deferment the questions now being raised might be answered. 

Mr. Adams asked for two weeks' delay. Since there would be no meeting 
on election day, Governor Kirk said the matter might be brought back 
next week if it was in order for further consideration. Without 
objection, action was deferred. 



DADE COUNTY - Lease Assignment. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted without 
objection, the Board approved assignment of Campsite Lease No. 2146 
from William V. Southard to Cornelia D. Dinkier. 



LEE COUNTY - Dredge Permit to Improve Navigation 

File No. 253.123-607 
Ross Mayer, represented by James DeLozier, Jr., applied for a permit 
to dredge a navigation channel 85 ft. long, 5 ft. wide top cut, 
5 ft. deep mean low water, adjacent to Sections 1 and 2, Township 
46 South, Range 21 East, Pine Island Sound, Lee County. The material 
removed would be placed above the mean high water line, and applicant 
tendered $350 for 3,500 cubic yards of material to be taken in an 
aquatic preserve, and $50 for processing fee. 

The application was completely revised to comply with recommendations 
in the original biological report, and supplemental report was not 
adverse. Staff recommended approval. 



10-20-70 



108 



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



MARTIN COUNTY - Corrective Deed Reconfirmed. 

Due to the fact that only four members were present on September 22 when 
the Board approved issuance of a corrective deed, and the staff was 
advised by the office of the Attorney General that five are required, 
motion was made by Mr. Conner, seconded by Mr. Dickinson and adopted 
without objection, that the Trustees approve issuance of corrective 
deed to supplement Trustees Deed No. 24961 (1820-43) issued by the 
Trustees on June 30, 1969, requested by Evans Crary , Jr. for the reason 
that the description in the original deed referred to Block C of Riverside 
Park Subdivision whereas it should cite Block B. 



SARASOTA COUNTY - Emergency Dredge Permit, Section 253.123 F. S. 
On motion by Mr. Conner, seconded by Mr. Dickinson and adopted without 
objection, the Trustees granted the request from Quinlan Marine Attractions 
(Floridaland) for an emergency dredge permit to reconstruct porpoise pens 
adjacent to Section 14, Township 38 South, Range 18 East, Dryman Bay in 
Sarasota County. Approximately 1,100 cubic yards of material will be 
removed from an area minus-8 feet deep mean low water, 30 ft. wide top 
cut, and 130 ft. long. 

Until the new pens are ready the porpoises are being contained in too 
small an area, and one porpoise had already died. Because of the 
emergency, the Board without objection waived the biological report as 
provided in Section 253 . 123 (3 ) (a) , as amended by Chapter 70-118, Acts of 
1970. 



SUBJECTS UNDER CHAPTER 18296 

On motion by Mr. Williams, seconded by Mr. Dickinson and adopted without 
objection, the Trustees approved Report 974 listing two regular bids for 
sale of Murphy Act land under provisions of Chapter 18296, Acts of 1937, 
Section 197.350 Florida Statutes, described as follows: 

(1) A parcel of land in Section 8, Township 4 South, Range 14 
West, Bay County, certified to the state under tax sale 
certificate 7178 of 1933, sold to Mrs. Ola Brown Lunsford 
for high bid of $250; 

(2) A parcel of land in Section 17, Township 1 South, Range 15 
East, Hamilton County, certified to the state under tax 
sale certificates 83 of 1897 and 99 of 1938, sold to 

L. R. Taylor for high bid of $40. 



Deeds pertaining thereto were approved for execution 



On motion duly adopted, the meeting was 



ATTEST 




Tallahassee, Florida 
October 27, 1970 



10-20-70 



109 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met in the Capitol with the following members present: 



Tom Adams 
Earl Faircloth 
Broward Williams 
Floyd T. Christian 
Doyle Conner 



James W. Aothorp 



Secretary of State, Acting Chairman 

Attorney General 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Executive Director 



The minutes of the meeting of October 13, 1970, were approved as 
submitted. 



VOLUSIA COUNTY 



Bulkhead Line, Dedication, Dredge and Fill Permit, 
and Marina License 



By Resolution No. 70-78 adopted on October 15, 1970, the Board of 
County Commissioners of Volusia County established a bulkhead line 
for the City of Daytona Beach 3,621 feet long in the Halifax River 
embracing approximately 6.35 acres of sovereignty land and portions 
of upland owned by Volusia County. At the hearing on October 1 there 
were objections to the project; at the October 15 hearing no objec- 
tions were filed. The bulkhead line was to accommodate construction 
of a Small Craft Harbor, Federal Project No. 09-0024, and a marina 
for general public use. The county required approximately 6.35 
acres of additional sovereignty land for the project toward which 
the county had obtained $75,000 federal grant commitment to expire 
on December 31, 1970 (Unless action had been taken). 

It was proposed to dredge 68,880 cubic yards of material from the 
small craft harbor and the navigation entrance channel to be dredged 
to minus-5 feet mean low water and 80 ft. wide, more or less, top 
width. All of the material would be deposited behind the bulkhead 
line on lands subject to dedication and on county-owned uplands. 

The initial biological report was adverse, however, the project was 
modified pursuant to the biologist's recommendations. 

At the request of the county, the staff recommended waiver of the 
two weeks' advance agenda notice. In view of the public nature of 
the project and the fact that it was modified to conform to recommen- 
dations in the biological survey report, the staff recommended (1) 
approval of the bulkhead line; (2) issuance of dedication for public 
park, marina and associated public use, and to waive advertising (not 
required by law) for dedicating a 6.35 acre parcel, more or less, of 
sovereignty land in the Halifax River abutting a parcel of county- 
owned land lying in Township 15 South, Range 33 East, City of 
Daytona Beach, Volusia County; (3) approval of dredge and fill permit 
issued by the City of Daytona Beach on August 24, 1970, to the county; 
and (4) although the county did not apply for a marina license, the 
staff was of the opinion that the license would complete the project 
package, and the staff recommended issuance of marina license to the 
county without fees as the project would be for the general public 
and was being constructed with public funds. 

Motion was made by Mr. Faircloth, seconded by Mr. Williams, that 
the application be approved. 

The Director reported a few objections were received before the county 
asked for waiver of advance agenda notice because of the urgency of 
their schedule, and that twenty-three objections were filed, mainly 
from apartment owners in a condominium across the street from the county 
property. 

Stanley D. Kupiszewski, Jr., representing objecting property owners, 
objected to this use of public funds as the city had an existing 
similar facility immediately adjacent to the proposed site and was 
having difficulty meeting it bond obligations. He pointed out that 
at the public hearing on October 1 the Board of County Commissioners 
voted to abandon the project and subsequently on October 15 without 



10-27-70 



110 

further notice the county reconsidered and adopted the proposal. Mr. 
Kupiszewski, retained on October 22 to represent certain objectors, 
criticized the procedures followed by the Board of County Commissioners 
and urged the Board of Trustees to reject the project as one not needed 
by the city. 

Mr. Faircloth noted that the first hearing on October 1 was properly 
advertised and everybody was heard, and that the county had reconsidered 
on the 15th. 

Representing the Daytona Beach Outboard Club and pursuing the matter 
for the county, J. Kermit Coble discussed the project of a small boat 
harbor with ramps, parking for boat trailers, and a beautified park 
area, serving a different purpose than the existing yacht basin. He 
explained the points raised by the objector, the redesigning of plans 
to comply with the biological report, water flow improvement expected 
from the dredging, and to illustrate support for the project he filed 
a petition with more than 1,000 signatures. Mr. Coble said the project 
was not involved with that application from the city on the agenda last 
week. 

The Director reviewed the proposal and recommended approval of the 
project, based on all the circumstances. 

The motion by Mr. Faircloth, seconded by Mr. Williams, to approve the 
bulkhead line, dedication, dredge and fill permit, and marina license, 
was adopted with one dissenting vote by Mr. Adams. 



GLADES COUNTY - Application to Advertise, 

File No. 2365-22-253.36 
Henry F. Seels and wife applied to purchase 3.8 acres of reclaimed Lake 
Okeechobee bottom land abutting State Lot 2 in Section 13, Township 
40 South, Range 32 East,, between the 17-ft. contour line and the levee 
right of way line. The only access to the parcel was across applicant's 
upland property, but applicant submitted no justification of the sale in 
the public interest . 

The Director said this riparian owner made a proper application in May, 
however on June 2 the Board adopted a policy that no sale would be made 
unless it was in the public interest - and in view of the policy the staff 
recommended against the sale. 

Motion was made by Mr. Christian, seconded by Mr. Williams, and pronounced 
adopted by Mr. Adams, that the application be denied as recommended by 
the staff. 

It was called to the attention of the Board that the applicant would like 
to be heard. Mr. Seels said he bought a small home site twenty-five years 
ago, gave concessions to the state three times for rights of way for State 
Road 78, State Road 721, and for building .the dike which took his riparian 
rights, but he was told he would have the right to purchase the reclaimed 
parcel between his property and the levee. Mr. Christian examined the map 
and asked questions, and then asked to be allowed to withdraw his motion. 
Mr. Williams withdrew his second. 

Mr. Adams pointed out that the motion had been adopted, before they knew 
there was anyone to be heard. Motion was made by Mr. Christian, seconded 
by Mr. Williams and adopted without objection, that the matter be recon- 
sidered. 

Mrs. Anna Ruth Seels said she went to the property as a ten-year old girl, 
now as a retired nurse it was her homesite but access to the rim canal was 
needed, and she asked for the Board's consideration of their riparian 
rights . 

Mr. Christian said the staff should give some consideration to the rights 
of way given by these owners which he thought was the public purpose in 
this application. The Director reported that the staff had about a 
dozen similar applications, not all ready for presentation to the Board, 
but under present policy it was difficult for the staff to recommend 
the sales in the public interest without some further standards from 
the Trustees. Mr. Adams said there must be some value judgment rendered 
as to mitigating circumstances that might create a different interpre- 
tation of what is the public interest, and the consensus of the members 
was that the staff should bring back to the Board a reconsidered 

10-27-70 



Ill 

evaluation. Mr. Christian said the applicants should be notified, 
and the Board should consider each application on its merits. 
Mr. Williams said other similar applications should be disposed 
of in the same way. Mr. Apthorp said that he thought the public 
interest would be what the Board considered was in the public interest, 
that it was other agencies that had made commitments to the owners 
regarding purchase of the reclaimed lake bottom - but that would 
be only in the event the state wanted to sell. 

On the basis of the discussion, action was deferred. 



DADE COUNTY - Dedication No. 23991 

Two members of the Board had requested deferment of consideration 
of the request from the City of North Miami for approval of a lease 
agreement pertaining to Spoil Island No. 1 in Biscayne Bay previously 
dedicated to the city for public park and recreation. 

Without objection, action was deferred. 



GLADES COUNTY - File 2369-22-253.03, Dedication 

The Central and Southern Florida Flood Control District requested 
dedication of a parcel of land embracing 5.74 acres in unsurveyed 
Sections 21 and 28, Township 42 South, Range 32 East, Lake Hicpochee, 
Glades County, to be developed as a recreation site adjacent to Canal C-43, 

On motion by Mr. Williams, adopted without objection, the Trustees dedi- 
acated the parcel to the Flood Control District as a recreation area. 



GLADES COUNTY - File 2224-22-253.03, Spoil Area. 

The Central and Southern Florida Flood Control District requested 
relocation of a spoil area in unsurveyed Sections 21 and 28, Township 
42 South, Range 32 East, Lake Hicpochee, Glades County, in order to 
provide for a recreation area adjacent to Caloosahatchee Canal (C-4 3) . 
The original spoil area location had been granted on June 24, 1969. 

On motion by Mr. Faircloth, seconded by Mr. Christian and adopted with- 
out objection, the Trustees granted the request for relocation of the 
spoil area. 



DADE COUNTY - Lease Renewal 

On motion by Mr. Christian, seconded by Messrs. Faircloth and Williams, 
and adopted without objection, the Trustees approved the application 
from Cornelia D. Dinkier, assignee of Campsite Lease No. 2146, for one- 
year renewal with option to renew for four additional years at $300 
annual rental. The request conformed to the policy of April 7, 1970, 
that required lease as long as the structure remained on the site, 
and the policy of October 6, 1970, that established an annual rental 
of $300 for a quarter-acre site. 



DADE COUNTY - Lease Assignment and Renewal 

On motion by Mr. Christian, seconded by Mr. Williams and adopted with- 
out objection, the Trustees approved the following: 

(1) Assignment of Campsite Lease No. 2167 from Karl Mongelluzzo 
to Coconut Grove Marine Properties, Inc., for which executed 
copies of assignment and acceptance of terms of the lease 
were filed with the staff; 

(2) Renewal of Campsite Lease No. 2167 for one year with option 
to renew for four additional years at an annual rental of 
$300, conforming to the Trustees' policy of April 7, 1970 that 
required lease as long as the structure remained on the site, 
and the policy of October 6, 1970, that established an annual 
rental of $300 for a quarter-acre site. 



10-27-70 



112 



ESCAMBIA COUNTY - Oil and Gas Drilling Lease to be advertised 
Louisiana Land and Exploration Company requested advertisement for 
sealed bids for an oil and gas drilling lease of the reserved one- 
half petroleum interest held by the Trustees in privately-owned land 
described as Government Lot 3, Section 36, Township 6 North, Range 
30 West, containing 2.8 surface acres in Escambia County. 

The State Geologist concurred in the staff recommendation to advertise 
for sealed bids for a five-year oil and gas drilling lease pursuant 
to law, annual rental of $1 per net mineral acre, 1/6 royalty, $50,000 
surety bond, and at least one test well every 2 1/2 years of the lease 
term to a depth of 6,000 feet or to the top of the Smackover formation, 
whichever is deeper. 

On motion by Mr. Williams, seconded by Mr. Christian and adopted 
without objection, the Trustees approved the staff recommendation to 
advertise for sealed bids on the reserved interest. 



ESCAMBIA COUNTY - Lease 

On October 13 action was deferred on leasing four surplus Welcome 

Stations no longer needed due to changes in tourist traffic flow. 

At the request of the Department of Agriculture and Consumer Services, 
The Board of Trustees on motion by Mr. Williams, seconded by Mr. Conner 
and adopted without objection, authorized ten-year lease to that Department 
with option to renew, with respect only to the one Welcome Station located 
in Escambia County on U. S. Highway 90 in Section 11, Township 1 South, 
Range 32 West, Escambia County. The Welcome Station will be used by 
the Division of Dairy Industry. 



OKALOOSA COUNTY - Road Right of Way. 

The Board of County Commissioners of Okaloosa County by resolution adopted 
on January 27, 1970, requested an easement 80 ft. wide for the improvement 
and paving of an existing public road known as the Beaver Creek Road, 
that passed through four parcels of land owned by the Trustees and in use 
by the Division of Forestry of the Department of Agriculture and Consumer 
Services as the Blackwater River State Forest. That Department approved 
the request as the road improvement would benefit the state forest. 

On motion by Mr. Faircloth, seconded by Mr. Williams and adopted without 
objection, the Board granted the easement to the Board of County Commis- 
sioners of Okaloosa County. 



DUVAL COUNTY - Road Right of Way. 

At the request of the Board of Regents, the Trustees removed from the 
agenda a request from the Jacksonville Expressway Authority for an ease- 
ment in Sections 8 and 9, Township 3 South, Range 2 8 East, Duval County 
on land of the new University of North Florida. 



PALM BEACH COUNTY - Power Line Easement 

On motion by Mr. Faircloth, seconded by Mr. Williams and adopted with- 
out objection, the Trustees reconfirmed action by four members on 
September 22 approving an easement to Florida Power and Light Company 
across lands of the University of Florida Experimental Station, 
Morikomi Farm, in Section 27, Township 46 South, Range 42 East, in 
Palm Beach County, for an electrical power line to serve the station 
as approved by the Board of Regents. 



PUTNAM COUNTY - Power Line Easement. 

The Clay Electric Co-Operative , Inc., Keystone Heights, Florida, requested 
easement for a 110 K.V. transmission line across a portion of the University 
of Florida Conservation Reserve at Welaka. The easement would be in 
Government Lot 7, Section 22, Township 12 South, Range 26 East, Putnam 
County, 100 ft. wide and 427 ft. long, containing 0.977 acre. 



10-27-70 



113 



The Board of Regents recommended the easement that would be a definite 
benefit as a protective fire line in a critical area at no expense 
to the state. 

On motion by Mr. Christian, seconded by Mr. Conner and Mr. Williams 
and adopted without objection, the Trustees authorized issuance of 
the power line easement. 



BAY COUNTY - Marina License, Section 253.03 Florida Statutes. 
On motion by Mr. Christian, seconded by Mr. Williams and adopted 
without objection, the Trustees approved application from Miracle 
Strip Yacht Basin for a marina license in St. Andrews Bay adjacent 
to uplands in Section 34, Township 3 South, Range 15 West, Bay 
County, for which applicant had submitted payment of $570 for the 
first year's fee. 



VOLUSIA COUNTY - Marina License, Section 253.03 Florida Statutes. 
On motion by Mr. Christian, seconded by Mr. Williams and adopted 
without objection, the Trustees approved the application from Edward 
F. Brennan, Engineering Director of the City of South Daytona, for 
a marina license to construct and maintain a public fishing dock in 
the Halifax River in Section 33, Township 15 South, Range 33 East, 
Volusia County. The Board waived all fees for this public facility 
for the City of South Daytona. 



ST. LUCIE COUNTY - Construction Permit. 

On motion by Mr. Faircloth, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized issuance of a construction 
permit for $100 processing fee to the General Development Corporation, 
Miami, Florida, for the construction of a foot bridge for pedestrian 
traffic across the North Fork of St. Lucie River abutting Section 
22, Township 36 South, Range 40 East, St. Lucie County, to be four 
feet wide and adjoining the existing bridge for vehicular traffic. 
The Coast Guard had approved the bridge application. 



BREVARD COUNTY - Fill Permit Deferred. 

At the request of the Director, the Trustees deferred consideration 
of application of Kenneth L. Sagrans for approval of a fill permit 
for 0.37 acre in the Indian River in Brevard County. 



NASSAU COUNTY - Dredge Permit for Utility Installation 

Section 253.123(2) (b) 
ITT Rayonier, Inc., Fernandina, Florida, applied for a dredge permit 
for the installation of two effluent outfall lines in the Atlantic 
Ocean adjacent to Section 16, Township 3 North, Range 29 East, 
Nassau County, to comply with an order from the Air and Water Pollu- 
tion Control Department that had certified the two lines. The 
biological report was not adverse. • The temporary structure in 
connection with the project will be removed when work is completed 
and the lines will be covered and beach area leveled to its original 
contour. 

On motion by Mr. Williams, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized issuance of the dredge 
permit for $100 processing fee. 



RESOLUTION - Material Removed from Navigation Channels. 
The Director requested consideration of a resolution regarding charge 
for material dredged from navigation channels in navigable waters 
of the State of Florida. He said it would be a less difficult 
policy to administer with no question about whether the applicant 
should pay for the material removed, and the staff would like to 
work with the Department of Natural Resources to locate suitable 
areas in the water where conditions might be improved by placement 
of material, for instance, to raise deep-bottomed areas so that 
seagrasses might grow. 

On motion by Mr. Williams, adopted without objection, the Board 
of Trustees adopted the following resolution: 

10-27-70 



114 



RESOLUTION 

WHEREAS, by authority of Sections 253.03 and 253.123 of the 
Florida Statutes the Trustees of the Internal Improvement Trust Fund 
are charged with the responsibility of regulating the dredging and 
maintenance of navigation channels in navigable waters of the state, 

WHEREAS, there is presently no charge for fill removed as the 
result of dredging and maintaining minimum-sized navigation channels 
in navigable waters of the state when the fill is placed on land 
above the line of mean high water, and 

WHEREAS, in many instances the applicant benefits greatly from 
depositing the fill on his land above the line of mean high water 
because it raises the elevation of his land so as to make it 
suitable for construction, and 

WHEREAS, this fill is a ligitimate source of revenue for the 
Trustees of the Internal Improvement Trust Fund which is not being 
utilized; 

NOW, THEREFORE, BE IT RESOLVED that all applicants for dredging 
or maintaining navigation channels in navigable waters of the state 
as authorized by Sections 253.03 and 253.123 of the Florida Statutes 
be charged the customary rate for fill where the fill is placed on 
private property above the line of mean high water. 

BE IT FURTHER RESOLVED that there will be no charge for material 
removed from such channels if the applicant deposits spoil in a 
specified area as determined by the Department of Natural Resources. 

* * * 

BAY COUNTY - Dredge Permit to Improve Navigation, 

Section 253.123 Florida Statutes, File 639. 
Miss S. E. Wright applied for permission to dredge a channel 50 ft. 
wide top cut, 5 ft. deep mean low water, 250 ft. long, in Grand 
Lagoon adjacent to Sec. 9, Twp . 4 South, Rge. 15 West, Bay County. 
A total of 465 cubic yards of material would be removed and placed 
on upland property of Chas. S. Weeks Company. The applicant 
tendered minimum payment of $50 and $50 processing fee. On Septem- 
ber 2 2 the Trustees had deferred action at Mr. Adams' request. 
The biological report indicated limited adverse effects. 

On motion by Mr. Faircloth, seconded by Mr. Williams and adopted 
without objection, the Trustees authorized issuance of the dredge 
permit as recommended by the staff. 



DIXIE COUNTY - Dredge Permit, Maintenance Dredging, 

Section 253.123 Florida Statutes, File 673. 
The Board of County Commissioners of Dixie County requested approval 
of the dredge permit issued by the county for maintenance dredging 
in a channel 2,000 ft. long, 50 ft. wide top cut, 5 ft. deep mean 
low water, adjacent to Section 14, Township 12 South, Range 10 East, 
in Horseshoe Bay, Dixie County. Approximately 6,000 cubic yards of 
material would be removed and placed on county-owned uplands. The 
biological report was not adverse. The applicant had agreed to 
spoil away from the marsh. 

On motion by Mr. Conner, seconded by Mr. Williams and adopted 
without objection, the Trustees waived the $50 processing fee and 
approved the dredge permit without charge to the county. 



LEVY COUNTY - Aquaculture Lease Denied. 

Ocean Farms, Inc., by Gerald Golub, president, applied for an 
aquaculture lease of approximately 40 acres near Cedar Keys in 
Levy County for cultivating oysters. The biological reports were 
not adverse. On October 6 the Board deferred action. The Board 
of County Commissioners of Levy County by resolution on October 20, 
1970, objected to the proposed lease as outlined in the provisions 
of Section 253.68 Florida Statutes. 

Since the county objected, the Director thought it would be pointless 
to proceed to advertise the lease. The applicant had requested a delay, 

Motion was made by Mr. Faircloth, seconded by Mr. Christian, that the 
10-27-70 



115 



application be denied based on the county resolution. Mr. Williams 
suggested that the applicant might consider other areas in the state 
for the proposed oyster culture. The Director said this company 
used a method in cultivating oysters ("tire beads") which some 
boaters objected to as a navigation hazard. 

Representing Organized Fishermen of Florida, A. W. Hemphill said the 
method used by the company in the Indian River was a great problem, 
which was why his group complained to the Department of Natural 
Resources about it. He requested denial of the lease. 

Without objection, the motion by Mr. Faj.rcloth, seconded by 
Mr. Christian, to deny the lease application was adopted. 



MANATEE COUNTY - State Dredge Permit No. 253.123-456. 
Jack Van Norman, staff field inspector, reported that Suncoast 
Realty Company had violated the terms of state dredge permit No. 
253.123-456 granted on May 19, 1970, for improvement of navigation 
and upland property. Staff requested authority to temporarily sus- 
pend the permit until a thorough survey can be made and the extent 
of unauthorized work determined. 

On motion by Mr. Christian, adopted without objection, the Board 
suspended state dredge permit No. 253.123-456 as requested. 



TRUSTEES OFFICE - Budget and Funds. 

The Director had advised the Board that with the increased operations 
of the Trustees office, the trust fund was sufficient for current 
support but eventually, since state lands are not now being sold as 
before, there might have to be other sources of funds. He suggested 
that the operations be funded from general revenue, leaving the 
revenues generated in the trust fund to be used for reacquisition 
of submerged lands. The proposed change could be presented to the 
Legislature for approval of funding from general revenue. 

The Trustees recognized that the budget might have to be adjusted 
when the need arose but indicated that the department should 
continue to be self-supporting for the present. Mr. Adams suggested 
that the Trustees seek to develop a funding program with the 
Legislature. Mr. Conner said when the master land plan was 
developed there would probably still be a considerable amount of 
unsold land, and when additional need was evident it could be 
budgeted then. He suggested collection of old debts, implementing 
revenue measures, and review of leases. The Director advised that 
the Board had collected practically no royalty from oil leases. 
Mr. Williams said the Legislature might be advised that since the 
Board was not now selling state land as before, something' should 
be worked out to properly fund the Department when it becomes 
necessary . 

The consensus was that the staff should continue to prepare and 
submit the budget based on the trust fund. 



SUBJECTS UNDER THE MURPHY ACT 

On motion by Mr. Williams, seconded and adopted without objection, 
the Trustees approved Report 975 listing two regular bids for sales 
of Murphy Act lands under Section 197.350 Florida Statutes, as 
follows: (1) Citrus County, Lot 9, Block 11, Town of Hartshorn, 
certified to the State of Florida under tax sale certificates 49 
of 1909, 22 of 1912, and 470 of 1934, sold to Shirley McCoy for 
high bid of $350; (2) Nassau County, Lots 1, 2, 3, 6, 9 to 16 
inclusive, and 24, Block 201 Town of Hilliard, certified to the 
State of Florida under tax sale certificates 2662, 2663, 2664 and 2665 
of 1933 (and others) sold to D. W. Franklin for high bid of $325. 

Deeds pertaining thereto were approved for execution. 



10-27-70 



116 

PUTNAM COUNTY - Quitclaim Deed. 

In order to remove a cloud on the title of land owned by Thos . J. 
Butler, Inc., a Florida corporation, Thomas B. Dowda applied for a 
quitclaim deed to 6.2 acres, more or less, in Section 48, Township 9 
South, Range 27 East, conveyed to E. B. O'Hara in Putnam County 
Murphy Act Deed No. 520 dated August 22, 1941, for $35 plus costs. 
On January 18, 1945, E. B. O'Hara and wife erroneously quitclaimed 
this land to the Governor of the State of Florida, instead of to the 
rightful owner at the time. 

On motion by Mr. Williams, seconded by Mr. Conner and adopted without 
objection, the Trustees authorized issuance of quitclaim deed for 
$25 handling charges. 



On motion duly adopted, the meeting was adjourned. 




ATTEST: 



Tallahassee, Florida 
November 10, 1970 

The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met in the Capitol 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 minutes of the meetings held on October 20 and 27, 1970, were 
approved as submitted. 



Because there were only four members of the Board present, several 
applications on the agenda were deferred, including the following: 

1. Brevard County. Request for authority to issue deeds for land 
sold by the Trustees on November 16, 1965, and under policy 
effective at that time the applicant entered into contracts to 
purchase No. 24177 and 24178 that were paid in full and grantee 
now entitled to receive deeds. 

2. Palm Beach County. Application from Mayfran, Inc., File No. 2339- 
50-253.12, to purchase 0.698 acre parcel of land that had been 
advertised and an objection received. 

3. Dade County. Metropolitan Dade County by Resolution R-831-70 
requested a drainage easement. File No. 2371-13-253.03. 

4. St. Lucie County. Board of County Commissioners of St. Lucie 
County requested approval of a land exchange between the 
county and the adjoinint owner, William E. Glover, Trustee. 

5. Murphy Act Land Sale Report No. 976 T Request for approval of 
14 regular bids for sale of lots in St. Johns County to 

X. L. Pellicer, Jr., under provisions of Section 197.350 
Florida Statutes. 



11-10-70 



117 

MONROE COUNTY - City of Key West, Deed No. 20949. 

On March 10, 1970, the Trustees released a parcel of land from certain 

restrictive covenants contained in Deed No. 20949 to the City of 

Key West, grantee, on the condition that the license should be approved 

before it would be binding upon the city and the licensee, and subject 

to review of plans and specifications of the facility. 

The Board of Trustees General Counsel approved the license as to form 
and legality, and the staff approved the proposed plans and specifica- 
tions. The Director recommended a time limit until January 1, 1972, 
for construction to get under way. 

On motion by Mr. Christian, seconded by Mr. Conner and adopted with- 
out objection, the Board approved the license as recommended by the 
Director . 



DADE COUNTY - Lease Assignment. 

Because five members of the Board of Trustees were not present on this 
date, action was deferred on request for approval of an assignment of 
that part of Oil and Gas Drilling Lease No. 1939-1939-S held by RK 
Petroleum Corp. to Exchange Oil and Gas Corporation. 



DADE COUNTY - Marina License, Section 253.03 Florida Statutes. 
Keystone Harbor Condominium, represented by Keys and Keys, attorneys 
at Law, made application for a marina license for the construction 
and maintenance of a mooring facility of 7,875 square feet in New Arch 
Creek adjacent to applicant's upland in Section 28, Township 52 South, 
Range 42 East, Dade County. The annual fee of $157.50 was tendered 
and staff recommended approval. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted without 
objection, the Trustees authorized issuance of the marina license. 



MARTIN COUNTY - Marina License, Section 253.03 Florida Statutes. 
John A. Herbert of Jupiter, Florida, applied for a marina license 
to construct and maintain a mooring facility of 19,020 square feet 
in Section 19, Township 40 South, Range 43 East, Martin County. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted without 
objection, the Board authorized issuance of the marina license for 
annual fee of $380.40. 



TAYLOR COUNTY - Marina License, Section 253.03 Florida Statutes. 

L. E. Files of Steinhatchee , Florida, applied for a marina license for 

an area of 5,000 square feet in the Steinhatchee River adjacent to 

Section 25, Township 9 South, Range 9 East, Taylor County. An existing 

facility would be expanded to include an overhead marine hoist to launch 

and beach fishing boats. Applicant tendered the minimum annual fee of 

$100. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted without 
objection, the Board authorized issuance of the marina license. 



BROWARD COUNTY - County Park Lease. 

Because five members were not present on this date, the Board of 

Trustees deferred consideration of a development plan of Broward County 

that was acceptable to the Division of Recreation and Parks and issuance 

of a 95-year lease of a 50-acre spoil island in Section 5, Township 

48 South, Range 43 East, for public park and recreation uses subject 

to Chapter 70-449. 



11-10-70 



118 



CAPITOL CENTER - Surplus Buildings. 

The staff requested authority to advertise for sealed bids for disposition 
of ten buildings located on recently acquired property in the Capitol Center, 
described as follows: 

1-story frame residences at (1) 311 W. St. Augustine Street, 

(2) 214 Bloxham Street, (3) 216/218 Bloxham Street, 

(4) 220 Bloxham Street, (5) 222 Bloxham Street, 

(6) 815 Bronough Street, (7) 817 Bronough Street, 

(8) 814 Blount Street; (9) 2-story frame garage apartment at 

311 1/2 West St. Augustine Street; and (10) 1-story brick residence 

at 306 West Gaines Street. 

The Bureau of Property Management, Department of General Services, has 
determined that the ten buildings were of no use to the State of Florida. 

When Mr. Christian questioned the advisability of allowing houses in bad 
condition to be moved and erected elsewhere to be eyesores, Mr. Conner 
noted that some might provide better shelter than a possible purchaser now 
had. The Director said some of the buildings were in very bad shape but some 
might be usable. After removal of buildings, the purchasers would be 
allowed a certain time to clean up the lots. 

Governor Kirk suggested that the staff advise the city and county of the 
situation. The members accepted that suggestion and on the motion by 
Mr. Adams, duly adopted, the staff was authorized to advertise for sealed 
bids for disposition of the ten buildings in the Capitol Center. 



REFUND - Murphy Act. 

On motion by Mr. Christian, adopted without objection, the Board authorized 
refund of $15 to Dal ton S. Payne, applicant for release of a state road 
right of way reservation contained in Lake County Murphy Act Deed NO. 1921, 
for the reason that the Department of Transportation did not recommend 
release of the reservation. 



COLLIER COUNTY - Dredge and Fill Permit, 

File Nos. 253.123-677 and 253.124-148. 
Marco Island Development Corp., represented by Edgar M. Moore, Attorney 
at Law, requested approval of a dredge and fill permit issued by the 
Board of County Commissioners of Collier County on October 27, 1970. 
The proposed work would be done in the Collier-Read Tract in Sections 
19, 20, 21, 28, 29, 30 and 33, Township 51 South, Range 26 East, and 
approximately 524,000 cubic yards of material would be dredged from 
state-owned lands. 

In consideration for the material obtained which would be valued at 
$52,400, the applicant proposed to convey to the Trustees 25.86 acres 
of mangrove valued at $1,900 per acre, and 9.25 acres of water area 
valued at $1,500 for a total of $63,009, based upon a recent appraisal 
of similar lands in a nearby township. 

The Trustees on November 25, 1969, agreed in principle to the overall 
Collier-Read plan of development and received 50 acres as a result of 
the agreements. The project had been modified as a result of cooperation 
between representatives of the Nature Conservancy and the applicant whereby 
it was determined that the additional area to be deleted from the project 
would have beneficial effects from an environmental standpoint. The 
biological report prepared for establishment of the bulkhead line 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." 

In view of the fact that the project increased areas to be left intact, 
the staff recommended approval of the dredge and fill permit. The Director 
said this was the final step necessary to complete the project, noting that 
there had been a change of ownership since the project was begun two years 
ago. 



11-10-70 



119 



Mr. Adams said that time and values continued to change, but at the 
time the overall plan was approved it was a tremendous step in the 
right direction. He called attention to benefits ecologically and 
aesthetically from use of riprap bulkheading rather than prepoured 
concrete seawalls, asked the Director to contact the developer and 
suggest consideration of this type of construction. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted 
without objection, the Trustees approved the dredge and fill permit 
contingent upon Board decision as to the nature of the bulkheading 
to be used for this project. 



COLLIER COUNTY - File No. 253.123-679, Dredge Permit. 
The Marco Island Development Corp. also submitted application to 
dredge 2,111,999 cubic yards of fill material from 64.35 acres in 
Collier Bay. The Board of County Commissioners of Collier County 
approved the permit on October 6 and 27, 1970. The dredging area 
was modified and supplemental biological report indicated that the 
modified plan was less adverse than the original design. 

After lengthy negotiations the applicant had agreed to reconvey 
3 parcels of mangrove islands and submerged land heretofore conveyed 
by the Trustees, in lieu of payment for fill material. The parcels 
were identified as 7/E-2 containing 118.52 acres, 4/F-l containing 
11.4 acres, and 5/F-l containing 1.8 acres, totalling 131.72 acres. 
An appraisal prepared by the staff appraiser determined the value 
of the 118-acre parcel to be $190,000 at the rate of $1,603 per 
acre. At the $1,603 per acre, valuation, the 131.72 acres to be 
reconveyed to the Trustees is worth $211,147 and the fill material 
to be dredged is worth $211,199. 

Staff was of the opinion that the exchange of undeveloped mangrove 
and submerged land for fill material was fair and would increase 
the land inventory following the pattern of the Collier-Read plan. 

The Air and Water Pollution Control Department was not in favor of 
the project. Mr. Nathanial P. Reed was present and expressed 
willingness to speak on the water quality standard on this date or 
another date, if Mr. Adams' suggestion for deferment was adopted. 

Mr. Adams said there still appeared to be some inconsistencies 
between the original government survey and the resurvey, and in 
addition the Air and Water Pollution Control Department had some 
questions. He did not oppose the application but requested a delay 
so that some of the questions that existed might be examined further 

On motion by Mr. Adams, seconded by Mr. Christian and adopted without 
objection, the Board deferred action until November 24. 



MONROE COUNTY - Dredge Permit, to Improve Navigation, 

Section 253.03 Florida Statutes, File No. 209 
B. M. Manno of Marathon, Florida, applied for permission to remove 
2,000 cubic yards of material from an area in Hawk Channel that had 
silted in, adjacent to Section 35, Township 65 South, Range 33 East, 
Monroe County. The material removed will be placed on upland 
property. Applicant tendered $200 payment for material and $50 
processing fee. A breakwater installed by applicant ' s predecessor 
will be removed during the dredging operation. 

The biological report was not adverse and the Bureau of Beaches and 
Shores did not require a hydrographic study. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted without 
objection, the Board approved issuance of the dredge permit. 



NASSAU COUNTY - Amendment to Permit No. 253.123-474. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted without 
objection, the Board granted the request of Interpace Corporation, 
represented by Reynolds, Smith and Hills, for amendment to dredge 
permit issued October 13, 1970, providing for channel depth of minus-12 
feet mean low water. Through error the original permit was issued for 
channel depth of minus-6 feet, and information showed the tidal range 
in the area was 6 feet. 

11-10-70 



120 

PALM BEACH COUNTY - Dredge Permit, to Improve Navigation, 

Section 253.123, File No. 674 
Jess Kemberling, represented by M. R.. Baggett, applied for a permit 
to dredge an existing channel in Lake Worth 100 ft. wide top cut, 
8 ft. deep mean low water, and to dredge a 245 ft. wide, 270 ft. long, 
8 ft. deep mean low water, turning basin in Lake Worth adjacent to 
Section 11, Township 4 3 South, Range 32 East, Palm Beach County. 
Applicant tendered $3,860 for the material and $50 processing fee. 
The material will be placed on upland above the mean high water line. 

The Town of Palm Beach had approved the project. The biological 
report was not adverse. Dredging and spoiling would be done in such 
a way that turbidities in the area would not exceed 50 Jackson units 
above background. 

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



COLLIER COUNTY - Seawall and Dredge Permit 

Miles Scofield of Naples, Florida, reauested approval of a permit 

issued by the Board of County Commissioners of Collier County for 

the construction of a seawall on filled land landward of the established 

bulkhead line in Section 17, Township 48 South, Range 25 East, in the 

Cocohatchee River. The seawall will be constructed 5 feet landward 

of the bulkhead line. The Department of Natural Resources reported that 

the project should not have significant adverse effects on marine 

biological resources. 

The Trustees and the Corps of Engineers in 1965 approved a dredge and 
fill permit to fill this land, the permit expired in 1967, and sub- 
sequently applicant removed 4,550 cubic yards of material before 
being stopped by staff personnel. The material previously placed inside 
the bulkhead line had sloughed off into the river due to the lack of 
retaining walls. Applicant tendered check for $1,365 as payment at 
the rate of 30C per cubic yard for the material removed without permit. 
The material lying riverward of the proposed seawall should be removed and 
replaced landward thereof. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted without 
objection, the Trustees accepted the staff recommendation for approval 
of the dredge permit. 



LEE COUNTY - Dredge Permit, Section 253.123 Florida Statutes. 
Without objection, at the request of Mr. Adams the Trustees deferred 
consideration of the application of First Development Corporation for 
a partial after-the-fact navigation channel and removal of additional 
material from Whiskey Creek in Section 10, Township 45 South, Range 24 
East, Lee County. 



PALM BEACH COUNTY - Because there were only four members of the Board 
of Trustees present, action was deferred on an exchange of land with 
the City of Boca Raton involving Florida Atlantic University property, 
that had been approved on this date by the Board of Education. 



DADE COUNTY - Corrective Deed, File No. 2189-13-253.12. 

Because only four members were present, the Trustees deferred action on 
a corrective deed requested by Joseph W. Bradham, Jr., on behalf of 
S. P. J. Inc. 



MANATEE COUNTY - On motion by Mr. Adams, seconded by Mr. Christian 
and adopted without objection, the rules were waived for consideration 
of a matter not on the agenda but of an emergency nature, according 
to brief explanation by the Executive Director and Mr. Frank Schaub, 
State Attorney of the Twelfth Judicial Circuit. 

Motion was made by Secretary of State Tom Adams, seconded by Commissioner 
of Education Floyd T. Christian, and carried without objection, that the 
following resolution be adopted by the Board of Trustees: 



11-10-70 



121 



RESOLUTION 



WHEREAS, the Board of Trustees of the Internal Improvement Trust 
Fund of the State of Florida authorized the dredging and removal of 
certain submerged lands for purposes of both providing an access channel 
and for filling certain lands for port purposes for the Manatee County 
Port Authority and did thereby designate certain specific fill areas 
for the disposition of any surplus land so dredged as reflected by 
Exhibit A attached hereto and, 

WHEREAS, the said Board of Trustees of the Internal Improvement 
Trust Fund on June 4, 1968, approved the fill permit issued by the Board 
of County Commissioners of Manatee County, Florida, to the Manatee County 
Port Authority under provisions of Section 253.124, Florida Statutes, 
to fill the 36.91 acres of land in Tampa Bay in Section 1, Township 
3 3 South, Range 17 East, in Manatee County, Florida, designated for 
port purposes and, 

WHEREAS, thereafter certain of the lands dredged for the con- 
struction of said channel were placed upon acreage immediately south 
of said port site, without approval or authority of this Board, said 
lands being the property of the Hendry Corporation, comprising approxi- 
mately 40 acres, and, 

WHEREAS, it appears that a sale of such unauthorized fill is 
contemplated very shortly to the Florida Power and Light Company, 

BE IT RESOLVED that the Hendry Corporation as the abutting 
upland owner do remove any fill created in violation of this Section 
upon the above-mentioned lands, and upon failure to do so this Board 
will remove it at its own expense, such fill in the course thereof 
shall become a lien upon the property of said Hendry Corporation as 
abutting upland owner, and the Executive Director of the Board is hereby 
directed to give notice of this Resolution to the Hendry Corporatij 
and to Florida Power and Light Company pursuant to Chapter 25 3 q^the 
Laws of the State of Florida. 



On motion duly adopted, the meeting was 



ATTEST 




Tallahassee, Florida 
November 17, 1970 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met in the auditorium of the Department of Transportation 
building in Tallahassee with the following members present: 



Claude R. Kirk, Jr. 

Tom Adams 

Earl Faircloth 

Fred 0. Dickinson, Jr , 

Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Commissioner of Agriculture 



James W. Apthorp 



Executive Director 



11-17-70 



122 



With reference to the minutes of last week which would be presented 
for approval on November 24, Mr. Adams said it was his intention that 
action be held up on a dredge and fill permit for Marco Island 
Development Corp. until the matter of using rip-rap bulkheading could 
be evaluated. The Director said he would review the transcript with 
Mr. Adams' staff. 



BREVARD COUNTY - Confirmation of Contract Sales. 

On November 16, 1965, the Trustees confirmed sale of two parcels of 
submerged land in the Banana River in Sections 9 and 10 , Township 
25 South, Range 37 East, Brevard County, to River Isles Development 
Company. Under policy in effect at that time, the applicant entered 
into contract sjj 24177 and 24178 have been paid in full, and grantee was 
entitled to receive deeds. The Department of Legal Affairs having 
advised that such matters should be presented for action by five members 
of the Board, the Director recommended approval on this date. 

Governor Kirk asked if the land was not in an aquatic preserve, sug- 
gesting that the property might be bought back. Mr. Adams asked if 
he wanted to hold up issuance of the deeds, but the Governor replied 
there was no way to hold up the deeds for land purchased by installment 
sale but repurchase might be investigated. 

On motion made by Mr. Adams, seconded by Mr. Faircloth and adopted 
without objection, the Trustees authorized issuance of the deeds and 
directed the staff to look into the possibility of buying back the 
land in the aquatic preserve. 



DADE COUNTY - Corrective Deed, File No. 2189-13-253.12. 
On motion by Mr. Faircloth, seconded by Mr. Adams and adopted without 
objection, the Trustees authorized issuance of a corrective deed to 
S. P. J., Inc., for $25 for the purpose of revising a minor error in 
the legal description of the land conveyed in Deed No. 24983(21890-13) 
dated July 29, 1969. 



MONROE COUNTY - File No. 2182-44-253.12, Application for 

Filled Land. 
The Director asked for deferment requested by a member of the Board, 
on consideration of Donald L. Wolland's application to purchase a 
0.25 acre filled parcel of sovereignty land in Little Basin, Florida 
Bay, in Monroe County. 

Without objection, consideration of the application was deferred. 



BREVARD COUNTY - Confirmation of Contract Sale. 

On April 12 , T966, the Trustees confirmed the sale of 26.36 acres 

of submerged land in Newfound Harbor in Section 31, Township 24 South 

Range 37 East, Brevard County, to Eightkap, Inc., a Florida corporation. 

Under policy in effect at that time, the applicant entered into contract 

to purchase, Contract No. 24270 has been paid in full, and grantee was 

entitled to receive a deed. The Department of Legal Affairs having 

advised that such matters should be presented for action by five members 

of the Board, the Director recommended approval on this date. 

Motion was made by Mr. Dickinson, seconded by Mr. Adams and adopted 
without objection, that the deed be issued. Governor Kirk added that 
the staff should find out if the land was in an aquatic preserve. 



PALM BEACH COUNTY - Land Exchange. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted without 
objection, the Board approved an exchange of land with the City of 
Boca Raton involving a portion of the Florida Atlantic University 
property. The exchange was approved by the Board of Education on 
November 10, but was deferred by the Trustees for the reason that five 
members were not present on that date. 



11-17-70 



123 

ST. LUCIE COUN TY - Land Exchange. 

Deferred last week when five members of the Trustees were not present 
was the request from the Board of County Commissioners of St. Lucie 
County for favorable consideration of a land exchange between the 
county and the adjoining owner , William E. Glover, Trustee. 

On January 15, 1946, by Deed No. 19115 the Trustees conveyed the 

S 1/2 of Lot 8, Section 19, Township 35 South, Range 41 East, containing 

19.71 acres, for bathing beach purposes. The lot conveyed to the 

county had approximately 275 feet of Atlantic Ocean frontage out of 

a total of approximately 1,320 feet of lot width. The adjoining owner 

proposed to exchange a portion of his land fronting the ocean in 

Section 20, Township 35 South, Range 41 East, St. Lucie County, which 

would provide the county an additional 600 feet, more or less, of 

ocean frontage and would provide the private owner a usabls lot depth. 

Staff recommended approval. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted without 
objection, the Trustees approved the exchange and authorized prepara- 
tion of suitable instruments to effectuate the exchange that would 
contain the usual restrictive covenants as to recreational and 
public purposes. 



BROWARD COUNTY - County Park Lease. 

On August 23, 1966, the Board of Commissioners of Florida Inland 
Navigation District dedicated to the Trustees for 99 years a 50-acre 
spoil island in Section 5, Township 48 South, Range 43 East, Broward 
County, for public park and recreation use subject to certain existing 
spoil disposal uses. Due to the limited size and location of the 
island, the Division of Recreation and Parks of the Department of 
Natural Resources determined that development and operation for park 
purposes could best be accomplished as a county park. On November 
10, 1970, the Department of Natural Resources approved lease to 
Broward County that had submitted a development plan and schedule 
acceptable to the Division of Recreation and Parks. 

The 1970 Legislature by Chapter 70-449, Laws of Florida, authorized 
5 acres of this spoil island to be used for oceanographic studies 
by the Florida Atlantic University Foundation, Inc. The County 
and the Division of Recreation and Parks agreed to work out details 
for the additional use of a 5-acre portion of the island, with the 
Foundation . 

Last week because five members were not present, the Board of Trustees 
took no action. 

Motion was made by Mr. Conner, seconded by Mr. Dickinson and Mr. Adams, 

and adopted without objection, the Trustees authorized issuance of 

a 95-year lease to Broward County of the 50-acre spoil island for 

public park and recreation uses subject to Chapter 70-449, Laws of Florida, 

and completion of the county park plan within 10 years. 



DADE COUNTY - Campsite Lease Renewal, Assignments. 

(1) Lease No. 2138. Safety Valves, Inc. holder of campsite lease 
in Biscayne Bay, Dade County, requested approval of assignment to 
Herbert W. Hoover, Jr. Said assignee requested renewal of Lease 2138 
for one year with option to renew for an additional four years at 
$300 annual rental. 

(2) Lease No. 2142. William A. Daniel, D. R. Burden and R. D. Slaton, 
holders of Campsite Lease No. 2142 in Biscayne Bay, requested one-year 
renewal with option to renew for four additional years at $300 annual 
rental. 

(3) Lease No. 2139. Martin Woolin requested renewal of Campsite 
Lease No. 2139 in Biscayne Bay for one year with option to renew 
for four additional years at $300 annual rental. 



11-17-70 



124 



The three requests conformed to policy of April 7, 1970, that allows 
lease as long as the structure remains on the site, and the policy 
of October 6, 1970, that established an annual rental of $300 for a 
quarter-acre site. 

On motion made by Mr. Adams, seconded by Mr. Dickinson and adopted 
without objection, the Board approved the assignment and renewal 
of Lease No. 2138, and renewal of Lease Nos. 2142 and 2139 as 
requested. 



DADE COUNTY - Oil and Gas Lease Assignment. 

Deferred last week because five members were not present, and 
presented on this date with staff recommendation for approval, was 
the request for assignment of that part of Oil and Gas Lease No. 
1939-1939-S held by RK Petroleum Corp. to Exchange Oil and Gas 
Corporation. Assignment and acceptance executed by both parties 
had been reviewed and approved by staff legal counsel. This lease 
was issued by the Board of Education and the Trustees on September 
24, 1963, covering 24,830 net mineral acres at Forty Mile Bend. 

Motion was made by Mr. Conner, seconded by Mr. Dickinson, that 
the assignment be approved. But Mr. Adams said he had been told 
that there was some question as to performance under this lease of 
an area contiguous to the Big Cypress. The Director would make a 
report to the Board on performance under the lease covenants. 
Mr. Conner had no objection to deferment. 

Without objection, the Board directed the matter to be brought 
back next week. 



COLLIER COUNTY - Oil Lease Assignment. 

On motion by Mr. Adams, adopted without objection, the Board 
approved assignment of an undivided one-half interest in Oil and 
Gas Drilling Lease No. 2447-S from Phillips Petroleum Company to 
Mobil Oil Corporation. Executed copy of assignment had been 
reviewed and approved by staff legal counsel. 



SHELL LEASE INCOME REPORT - The Trustees accepted for the record 
the following report of remittances to Florida Department of 
Natural Resources from holders of dead shell leases : 

Lease No. Company Amount 

1718 Radcliff Material, Inc. $ 103.57 

1788 Benton and Company, Inc. 18,163.98 

2233 Bay Dredging and Construction Co. 4,589.26 



MONROE COUNTY - Sand Lease Assignment. 

On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted 
without objection, the Board approved assignment of Sand Lease 
No. 2381, issued by the Board of Trustees on June 1, 1969, from 
Allied Electrical Co., Inc., to Keys Sand and Salvage Co. of Monroe 
County. Lease assignment and acceptance of the terms of the lease 
were approved by staff legal counsel. 



DADE COUNTY - City of North Miami, Dedication No. 23991. 
On April 7 and June 16, 1970, the City of North Miami came before 
the Trustees requesting approval of a proposed revocable license 
for operation of a concession on Spoil Island No. 1 in Biscayne Bay, 
one of the spoil islands dedicated in 1965 to the city for public 
purposes. There was no action on April 7, and on June 16 the 
request was deferred for the purpose of development of a policy for 
spoil islands throughout the state. On August 11 the Board adopted 
the following policy: (1) Spoil islands should be left in their 



11-17-70 



125 



natural state unless a greater public purpose could be served by 
development. Any non-state development should be undertaken under 
lease by the Trustees, rather than sale and consistent with guide- 
lines set forth in Section 253.111 Florida Statutes; and (2) Proposals 
for public development of any spoil island should be authorized only 
after consultation with appropriate state agencies to see if any 
better public purpose might be served. 

The City of North Miami submitted a proposed license agreement with 
a private concessionaire, but no plan of development was furnished. 
In view of the fact that the policy adopted required that spoil 
islands be left in their natural state and that the city to date 
had not developed the island dedicated on May 11, 1965; and, further- 
more, in view of the fact that the city had not carried out the 
conditions of the dedication which states: "In the event the said 
City of North Miami shall (1) use said lands for other than public 
park and recreational purposes, or (2) for a period of three con- 
secutive years shall fail and neglect to maintain and use the same 
for said purposes, the dedication hereby made shall at the option 
of said Trustees be subject to termination upon sixty days' notice 
in writing by the Trustees to said city"; the staff recommended denial 
of lease agreement and notification that the dedication would be 
rescinded in accordance with conditions in Trustees Dedication No. 23991. 
On October 27 the Board deferred consideration of the above staff 
recommendation that was placed on the agenda again at the request of 
a member of the Board. 

Mayor Sheppard Broad of the Town of Bay Harbor Islands objected to 
the lease agreement at previous hearings. He said he supported the 
staff recommendation to deny the lease and rescind the dedication. 
He would not object to the City of North Miami retaining the dedication 
if the spoil islands were left in their unspoiled state as recommended 
for such islands by the June 19 letter from the Division of Recreation 
and Parks, as green relief was needed in the area with many concrete 
seawalls . 

Mr. Adams pointed out that it had been the Board's policy to extend 
the right to public bodies to use such areas as were within their 
jurisdiction, and if the City of North Miami could assure the Board 
that the dedicated areas would be used for proper public purposes in 
public control, it might be desirable. Mr. Adams made a motion that 
the request for approval of the lease agreement be denied. The motion 
was seconded by Mr. Faircloth and adopted without objection. 

The second thing to be considered was the dedication. Mr. Elton T. 
Gissendanner pointed out that the dedication specifically required 
some development of the island by the city, which was why the license 
agreement was proposed. He added that the city would be happy for the 
islands to remain in their natural state, would have them patrolled 
by police, and would resist having the dedication rescinded. He 
suggested some amendment of the terms of the dedication. With reference 
to Mr. Adams' statement that the islands had not been kept clean and 
needed better supervision, Mr. Gissendanner said he was not aware that 
such report had been made, that it was not a factual report, that 
supervision of the islands was a continuing job. 

The Director recommended change in the terms of the dedication in line 
with the Board's new policy for spoil islands, since the original 
dedication contemplated recreational development, boating, beach and 
other facilities or construction. That would be contrary to the intent 
of the new policy to leave spoil islands in their natural state for 
the most part, unless under state control. 

Motion was made by Mr. Adams, seconded by Mr. Faircloth and adopted 
without objection, that the dedication be continued but amended in 
accordance with the recently adopted policy for spoil islands through- 
out the state. 



11-17-70 



126 

DADE COUNTY - Drainage Easement, File No. 2371-13-253.12. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted without 

objection, the Trustees granted request of Metropolitan Dade County 

by Resolution No. R-831-70 dated July 14, 1970, for an easement for 

secondary drainage in the Oleta River (Big Snake Creek) in Section 33, 

Township 51 South, Range 42 East, and Section 4, Township 52 South, 

Range 42 East, Dade County. The Central and Southern Florida Flood Control 

District had concurred in the request. 



PALM BEACH COUNTY - Maintenance Spoil Easement, 

File No. 2374-50-253.03 
Florida Inland Navigation District requested alternate spoil area to 
replace MSA 625B and MSA 626B in Lake Worth adjacent to Section 9, Town- 
ship 42 South, Range 43 East, Palm Beach County. On August 11, 1970, the 
Board authorized a marina license to Old Port Cove Condominiums that 
would allow a marina on the two spoil areas, conditioned upon applicant 
securing the approval by public agencies of alternate spoil areas. The 
Department of Natural Resources had no objection to the alternate site 
if no feasible upland sites were available, and Florida Inland Navigation 
District recommended substitution of the proposed site. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted without 
objection, the Board authorized issuance of the easement requested by 
FIND. 



PALM BEACH COUNTY - Commercial Dock Permit, Time Extension 
On motion by Mr. Adams, seconded by Mr. Faircloth and adopted without 
objection, the Board approved a time extension for State Permit No. 
CD-1719 issued to Arvida Corporation for a marginal wharf along the 
Intracoastal Waterway, to be used by the Coast Guard Auxiliary. 



OKALOOSA COUNTY - Marina License, Section 253.03, Florida Statutes. 
Motel Miramar Apartments, represented by Rhett E. Cadenhead, applied 
for a state marina license for installation of mooring facilities 
occupying 4,480 square feet in Santa Rosa Sound in Section 23, Township 
2 South, Range 24 West, Okaloosa County. 

On motion by Mr. Faircloth, seconded by Mr. Adams and adopted without 
objection, the Board authorized issuance of a marina license for the 
minimum payment of $100. 



VOLUSIA COUNTY - City of Daytona Beach Yacht Basin. 

On October 20 the Trustees heard a full presentation of the request 
from the City of Daytona Beach for release of restrictive covenants 
contained in Trustees Deed No. 20798 to allow the city to lease 
its yacht basin to be operated by private interests. The city also 
requested a marina license without charge for 14 acres of water area 
upon which was constructed the mooring facilities, and expected to 
lease the water column and bottoms at the usual rate of 2£ per square 
foot, using the money derived therefrom toward paying off the bonded 
indebtedness on the yacht basin. 

Staff renewed its two-fold recommendation (1) that the request for a 
marina license be denied, that such license be a separate matter to be 
considered by the Board, that the lease agreement between the city and 
successful bidder require that bidder file an application for a marina 
license to be granted by the Trustees under such terms and conditions 
as they may deem appropriate; and (2) that request for release of 
restrictive covenant contained in Deed NO. 20798 be granted only inso- 
far as it applies to leasing and only to a 5-acre portion, the release 
to be conditioned upon Trustees ' approval of lease agreement between 
the city and successful bidder. 



11-17-70 



127 

City Attorney John C. Chew stated that Daytona Beach, finding itself 
unable to finance certain repairs and capital improvements in the 
form of proper sanitary facilities and expanded electrical distribu- 
tion system, had asked for proposals for private developers for which 
release of deed restrictions was needed. But in the event the Board 
did not agree to release restrictions for this lease, the city needed 
a marina license for the operation of its marina and requested waiver 
of the 2C charge per square foot. Mr. Chew said the city would like 
the option to do what is financially best for the city. 

Mr. Apthorp said the staff's most serious disagreement with the 
city was the matter of payment of the marina license fee, that if the 
city was given a license and allowed to transfer it to a private 
operator, that operator should pay the fee to the Trustees for operating 
on sovereignty lands as other marina licensees had to do. The Director 
recommended that any marina license given to the city should be non- 
transferable. 

Mr. Edgar Dunn, attorney for a prospective lessee of the city yacht 
basin area, indicated agreement with the Director's recommendations, 
specifically that the city should have a marina license, and did 
not ask for a waiver of public revenue (the 2C per square foot fee) . 

Mr. J. Kermit Coble, representing another prospective lessee, said 
his client did not ask for preferential treatment but proposed that 
the 2C fee be paid to the city to go toward paying off its bonded 
indebtedness. Governor Kirk felt that would be taking revenue that 
should go to the entire state, not just the city. Mr. Coble referred 
to the fact that the city at great expense some twenty years ago 
built the docks, that the project was for public use, that the sewage 
facilities were needed, that the city had consulted the staff 
and tried to work up proposals but without waiver of the 2£ Mr. Coble 
did not think any private operator would be able to enter into a 
lease. 

There was further discussion and the consensus of the Board was 
against waiver of the fee in event the city desired to assign the 
operation of the marina to private parties. Mr. Adams expressed 
opposition to release of public purpose covenants on sovereignty 
lands . 

Motion was made by Mr. Adams, seconded by Mr. Dickinson and adopted 
without objection, that a non-assignable marina license be issued 
to the City of Daytona Beach without the 2C per square foot fee 
and, as suggested by the Governor, that all provisions required by 
the Air and Water Pollution Control Department be complied with by 
the yacht basin. 

On the matter of release of the restrictive covenant in Deed No. 
20798, motion was made by Mr. Faircloth, seconded by Mr. Dickinson, 
and approved on a vote of four to one, with Mr. Adams voting "No", 
release subject, however, to the city furnishing the project plans 
for examination by the Board. 

Since there were not five affirmative votes for release of the public 
purpose covenant, the effect was a denial. At the request of a 
Board member, that might be brought again to the members for 
reconsideration . 



PALM BEACE COUNTY - Dredge Permit to Improve Navigation, 

Section 253.123 File 579 
Arvida Corporation applied for permission for maintenance dredging 
in an existing boat slip 75 ft. wide, 75 ft. long and 4 ft. deep 
m.l.w., in Boca Raton Inlet in Section 28, Township 47 South, Range 
43 East, Palm Beach County. Approximately 30 cubic yards of 
material will be removed and placed behind an existing seawall in 
an area that has had erosion. Applicant tendered $50 minimum payment 
for dredge material and $50 processing fee. 

The City of Boca Raton approved the project. The biological report 
was not adverse and staff recommended approval . 



11-17-70 



128 



On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted 
without objection, the Trustees approved the application. 



PINELLAS COUNTY - Dredge and Fill Permit denied. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted without 

objection, the Trustees concurred in denial of a dredge 

and fill permit denied by Pinellas County Water and Navigation 

Control Authority on October 20, 1970, DFNo. 269 to the City of 

St. Petersburg to dredge 270,000 cubic yards of material from 

Tampa Bay and to fill 7.7 acres, more or less, in Tampa Bay for 

extension of runway at Albert Whitted Airport. 



DUVAL COUNTY - Dredge Permit 253.123-622; Fill Permit 253.124-132; 

SAJSP Permit (70-400) 
On September 22, 1970, the Trustees heard a full presentation 
from the applicants and the objectors with regard to a dredge and 
fill permit application from Dunn's Terminal Corporation that had 
been approved by the City of Jacksonville on May 12, 1970, for 
removing 327,000 cubic yards of material from the St. Johns River 
from areas sandy and unvegetated, according to the biological 
report. Applicant tendered $22,800 for material to be removed from 
sovereignty land, agreed to convey 5.3 acres of marsh land bordering 
on Wynn Creek to remain intact and unmolested in accordance with 
recommendations in the biological report, and further modification 
of the seawall configuration should diminish adverse hydrographic 
effects as indicated by a report from the Coastal Engineering 
Laboratory. The Department of Natural Resources had advised that 
a hydrological report was not needed. 

The Director had tried on three occasions to meet with the objectors 
and the applicant to attempt to resolve problems, but the objectors 
would not participate and still objected. The City of Jacksonville, 
requested by objectors to reconsider its action, refused to reconsider. 
Mr. Apthorp reviewed the matter and exhibited a map showing the 
application area. The staff still recommended approval. 

Mr. William L. Durden , attorney representing the sellers of the 
land, added further explanation of the project, history of the 
area, and approval of the application by the area planning and zoning 
board, Council and County Commission. He said it was in an industrial 
area, across the river from Blount Island. 

Strong objections were expressed by Messrs. Hans Vige, Jr., and 
Hans Vige, Sr., Miss Alberta James, and Mrs. Rosemary Furman. Many 
other objectors were present and additional petition and letters were 
offered to be filed. Reasons given for objecting to the dredging and 
filling included ecological and hydrographical considerations, drainage, 
protection of residences from the undesirable automobile body shredding 
plant proposed for the site to be filled, advice from various parties 
that further technical information was needed, and lack of understanding 
of maps and other things relating to the application. Mr. Vige, Sr., 
called attention to the vote at the last election on the constitutional 
amendment to protect submerged land in the public interest. 

Motion was made by Mr. Faircloth, seconded by Mr. Adams, that the 
staff recommendation for approval be adopted. With respect to the 
various reports submitted, the Board said they depended on the advice 
of the Department of Natural Resources and while they understood the 
concern of the residents, they felt that there had been a lack of 
understanding rather than any attempt to mislead anyone. The staff 
had attempted to schedule a meeting for the objectors to have some 
of their questions answered. Mr. Adams said that in recent litigation 
the court had said the law vests zoning in the local authority and 
zoning was not a problem to de discussed here. Both Mr. Adams and 
Mr. Dickinson assured the objectors that no one was trying to withhold 
anything, that it was complicated, the staff was trying to get all 
the answers and the applicant had been cooperative. 



11-17-70 



129 



The Director said this was not the first time there had been 
divergent biological reports, that Dunns Creek and Wynnes Creek 
and drainage should not be adversely affected, that the permit 
would contain a clause requiring careful control of the dredging 
and filling to prevent siltation, the matter of water quality 
would be handled by certification from the Department of Air and 
Water Pollution Control, and the staff recommended approval of 
the application. 

The motion to approve was adopted without objection. 



PASCO COUNTY - Dredge and Fill Permit, 

Section 253.123 and 253.124 Florida Statutes. 
Lindrick Corporation, represented by Walter A. Cassin, Jr., applied 
for permission to remove two spoil banks containing 172,882 cubic 
yards of material, and to perform maintenance dredging in two 
existing channels adjacent to Sections 12 and 13, Township 26 South, 
Range 15 East, in the Gulf of Mexico in Pasco County. Material from 
the spoil banks would be deposited on submerged land previously 
conveyed in an area where dikes were constructed to contain the 
spoil. Material from the two navigation channels would be spoiled 
alongside the channels on existing spoil banks. Each spoil bank 
would be a maximum of 300 ft. long and 100 ft. wide with a minimum 
of 150 ft. between the spoil banks to provide for tidal circulation 
The total dredge area was 7.7 5 acres with approximately 55 acres 
subject to filling, and applicant tendered $17,288.20 for the material 

The biological report was not adverse. The project was approved by 
Pasco County. The staff recommended approval of a permit containing 
the usual conditions regulating dredging and spoiling. 

On motion by Mr. Faircloth, seconded by Mr. Adams and adopted 
without objection, the Board authorized issuance of the requested 
permit . 



DADE COUNTY - Artificial Reef Permit. 

Snyder and Des Rocher, Inc., applied for a permit for an artificial 
reef in the Atlantic Ocean at 25° 02' 00" North Lat . , 80° 04' 06" W. 
Long., Dade County. Applicant tendered $50 processing fee. The 
material used should attract marine life and later, sport and commercial 
fishermen. The Department of Natural Resources suggested that metal 
parts be anchored and that care should be taken to prevent inadvertent 
introduction of pollutants into the water from the junk materials. 

Motion was made by Mr. Faircloth, seconded by Mr. Adams and adopted 
without objection, that the Board approve the application for an 
artificial reef permit. 



OKALOOSA COUNTY - Fill Permit, Section 253.124 Florida Statutes, 

Chapter 70-333, File 150. 
Okaloosa Island Authority, represented by Representative Jerry Melvin, 
requested approval of a fill permit issued by Okaloosa County Board 
of County Commissioners to reclaim land lost through artificially induced 
erosion in Santa Rosa Sound, commencing at the southeast corner of 
Lot 25, Block 13, and terminating at the east side of Sixth Beach 
Freeway in Okaloosa County. No filling will be done beyond the 
established bulkhead line. 

The biological report prepared on January 30, 1970, in connection 
with establishment of the bulkhead line, was not adverse. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted without 
objection, the Board approved the fill permit. 



11-17-70 



130 

DADE COUNTY - Fill Permit, Section 253.124 Florida Statutes, 

Deed File No. 2268-13-253.12 
Delphi Investment Company, represented by James R. Shiskin, requested 
approval of a fill permit issued by the City of Miami to fill 2.665 
acres of submerged land in Biscayne Bay adjacent to Section 12, 
Township 54 South, Range 41 East, Dade County. The parcel of 
submerged land was conveyed by the Trustees on April 7, 1970. The 
material to fill the parcel will be trucked in from upland sources. 

The biological survey report was adverse. The Bureau of Beaches 
and Shores advised that no hydrographic study was required. 

On motion by Mr. Conner, seconded by Mr. Faircloth and adopted without 
objection, the Board approved the fill permit. 



LEE COUNTY - Settlement and Dredge Permit, Section 253.123 F. S. 

First Development Corporation, represented by Duane Hall and Associates, 

made application for a settlement and permission to construct a 

navigation channel 1,200 feet long, 5 feet deep and varying from 

50 to 200 feet wide in Whiskey Creek in Section 10, Township 45 South, 

Range 24 East, Lee County. Approximately 325 cubic yards of material 

had been removed from Whiskey Creek before the project was stopped. 

Applicant desired to remove an additional 2,000 cubic yards of material 

from Whiskey Creek which, according to the Lee County Engineer, is 

the main outlet of a major drainage basin of the Iona Drainage District 

and needed improvement to handle the increased water runoff caused by 

subdivision development in the area. All required exhibits including 

$50 processing fee had been submitted. Consideration of the application 

was deferred last week at the request of the Secretary of State. 

The Department of Natural Resources recommended that no filling of 
submerged land be permitted and that fill presently placed on red 
mangroves be removed and the red mangroves be replanted. 

To resolve the matter 'applicant offered (1) to pay damages for fill 
previously removed at a penalty rate of $1 per cubic yard, (2) to pay 
for additional material at standard yardage rates of 10C per cubic 
yard, (3) to reduce depths of platted lots, (4) to cooperated with 
marine biologists and others to insure proper development of its 
holdings, and (5) to plant red mangroves on the offshore mangrove 
island in Whiskey Creek. 

Staff recommended approval of permit upon receipt of payment of 
$325 for the material already removed, payment of $200 for material 
to be removed, and a bond for $500 to insure replanting of red 
mangroves . 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted without 
objection, the Board accepted the staff recommendation as the action 
on this application. 



SUBJECTS UNDER CHAPTER 18296 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted without 
objection, the Trustees approved Report No. 976 and the 14 regular 
bids listed thereon for sale of lots in St. Johns County under provisions 
of the Murphy Act, Section 197.350 Florida Statutes, to X. L. Pellicer, Jr., 
for the highest bids totalling $2,960. Deed pertaining thereto was^£p"roved 
for execution. 



On motion duly adopted, the meeting was 



ATTEST: 



11-17-70 




131 



Tallahassee, Florida 
November 24, 19 70 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met in the Capitol in Tallahassee with the following 
members present: 



Jr. 



Claude R. Kirk, 
Tom Adams 
Earl Faircloth 
Fred 0. Dickinson, 
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 by Mr. Adams, seconded by Mr. Christian and adopted without 
objection, the Board approved the minutes of November 10 subject to 
amendment of page four to show approval of dredge and fill permit 
(File Nos. 253.123-677 and 253.124-148) contingent upon Board decision 
as to the nature of the bulkheading to be used for this project. 

Discussing the construction of bulkheads, Mr. Adams suggested that 
thought should be given to the use of riprap material which might be 
of greater benefit ecologically than poured concrete, and he would 
like an opportunity to evaluate a report on the subject. The dredge 
and fill application could then be agendaed for action of the Board. 



??--.::?:! ::: ZCv::TY - Bulkhead Line, Marina License. 

The Board of County Commissioners of Franklin County by resolution 
established a bulkhead line 948.19 feet long in Alligator Harbor at 
the Alligator Point Marina in unsurveyed fractional Sections 2 and 
3, Township 7 South, Range 2 West, Franklin County. The biological 
survey report was not adverse. On October 6 the Board deferred 
action for additional information. 

The area subject to the location of the bulkhead line was filled 
around 1959 by the applicant's predecessor in title, now deceased. 
Applicant, Alligator Point Marina, Inc., Peter Fenn , president, 
submitted invoices showing the number of hours that trucks operated 
removing material from the marina site which included areas owned 
by the applicant. It was estimated that 7,219 cubic yards of 
material was dredged from sovereignty land for which the applicant 
will pay $2,165.70, at the penalty rate of 30$ per cubic yard. The 
project would have limited temporary adverse effects on the marine 
biological environment. The Bureau of Beaches and Shores advised 
that a hydrographic survey was unnecessary. 

The marina area to be licensed consisted of 0.6 8 acres of filled, 
seawalled and improved sovereignty land and 1.73 acres of unimproved 
sovereignty land upon which floating piers are installed. For the 
total area of 104,979.60 square feet the annual license would be 
$2,099.59. The effective date would be December 1, 1969. 

The applicant planned to engage in maintenance dredging in the future , 
and the staff recommended deposit of all spoil material on the gulf 
front beach without cost to the state in areas designated by the 
Bureau of Beaches and Shores for beach nourishment purposes . The 
Director recommended no conveyance but that a marina license be issued. 

Motion was made by Mr. Adams, seconded by Mr. Conner and Mr. Dickinson, 
and adopted without objection, that the Board approve the bulkhead line 
located by Franklin County and issuance of a marina license effective 
December 1, 1969, in accordance with the staff recommendations. 



11-24-70 



132 

MONROE COUNTY - File No. 2182-44-253.12, Application for filled land. 
On October 20 at Mr. Adams' request, the Board deferred action on 
the application of Donald L. Wollard to purchase 0.25 acre parcel 
of filled land in Monroe County. 

Mr. Adams, noting that the financial condition of the applicant had 
been considered, felt that the penalty should be charged and reading 
of the transcript and minutes showed that the application had been 
held in abeyance for the expressed reason of developing policy. The 
Director said the staff would prepare the next agenda for the Wollard 
application in accordance therewith. 



INDIAN RIVER COUNTY - Bulkhead Line Relocation, Section 253.122 F. S. 
The Board of County Commissioners of Indian River County by Resolution 
No. 70-38 adopted September 9, 1970, relocated a bulkhead line 446.98 
feet long in the Indian River in Section 8, Township 31 South, Range 
39 East, following an existing seawall encompassing sovereignty land 
filled a number of years ago. The biological report was not adverse. 

The property of Wallington G. Bosworth, deceased, for which the bulk- 
head line was established, was bequeathed to Florida State University 
and Miami University. The executor of the estate needed clear title 
for disposal of the property, establishment of the bulkhead line being 
the first step. 

On motion by Mr. Christian, seconded by Mr. Faircloth and adopted 
without objection, the Board approved the bulkhead line as relocated 
by Indian River County on September 9, 1970. 



RESOLUTION - Canoe Trails. 

On motion by Mr. Dickinson, seconded by Mr. Faircloth, and adopted 
unanimously, the Trustees adopted the following resolution that 
designated portions of ' the Withlacoochee River from the Georgia-Florida 
state line to its confluence with the Suwannee River as a canoe trail, 
setting in motion a program of state-wide canoe trails as part of the 
state recreation program. The designation of waterways as state canoe 
trails required Trustees' concurrence with the Executive Board of the 
Department of Natural Resources. 

RESOLUTION 

WHEREAS, the State of Florida, by virtue of its sovereignty, is 
the owner of the beds of all navigable waters; 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 in the public interest for the people of Florida; 
and 

WHEREAS, the said Board of Trustees as part of its overall 
management program for Florida's state-owned lands, does desire to 
insure the perpetual protection, preservation and public enjoyment of 
exceptional value and quality by designating these certain areas as 
canoe trails; and 

WHEREAS the Executive Board of the Department of Natural Resources 
in meeting on October 13, 1970, approved a statewide system of canoe 
trails as a part of the state recreation program} and 

WHEREAS, the implementation of designation of waterways as 
state canoe trails requires the concurrence of the State of Florida 
Board of Trustees of the Internal Improvement Trust Fund; 

NOW, THEREFORE, BE IT RESOLVED by the State of Florida Board of 
Trustees of the Internal Improvement Trust Fund: 

THAT it does hereby concur with the Executive Board of the 
Department of Natural Resources approving a statewide system of 
canoe trails as a part of the state recreation program; and 



11-24-70 



133 



THAT it does specifically designate the Withlacoochee River from 
the Georgia-Florida state line to the Suwannee River State Park 
as a canoe trail; and 

THAT it does hereby recognize that portions of the Withlacoochee 
River lying within the State of Georgia as being included in the 
canoe trail system; and 

BE IT FURTHER RESOLVED by the State of Florida Board of 
Trustees of the Internal Improvement Trust Fund that it recognizes 
this project represents a cooperative effort between the State of 
Georgia and the State of Florida. 



VOLUSIA COUNTY - Dedication, File No. 2376-64-253.03 
The Board of County Commissioners of Volusia County by Resolution 
No. 70-13 adopted February 19, 1970, requests the dedication of 
6.35 acres of sovereignty land in the Halifax River abutting county- 
owned land in Township 15 South, Range 33 East, Volusia County, the 
land to be used for public park, marina, and associated public use. 

On October 27, 1970, five members were present and the vote was four 
to one for approval of bulkhead line, dredge and fill permit, marina 
license and dedication. Staff felt that five affirmative votes 
were needed for the dedication. 

Mr. Adams recalled that the county had urged immediate action 
because of the time schedule with respect to a federal grant. He 
called attention to a similar operation, the Daytona Beach Yacht 
Basin (see minutes of October 20 and November 17), which he had 
investigated and found out that the reason the city marina was short 
of funds was that other city expenses were being charged to the 
marina funds. The Director said the sites were adjacent, but the 
dedication recommended by the staff was for the county facility. 

On motion by Mr. Faircloth, seconded by Mr. Dickinson and adopted 
without objection, the Trustees approved the dedication to the 
county of land to be used for public park, marina, and associated 
public use. 



DESOTO COUNTY - Interest in Estate 

Under the will of Dolores Ruthenberg, one-third of her residuary 
estate was bequeathed to the Council for the Blind and one-third 
to the State Board of Health. On behalf of the Department of Health 
and Rehabilitative Services, the Trustees acquired an interest in 
Lots 1 to 24 inclusive, Block 11, Subdiv. 4, Section 19, Township 
38 South, Range 27 East, DeSoto County. Because the property and 
two-thirds interest would be of no value to the agency beneficiaries 
in their statutory responsibilities, the executor advised that the 
only buyer would be Bailey M. Theus , the other residuary beneficiary, 
who offered $100 for the interest of the state. The offer was 
higher than the value placed on the land by a M.A.I, appraiser. 

On motion by Mr. Conner, seconded by Mr. Adams and adopted without 
objection, the Board authorized sale of the interest of the Trustees 
to Mr. Theus by appropriate instrument and transfer of the $100 to 
the Department of Health and Rehabilitative Services for distribution 
to the Division of Health and the Bureau of Blind Services. 



DADE COUNTY - Temporary Borrow Easement 

On the agenda on September 22 and October 6, and deferred, was the 
application from the Department of Transportation for a borrow area 
of approximately 2 3 acres in Dumfoundling Bay, Dade County, in 
theoretical Sections 2 and 3, Township 52 South, Range 42 East, for 
material to be used on uplands in connection with construction of 
State Road 852 (192nd Street) . 

The biological report dated April 20, 1970, was adverse to dredging 
but applicant stated that an alternate area with suitable material 
could not be located within the vicinity of the proposed construction. 



11-24-70 



134 



The adjacent bottoms have been and are still subjected to extensive 
dredging. The dredge permit will be issued to the contractor after 
contract was awarded. Dredging would be done in such a manner that 
turbidities in the dredge area would not exceed 50 Jackson units 
above base. The spoil area would be diked to prevent silt from 
re-entering the bay. In addition, the Director reported that the 
Department of Transportation had given assurance that the dredging 
would be limited to areas of greater depth than five feet to preserve 
marine biological growth. 

Motion was made by Mr. Christian and by Mr. Adams, seconded and 
adopted without objection, that the application for temporary borrow 
easement be approved on the basis of dredging being done in areas five 
feet or deeper. 



BAY COUNTY - Spoil Area Easement 

The Board of County Commissioners of Bay County requested a spoil 
area for immediate and future maintenance channel dredging in Grand 
Lagoon and the ship channel in the Vicinity of St. Andrews State 
Park. The Division of Recreation and Parks recommended that dredge 
material suitable for beach nourishment be placed on the gulf shore 
line of the park to replenish eroded beaches. The Department of 
Natural Resources approved the project on this date. 

On motion by Mr. Faircloth, seconded by Mr. Adams and adopted 
without objection, the Trustees approved issuance of a perpetual 
easement to Bay County permitting placement of suitable spoil material 
on the designated area subject to issuance of a coastal construction 
permit by the Department of Natural Resources. 



MANATEE COUNTY - File No. 2318-41-253.12, Land Sale. 

On May 12, 1970, the Trustees authorized advertisement for objections 
only of two parcels of filled sovereignty land containing a total of 
2.798 acres, more or less, in the Manatee River in Section 26, Town- 
ship 34 South, Range 17 East, applied for by the City of Bradenton 
so that it could convey land to upland owners to conform with agree- 
ments entered into by the city in developing waterfront lands. The 
parcels were a part of the 54.25 acre tract dedicated to the city 
by the Trustees on February 27, 1968. The city will quitclaim 
rights encumbering the parcels acquired under the dedication. 

On June 30 the appraisal had not been received and the Board deferred 
action. An appraisal valued the 1.113 acre parcel at $36,362 and 
the 1.685 acre parcel at $36,699. The valuation reflected the 
improved condition of the land on which the cost of filling and 
cost of fill material were not deducted. The fill material was 
obtained from the river without cost consistent with the Trustees ' 
policy in effect at the time of the dedication, but rescinded on 
May 14, 1968. 

Staff recommended sale at the appraised valuation of a total of 
$73,061, less estimated cost of filling of $11,284.88, or the amount 
of $61,776.12 for the two parcels. The value included the usual IOC 
per cubic yard charge for fill material. 

The Director explained that the conveyance was an arrangement worked 
out at the time the state dedication was made to the City of Bradenton, 
that the riparian owners were to receive the two small parcels 
of land as their riverfront property was eliminated by the dedication 
to the city. The city will convey the parcels to those riparian owners 
as compensation for cutting off their riparian rights. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted without 
objection, the Board confirmed the land sale as recommended by the 
staff. 



11-24-70 



135 

PINELLAS COUNTY - File No. 2316-52-253.12, Land Sale 
At the request of a member of the Board, the application of George 
L. Mallory, et al , for purchase of a parcel of sovereignty land 
in St. Joseph Sound abutting the vacated portion of Albert Street 
in the City of Dunedin in Section 34, Township 28 South, Range 18 
East, Pinellas County, containing 0.22 acre, more or less, appraised 
at $530.00, was again presented to the Trustees for consideration. 
Applicant had amended his plan so that only limited adverse effects 
might occur to the marine biological resources. High-rise rental 
units or a condominium was planned and applicant submitted evidence 
that the small parcel applied for was a pocket in which debris 
collected. 

The application was advertised and sale recommended by Pinellas 
County Water and Navigation Control Authority. On July 21 the 
Trustees approved the sale on the vote of three to two - which 
amounted to a denial without five affirmative votes. On August 4 
a member had requested reconsideration, which was deferred at the 
applicant's request. 

Staff recommended the sale and approval of a fill permit under 
Section 253.124 Florida Statutes granted by Pinellas County on 
February 17, 1970, for two parcels of submerged land previously 
conveyed and for the 30-ft strip considered on this date. 

The Director said the applicant owned property on either side of the 
strip and had agreed to reconvey three acres of submerged land that 
he would not fill lying riverward of his property. There did not 
appear to be any public use of the 30 ft. strip of land, and it did 
appear to be in the public interest to reacquire the three acres 
of bay land. Answering Mr. Adams' question about a marina license, 
the Director said when it was land owned by the applicant the staff 
did not charge a license fee. 

On motion by Mr. Faircloth, seconded by Mr. Christian and adopted 
without objection, the Trustees confirmed the sale of the advertised 
parcel, approved fill permit for two parcels of submerged land 
previously conveyed, and approved fill permit for the parcel 
confirmed on this date. 



PALM BEACH COUNTY - File No. 2372-50-253.12, Application to 

Advertise 
William E. Benjamin II, represented by Raymond W. Royce, made applica- 
tion to purchase 4 parcels of sovereignty land in Lake Worth abutting 
a parcel of filled sovereignty land in Section 10, Township 45 South, 
Range 43 East, containing 4.928 acres in the Town of Manalapan, 
Palm Beach County, landward of the established bulkhead line. Appli- 
cant proposed to use the parcels for single family residential 
construction to complete development begun approximately 13 years ago, 
to increase the tax base, to straighten an irregular shoreline. The 
small parcels are not usable by the public and Resolution No . 11-70 
adopted by the Town Commission of the Town of Manalapan approved the 
application. 

The biological report dated April 24, 1970, was adverse. The Director 
said the applicant was caught by a policy change, that he did not 
think the reasons given represented the public interest in accordance 
with the Board's criteria, and that improvement by straightening the 
shoreline would serve the property owner but was not for public use. 
The staff recommendation should be adverse. 

Treasurer Broward Williams said the work was started in the fifties, 
the applicant had agreed to limit the work to the four small parcels 
to straighten the shoreline to make it look better. He did not think 
the work would damage fisheries, and making the property usable was 
in the public interest. 

Secretary of State Tom Adams commented that there had been cases where 
prior arrangements or commitments or work begun under the Old Butler 
Act were considered by the Board, that these small parcels were useless 
in their present state. In talking to the applicant he found out that 



11-24-70 



136 

rip rap would be used for much of the work which would aid the 
ecology; also, the applicant would transplant a large portion of 
the mangroves where feasible - all subject to staff approval. 

For the above three reasons, Mr. Adams made a motion that the 
Board agree to advertise the parcels for objections only. Messrs. 
Faircloth and Dickinson seconded the motion. Governor Kirk said 
he was not going to object, but as a resident of Palm Beach County 
the concept of riprap did not please him as it might cause vermin 
and flies and collection of debris. When the applicant came to the 
Board for a fill permit that matter would be considered, Mr. Apthorp 
advised. 

Another motion approving the application for advertisement was made 
by Mr. Faircloth, seconded by Mr. Williams and adopted without 
objection. The Governor said he would vote against rip rap when 
the fill permit was under consideration. 



TRUSTEES RULES - Repeal 18-031 and 18-1.032 

On motion by Mr. Christian, seconded by Mr. Williams and adopted 
without objection, the Trustees repealed Administrative Rules 
18-031 and 18-1.032 which set forth certain restrictions in 
leasing of reserved fractional interest in oil and gas held by the 
Trustees in privately-owned land. The two rules were no longer 
necessary because of the enactment by the 1969 Legislature of 
Chapter 69-369, Laws of Florida (Section 253.451 Florida Statutes), 
which broadened the term "land the title to wiich is vested in the 
state" to encompass lands previously held by the state or any 
agency thereof, in which mineral rights were retained. The statutes 
now prescribe the manner in which oil and gas leases or reserved 
interest shall be leased. 



CHARLOTTE COUNTY - Lease Assignment 

On motion by Mr. Dickinson and Mr. Christian, seconded by Mr. 
Williams and adopted without objection, the Trustees approved the 
assignment of Oil and Gas Drilling Lease No. 2448 dated July 7, 
1970, covering the Webb Wildlife Management Area, from E. M. Smith 
to Shell Oil Company. Instrument of assignment and acceptance 
executed by both parties had been reviewed and approved by staff 
legal counsel. 



DADE COUNTY - Lease Assignment. 

Staff recommended approval of assignment of that part of Oil and 
Gas Drilling Lease No. 1939-1939-S held by RK Petroleum Corp. to 
Exchange Oil and Gas Corporation. The lease, issued by the Board 
of Education and the Trustees on September 24, 1963, covered 
24,830 net mineral acres at Forty Mile Bend. Assignment and 
acceptance executed by both parties were approved by staff legal 
counsel. 

Action was deferred on November 17 due to question being raised 
regarding the lessee's compliance with provisions of the lease. 
All terms and conditions have been complied with by the lessee. 

On motion by Mr. Christian, seconded by Mr. Williams and adopted 
without objection, the Board of Trustees approved the lease 
assignment. 



COLLIER COUNTY - Advertise Oil and Gas Lease 

Sun Oil Company requested the Board to advertise for sealed bids 
for an oil and gas drilling lease of the reserved one-half interest 
of the Board of Education in the petroleum in privately-owned 
Sections 16, Township 46 South, Ranges 29 and 30 East, containing 
1,280 surface acres in Collier County. 

On September 22 and October 6 the Board deferred action due to a 
question with respect to the location. The two sections appear to 
be immediately to the north of the north line of the Big Cypress 
watershed. 

11-24-70 



137 



The State Geologist concurred in the staff recommendation to 

advertise for sealed bids for a five-year oil and gas lease covering 

the reserved one-half interest of the Board, lease to require 

an annual rental of $1 per net mineral acre, 1/8 royalty, $50,000 

surety bond and at least one test well every 2 1/2 years to a depth 

of 6,000 feet or to the top of the Lower Cretaceous, whichever is 

deeper ; 

On motion made by Mr. Dickinson and Mr. Christian, seconded by 
Mr. Williams, and adopted without objection, the Board authorized 
advertisement for sealed bids for lease of the reserved interest. 



)RY COUNTY - Application to Advertise Oil and Gas Lease 



At the request of the Governor, consideration of an application 
from Sun Oil Company was deferred. Applicant desired advertisement 
for sealed bids for an oil and gas drilling lease of reserved one- 
half interest held by the Board of Education in privately-owned 
Section 16, Township 47 South, Range 33 East, Hendry County, which 
was located approximately three miles south of the northerly 
limits of the Big Cypress drainage area. 



::--:a?.l:"z :::::ty - :ii and :-= = lease 

On October 6 the Trustees authorized advertisement for bids for a 
five-year oil and gas drilling -lease of the reserved one-half 
interest of the Board of Education in Section 16, Township 41 South, 
Range 27 East, Charlotte County, containing 640 surface acres 
(320 net mineral acres) . Invitation to bid was published pursuant 
to law in the Tallahassee Democrat and the Eerald-Xews , Punta Gorda, 
Florida, and bids were opened at 10:00 A.M. on this date. 

Amerada Hess Corporation, the only bidder, offered $1,280 which 
included offer of rental for the first year at the rate of $1 per 
net mineral acre, for a state drilling lease for oil, gas and 
other petroleum products, covering the reserved one-half interest 
in the advertised land. 

On motion by Mr. Faircloth, seconded by Mr. Williams and adopted 
without objection, the Trustees accepted the bid of Amerada Hess 
Corporation for an oil and gas drilling lease under the usual 
terms and conditions stated in the lease. 



SANTA ROSA COUNTY - Oil and Gas Lease 

;r. l::::er 12 -he 7:.;:;os ;;-^:ri:el advertisement fcr bids for a 
five-year oil and gas drilling lease covering the reserved one- 
half interest of the State of Florida under Chapter 18296, the Murphy 
Act, in a parcel of privately-owned land described as the South 
22 1/2 chains of Government Lot 2, Section 12, Township 5 North, Range 
30 West, containing 44.995 surface acres (22.497) net mineral acres). 
Invitation to bid was advertised in the Tallahassee Democrat and the 
Press-Gazette of Milton, Florida, pursuant to law, and bids were 
opened at 10 a.m. on this date. The land was in the Jay area. 

Bids submitted were $24,929.71 from Sun Oil Company of Dallas, 
Texas, $45,156.86 from G. Thomas Smith of Tampa, Florida, and 
$112,894.97 from M. B. Rudman of Dallas, Texas, which included the 
first year's rental of $22.50. 

On motion by Mr. Christian, seconded by Mr. Williams and adopted 
without objection, the Trustees accepted the high bid from 
M. B. Rudman for lease of the advertised reserved one-half interest in 
the Santa Rosa County land previously sold under provisions of the 
Murphy Act. 



11-24-70 



138 



MONROE COUNTY - Fish Camp Lease 

"Alabama" Jack Statham and wife applied for lease of a 0.93 acre 
parcel of sovereignty land along the southwesterly side of Card 
Sound Road in the SW 1/4 of Fractional Section 18, Township 59 South, 
Range 40 East, Monroe County, under certain terms as described on 
the agenda. The lessee proposed to rent boats, motors, fishing 
tackle, and operate a concession stand open to the general public. 
The staff recommended approval of a lease with the effective date 
of January 1, 1971. 

On motion by Mr. Williams, seconded by Mr. Christian and adopted 
without objection, the Board approved the terms and conditions of 
a lease recommended by the staff. 



BROWARD COUNTY - Dredge Permit to Improve Navigation, 

Section 253.123 Florida Statutes, File 587 
A cabinet member requested consideration of an application denied 
on August 25 on a three-to-three tie vote from Port Everglades 
Authority for a dredge permit for a channel parallel to and 
adjoining the Old F. E. C. Canal, and to dredge from Intracoastal 
Waterway and place the material on upland property of the Authority. 
On August 25 the staff recommended approval, in view of the fact 
that the biological report was not adverse to dredging and the 
dredging was not adverse to the Broward County Park. 

The Director said deferment was requested by a member of the Board, 

but there were persons present who desired to be heard. The 

Authority desired to improve the canal and prepare a site to serve 

the needs of Hydrospace Research Corporation for oceanographic 

and pollution research. Mr. Apthorp reported to the Board that the 

chairman of the Board of County Commissioners of Broward County 

by telegram received this morning stated objection, and had received 

the notice mailed last Wednesday only yesterday. It appeared that 

notice to the applicant's representative was also delayed in the 

mail, but both parties had known of the matter being scheduled on 

the agenda in time to be present to be heard by the Trustees. 

Mr. Linwood Cabot spoke briefly for the applicant, commenting that 
this was his third appearance on the matter. 

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



COLLIER COUNTY - Dredge Permit, File 253.123-679 

The Marco Island Development Corporation applied for a permit to 
allow dredging 2,111,999 cubic yards of fill material from 64.35 
acres in Collier Bay. The Board of County Commissioners had issued 
a permit, the dredging area was modified to reduce adverse effects, 
and after project modifications the Department of Air and Water 
Pollution Control no longer objected". The developer would be 
expected to comply with that Department's provisions to contain the 
silt and control the turbidity, Mr. Nathaniel P. Reed said. 

The applicant had agreed to reconvey three parcels of mangrove 
islands and submerged lands heretofore conveyed in lieu of payment 
for fill material. Staff thought that the exchange of undeveloped 
mangrove and submerged land was fair and increased the land inventory 
in the pattern of the Collier-Read plan. Staff recommended approval 
of the dredge permit. 

Mr. Adams raised a number of questions regarding surveys, deed 
descriptions that were vague in the original conveyance, and he 
suggested delay for clearing up such questions before the land trade 
was considered. The Director was agreeable to deferment, said that 
staff surveys indicated no questions in the sites involved in the 
proposed trade, but agreed that in all the holdings of the company 
there might be uncertainties regarding surveys and title to be 
cleared up. Mr. Christian suggested deferment for checking the 
appraisal. Governor Kirk said he was ready to vote based on the 
staff work. 



11-24-70 



139 



Motion was made by Mr. Faircloth, seconded by Mr. Williams, that 
the staff recommendation be accepted. Mr. Christian voted against 
the motion, and made a substitute motion, seconded by Mr. Adams, to 
defer for two weeks for review of the deed description. 

Mr. Jack Peeples, representing the applicant, assured the Board of 
the title sufficiency of the parcels involved in the proposed land 
exchange, did not oppose another deferment, but asked that a time 
be scheduled for action. He also discussed the Collier-Read tract 
application previously deferred at Mr. Adams' request, which at the 
time the bulkhead line was established had been referred to as an 
example of good planning by all concerned and a development that his 
client was very proud of because development was planned in a way 
to preserve and improve conservation and ecological resources. 

Mr. Peeples commented on the lack of conservation objections to 
the Collier Bay application, the great amount of work by the staff 
that helped the developer to maintain the natural state as much as 
possible, the report on use of riprap prepared on short notice at 
Mr. Adams' request for information although his client had no 
particular background in that type construction; and he asked for 
information regarding the question of imposing a riprap requirement 
on this application or as a general matter of policy. Mr. Adams 
said he would not propose retroactive action that was unfair but in 
the public interest the Board should study techniques that would 
improve conservation and ecology wherever possible. Mr. Adams 
desired deferment to be sure that any action taken would be based 
on fact. 

Without objection, the substitute motion for deferment for two 
weeks was adopted. 



COLLIER COUNTY - Seawall Replacement, Section 253.03 F. S. 
On motion by Mr. Faircloth, seconded by Mr. Adams and adopted without 
objection, the Board approved the application of Key Island, Inc., 
represented by Paul T. O'Hargan, to replace an existing wooden 
seawall with a concrete seawall in Cutlass Anchorage adjacent to 
Gordon Pass Channel in Section 21, Township 50 South, Range 25 
East, Collier County. The project had been approved by the county 
and the Department of Natural Resources had no objection. 



LAKE COUNTY - Settlement and Dredge Permit 

Mrs. Esther Lackey of Flagler Beach, Florida, applied to construct 
a navigation channel 800 ft. long, 90 ft. wide, 10 ft. deep, in 
Section 37, Township 16 South, Range 28 East, in Lake County. She 
had connected two land canals with the St. Johns River and removed 
15,767 cubic yards of material, and now desired to remove an 
additional 38, 194 cubic yards to be placed on the upland. Applicant 
tendered check for $8,549.50 as payment at 30C per cubic yard _ for 
material already removed and 10* per cubic yard for the additional 
material she needed. 

Florida Game and Fresh Water Fish Commission was unable to evaluate 
the biological resources in the area because part of the work had 
been done. The staff made an investigation and recommended a 
settlement and issuance of the dredge permit. 

Motion was made by Mr. Faircloth, seconded by Mr. Christian and 
adopted, with the Governor and Secretary of State voting "No" 
that the staff recommendation be accepted. 

Mr. Adams opposed settlement, commenting that under the law a 
person doing such work without a permit could be prosecuted or 
required to replace the material, and the price charged could be 
three times the local price for such material. He said the Board 
should get tough in such cases. 



11-24-70 



140 



PINELLAS COUNTY - Dredge and Fill Permit, 

Sections 253.123, File 683; 253.124, File 151 
Madeira Garden Apartments, Inc., submitted an application approved 
by Pinellas County Water and Navigation Control Authority for 
maintenance dredging to minus-8 feet m.l.w., 50 ft. wide top cut, 
in two existing channels, and to dredge one channel that same depth 
and width and 700 ft. long in Boca Ciega Bay adjacent to Sections 
3 and 4, Township 31 South, Range 15 East, Pinellas County. Spoil 
placed on upland and privately-owned submerged land will fill 0.69 
acre of submerged land. Applicant tendered $75.90 for 759 cubic 
yards of material to be removed from sovereignty land in an aquatic 
preserve . 

The application was deferred on October 13 for checking a reported 
violation. The work reported as a violation, however, was actually 
performed on upland. The area was originally filled under BDF 
Permit No. 70 issued by Pinellas County prior to July 25, 1961. The 
biological report was partially adverse. Staff recommended approval 
with certain requirements. The 8 ft. depth of the channel, rather 
than the minimum 5 ft., was noted by Mr. Adams and discussed. 

On motion by Mr. Christian, seconid by Mr. Williams and adopted 
without objection, the Board approved the permits subject to the 
requirement that dikes be constructed to contain all spoil, and waste 
water weirs be installed to minimize silting. 



HILLSBOROUGH COUNTY - SAJSP Permit 66-383 

On July 7 the Board postponed action on the request of District 

Engineer, Jacksonville, District, that the Board indicate an overall 

state position on reissuance of SAJSP Permit 66-383 as modified. 

At the time the original federal permit issued on February 13, 1967, 

the Trustees had no clear-cut authority to act on these matters 

within the boundaries of the Tampa Port Authority. 

The Marine Bank and Trust Company obtained a permit from Tampa Port 
Authority on June 22, 1967, to expire June 21, 1972, to dredge and 
fill submerged land in Tampa Bay abutting Section 19, Township 2 9 
South, Range 18 East, Hillsborough County. The permit issued prior 
to the effective date of Chapter 67-1503 did not require a biological 
study . 

The Game and Fresh Water and Fish Commission has objected to the permit 
on the basis that the area is highly productive for estuarine 
resources. The Trustees deferred action on response to the District 
Engineer in meetings on July 21 and July 28, 1970. Deed to submerged 
land subject to be filled granted to the company was in escrow with 
release of the deed contingent upon the land being filled to an 
appropriate elevation complying with local zoning requirements. If 
the company failed to secure the necessary fill permits, it appeared 
that the agreement between Tampa Port Authority and the Marine Bank 
and Trust Company would be invalid. 

The staff recommended that the Board officially object to reissuance 
of SAJSP Permit 66-383 as modified. Mr. Adams said that because 
of the previous jurisdiction of the Tampa Port Authority, the 
bulkhead lines had not been re-examined. He and the Governor said 
they should be reviewed and relocated. The Director advised that 
the 1970 act clearly applied to dredge and fill permits, but might 
not apply to bulkhead lines. A legal interpretation was needed. 



11-24-70 



141 



A memorandum dated November 2 4 from Mr. Nathaniel P. Reed, Chairman 
of the Department of Air and Water Pollution Control, recommended 
development of a comprehensive plan for Tampa Bay and its shoreline 
and stated that after approving the Marine Bank and Trust project 
the Department would issue no further dredge and fill permits except 
where there is a clear public emergency. Mr. Reed suggested that 
the Trustees hold the line on issuing any further dredge and fill 
permits except for public emergencies or in accord with an overall 
bay plan. He offered a resolution for consideration by the Trustees. 

Mr. Joseph Phillip Phyler, attorney, made a presentation on behalf 
of the applicant, reviewing the background of the property in the 
Hillsborough County Port Authority, now Tampa Port Authority, the 
setting of bulkhead lines , hearings , dredge and fill permit for the 
subject parcel, the objections in 1969 by the Department of Interior 
and state agencies based on biological reports. The applicant had 
obtained independent biological reports, desired to fill in line with 
Sheldon bulkhead limits , and would improve a muck pocket now in a 
deteriorating condition. 

Mr. Christian said he knew the property collected debris and saw 
no reason not to allow filling in line with previously filled land. 

On motion by Mr. Williams, seconded by Mr. Christian, for approval, 
Mr. Adams pointed out that to "no protest" the Corps permit was 
not the staff recommendation; and the Governor conditioned his 
approval on Mr. Reed's memorandum to the Trustees. Mr. Conner felt 
that he needed an opportunity to study the memorandum and would 
like the permit application and consideration of the memorandum 
and resolution handled separately. 

Mr. Dickinson was in favor of the permit and the memorandum; but 
he said he did not know all the implications of the language in the 
memorandum and reserved the right to look at any application in the 
future on its merits because circumstances ecologically and other- 
wise might necessitate adjustments. 

Mr. Phyler commented that the resolution appeared to redeem the 
Trustees' jurisdiction with respect to bulkhead lines in Tampa Bay 
but might raise a legal question. He said the memorandum and 
resolution imposed a moratorium on dredge and fill permits pending 
overall planning for Tampa Bay. 

With the reservations expressed above by Mr. Conner and Mr. Dickinson, 
the motion by Mr. Williams, seconded by Mr. Christian, that the 
Trustees approve issuance of the Corps of Engineers permit provided 
the development implementation of the plan shall be in strict 
keeping with the recommendation contained in Mr. Reed's memorandum 
of November 24, 1970, to the Board, approve said memorandum, and 
adopt the resolution as suggested by Mr. Reed was carried unanimously. 

RESOLUTION 

WHEREAS, the Board of Trustees of the Internal Improvement 
Trust Fund has reviewed the application of Marine Bank and 
Trust Company to the United States Army Corps of Engineers, 
SAJSP Permit (66-383), and 

WHEREAS, the Corps of Engineers has requested that the 
State of Florida take official position with respect to the 
reissuance of said permit as modified, and 

WHEREAS, after closely reviewing the various aspects of 
the proposed project, 

NOW, THEREFORE, BE IT RESOLVED, that the said Board on 
behalf of the State of Florida does not object to reissuance 
of said permit conditioned upon the declaration of a moratorium 
on the issuance of any further dredge and fill permits for 
Old Tampa Bay until such time as a master plan of development 
has been implemented for the Bay. 

BE IT FURTHER RESOLVED, that the development and 



11-24-70 



142 



implementation of said master plan should be in strict keeping 

with the recommendations contained in Mr. Nathaniel P. Reed's 
memorandum of November 24th, 1970, to the Board. 

BE IT FURTHER RESOLVED that there will be no further 
dredge and fill permits approved by the Trustees for Old 
Tampa Bay until such time as bulkhead lines have been 
relocated and the master plan of development has been 
implemented. 



TRUSTEES LEGISLATIVE BUDGET - On motion by Mr. Faircloth, seconded 
by Mr. Christian, the Board approved the 1971-72 Legislative Budget 
as submitted. 



SARASOTA COUNTY - Bulkhead Line, Dredge and Fill Permit, 

File No. 253.123-682 
The Sarasota County Water and Navigation Control Authority on 
November 2, 1970, established a bulkhead line 9,958.22 feet long 
along the Myakka River in Sections 34 and 35, Township 39 South, 
Range 20 East, Sarasota County. The original biological report 
dated March 11, 1970, was adverse and recommended certain changes 
to preserve portions of the marsh and mangrove area. Objections 
based on potential damage to the ecology were overruled at the 
local hearing, and the Authority established the bulkhead line and 
issued dredge and fill permits. Objections were filed with the 
Trustees. 

The applicant agreed to reconvey approximately 8.1 acres of marsh 
to the state conditioned upon their success in obtaining all dredge 
and fill permits required to commence development. Deed for the 
land will be held in escrow for six years from date of issuance of 
all necessary dredge and fill permits. If the grantor fails to 
direct delivery of the deed, the escrow agent will automatically 
deliver the deed after expiration of the six-year period. 

Applicant submitted $611.11 payment for 6,111 cubic yards of fill 
material to be removed from a 1,100 ft. by 50 ft. by 5 ft. perimeter 
navigation channel alongside the Myakka River, and paid the $50 
processing fee. Staff recommended approval. 

Mr. Adams suggested that the terms as to how the work should 
proceed that were outlined in a November 9th memorandum from Mr. 
John DuBose to Mr. Dallas Gray in the Trustees' office should be 
incorporated in the approval, as requirements. He made a motion 
to that effect, that was seconded by Mr. Christian and adopted 
without objection. 



TRUSTEES FUNDS - Litigation Expenses 

The State of Florida is a party defendant in litigation styled 
the United States vs. Maine. Pursuant to discussion with Attorney 
General Faircloth and Attorney General Elect Shevin, the Director 
recommended that the Trustees bear the expense of the litigation 
which involves about 40 to 50 thousand square miles of offshore 
territory in the Atlantic Ocean which may come to the state as a 
result of the lawsuit. The Trustees would be the immediate 
beneficiary if successful in the suit, as title to the land 
would come to the Trustees. 

On motion by Mr. Adams, seconded by Mr. Christian and adopted with- 
out objection, the Board of Trustees authorized an amendment to the 
budget of $24,509 to support the cost of the litigation from 
December 1, 1970 through June 30, 1971, as recommended by the 
Director. 



11-24-70 



143 



SUBJECTS UNDER CHAPTER 18296 

On motion by Mr. Conner, seconded by Mr. Adams and adopted without 
objection, the Trustees approved Murphy Act Bidding Report No. 977 
and issuance of deed for sale of a parcel of land in Jefferson 
County under provisions of Section 197.350 Florida Statutes to 
Willie Taylor, Sr., for the high bid of $150. The land was certified 
to the State of Florida under tax sale certificates 6 of 1929, 
15 of 1930, 32 of 1933, described as two acres in E 1/2 of Sw'l/4 of 
Section 16, Township 1 North, Range 3 East, Jefferson County, 

On motion duly adopted, the meeting was 



ATTEST: 




Tallahassee, Florida 
December 1, 197 



The State of Florida Board of Trustees of the Internal Improve- 
ment Trust Fund met in the Capitol in Tallahassee, Florida, with the 
following members present: 



Claude R. Kirk, Jr. 

Tom Adams 

Earl Faircloth 

Fred 0. Dickinson, Jr. 



Governor 

Secretary of State 
Attorney General 
Comptroller 



James W. Apthorp 



Executive Director 



The minutes of the meeting of November 17 were approved as 
submitted. 



BREVARD COUNTY - File No. 2328-05-253.03, Dedication. 

On October 6, 1970, the Board authorized advertisement of a proposed 
dedication of 4.45 acres of sovereignty land in the Indian River 
abutting Sections 33 and 34, Township 24 South, Range 36 East, to 
the City of Cocoa to be used for a wayside park adjacent to State 
Road 520. The park was to be constructed by the Department of 
Transportation. The city had reconveyed to the Board land previously 
dedicated, as required by the Trustees' action on January 27, 1970. 

The biological report dated August 15, 1969, made at the time the 
bulkhead line was being relocated, was adverse to filling the area. 
The Director explained that the biological report was made on the 
entire site of about 10 acres, but about one-half of the area, the 
most productive portion, was eliminated from the plan. The staff 
recommended issuance of dedication instrument for public purposes. 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted 
without objection, the Board authorized issuance of the dedication 
for public purposes to the City of Cocoa. 



12-1-70 



144 



LEVY COUNTY - Shoreline Survey. 

Robert Wigglesworth of M. K. Flowers and Associates, Gainesville, 
Florida, submitted a proposal to conduct an aerial photographic survey 
of Township 15 South, Range 13% East, on an experimental basis in an 
attempt to establish a bulkhead line in an area relatively inacces- 
sible by conventional transportation. It was proposed to take 
infrared, color, and black and white photography and by scientific 
techniques to locate the mean high water line. The project would be 
unique as the area was subject to a recent dependent resurvey to which 
aerial photography can be related to visible, locatable monuments. 
The position of the United States Government meander line can be 
compared to photo-interpreted mean high water lines. Infrared photog- 
raphy owned by the Trustees, now in cold storage, would be used for 
the project. 

As part of the cooperative project, the Board of County Commissioners 
of Levy County on November 3, 1970, agreed to expend funds in the 
amount of $1,000 to match a similar amount to be provided by the 
Trustees . 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted without 
objection, the Board authorized expenditure of Trustees' funds 
(matching funds) not to exceed $1,000 for the project, payable to 
M. K. Flowers and Associates. 



PALM BEACH COUNTY - File Nos. 2074-50-253.12 and 2075-50-253.12. 
Applications from two riparian owners, Eugene N. Uvanile and 
Dependable Enterprises, Inc., for purchase of parcels of sovereignty 
land in Lake Worth in the Town of Riviera Beach, Florida, were 
placed on the agenda for consideration on this date. The biological 
reports were not adverse but the applicants had not submitted any 
reasons why the sales would be in the public interest, and the staff 
recommended denial and refund of the monies deposited toward the 
purchase price. 

Mr. Apthorp said the applicants had been notified of the listing 
on the agenda on this date and had requested deferment. Mr. Adams 
suggested that in two weeks' time the applicant might prepare 
information for the public purpose requirement. 

Without objection, the Board deferred consideration for two weeks. 



LEE COUNTY - Boundary Line Agreement and Land Exchange. 
Mr. Apthorp said that with only four members present the land 
exchange could not be made. Mr. Leif Johnson was present represent- 
ing the applicant. The Julius Wetstone suit concluded about two years 
ago resulted in the Court ruling that since the state failed to 
locate the mean high water line, the Court had no choice but to use 
the meander line as the boundary line between private and state 
property. However, in some places the meander line cut across upland 
and in other places was out in the water. Therefore, the Supreme 
Court decision did not help the Trustees or Mr. Wetstone, who 
discussed a proposed exchange with the staff as indicated on a map 
exhibited by the Director. 

Mr. Faircloth approved the proposed agreement and exchange. Mr. 
Adams brought up the matter of the bulkhead line which he thought 
should be adjusted to limit the submerged area that some future owner 
might desire to apply for and fill. Mr. Johnson advised the Board 
that he did not think there would be any objection locally to 
adjustment of the bulkhead line. 

The consensus was that those present approved the boundary line 
agreement and land exchange contingent upon adjustment of the bulk- 
head line to separate public and private ownership; but since only 
four were present the matter will be reagendaed. 



12-1-70 



145 



BAY COUNTY - Easement for Road Right of Way 

On motion by Mr. Faircloth, seconded by Mr. Adams and adopted with- 
out objection, the Board approved an easement to the Department of 
Transportation covering 0.92 acre of land in Section 3, Township 1 
South, Range 12 West, Bay County, for public highway purposes as 
approved by the Division of Forestry, Department of Agriculture. 



DADE COUNTY - Easement for Road Right of Way 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted with- 
out objection, the Board granted request of the Board of County 
Commissioners of Dade County for an easement for public road purposes 
across the South 55 feet of Tracts 65 and 66 in Section 31, Township 
51 South, Range 41 East, Dade County. The Department of Health and 
Rehabilitative Services approved this use of land in Dade County 
Sunland Training Center. 



ST. JOHNS COUNTY - Spoil Easement 

At the request of the Department of Air and Water Pollution Control, 
the Board deferred a request for perpetual spoil easement made by 
St. Augustine Port, Waterway and Beach Commission on behalf of the 
United States in connection with maintenance dredging of the harbor. 



VOLUSIA COUNTY - Temporary Easement Extension 

On motion by Mr. Adams, seconded and duly adopted, the Board authorized 
extension of the time limit to June 1, 1971, as requested by Ponce DeLeon 
Port Authority, sponsoring agency for the federal stabilization project 
of Ponce DeLeon Inlet. Temporary Easement No. 2 326 expiring January 1, 
1971, was for pipelines to be used in construction of the North Jetty, 
and was granted by the Board in 1968 with no objection from the Florida 
Board of Conservation. 



SARASOTA COUNTY - Easement and Fill Permit, File 2378-58-253.03 
The Department of Transportation requested an easement across 6.4 
acres of Sarasota and Roberts Bay bottom lands abutting Section 36, 
Township 36 South, Range 17 East, and Section 31, Township 36 South, 
Range 18 East, Sarasota County, for construction of bridge and cause- 
way for State Road 789, Section 17080-2505. Construction plans 
were reviewed by the staff, no dredging was proposed within the 
easement, approximately 1.1 acres along the north side of an existing 
causeway at the easterly end of the easement was to be filled with 
material from upland sources placed landward of the established 
bulkhead line. The biological report was not adverse. The Bureau 
of Beaches and Shores found no indication of any substantial adverse 
effects. A fill permit was issued by the City of Sarasota by 
resolution adopted May 20, 1968, after consideration of the biological 
report. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted with- 
out objection, the Trustees granted the request of the Department of 
Transportation for right of way easement and fill permit. 



SUWANNEE COUNTY - Right of Way Easement, File 2377-61-253.03 
On motion by Mr. Adams, seconded by Mr. Dickinson, and adopted 
without objection, the Board granted the request of the Department 
of Transportation for an easement across 0.73 acre of Suwannee 
River bottom lands abutting Section 17, Township 1 South, Range 
14 East, Suwannee County, for the construction of a bridge on State 
Road 51, Section 37040-2510. The construction plans were reviewed, 
no dredging or filling was proposed within ihe easement area, and 
there were no objections from the Department of Natural Resources 
and the Game and Fresh Water Fish Commission. 



DADE COUNTY - Campsite Lease Assignment 

On motion by Mr. Adams, adopted without objection, the Board 

approved assignment of Campsite Lease 2185 in Biscayne Bay from 

Frank D. Tolin to Jay I. Kislak. Executed assignment and acceptance 

of the lease terms and conditions had been filed in the Trustees' office, 

The present lease would expire on April 26, 1971. The Director said 

there was an existing stilt-house on the site. 

12-1-70 



146 



POLICY - Campsite Lease Assignments 

The staff requested authority to assess a $25 fee for processing a 
campsite lease assignment that requires the same staff effort as 
the issuance of duplicate or corrective instruments. At present 
no charge was made for such assignments. 

On motion by Mr. Adams, adopted without objection, the Board 
authorized a charge of $25 to be made for each campsite lease 
assignment in the future. 



MONROE COUNTY - Dredge and Fill Permit, Section 253.03 F. S. 
The application of Wacouta Corporation for an amended navigation 
channel dredging permit had been placed on the agenda again at the 
request of a member of the Board of Trustees. On this date the 
Director advised that there was a request for further deferment, 
which was agreeable to the members present. The staff previously 
had been directed to hold up any instruments incident to action 
taken with respect to the application of this applicant. The 
deeds had not been issued. 



FRANKLIN COUNTY - Dredge Permit to Improve Navigation, 

Section 253.123 Florida Statutes 
Dr. A. C. Tuck, represented by Mr. Jerrol Raymond, attorney, applied 
for a permit to dredge a navigation channel in Alligator Harbor 
adjacent to Section 6, Township 7 South, Range 1 West, Franklin 
County. The Trustees had deferred consideration at the regular 
meeting on July 21, 1970. Mr. Raymond requested that action be 
taken on this date. 

The applicant had submitted $50 processing fee and $77 in full payment 
for 770 cubic yards of material to be removed, as the project was in 
the Alligator Harbor Aquatic Preserve. The material would be placed 
on applicant's upland and the staff recommended approval subject to 
a provision that no spoil material will be deposited on the marsh land, 

Objections were filed. The biological report was adverse, stating 
that some dredging had already been done in the intertidal marsh. 
However, the mean high water line of the project location was 
established by the staff Field Operation Division and it was 
determined that the intertidal marsh land referred to in the report 
was above the mean high water line. No dredging had been done 
below the mean high water line. Applicant had agreed to spoil in 
accordance with the recommendations of the Department of Natural 
Resources . 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted without 
objection, the Board deferred action. 



PINELLAS COUNTY - Settlement, Permit No. 253.123-423 

An inspection made by the Field Operations Division revealed that the 
work had exceeded the authorized widths and depths of the channel under 
Trustees Permit No. 253.123-423 issued to the Belleview Biltmore Hotel, 
that authorized a channel 70 feet wide and minus-7 feet deep. The channel 
constructed was 100 feet wide and an average depth of minus-8 feet. The 
overdredging was 8,900 cubic yards of material. The Director said that 
the permit issued by the Trustees did not carry the dimensions but 
the scale shown on the application would have been approximately 
70 feet wide. However, in applying to the Corps of Engineers the 
dimension was stated as 100 feet wide and that width was in the Corps 
of Engineers permit. Mr. Adams commented that the Trustees' office 
had "no protested" that Corps permit. The dredge operator made the cut 
according to the Corps permit, which was the only information supplied 
to him, and the work was completed before the error was discovered. 
Pinellas County Water and Navigation Control Authority had approved the 
70 ft. width. 

The applicant tendered $2,700 as payment for the overdredge material 
at the penalty rate, and the staff recommended approval of the 
settlement. Replying to Mr. Faircloth 's questions, the Director said 
that the applicant would not get an after-the-fact permit, and that action 
by five members was not required for disposition of material as that 
was not defined as real property. Mr. Adams said it appeared to be an 
equitable settlement. 

12-1-70 



147 



On motion by Mr. Adams, seconded by Mr. Faircloth and adopted with- 
out objection, the Board accepted the settlement. 

Mr. Adams pointed out that U. S. Steel had not furnished a master 
plan for development of the area of which the settlement today was 
a part, that the spoil was placed on an island owned by the firm 
but formerly owned by Ed Wright, that as a result of litigation the 
bulkhead line was invalidated and there was no bulkhead line around 
the island. It appeared that the developer should make his plans 
known so that the Trustees could work with him. The Director said 
that was true, Sand Key was also involved, and he would make 
inquiry regarding plans for development of the area. 

On motion by Mr. Dickinson, seconded by Mr. Faircloth and adopted, 
the Board approved Mr. Adams' suggestion that an effort be made to 
work with the developer toward an overall master plan for the area. 



LEE COUNTY - Cape Coral Survey and G. A. C. Settlement 
The Trustees deferred consideration of the Cape Coral survey and 
G. A. C. Settlement for a week. By memorandum to the Board on 
this date, the Director outlined engineering questions and renewed 
his earlier recommendation, but suggested some alternatives. 

Mr. Adams commended the staff for their work, but indicated that 
the settlement should be about one and a half million dollars in 
land and should be based on 1970 values. He discussed different 
engineering approaches to the establishment of mean high water 
lines, both consistent with certain procedural instructions and 
both sustainable in court; but he proposed that the Board as a 
policy require the approach that would be more beneficial to the 
state in preserving sovereignty areas, which would greatly aid the 
staff in the future in defining the boundaries of ownership. 

Mr. Apthorp was requested to prepare such a policy to be considered 
by the Board . 

The Florida Vanderbilt and Park Shores developments in Collier 
County would be considered next week, about which a thorough report 
had been made by Mr. Henry Kittleson, Trustees' special legal 
counsel. Consideration should also be given to developing a master 
plan for the area from Florida Vanderbilt northward to the Lee 
County line, about fifteen miles involving about five large ownerships, 



COLLIER COUNTY - Dredge and Fill Permit, 

File 253.123 - 677 and 253.124-148 
On November 10 the Board approved a dredge and fill permit to Marco 
Island Development Corp., subject to decision as to the nature of 
the bulkheading to be used for the project, as Mr. Adams had asked that 
riprap be considered for the construction. 

On this date the application was on the agenda at the request of 
Mr. Adams. He made a motion to approve the application with the 
understanding that prepoured vertical concrete seawalls might be 
used and said he would not pursue riprap at this time. Mr. Dickinson 
seconded the motion, which was approved by the Board without objection. 

The work would be done in the Collier-Read Tract in Section 19, 2 0,21, 
28, 29, 30 and 33, Township 51 South, Range 26 East, in Collier County, 
under conditions explained in the minutes of November 10, 1970. 



OKEECHOBEE COUNTY - Easement 

On motion by Mr. Adams, seconded by Mr. Faircloth and adopted without 
objection, the Trustees waived the rules and approved a request 
presented by Mr. Bernie Goode, on behalf of the United States Corps of 
Engineers, for modification of a right of way easement previously granted 
for the outlet of Canal C-59 into Lake Okeechobee in Section 6, Township 
38 South, Range 36 East, in Okeechobee County. Approval was made subject 
to the return of the easement previously granted. 



12-1-70 



148 



On motion duly adopted, the meeting 



ATTEST: 




EXECUTIVE DIRECTOR 



Tallahassee, Florida 
December 8, 1970 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the Capitol with the following 
members present: 



Claude R. Kirk, Jr. 
Tom Adams 

Fred 0. Dickinson, Jr. 
Broward Williams 
Doyle Conner 



James W. Ap thorp 



Governor 

Secretary of State 

Comptroller 

Treasurer 

Commissioner of Agriculture 



Executive Director 



The minutes of the meeting of November 24, 1970, were approved 
as submitted. 



LEE COUNTY - Cape Coral Survey and G. A. C. Settlement 

At the request of Governor Kirk, the Board deferred for a week 

consideration of the Cape Coral and G. A. C. matter. 



On December 1 with a quorum of four members present, the Trustees 
approved the following applications that it was determined require 
five votes. On this date the approval was reconfirmed on motion by 
Mr. Adams, seconded by Mr. Dickinson, and adopted without objection. 

1. BAY COUNTY - Road right of way easement to the Department 
of Transportation covering 0.92 acre in Section 3, Township 
1 South, Range 12 West, Bay County. 

2. BREVARD COUNTY - Dedication, File No. 2328-05-253.03, to the 
City of Cocoa covering 4.45 acres of sovereignty land in the 
Indian River abutting Sections 33 and 34, Township 24 South, 
Range 36 East, to be used for a wayside park adjacent to 
State Road 520. 

3. DADE COUNTY - Road right of way easement requested by the 
Board of County Commissioners of Dade County covering the 
South 55 Ft. of Tracts 65 and 66 in Section 31, Township 51 
South, Range 41 East. 

4. OKEECHOBEE COUNTY - Right of Way easement to the United States 
Corps of Engineers, Jacksonville District, to change the outlet 
of Canal C-59 in Section 6, Township 38 South, Range 36 East, 
lying within Lake Okeechobee. 

5. SARASOTA COUNTY - File No. 2378-58-253.03. Right of Way 
Easement and Fill Permit to the Department of Transportation 
covering 6.4 acres abutting Section 36-36-17 and Section 31-36-1! 



12-8-70 



149 

across bottoms of Sarasota and Roberts Bay for construction of 
a bridge and causeway for State Road 789. 

6. SUWANNEE COUNTY - File No. 2377-61-253.03. Right of Way 
easement to Department of Transportation across 0.73 acre of 
Suwannee River bottoms abutting Section 17, Township 1 South, 
Range 14 East, for a bridge on State Road 51 in Suwannee County. 

7. LEE COUNTY - Little Pine Island boundary line agreement and 
land exchange with Goodman Banks, Trustee, represented by Leif 
Johnson. In this case motion, for reconfirming last week's 
approval was made by Mr. Adams, seconded by Mr. Williams, and 
adopted without objection. 

Further description of the above applications was made in the minutes 
of December 1, 1970. 



ESCAMBIA COUNTY - Oil and Gas Drilling Lease 

On October 27, 197 0, the Board authorized advertisement for sealed 
bids for an oil and gas drilling lease of the reserved one-half 
interest of the Trustees in Government Lot 3, Section 36, Township 
6 North, Range 30 West, Escambia County, containing 2.3 surface acres 
(1.4 net mineral acres) . Invitation to bid was published pursuant 
to law in the Tallahassee Democrat and Pensacola Journal for bids on 
the underlying petroleum and petroleum products. The lease required 
royalty payments of one-sixth in kind or in value for oil and gas 
produced from said land, annual rental of $1 per net mineral acre, 
rental to increase by five percent of such original annual rental 
after the first two years, a test well to be drilled every two and 
one-half years of the lease to a depth of 6,000 feet or to the top 
of the Smackover Formation (whichever is deeper), a five-year primary 
lease term, and a surety bond of $50,000 required prior to drilling. 
Sealed bids were to be opened on December S at 10:00 a.m. 

The only bid received was from the Louisiana Land and Exploration 
Company, a Maryland corporation, in the amount of $2,550 cash 
consideration including the first year's rental plus a bonus bid. 

On motion by Mr. Williams, seconded by Mr. Adams and adopted without 
objection, the Board accepted the bid and authorized issuance of oil 
and gas drilling lease to the bidder. 



ESCAMBIA AND SANTA ROSA COUNTIES - Spoil Area Easement Applications. 
At the request of Mr. Adams, approval was withheld on the requests 
from the United States Corps of Engineers, Mobile District, for two 
spoil area easements, one embracing 22 acres in Pensacola Bay 
adjacent to Section 59, Township 2 South, Range 30 West, Escambia 
County, and the second embracing 1,390 acres in Blackwater Bay and 
East Bay in Township 1 North and 1 South, Range 28 West, Santa Rosa 
County. The Department of Natural Resources had no objections to 
the proposed spoil areas. 

Mr. Adams was concerned regarding turbidity control as required for 
dredge and fill projects by private parties. Mr. Apthorp advised 
that the Corps of Engineers usually took the position that navigation 
was paramount and state permits were not required for public works. 
Mr. Adams thought controls to protect the environment should also be 
required on public projects and the appropriate federal environmental 
agency should be contacted. 



12-8-70 



150 



Governor Kirk said that action would be withheld on the two appli- 
cations (File Nos. 2379-17 and 2380-57-253.03) until the Trustees 
receive some assurance of turbidity control. 



PASCO COUNTY - Fill Permit, Section 253.124(7) 

On motion by Mr. Dickinson, seconded by Mr. Adams and adopted with- 
out objection, the Board approved the application of Henry J. Kunda 
for a permit approved by Pasco County to seawall and backfill an 
area averaging 7 feet wide by 57 feet long in the Anclote River 
in Section 21, Township 26 South, Range 16 East, where river flood 
stages caused by heavy rains each year result in erosion. 



MONROE COUNTY - Amendment to Dredge Permit 

On September 15, 1970, the Trustees approved State Dredge Pemit No. 
253.03-172 to Bahia Shores, Inc., to dredge a perimeter channel 
1.0 foot deep, and an access channel, in Big Spanish Channel at No 
Name Key. The one foot depth was an error on the engineering 
drawing and the applicant asked that the permit be amended to allow 
the correct depth of 5.0 feet. 

On motion by Mr. Dickinson, seconded by Mr. Adams and adopted without 
objection, the Board authorized issuance of amended dredge permit. 



PUTNAM COUNTY - Dredge Permit to Improve Navigation, 

Section 253.123, File No. 667 
Beckham and Robertson Development Corporation applied for permission 
to dredge a 200 ft. long, 60 ft. wide, 5 ft. deep m.l.w., navigation 
channel in the St. Johns River adjacent to Section 40, Township 9 
South, Range 27 East, Putnam County. Applicant tendered check for 
$185 for 1,850 cubic yards of material to be removed and deposited 
on upland, and $50 processing fee. 

The project had been approved by the county. The biological survey 
report was not adverse. 

On motion by Mr. Dickinson, seconded by Mr. Adams and adopted 
without objection, the Board approved the permit subject to the 
requirement that a plug remain in the canal until the upland 
dredging has been completed as recommended by the staff. 



DADE COUNTY - File No. 2362-13-253.12, Application to Advertise 
Mr. Apthorp said the staff recommenced denial but a request had been 
received for deferment of an application from James T. Barnes and 
Company, represented by Norman D. Tripp, to purchase 1.303 acres 
of sovereignty land in Biscayne Bay abutting Section 33, Township 
52 South, Range 42 East, Dade County, for use as a recreation area 
in connection with a condominium to be constructed on applicant's 
upland property in North Miami, Florida. The application appeared to 
interfere with statutory riparian rights of other upland owners. 

Mr. Williams made a motion that the application be denied. 

Mr. William J. Roberts, attorney representing the applicant, requested 
the Board to defer action to allow him to work out a suitable alternate 
plan with the other riparian owners that might be involved. 

Mr. Williams offered an amended motion for deferment for one week, 
which was adopted without objection. 



12-8-70 



151 



LEE COUNTY - Boundary Line Agreement 

Jack Windsor, Trustee, represented by Howard S. Rhoads , applied for 
approval of a boundary line agreement covering land in Township 4 6 
South, Range 2 4 East, that adjoins the Estero Bay Aquatic Preserve. 
A suit to quiet title was filed against the Trustees by the Windsor 
interests to determine the limits of their ownership as it appeared 
impracticable to locate the mean high water line. It was determined 
by actual field survey that location of the mean high water is 
feasible, but due to the sinuosities of such a line rational 
development of the tract would be impracticable. The Windsor tract 
embraces approximately 5,14 7 acres. 

The Trustees' staff, together with representatives of the Department 
of Natural Resources and the Windsor interests, delineated a line 
which separates valuable marine biological resources from the 
tract, thereby protecting the integrity of the Estero Bay Aquatic 
Preserve and allowing reasonable development of the remaining land. 
This line would provide a clear-cut, readily locatable boundary 
line and would lead to a settlement of the litigation. 

As part of the settlement and agreement, the Board would agree in 
principle to navigation channels with their location, number and 
dimensions , subject to approval of the Department of Natural Resources, 
and any material removed from such channels outside or bayward of 
the proposed boundary line would be subject to the going rate at the 
time permit is issued. The Director thought that any planning or 
development of a master plan should be considered after the end of 
the litigation. 

Due to a dispute between the Windsor interests and the Estate of 
Ed C. Wright over location of a section line common to Sections 26 
and 27, Township 46 South, Range 24 East, Lee County, action en 
boundary line agreement between Windsor and the Trustees affecting 
the enumerated sections would be held in abeyance until differences 
have been resolved. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted with- 
out objection, the Board approved the boundary line agreement in 
accordance with staff recommendations. 



COLLIER COUNTY - Settlement. Park Shore, represented by Mr. George 
Vega, Jr., attorney, offered to pay the appraised price for the land 
in the disputed area in Section 16, Township 49 South, Range 25 East, 
Collier County, at the rate of $720 per acre or $3,800 for the 5.2 8 
acres, plus the cost of the appraisal. The staff recommended 
acceptance of the offer for settlement. The Trustees previously had 
given a disclaimer to the site in question and it might be difficult 
to successfully assert title. 

Mr. Adams commented on the extensive investigative work by the staff 
of the Trustees and the Department of Natural Resources, by Mr. 
Henry Kittleson, special counsel of the Board, and the cooperation 
from the owners of the Park Shore development north of Naples on the 
west coast in Collier County. The proposed settlement appeared to 
Mr. Adams to be most equitable and in the state's interest. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted without 
objection, the Board approved the settlement in accordance with the 
recommendation of the Staff. 



COLLIER COUNTY - Settlement. Florida Vanderbilt Corporation, 
represented by Mr. Elliot Messer, attorney, offered to settle the 
dispute involving land in Baker Carroll Units I and II and in Wiggins 
Pass Landings Unit I in Sections 20 and 29 in Township 48 South, 
Range 25 East, Collier County, in the following manner: 

1. As a result of its investigation, staff determined that Florida 
Vanderbilt 's proposed development of the platted subdivisions 
known as Baker Carroll Unit II and Wiggins Pass Landings Unit I 
will intrude into areas lying below the line of mean high water 



12-8-70 



152 

and consequently claimed by the state by right of its sovereignty. 
There was no controversy relative to Baker Carroll Unit I. 
Florida Vanderbilt maintained that the areas in controversy con- 
sisting of 4.15 acres in Baker Carroll Unit 2 and 3.64 acres 
in Wiggins Pass Landings Unit I are not owned by the state 
but are property of the company. 

2 . In order to resolve the dispute without the delay and expense 

of litigation, Florida Vanderbilt agreed to convey to the state 
a reasonably compact and contiguous parcel of land consisting 
of 23.37 acres, the location to be selected by the state from 
any of the company's lands situated outside of its platted 
subdivisions and located in the vicinity of Turkey Lake. As 
a part of this agreement the state will disclaim to Florida 
Vanderbilt those areas lying below the mean high water line 
within the recorded boundaries of Baker Carroll Unit II and 
Wiggins Pass Landings Unit I. The settlement will result in 
the state's acquisition of an undeveloped area comprising three 
times the acreage in issue located within the platted subdivisions. 
It is understood by the parties that the settlement will not 
constitute a waiver or release of any rights which either party 
claims with respect to properties located beyond the two 
recorded plats. 

3. Florida Vanderbilt, other owners and Collier County are in the 
process of developing studies for the utilization of their lands 
extending north of Wiggins Pass Landings Unit I to the Lee 
County line. Florida Vanderbilt has assured the state that it 
will not develop any of these lands (including Turkey Lake and 
the tributary thereto) except pursuant to a comprehensive plan 
of development approved by the state or in the absence of state 
approval of such plan, only after a court of competent jurisdic- 
tion confirms the company's title to the areas which would be 
developed. Since the comprehensive plan of development 
as presently contemplated will be based on an ecological study 
to be conducted by the Rosenstiel School of Marine and Atmospheric 
Science, University of Miami, and will involve participation 
by federal, state and county agencies, it is believed that 
further disputes regarding ownership may be unnecessary and can 
be avoided. 

Mr. Richard B. Lansdale, attorney representing the A. L. Daugherty 
Company, said the company as mortgage holder on land involved in 
the settlement had no objection now but would like deferment for 
two weeks to allow further study of the proposal. Governor Kirk 
and the Director expressed the opinion that deferment was not 
necessary for that reason. 

On motion by Mr. Adams, seconded by Mr. Williams and adopted 
without objection, the settlement was approved in accordance with 
the recommendation by the staff, with the understanding that bulk- 
head lines would be established and the proper application made for 
dredge and fill permits. 



CITRUS COUNTY - Dredge Permit, Material for Beach Area, 

File 253.123-624 
The Board of County Commissioners of Citrus County requested a 
permit to remove 18,200 cubic yards from a borrow area 465 ft. 
long, 270 ft. wide, 7 ft. deep m.l.w., in the Gulf of Mexico 
adjacent to Section 16, Township 18 South, Range 16 East, Citrus 
County, to place on the beach at Fort Island. On August 4 the 
Trustees had approved a permit to remove muck and silt from the 
beach area and backfill with trucked-in material, but that was 
not feasible. 



12-8-70 



153 



The biological report was adverse. The Bureau of Beaches and Shores 
of the Department of Natural Resources approved the project with a 
stipulation that the sand bag "current trainers" be modified or 
removed at the direction of that division, after proper notice, 
if adjacent shoreline property was adversely affected. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
without objection, the Board granted the permit to Citrus County. 



QUATERLY REPORT. The Director submitted to the Board a report 
of operations of the State of Florida Board of Trustees of the 
Internal Improvement Trust Fund for the three-month period from 
July 1, 1970, through September 30, 1970. The report was accc 



On motion duly adopted, the meeting 



ATTEST 




Tallahassee, Florida 
December 15, 1970 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date 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. Apthorp 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Executive Director 



The minutes of the meeting of December 1, 1970, were approved as 
submitted. 



DADE COUNTY - File No. 2362-13-253.12, Application to Advertise. 
The application from James T. Barnes and Company to purchase 1.303 
acres of sovereignty land in Biscayne Bay abutting Section 33, 
Township 52 South, Range 42 East, Dade County, was deferred last 
week and the staff renewed a recommendation that the application 
be denied and the file deactivated because the proposed purchase 
area extended in front of two other lots and there was no indication 
that the sale was in the public interest. The applicant had been 
advised of the unfavorable recommendation. 

Motion was made by Mr. Christian, seconded by Mr. Adams and adopted, 
that the staff recommendation for denial be accepted. 



12-15-70 



154 

PALM BEACH COUNTY - File No. 2339-50-253.12, Land Sale. 
On August 18 the Board deferred action for further staff investiga- 
tion of the application of Mayfran, Inc., to purchase a parcel of 
sovereignty land in Lake Worth abutting Section 11, Township 44 
South, Range 43 East, 0.69 8 acre in the Town of Palm Beach, Palm 
Beach County, appraised at $20,000 for the parcel. 

The parcel was landward of the established bulkhead line, the 
Area Planning Board of Palm Beach County and the Town of Palm 
Beach approved the application that appeared to be in the public in- 
terest because the parcel was a pocket between two existing sea- 
walls . 

The adverse biological report stated that mangroves on the parcel 
had been destroyed, lessening the productivity of the area. The 
applicant reported that the land-clearing contractor stated that 
the foreshore of the lot resembled a city dump due to debris that 
had collected in the mangrove area over the years. No dredging 
and filling had been done. A landscape firm appraised the value of 
the 16 clumps of destroyed mangroves at $1,200 or $75 per tree. 

On motion by Mr. Christian, seconded by Mr. Faircloth and adopted 
without objection, the Board accepted the staff recommendation for 
sale of the advertised parcel at the appraised value of $20,000 
and payment of $1,200 for unauthorized removal of mangroves. 



VOLUSIA COUNTY - Bulkhead line, Section 253.122 Florida Statutes 
The City Commission of New Smyrna Beach by Ordinance No. 800 
adopted June 23, 1970, established a bulkhead line 5,061.30 feet 
long around Yacht Club Island in the Indian River in unsurveyed 
portion of Section 20, Township 17 South, Range 34 East, Volusia 
County. The biological report was adverse to any diking or filling 
below the mean high tide line, and a hydrographic report recommended 
the installation of an energy-absorption seawall. 

The applicant in connection with this request for establishment 
of a bulkhead line desired to purchase three parcels of sovereignty 
land containing a total of 1.37 acres, and to dredge a navigation 
channel 75 ft. wide, 2,100 ft. long, minus-6 ft. deep, to remove 
approximately 17,500 cubic yards of material. The staff recommended 
denial of the purchase application because no public interest was 
indicated as required by Trustees' policy; but the dredging permit 
was recommended for approval contingent upon the applicant placing 
all material upon upland and paying $1,750 for dredged material. 

Staff recommended that the bulkhead line along the intracoastal 
waterway fronting applicant's upland ownership be approved, that 
the remainder of the line be denied without prejudice with the 
understanding that the line will be relocated to coincide with 
property boundary lines, and that the sale be denied. 

Mr. Hal S. McClamma, attorney, and Mr. John C. Gross, president 
of Yacht Club Island Corporation, requested approval. The former, 
authorized to speak also for the City of New Smyrna, said the 
application had wide local support, most of the small island was 
privately-owned, suitable for development of garden apartments in 
the City, had been approved by the Corps of Engineers and Florida 
Inland Navigation District, and Mr. Gross had an agreement with 
the contractor doing maintenance dredging in the inland waterway 
east of and adjacent to the island to allow deposit of spoil 
material. He said the staff had been very helpful but there was 
a difference of opinion which he explained further with the aid of 
a map. 

Mr. Adams said that under the policy of the Board and the new 
amendment to the Florida Constitution, the staff recommendation 
was proper as public lands cannot be sold unless it is in the 
public interest. But he suggested a possible trade of land owned 
by the applicant that was outside the bulkhead line. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, the Trustees deferred action for a week 
although Mr. Gross urged action to enable him to take advantage 
of the agreement with respect to deposit of maintenance spoil 
material. 



12-15-70 



155 



DADE COUNTY - Release of Sandspur Island Spoil Area 
On behalf of Inter-American Authority, Mr. George R. Headley, 
Director of Site Development, requested the Board to submit to the 
United States District Engineer arid Florida Inland Navigation Dis- 
trict a request for release of Sandspur Island in Biscayne Bay 
from a maintenance spoil area easement. Interama requested that 
the spoil island be granted to the Authority to be maintained as 
a permanent wind and wave break to protect a proposed marina. 

On March 11, 1969, the Trustees instructed the Director to take 
appropriate action to preserve the island in its natural state. 

On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
without objection, the Board authorized request be made for release 
of the island from the easement to the United States and that the 
island be dedicated as a preserve area when clear title becomes 
vested in the Board of Trustees. 



SHELL LEASE INCOME REPORT . The Trustees accepted for the record the 
following report of remittances to the Florida Department of Natural 
Resources from holders of dead shell leases: 

Lease No. Company Amount 

1718 Radcliff Material, Inc. $ 199.58 

1788 Benton and Company 18,954.80 

20 9 8 East Bay Enterprises 2,500.00 

2233 Bay Dredging & Construction Co. 4,293.67 



MONROE COUNTY - Fish Camp Lease; Road Right of Way 
On November 24 the Board had approved a lease of "0.93 acre of 
sovereignty land along the southwesterly side of Card Sound Road 
in the SW 1/4 of Fractional Section 18, Township 59 South, Range 40 
East, Monroe County, to "Alabama" Jack Statham. Partly because of 
a staff error, a county request for road right of way easement had 
been overlooked. The lease had not been issued and the staff 
recommended that the lease be allowed subject to the road right of 
way easement with the understanding that when the county was ready 
to four-lane the road the lessee would be asked to move his opera- 
tion - which would be a binding condition of the lease. 

Representing the Board of County Commissioners of Monroe County, 
Mr. Gerald Saunders said the county did not object to the fish camp 
serving the public but the road would have to be widened and the 
facility should not be leased but be on a month to month basis until 
the area was needed by the county. 

Mr. Howard Post, Monroe County Engineer, spoke of the serious 
traffic conditions along Card Sound Road, had asked the staff to 
investigate ingress and egress from unauthorized shacks and fish 
camps, and requested that the lease be subject to future road 
requirements with the proceeds going to Monroe County instead of 
the state and no future leases allowed because of the traffic 
hazards. The Director said it was state land, the lease had been 
in existence many years ago, and the negotiated rental amount 
of $300 per month (subject to certain increases) should come to the 
Trustees . 

Mr. Williams made a motion, seconded by Mr. Adams, that the lease 
be approved on the terms and c additions recommended by the staff 
subject to the county road right of way. The motion was adopted. 
Mr. Christian made a further motion that no other leases be 
granted in the area pending future planning; but when Governor Kirk 
asked if that would apply also to Dade County, Mr. Christian with- 
drew his motion and asked the Director to bring a recommendation to 
the Board for Consideration. 



12-15-70 



156 



BROWARD COUNTY - Corrective Deed 

On motion by Mr. Adams, seconded by Mr. Christian and adopted with- 
out objection, the Board authorized issuance of a corrective deed 
to correct an error in Trustees Deed No. 20851 dated July 29, 1959, 
to Arvida Corporation, wherein it was recited that Arvida was a 
Florida Corporation instead of a Delaware corporation. 



BROWARD COUNTY - Power Line Easement 

On motion by Mr. Adams, seconded by Mr. Williams and adopted with- 
out objection, the Board approved the request from Florida Power 
and Light Company for a five foot wide easement for widening Univer- 
sity Drive on land of the South Florida State Hospital. The re- 
quest had been approved by the Department of Health and Rehabili- 
tative Services. 



HILLSBOROUGH COUNTY - Road Right of Way 

On motion by Mr. Faircloth, seconded by Mr. Christian, and Mr. 
Williams, the Board approved the request from the Department of 
Transportation for an easement for public highway purposes over 
8.12 acres of land in Section 35 and 36, Township 27 South, Range 20 
East, within the Hillsborough River State Park. On December 1 the 
Department of Natural Resources approved issuance of the easement. 



FRANKLIN COUNTY - Dredge to Improve Navigation, Section 253.123 F.S. 
On July 21 and December 1, 1970, the Board had considered an 
application from Dr. A. C. Tuck for a permit to dredge a navigation 
channel in Alligator Harbor adjacent to Section 6, Township 7 South, 
Range 1 West, in Franklin County, for which the applicant had 
submitted $50 processing fee and $77 in full payment for 770 cubic 
yards of material to be excavated within Alligator Harbor Aquatic 
Preserve and placed on upland property. The staff recommended 
approval subject to the provision that no spoiling will be done 
on the marsh land. 

The possibility of a connection with an existing channel on another 
owner's land was not an acceptable solution to the applicant. The 
Director said the basin site would be inland on land above the mean 
high water, but part of the access channel would involve state land. 

Mr. Leo Foster, attorney, said Dr. Tuck asked for access from his 
upland property to navigable water, such as the Board gave to other 
property owners. He cited history of the area and court decisions 
that validated land titles in the Forbes Purchase, said there was 
no question regarding his client's title, but suggested that if the 
Board did question the title he might begin dredging and the Board 
could bring an injunction and the court would then decide the title 
question. He referred to the staff review and recommendation, said 
his client would follow the recommendation as to disposal of the 
spoil, did not plan a marina or commercial use, but was entitled 
to access to navigable water. 

Mr. Adams referred to an opinion by the then Attorney General in 
1958 which concluded that submerged land under the Ochlockonee River 
and Bay were not included in the Forbes Purchase and thus passed to 
state ownership. Mr. Adams was not averse to allowing access but 
felt that the title question should be decided by the court. 

Mr. Dickinson made a motion to approve the staff recommendation 
which did not receive a second. 

Objections based on protection of marsh land and ecology of a 
valuable biological area were expressed by Mr. Loring Lovell, 
Mr. Jack Rudloe, Dr. Robert Livingston, Dr. Andre Pool, and Mr. 
Jack Hanway. It was said that the navigation channel was a small 
project but it would continue and increase damage of the estuarine 
area, and the accuracy of a survey and the mean high water line 
location were questioned. 



12-15-70 



157 



Mr. Christian made a motion that the permit be denied and the 
Board ask the court to determine the legal ownership. Then he 
withdrew his motion and seconded a motion by the Comptroller 
that the Board request its legal counsel to immediately initiate 
proceedings for a declaratory decree to determine the validity 
of the fee simple title and all of the rights and privileges 
attendant thereto of the property in question, and that Dr. Tuck's 
application for a permit be held in abeyance for final determina- 
tion pending the outcome of the litigation. The motion was seconded 
by Mr. Christian and adopted without objection. 



BROWARD COUNTY - Dredge Permit to Improve Navigation, Section 

253.123 
Port Everglades Authority requested approval of a dredge permit 
from the City of Hollywood to deepen the South Extension of the 
Turning Basin in Lake Mable in Section 24, Township 50 South, 
Range 42 East, Broward County, for a dredge area 1,648 ft. long, 
1,300 ft. wide, minus-34 and minus-37 ft. deep located entirely 
within applicant's ownership, from which approximately 130,000 
cubic yards of material will be removed and placed on applicant's 
upland. 

The biological report was not adverse but recommended that the 
outside toe of the proposed dike be a sufficient distance land- 
ward of the existing mean high water line in order to preserve the 
shallow water marine habitat below the mean high water line and to 
prevent excessive siltation. 

On motion by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, the Board authorized issuance of the permit 
subject to compliance with the recommendations of the Department 
of Natural Resources. 



DADE COUNTY - Dredge Permit, Intake and Discharge Canal, 

Section 253.123 Florida Statutes. 
Florida Power and Light Company, represented by Mr. A. M. Davis, 
vice-president, requested approval of a permit granted by Dade 
County to dredge a 6,500 ft. long perimeter channel varying from 
250 ft. wide top cut, to 180 ft. wide top cut, and in depth from 
minus-20 ft. m.l.w. to minus-10 ft. m.l.w., and an access channel 
700 ft. long, 280 ft. wide top cut, minus-20 ft. deep m.l.w., 
in Biscayne Bay adjacent to Sections 27 and 28, Township 57 South, 
Range 40 East; also, a discharge channel 450 ft. wide top cut, 
minus-20 ft. deep m.l.w., 500 ft. long, in Card Sound adjacent to 
Section 27, Township 58 South, Range 40 East, Dade County. A total 
of 256,000 cubic yards of material is to be removed below the mean 
high water line, but only 174,686 cubic yards from state-owned 
sovereignty land. Applicant tendered $50 processing fee and 
$17,468.60 for the dredge material. Objections had been received. 

The biological report dated February 20, 1970, was adverse. The 
Bureau of Beaches and Shores recommended a model study and moni- 
toring program of the canalization. An October 1970 report from 
the University of Miami indicated that tidal interference caused by 
discharge would be minimal but suggested a continuing study while 
the plant is in operation, to counteract any unforseen problems. 

The staff recommended approval of the dredge permit subject to 
the applicant agreeing to the recommendations of the Bureau of 
Beaches and Shores. The Air and Water Pollution Control Board had 
not yet granted a permit and would have a hearing in February. 
Certification from that department and compliance with federal 
requirements would be necessary, after the state permit is issued. 
The Director advised that a stockholders' lawsuit would not have 
any bearing on issuance of the dredging permit. 

Motion was made by Mr. Faircloth, seconded by Mr. Christian and 
adopted, that the staff recommendation be adopted. 



12-15-70 



158 

Mr. J. F. Redford, president, Mangrove Chapter of Izaak Walton 
League in Dade County, urged delay until many questions have 
neen answered regarding possible thermal pollution of the water 
that might destroy marine life. 

Mr. Nathaniel P. Reed said that three and one-half years had 
been spent on the problem of cooling the waters from the Turkey 
Point Power Plant, one of the most involved and precedent-making 
projects in the country, and that approval of this permit would 
not affect the decision of the Department of Air and Water Pol- 
lution Control and the federal requirements. 

Mr. Davis urged approval of the permit so that engineering could 
get under way as time was extremely critical and without this 
electric plant there would be a shortage of electricity in South 
Florida. The channel system that would handle the cooling system 
had been approved by Dade County after lengthy hearings, but its 
construction could begin only after state and federal approval. 

Another motion for approval was made by Mr. Williams, seconded 
by Mr. Dickinson. Governor Kirk said approval of the permit was 
an orderly process. A number of questions were raised and dis- 
cussed by members of the Board with Mr. Davis and Mr. Reed. 
Mr. Reed made no recommendation but if any problem arose the Board 
would be fully advised and nothing would be done without proper 
permits. Mr. Williams moved approval, seconded by Mr. Christian. 

Without objection, the Trustees approved the dredge permit under 
Section 253.123 Florida Statutes subject to the conditions recom- 
mended by the staff. 



DUVAL COUNTY - Dredge Permit, Maintenance Dredging, 

Section 253.123 Florida Statutes 
Jacksonville Shipyards, Inc., applied for a permit for maintenance 
dredging in the St. Johns River at three locations, (1) South 
Yard in Section 44, Township 2 South, Range 26 East, (2) North 
Yard in Sections 13 and 38, Township 2 South, Range 26 East, and 
(3) St. Johns Yard in Section 45, Township 2 South, Range 27 East, 
and Section 13, Township 2 South, Range 26 East, Duval County. 
The material would be placed in a spoil area in the St. Johns River 
previously granted by the Trustees. The applicant tendered $50 
processing fee. 

The biological report dated September 21, 1970, was partially 
adverse. A supplemental report dated December 4, 1970, indicated 
that there was no feasible alternate areas and recommended that 
spoiling be allowed as requested. 

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



MONROE COUNTY - Dredge Permit to Improve Navigation, 

Section 253,03 Florida Statutes, File No. 222 
On motion by Mr. Faircloth, seconded by Mr. Christian and adopted 
without objection, the Board approved the application of Theodore 
C. Behrens for a permit to dredge a 110 ft. long, 30 ft. wide top 
cut, and 4 ft. deep m.l.w. channel in Pine Channel, Section 34, Town- 
ship 66 South, Range 2 9 East, Monroe County, for which $50 processing 
fee had been tendered. 

The applicant had conformed to the biologist's recommendation by 
reducing the channel width. The channel would be dredged on 
submerged land in private ownership, conveyed by Trustees Deed 
No. 22808. 



12-15-70 



159 



JACKSON COUNTY - Transfer of Institution Land 

The Jackson County Port Authority requested transfer of 152 acres 
of land in the NE 1/4 of Section 1, Township 3 North, Range 7 
West, Jackson County, now under jurisdiction of the Apalachee 
Correctional Institution as part of its agricultural and timber 
production land, to the Authority to increase its land ownership 
to 200 acres to qualify for federal financing. 

The Department of Health and Rehabilitative Services agreed to 
the request provided the Correctional Institution would have 
continued use of the tract, title would revert to the Trustees if 
the land was not used for industrial purposes within five years, 
and in the event of sale of the property by the Port Authority 
all proceeds, less cost of improvements, would accrue to the 
appropriate state agency. The Director suggested a change of the 
latter provision concerning sale to provide that any land disposal 
would be handled as an exchange so that the institution did not 
have a net loss of land. 

Mr. Adams desired to cooperate with Jackson County in the effort 
to develop the Port Authority, but in view of the Board's resolution 
and the constitutional amendment relative to disposition of land 
only in the public interest he cautioned against using the Port 
Authority as a conduit for disposing of land unless in the public 
interest. Representative Wayne Mixon was not of the opinion that 
the constitutional amendment precluded any possible private use 
of land, but that the conveyance must be in the public interest. 
Based on that terminology he thought it could be worked out. 

On motion by Mr. Williams, seconded by Mr. Faircloth and adopted 
without objection, the Board approved the land exchange on the 
basis recommended by the Director. 



LIZ c:_'::T" - Zipe Coral Survey and 3. A. C. Settlement 
The Board gave further consideration to a settlement with General 
Acceotance Corporation Properties , formerly Gulf American Land 
Company, in connection with development of Cape Coral that the 
state claimed had been dredged and filled beyond the permit limits . 
The staff had furnished several memoranda concerning the engineer- 
ing costs and value of the land in question, that were discussed 
in previous meetings . The Director had recommended a total 
settlement of $765,303.78 and on December 1 offered several 
alternatives . 

The Director provided an additional alternative using a settlement 
figure based on the 1962 value profit approach, that year repre- 
senting the average date of sale of lots involved in the development, 
as a basis for compromise. That proposed settlement was $950,000 
plus $33,800 for engineering costs of determining the amount of 
land involved, or a total of $983,800. Mr. Apthorp said the Board 
also should consider use of the settlement amount as a credit to 
acquire land in the Fakahatchee Strand from the company, and that 
value of the land to be received by the state should be based on 
the same year, 1962. 

Mr. J. G. Turner, general counsel and vice president of the firm, 
said he was authorized to accept the original proposal ($765,303.78) 
but the settlement was not to set a precedent as the company felt 
it owned the land which was in question because of the difference 
in engineering techniques. He could not accept the $983,800 proposal 
until his company had an opportunity to study it. 

Motion was made by Mr. Williams, seconded by Mr. Christian and 
adopted without objection, that the Trustees accept the $983,800 
settlement recommendation including $33,800 for engineering costs, 
the $950,000 to be credited toward acquisition of G. A. C. land 
in the Fakahatchee Strand based on the 19 62 value of land in the 
Fakahatchee Strand. 



Mr. Apthorp had prepared a draft of a telegram to be sent to the 
Secretary of the Army regarding dredging by the Corps of Engineers 
in Florida. 



12-15-70 



160 



MEAN HIGH WATER - Policy for Surveying 

The rules were waived and on motion by Mr. Williams, seconded by 
Mr. Adams, and adopted without objection, the Board adopted the 
following policy statements relative to future surveys of state- 
owned submerged land, setting criteria for determining the mean 
high water line - the legal boundary between state-owned land and 
privately owned upland property. The Director explained the 
method briefly as finding sone known poirt on the land and proceeding 
toward the water until the first indication of the line of mean 
high water is found. 

LOCATION OF MEAN HIGH WATER LINE OF 
TIDAL NAVIGABLE BODIES OF WATER 

1. The intent of a mean high water line survey is to locate the 
riparian boundary segregating sovereignty lands vested in 
the Trustees from private uplands. 

2. Any survey purporting to locate the mean high water line of 
tidal navigable bodies of water shall commence at an interior 
section corner, quarter corner or other acceptable monument, 
and shall run the line of survey toward the body of water 

to be surveyed. 

3. When a line is run toward the body of water and such line first 
intercepts a continuous line of mean high water, this first 
intercept shall be considered as the proper line to be 
surveyed locating the riparian boundary. 

4. The point of first intercept can be identified by a change 
in vegetation from upland varieties to varieties that can 
survive frequent periodic inundation such as daily tidal 
action . 

5. The density of the vegetative cover shall not be construed as 
a barrier to tidal action as many species of trees require an 
ample supply of water to survive. 



DADE COUNTY -File No. 2262-13-253.03 

By telegram Mr. Logan Manders had requested an opportunity to 
speak with reference to litigation on certain land in Dade County. 
The Director explained that the Trustees on January 27, 1970, 
approved a settlement which upon payment of $45,000 would convey 
any interest the state might have in approximately three acres of 
land in the Oleta River (Big Snake Creek) in Fractional Section 9, 
Township 52 South, Range 42 East, Dade County. However, the 
payment was not forthcoming for which the staff was authorized 
to disclaim any interest that the state has. 

The members felt that the matter should be properly placed on an 
agenda, but agreed to hear Mr. Manders who spoke of a bill now 
pending in the United States Congress, a resolution that he 
desired the Trustees to adopt setting forth no objection to the 
bill that he said would have the effect of declaring the Oleta 
River non-navigable, and an extension of the contract. He asked 
that the Trustees' counsel be directed to join in an injunction 
preventing any further activity on the land in question until 
proper title could be established. 

The Director said the only action he could recommend was an 

extension of the contract entered into with Mr. Manders, but 

only assuming that at some point the matter would be terminated and 

the Board would receive the money for the land in question. 

Mr. Christian suggested that the money be placed in escrow. Mr. 

Manders indicated that would be agreeable but that there was a 

pending mortgage foreclosure that included the land in question. 

The Director did not think the Board should take any position in 

the mortgage foreclosure except to protect the state's interest. 

It was pointed out that the Board had agreed to disclaim interest 

it might have for $45,000. 



12-15-70 



161 



The Board was not willing to take any action and directed 
the matter be placed on an agenda for proper consideration. 



On motion duly adopted, the meeting 



ATTEST: \ O^A^JU. jj, 

/'EXECUTIVE DI 



* * *\ 




* * * 



Tallahassee, Florida 
December 22, 1970 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the Capitol with the following 
members present: 



Claude R. Kirk, Jr. 
Tom Adams 

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



James W. Apthorp 



Jr, 



Governor 

Secretary of State 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Executive Director 



The minutes of the meeting of December 8, 1970, were approved as 
submitted. 



OKALOOSA COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
The Board of County Commissioners of Okaloosa County adopted a 
resolution on November 10, 1970, fixing a bulkhead line 976 feet 
long in Rocky Bayou at State Road 20 in Sections 10 and 15, Township 
1 South, Range 22 West, Okaloosa County, to accommodate road con- 
struction on State Road 20. All material was to be trucked in and 
the biological survey report was not adverse. 

On motion by Mr. Adams, seconded by Mr. Williams and Mr. Dickinson, 
and adopted without objection, the Trustees approved the bulkhead 
line as established by Okaloosa County. 

Right of Way Easement and Fill Permi t, File 2384-46-253.03 
The Department of Transportation requested an easement for right of 
way across bottoms of Rocky Bayou embracing 7.05 acres abutting 
Sections 10 and 15, Township 1 South, Range 22 West, Okaloosa 
County, required for construction of a new bridge on State Road 20. 
Also, the Department requested approval of a fill permit that was 
approved by Okaloosa County for filling 0.16 acre landward of the 
bulkhead line described above. The fill material would be obtained 
from upland sources. The Department of Natural Resources reviewed 
the plans and indicated that the filling should not cause adverse 
effects. No dredging was proposed. 



12-22-70 



162 



The staff reviewed the construction plans and recommended issuance 
of the easement and approval of the fill permit to be issued to 
the contractor. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted 
without objection, the recommendation was accepted as the action 
of the Board. 



PALM BEACH COUNTY - File No. 207 5-50-2 53.12, Application of 
Dependable Enterprises, Inc., and 
File No. 2074-50-253.12, Application of 
Eugene N. Uvanile, et ux. 
Applications for advertisement of proposed purchases for Dependable 
Enterprises, Inc., and Eugene N. Uvanile and wife, represented by 
David H. Bludworth, were on the agenda with staff recommendation 
for denial for the reason that there was no indication of a public 
interest. The biological report was not adverse, stating that the 
land was within a heavily developed area of Lake Worth shoreline. 

Mr. Bludworth circulated pictures and sketches to show that it 
would be in the public interest to have the indentures in the shore- 
line sold and filled, to restore land that had washed away, remove 
material to improve navigation, in line with properties north and 
south of his clients' upland in the City of Riviera Beach. 

Mr. Apthorp said it did not appear that sale for private purposes 
came within the definition of the public interest, and if the 
applicants needed fill material or navigation channels, perhaps 
other applications could be processed rather than sales. 

The action of the Board was to deny the applications to purchase, 
authorize the files deactivated and monies deposited toward the 
purchase price to be refunded. The applicants' representative 
indicated that other applications would be submitted later. 



The following applications were deferred: 

1. St. Lucie County - Boundary Line Agreement and Land Exchange 
requested by Mr. Frank Fee representing Lucie Properties, Inc. 

2. Volusia County - Bulkhead Line Location and Exchange Proposal 
for John C. Gross, represented by Hal McClamma. 



MANATEE COUNTY - Town of Longboat, Key 

By resolution adopted on December 2, 1970, the Town of Longboat Key 
requested consent of the Trustees for conveyance of "Town Islands" 
to the National Audubon Society. The small islands were conveyed 
to the town by the Trustees on November 26, 1958, for $1, to be used 
for public purposes only. Subsequently, the Trustees denied permits 
for dredging and filling the area with the result that the town 
located its municipal complex on an upland site. 

An offer was made by the National Audubon Society and others to 
purchase the islands at their present appraised value for the 
establishment of a bird sanctuary. The proceeds from the sale would 
go to the town. An objection to the town's request was received 
from Argus, a local civic association. Trustees' staff recommended 
denial and authorization for taking appropriate steps to have the 
islands, together with an access easement previously granted, 



12-22-70 



163 



reconveyed to the Board and an appropriate no-fee dedication of the 
islands prepared in favor of the National Audubon Society for a bird 
sanctuary . 

Motion was made by Mr. Christian, seconded by Mr. Adams, that the 
staff recommendation be adopted. 

Mr. John R. Wood, attorney for Longboat Key, disagreed with the 
recommendation, discussed a plan worked out by Mayor Sam Gibbon and 
Mr. Myron Gibbons of Tampa, attorney for the Audubon Society, their 
hope that the Board would join in the town's dedication to the 
Audubon Society, in exchange for which the town would reconvey to 
the Trustees the easement strip of bottom land. He pointed out that 
in some cases other land dedicated for public purposes only had 
been used in other ways and that the town needed the $50,000/ 
to be paid partly by a large donation. The Audubon Society wanted 
the proposal accomplished and the town took the position that if 
it couldn't sell the islands it should keep them. 

Mr. Adams recalled the circumstances of the dedication to the town, 
subsequent hearings and denial of the fill permit, and explained 
the Board's position. Mr. Christian pointed out that the town had 
not used the islands for public purposes and should reconvey them. 
Mr. Apthorp said the town's title was encumbered with the public 
purpose covenant, that if the town desired to protect the islands 
they should be allowed to revert to the Trustees with the under- 
standing that an agreement would be made with the Audubon Society, 
with the State of Florida retaining title. 

The motion by Mr. Christian, seconded by Mr. Adams, was adopted 
without objection, that the staff recommendation be accepted as 
the action of the Board. 



BREVARD COUNTY - Confirmation of Contract Sale 

On April 12, 1966, the Trustees confirmed sale of submerged land in 

Newfound Harbor in Section 31, Township 24 South, Range 37 East, 

Brevard County, to Florida-Ozier Enterprises, Inc., which entered 

into a contract to purchase under policy effective then. Contract 

No. 24269(1749-05) issued, was subsequently assigned to the Oakland 

Consolidated Corporation, all contract payments had been paid and 

assignee was entitled to a deed. Staff recommended approval. 

Mr. Apthorp said there was no question about the deed description, 

the confirmation was really a ministerial function of the Board, 

and the price had been paid. 

Some question had been raised at the Board's staff meeting and 
it was understood that the matter would be deferred. Mr. Jay Hall 
asked to be advised what the problem was so that he could inform 
his client. Mr. Adams stated that he would be advised. 

Without objection, the Board deferred action. 



DUVAL COUNTY - Road Right of Way Easement. 

On motion by Mr. Dickinson and Mr. Williams, seconded by Mr. Christian 
and adopted without objection, the Board granted the request from 
Jacksonville Expressway Authority for an easement across 4.42 acres, 
in Section 8, Township 3 South, Range 28 East, Duval County, at the 
southwest corner of the University of North Florida property to 
accommodate an interchange in the Jose-Vedra Expressway. The Board 
of Regents had approved the request. 



12-22-70 



164 

COLUMBIA AND SUWANNEE COUNTIES - Road Right of Way Easements- 
On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
without objection, the Board approved the request of the Department 
of Natural Resources for two easements 80 ft. wide for a road 
through Ichetucknee Springs State Park, to replace an existing 
county road through the park area in order to provide better 
utilization of the property. Both Columbia and Suwannee Counties 
by resolutions had abandoned that portion of the existing county 
road that would be replaced by the new right of way in Section 12 
Township 6 South, Range 15 East, in Suwannee County, and Section 7, 
Township 6 South, Range 16 East, in Columbia County. 



DADE COUNTY - Land Exchange 

Florida Power and Light Company in developing its Turkey Point 
Power Plant requested fee ownership of a 71.66 acre parcel in 
Section 32, Township 57 South, Range 32 East, Dade County, to comply 
with a requirement of the Atomic Energy Commission for site control. 
The company offered to exchange a 72.12 acre parcel in Section 29, 
Township 57 South, Range 40 East, Dade County, that has 444 ft. 
frontage on Palm Drive, for the 71.66 acre parcel owned by the Board 
that was presently without access and surrounded on three sides by 
applicant's property and on one side by Sea Dade Industries. An 
appraisal of both parcels (FP & L $68,500 and TIITF $55,000) was 
reviewed by staff appraiser and the values appeared equitable. 

The Trustees parcel was subject to Easement No. 22249A issued to 
Central and Southern Florida Flood Control District for canal rights 
of way, but due to realignment of Levee L-31-E none of the parcel 
would be needed in the future except a small amount adjacent to 
the south section line. The District agreed to relinquish its 
easement rights if the exchange was made subject to the company 
furnishing whatever future right of way was needed in this section 
without charge, to which the company agreed. 

The staff recommended the exchange. The Director advised that 
specific provisions in the statutes relate to exchange, and do not 
require advertisement. 

On motion by Mr. Christian, seconded by Mr. Adams and Mr. Dickinson, 
and adopted without objection, the land exchange was approved. 



DUVAL COUNTY - Land Exchange. 

On motion by Mr. Adams, seconded by Mr. Dickinson and adopted, the 
Board concurred in action of the Department of Natural Resources in 
the approval of exchange of a 2.05 acre parcel of state land on the 
north side of Hecksher Drive at the western approach to the toll 
bridge across Fort George Inlet that had been occupied under lease 
for over 30 years by Mr. Allen K. Overall as a fish camp. Mr. Overall 
offered in exchange a 28.8 acre marsh tract contiguous to state land 
that was a part of Huguenot Historic Memorial. Both parcels were 
surveyed and appraised. The 28.8 acres tract was appraised as 22% more 
valuable than the 2.05 acre state land less improvements erected 
by Mr. Overall. 



COLLIER COUNTY - Grazing Lease Renewal, Thomas H. Baker. 

On motion by Mr. Dickinson, seconded by Mr. Williams and adopted, 
the Board approved renewal of Grazing Lease No. 2308-S for three 
years at annual rental of 75C per acre with the other terms and 
conditions remaining the same. The lease covering Section 16, 
Township 49 South, Range 31 East, 640 acres, contained a provision 



12-22-70 



165 



for cancellation by the Trustees after 90-day written notice. 
The land had formerly been leased at 44C per acre annually. 



SANTA ROSA COUNTY - Advertise Oil and Gas Lease. 

On motion by Mr. Dickinson, seconded by Mr. Williams and adopted 
without objection, the Board authorized advertisement for sealed 
bids, requested by Humble Oil and Refining Company, for a five-year 
oil and gas drilling lease pursuant to law, of the reserved one- 
half petroleum interest held by the State of Florida in privately- 
owned land described as the SW^s of NW% of NE% , the NW% , SW% , the SW% 
of SE^.of NW%, and two parcels containing 10 acres in the NE% of 
SW%, all in Section 20, Township 5 North, Range 29 West, containing 
a total of 70 surface acres, more or less. The lease would require 
an annual rental of $1 per net mineral acre, 1/6 royalty, $50,000 
surety bond and at least one test well every 2% years of the lease 
term to a depth of 6,000 feet or to the top of the Smackover 
Formation, whichever is deeper. 

The State Geologist concurred in the staff recommended for 
approval . 



LEE COUNTY - Spoil Area Easement and Channel Right of Way, 

File No. 2385-36-253.03. 
Central and Southern Florida Flood Control District, sponsoring 
agent on behalf of Jacksonville District Engineer, requested six 
spoil areas 600 ft. by 600 ft. and a channel right of way easement 
in the Caloosahatchee River from Beautiful Island westerly to the 
east city limits of Fort Myers, for a project to enlarge the 
existing minus- 8 ft. by 9 ft. channel of the Okeechobee Waterway 
to a minus-10 ft. by 100 ft. approximately five miles long. 

The Federal Water Pollution Control Administration reported that 
short-term adverse effects from dredging can be expected, but 
long-range effects would not be significant as far as water quality 
is concerned provided recommendations as to diking are followed. 
The biological report stated that the proposed sites appeared to 
conform with recommendations made during a joint agency field 
review. 

On motion by Mr. Dickinson, seconded by Mr. Williams and adopted 
without objection, the Board granted the request for easement and 
right of way. 



COLLIER COUNTY - Dredge Permit, File No. 253.123-679. 
On November 10 and 24 the Board at Mr. Adams' request deferred an 
application from Marco Island Development Corporation to dredge 
2,111,999 cubic yards of material from 64.35 acres in Collier Bay 
for which the county had issued a permit. The dredging plan had 
been modified and the applicant agreed to reconvey three parcels 
of mangrove islands and submerged land in lieu of payment for fill 
material. The staff appraiser determined the value of the land 
and the staff advised that the exchange of undeveloped mangrove 
and submerged land for fill material was fair and would increase 
the land inventory in the pattern of the Collier-Read plan. 

Mr. Dickinson made a motion for approval, seconded by Messrs. 
Williams and Conner. 

Mr. Adams proposed an amended motion for approval of the dredge 
permit provided no spoiling below the mean high water line would 
take place until the Trustees determined what submerged land Marco 
Island had a valid claim to below the mean high water line and 
whether the bulkhead line extended beyond any submerged areas 
claimed by Marco Island. Mr. Christian seconded the amended 
motion, which was adopted without objection. 

Mr. Adams mentioned several areas that the staff should check 
including three connections in the sovereignty waters that 
apparently were unauthorized, two recent resurveys of Marco Island 



12-22-70 



166 



properties, and the elevation being used to determine the mean high 
water line. The Director said the staff would review the data and 
check the accuracy of elevations used. 



DUV AL COUNTY - Settlement. 

The Field Operations Division, along with personnel from the 
Department of the Interior, U. S. Fish and Wildlife Service, State 
of Florida Department of Natural Resources, and the Game and Fresh 
Water Fish Commission, inspected work done on Pearson Island by 
Associated Investment and Development Corporation consisting of 
excavating a perimeter canal across uplands and the marsh surround- 
ing Pearson Island. 39,119 cubic yards of material was removed 
from the canal, some placed on upland and some on the marsh. 

Staff recommended that (1) all material be removed from the marsh, 
(2) all material removed from the canal be purchased at IOC per 
cubic yard, (3) the canal be dedicated for public use, (4) those 
parcels of upland lying landward of the G. L. 0. meander line be 
conveyed by quitclaim deed to the state in exchange for a quitclaim 
deed to the state lands lying landward of the canal, (5) a minimum 
of three culverts be installed in the existing county road leading 
to Pearson Island to provide for water flow through the marsh on 
either side of the road, with the size of the openings in the dike 
and the removal of material subject to recommendations of the 
Department of Natural Resources. 

The staff recommendations were approved on motion by Mr. Dickinson, 
seconded by Mr. Williams, adopted unanimously. 



MARTIN COUNTY - Settlement. 

The Field Operations Division discovered an unauthorized operation 
by Mr. R. Stratton Justice, Justice Marine Sales, Inc., consisting 
of deepening and filling in a man-made canal which would not be a 
violation of Section 253.123 Florida Statutes. However, 70 cubic 
yards of material had been removed from sovereignty land in Hobe 
Sound-Intracoastal Waterway adjacent to Government Lot 1 in Section 
19, Township 40 South, Range 43 East, Martin County. Mr. Justice 
tendered $10 penalty payment and the staff recommended acceptance. 

On motion by Mr. Williams, seconded by Messrs. Conner and Christian, 
adopted without objection, the Board accepted $100 as settlement. 



COLLIER COUNTY - Extension of Dredge Permit, File 253.123-678 and 

253.124-149, Deed 17748 issued September 14, 1.926. 
On January 30, 1968, the Trustees approved the reactivation and 
reissuance of an expired fill permit granted on October 22, 1964. 
The Board of County Commissioners of Collier County considered a 
biological report dated December 21, 1967, and issued a new dredge 
and fill permit on December 19, 1967. A biological report prepared 
on December 21, 1967, recommended modifications that the Marco 
Island Development Corporation complied with and requested the 
Trustees to extend the time on the existing permit. Corps of 
Engineers permit SAJSP 64-413 would expire on December 31, 1971. 

Staff recommended extension of permit to coincide with expiration 
date of the Corps permit, filling to be limited to Sections 8, 9, 
10 and 16 in Township 52 South, Range 26 East, and dredging in 
Marco River from the mouth of John Stevens Creek to the projected 
west line of Section 4. As payment for 3,825,000 cubic yards of 
fill remaining to be removed, the applicant offered to convey suffi- 
cient land to equal $382,500 in value. 

The project contemplated dredging approximately 307 acres of 
sovereignty land and filling 475 acres owned by the applicant. 
Two areas had been identified, containing approximately 71.07 
acres of mangrove islands and 136.43 acres of submerged land valued 
at a total of $332,500. 

Motion was made by Mr. Christian that extension be approved as 



12-22-70 



167 



recommended by the staff. At Mr. Adams' request, Mr. Christian 
amended the motion to include provisions that were included in File 
No. 253.123-679 on this date (no spoiling below mean high water line 
until the Trustees determined what submerged land Marco Island had 
a valid claim to below the mean high water line, and whether the 
bulkhead line extended beyond any submerged areas claimed by Marco 
Island) . Mr. Adams seconded the motion that was adopted unanimously. 



BAY COUNTY - Dredge Permit, File No. 253.123-693. 

Grand Lagoon Company by Thomas P. Malloy, Vice President, applied 

for a dredge permit for two channels. The entire project had been 

revised to conform to the biologist's recommendations. A portion 

of the channels would be on applicant's upland property, and applicant 

desired agreement in principle for a boat basin, the precise location 

of which would be selected to conform to recommendations of the 

Department of Natural Resources. 

Motion was made by Mr. Williams, seconded by Mr. Dickinson, that 
the application be approved. Mr. Adams requested deferral for 
resolving certain questions relating to the recommendations of the 
Department of Natural Resources and others. Without objection, the 
matter was deferred. 



LEE COUNTY - Dredge Permit Amendment, File No. 253.123-640. 
Old Bridge Park Corporation, by H. L. Stamm, applied for amendment 
to an existing permit to dredge an additional 145,000 cubic yards 
of material from a perimeter navigation channel in the Caloosahatchee 
River adjacent to Section 1, Township 44 South, Range 24 East, Lee 
County. In consideration for fill material the applicant proposed 
to convey approximately 11 acres of marsh land valued at $14,500. 
The biological report dated November 6, 1970, endorsed the staff's 
attempt to preserve a marsh area in private ownership, and the 
staff recommended approval of the application conditioned upon 
receipt of a warranty deed conveying title to the marsh free and 
clear from all title defects, liens and other encumbrances. 

On motion by Mr. Williams, seconded by Mr. Christian and adopted 
without objection, the Board adopted the staff recommendation. 



MONROE COUNTY - Dredge and Fill Permit, Section 253.03, File 197. 
M. D. Siderius applied for a permit to dredge to improve navigation 
and submerged land conveyed in Trustees Deed No. 22744. He desired 
to dredge a 50 ft. wide top cut, 5 ft. deep m.l.w., and 450 ft. long 
channel adjacent to Section 32, Township 63 South, Range 37 East, 
Florida Bay, 250 ft. of it on sovereignty land and 200 ft. on sub- 
merged land in private ownership. Material would be placed on 
submerged land previously conveyed. $50 processing fee was tendered, 
a total of 2,600 cubic yards would be removed, and $70 was tendered 
for 700 cubic yards to be removed from state-owned land. The appli- 
cation had been deferred on September 1 because of a question 
raised regarding charge for dredge material. 

The biological report was adverse. Applicant agreed to quitclaim 
to the state approximately 0.29 acre of submerged land to compensate 
for adverse effects on marine life. 

On motion by Mr. Christian, seconded by Mr. Williams and adopted, 
the Board approved the application as recommended by the staff, 
subject to receipt of reconveyance of submerged land to the state 
as offered by the applicant, and normal stipulations as to dredging 
and filling. 



OSCEOLA COUNTY - Dredge Permit, Section 253.123, File No. 501. 
Thomas L. Rebik applied for permission to dredge 4,500 cubic yards 
of material from East Lake Tohopekaliga adjacent to Section 28, 
Township 25 South, Range 30 East, Osceola County, from an area 928 
ft. long, 30 ft. wide top cut, 4 ft. deep m.l.w. The material 
would be placed on applicant's upland above the 61.0 ft. contour 
line. Applicant tendered $450 as payment and had modified the 



12-22-70 



168 

application to lessen the adverse effects on marine life. The Central 
and Southern Florida Flood Control District offered no objection. 
On June 9 the Board had deferred action on this application. The 
Director said the lake was down as a result of drought conditions, 
was one of the bodies of water to be "drawn down" and the material 
would be removed during that period. 

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



ST. LUCIE COUNTY - State Dredge Permit Amendment, 

Permit No. 253.123-487. 

Marine Science Center, Inc., by Richard B. Hellstrom, requested 
approval of a dredge permit from the county to amend state dredge 
permit be allowing an approach wing to be dredged on the existing 
access channel. The dredge area would cover approximately one acre.' 
There would be no additional charge for material as the 26,000 cubic 
yards of material authorized under the existing permit covered the 
amended area. The $50 processing fee was tendered. 

The Department of Natural Resources on December 9 offered no 
objection to the proposal. 

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



MONROE COUNTY - Dredge Permit to Improve Navigation, Section 253.0 3 

Florida Statutes, File No. 168. 
Joseph R. Harrison, represented by William J. Roberts, attorney, 
applied for a permit to dredge a perimeter navigation channel in 
Barnes Sound adjacent to' Sections 9 and 16, Township 60 South, Range 
40 East, 9,500 ft. long more or less, 5 ft. deep m.l.w., and 50 ft. 
wide top cut; a 6,000 ft. long, 8 ft. deep m.l.w., 50 ft. wide top 
cut perimeter channel; and a 2,000 ft. long, 8 ft. deep, and 50 ft. 
wide access channel adjacent to Sections 10 and 15, Township 60 
South, Range 40 East, Monroe County. Approximately 25,000 cubic 
yards will be removed from the Barnes Sound channel at no charge, 
as the submerged land was acquired through Murphy Act deeds. 

That part of the application pertaining to a boat basin was withdrawn 
from the agenda at this time. Applicant tendered check for $2,300 
as payment for 23,000 cubic yards to be removed from the channels 
in the Atlantic. $50 processing fee was tendered. Plans and other 
information relating to a marina license will be presented to the 
Board when the marina plans have been completed. 

The Division of Recreation and Parks had no objection to the project 
that conformed to a comprehensive plan being prepared for a network 
of navigation channels within the John Pennekamp Coral Reef State 
Park. The biological report was partially adverse and recommended 
location of the perimeter channel on the Atlantic side above the 
red mangroves. The proposed 8 ft. deep dredging was for a valid 
navigation need. 

Subject to modification of the application to eliminate the boat 
basin portion, the Trustees approved the dredge permit as recommen- 
ded by the staff on the motion made by Mr. Conner, seconded by 
Mr. Dickinson, and adopted without objection. 



POLK COUNTY - Marina License, Section 253.03 Florida Statutes. 
Lakeside Hills Estates, Inc., in care of T. J. Oxford, Jr., applied 
for a state marina license for a floating fishing pier in Lake 
Gibson in Section 25, Township 27 South, Range 23 East, Polk County, 
for use by occupants of a mobile home park. All required exhibits 
including $346.50 payment for occupying the 17,325 sq. ft. in -the 
lake were submitted. No dredging was required. All sanitary 
facilities will be connected to the sewer system of the City of 
Lakeland. 



12-22-70 



169 

On motion by Mr. Christian, seconded by Mr. Williams and adopted 
without objection, the Board approved issuance of the marina license 



GULF COUNTY - File No. 2383-23-253.12, Application for Advertisement 
The St. Joe Paper Company applied to purchase a parcel of filled 
sovereignty land in St. Joseph's Bay abutting Government Lots 4, 7 
and 8, in Section 35, Township 7 South, Range 11 West, Gulf County, 
containing 9.32 acres, more or less, to be used in conjunction with 
a proposed project to construct industrial and municipal waste 
treatment facilities. The bulkhead line will be scheduled for 
consideration by the Trustees prior to the date for considering 
confirmation of the sale. The area has been subjected to filling 
without authorization and the staff recommended that in event of 
sale the price should be three times the appraised value in accor- 
dance with the Trustees' policy. The Attorney General's office 
indicated that action on the matter would not adversely affect 
or interfere with current litigation. 

On motion by Mr. Christian, seconded by Mr. Williams and adopted 
without objection, the Trustees authorized advertisement of the 
parcel for objections only. 



TRUSTEES FUNDS - The Department of General Services requested 
allocation of $61,407 to cover costs of relocating personnel from 
the Holland Building, as follows: $4,200 moving expense; $15,359 
for rent in Larson Building; $8,990 for expenses (supplies, etc.); 
and $32,858 for renovation of the Larson Building space. 

Use of Trustees funds for the purpose requested would be an excep- 
tion to the policy set by the Trustees on June 30, 1970, and the 
Director said he could only recommend the amount for renovations 
but it should be clearly understood that it would constitute an 
exception to the Board's policy. Legislative appropriations from 
the Operating Trust Fund already exceed the total of cash on hand 
and short term investments. It was assumed that the operating 
receipts would be enough to cover that deficiency. 

The recommendation was that the Board allocate $32,858 from the 
Operating Trust Fund (2-750-0100) for the cost of renovation and that 
the Senate be requested to allocate funds for the payment of moving 
expenses, rent and other costs. However, Mr. Adams requested 
deferment. He and other members questioned such use of Trustees 
funds while recognizing that General Services Department had to 
vacate the Holland Building at the request of the Legislature and 
had to prepare office space in the Larson Building. Mr. Blakemore 
explained that he had requested the Department of Administration 
for funds from any legal source. 

Mr. Dickinson said that funds would have to be generated for 
alterations in the Holland Building for the Legislature, in the 
Larson Building for General Services, and for a Cabinet Room. 
Mr. Adams thought the new administration would address itself to the 
problem. The members indicated that Mr. Blakemore could proceed 
to do what was necessary and within a short time a legal source of 
funds would be decided upon by those concerned. 

Mr. Apthorp presented a statement of the cash balance and the 
condition of the Trustees' funds, calling attention to overcommitment 
of operating funds and efforts made during the year to offer better 
protection of such funds which he thought should properly be used 



12-22-70 



170 



for acquisition of land and operation of the Department 



DADE COUNTY - File No. 2262-13-253.03. 

Mr. Logan Manders was present again with regard to a matter not on 
the agenda, discussed last week, and the Director renewed his 
recommendation that the Board take no action until receipt of the 
$45,000 in payment for the state's interest in the land in question. 
By agreement, the Board would then issue a disclaimer or quitclaim. 
However, Mr. Manders proposed resolutions for the Board to consider 
on this date, said the amount of $50,000 had been placed in escrow 
with the Lawyers Title Insurance Company at Miami, and asked for 
certain action by the Board to clarify the court proceedings. 

Mr. Dickinson noted that no new ground was presented. The Governor 
said the facts of the matter were clear. Mr. Apthorp, reviewing 
the action, said the Trustees intervened in the lawsuit to protect 
any interest the state might have, the court accepted the Trustees 
as a party and recognized that the state might have an interest, 
and about a year ago Mr. Manders asked to purchase whatever in- 
terest the Trustees had in the land which was appraised and a 
price agreed upon. Upon receipt of that amount, any interest of 
the state will be conveyed to Mr. Manders. 

The Board felt that no further action was called for .Mr. Christian 
made a motion, seconded by Mr. Dickinson and unanimously adopted, 
that the Board adhere to the Director's recommendation. 



Executive Director Apthorp, having been appointed as an assistant 
to Governor-Elect Reubin Askew effective January 5, 1971, expressed 
to the Trustees his appreciation for their support during his 
past year and a half. Since the first meeting of the Board under 
the new administration would be on January 12, he suggested that 
Mr. Fred Vidzes be designated as the interim director until a 
permanent director has been selected. 



On motion by Mr. Christian, seconded by Mr. Adams and adopted 
without objection, the Board accepted that suggestion and named 
Mr. Vidzes' as interim executive director of the Board of Trustees 
of the Internal Improvement Trust Fund. 



On motion duly adopted, the meeting was adj 



ATTEST; \A\ a kJ^ 




EXECUTIVE DIRECTO: 



12-22-70 



171 



Tallahassee, Florida 
January 12, 19 71 

The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the auditorium of the Haydon Burns 
Building in Tallahassee with the following members present: 

Reubin O'D. Askew Governor 

Richard (Dick) Stone Secretary of State 

Robert L. Shevin Attorney General 

Fred 0. Dickinson, Jr. Comptroller 

Thomas D. O'Malley Treasurer 

Floyd T. Christian Commissioner of Education 



Fred Vidzes _r.zeri~ Director 



The Board approved the minutes of December 15 as corrected on page 
nine by the addition of "based on the 1962 value of land in the 
Fakahatchee Strand." The minutes of December 22, 1970, were approved. 



The Board adopted the following resolution, traditional at the 
beginning of a new administration: 

RESOLUTION 

WHEREAS, it has been the custom of the State of Florida 
Board of Trustees of the Internal Improvement Trust Fund 
to organize by designating the incoming Governor as Chairman 
of the Board of Trustees; NOW, THEREFORE, 

BE IT RESOLVED that the Board of Trustees of the Internal 
Improvement Trust Fund designate the Honorable Reubin O'D. 
Askew, Governor of Florida, as Chairman, and, pursuant to 
custom, in his absence the next member of the Trustees, 
according to the order in which their names appear designated 
in the Act creating the Internal Improvement Trust Fund, 
shall preside as Chairman. 



A resolution proposed by Secretary of State Richard (Dick) Stone 
regarding efforts to improve the Miami River was withdrawn from 
the agenda for the reason that the matter was considered by the 
Department of Natural Resources and a similar resolution was adopted 
by that Board. 



On motion by Mr. Christian, seconded by Mr. Dickinson, and carried 
unanimously, the following resolution was adopted: 

RESOLUTION 

WHEREAS, James W. Apthorp was appointed Executive Director 
for the Board of Trustees of the Internal Improvement Trust 
Fund effective August 1, 1969, after having served the State 
of Florida as Deputy Secretary of State, and 

WHEREAS, James W. Apthorp, as one of his first accomplishments 
as Executive Director, did organize and implement an improved 
internal restructuring of the Board of Trustees ' staff with 
the result that the Board is more effectively managing, 
conserving, and protecting the public's land as directed by 
the Laws of Florida, and the public is being provided with 
a more efficient promulgation of information regarding the 
Board of Trustees ' responsibilities in the area of land 
management, and 

WHEREAS, James W. Apthorp has been actively involved in some 
of the most significant matters ever to come to the Board's 
attention, such as the State's (and Nation's) first aquacul- 
ture lease, establishment of the State's first system of 
aquatic preserves, and establishment of new policies governing 
the protection of the State's lands, and 

1-12-71 



172 



WHEREAS, James W. Apthorp in his capacity as Executive Director 
did effectively represent the Board of Trustees on many 
committees, namely, the Coastal Coordinating Council, the 
Advisory Committee on Aquatic Preserves, the Outdoor Recrea- 
tion Advisory Committee, the Advisory Council to Bureau of 
Historic Sites and Properties, and the Ecology Advisory 
Council to the Florida State Department of Transporation , and 

WHEREAS, James W. Apthorp by his example and leadership 
during his tenure as Executive Director did instill in his 
staff a high degree of loyalty, respect, and a desire to 
better serve the people of Florida, and 

WHEREAS, James W. Apthorp by his impartial, professional 
approach to all matters coming before the Board of Trustees 
did provide the necessary guidance and assistance required 
for the Board to fulfill its obligations mandated by the 
people of Florida, and 

WHEREAS, James W. Apthorp has submitted his resignation as 
Executive Director for the Board of Trustees of the Internal 
Improvement Trust Fund; 

NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of 
the Internal Improvement Trust Fund, in recognition of his 
outstanding contributions to the Board of Trustees and to 
the State of Florida, does extend to him its official appre- 
ciation for the high standards he has set, as well as its 
sincere tribute for his dedication in the discharge of the 
responsibilities placed on his as Executive Director, and 

BE IT FURTHER RESOLVED that the Board of Trustees does hereby 
extend to him its best wishes for his continued success as 
he further serves the State of Florida as Senior Executive 
Assistant to the Governor. 



BREVARD COUNTY - Confirmation of Contract Sale. 

Staff recommended approval for issuance of a deed for land sold 
by the Trustees on April 12, 1966, in Newfound Harbor in Section 
31, Township 24 South, Range 37 East, Brevard County, to Florida- 
Ozier Enterprises, Inc. Under policy then in effect, the applicant 
entered into a contract to purchase. Contract No. 24269(1749-05) 
was issued and subsequently assigned to the Oakland Consolidated 
Corporation, a Michigan corporation. All contract payments were 
paid and the assignee was entitled to a deed. On December 22, 
1970, the Board deferred action on this request. 

Motion was made by Mr. Christian, seconded by Mr. Dickinson and 
adopted without objection, that the deed be issued to the 
assignee . 



DADE COUNTY - Dedication, File 2364-13-253.03. 

The Board deferred action on a request from the City of Miami 
for dedication of a parcel of sovereignty land containing 0.092 
acre in Biscayne Bay abutting Section 39, Township 54 South, 
Range 41 East, in the City of Miami, pending receipt of a 
supplemental biological report. 



PALM BEACH COUNTY - Quitclaim Deed, - Section 253.12(6) F. S. 

File 2383-50-253.12(6) 
At the request of the Attorney General, the Board deferred for 
two weeks consideration of an application from William E. Benjamin 
II of Manalapan, Florida, represented by Raymond Royce, for a 
quitclaim deed to 8.262 acres of filled sovereignty land in Lake 
Worth abutting Section 10, Township 45 South, Range 3 East, in 
Palm Beach County, that was filled under a valid Corps of 
Engineers permit in 1957. 



1-12-71 



173 



PALM BEACH COUNTY - Application for Confirmation of Sale, 

File 2372-50-253.12 
At the request of Attorney General Shevin, the Board deferred for 
two weeks the consideration of confirmation of sale of four parcels 
of sovereignty land in Lake Worth abutting filled sovereignty land 
in Section 10, Township 45 South, Range 43 East, Palm Beach County. 

On November 24, 1970, the Board authorized advertisement for 
objections only, and objections were received along with several 
letters from owners within the abutting subdivision approving sale. 
Staff had recommended modification of the area that might be 
considered for sale. The biological report was adverse. 

The proposed sale had been advertised in the Palm Beach Post 
four consecutive weeks and on December 29 , the sale date shown in 
the notice, there was no meeting of the Board. Therefore, the 
application from William E. Benjamin II had been listed on the 
agenda on this date. 



VOLUSIA COUNTY - Bulkhead Line, Section 253.122 Florida Statutes 
The Board of County Commissioners of Volusia County by Resolution 
No. 70-81 adopted on November 5, 1970, established a bulkhead line 
21,750 feet long along the east bank of the Halifax River approxi- 
mating the mean high water line and existing seawalls in Townships 
13 and 14 South, Range 32 East, Volusia County. 

The biological survey report by the Department of Natural Resources 
was not adverse. Staff recommended approval of the line. 

Motion was made by Mr. Christian, seconded by Mr. Dickinson and 
Mr. O'Malley, and adopted without objection, that the Board approve 
the bulkhead line as established by Volusia County. 



DADE COUNTY - City of Islandia, Dedication No. 23048 
The staff requested authority to give the City of Islandia proper 
notice, as required in Dedication No. 23048, that the dedication 
of 109 acres of sovereignty land between Totten and Old Rhodes Key 
will be revoked. The dedication granted by the Trustees on December 
5, 1961, contained a non-use and reverter provision requiring the 
city to use the land for public municipal purposes, file a report 
concerning the uses and plan for using the land, and providing for 
revocation for non-use at the option of the Trustees upon giving 
the city 90 days' notice in writing. The city had been notified 
that the matter was on the agenda on this date. 

Request had been made by the Jacksonville District Engineer, 
acting as land acquisition agent for Biscayne National Monument, 
that the Trustees rescind the dedication so that the land subject 
to the dedication might be acquired for the Monument. 

On motion by Mr. O'Malley, seconded by Mr. Christian and adopted 
without objection, the Board authorized the staff to notify the 
City of Islandia that the reverter provision would be exercised 
for non-use, as provided in the dedication instrument. 



MORATORIUM - Fill Material, Dredge and Fill Permits 

Attorney General Shevin made a motion to impose a moratorium on 

the sale of any state-owned fill material and issuance of any 

dredge and fill permits until such time as the committee appointed 

by the Trustees on September 15, 1970, shall have submitted its 

recommendations and the Trustees shall have adopted a revised 

schedule of charges and procedure for assuring that, when and 

if such material are lawfully sold or exchanged, the proceeds 

to be returned to the Trustees, and ultimately to all citizens and 

taxpayers, shall be as near the prevailing commercial market rate 

as it is possible to ascertain. 



1-12-71 



174 

Motion was made by the Attorney General, seconded by Mr. Christian 
and adopted without objection, that the rules be waived and the 
Board consider the moratorium. 

Mr. Stone seconded the motion for a moratorium. 

In the discussion that followed Mr. Shevin explained that he 
wanted to make certain that the committee will bring recommendations 
to the Board as soon as possible arid that hopefully the Board will 
adopt a policy raising the price from the present 10£ per cubic 
yard and requiring appraisals on each project over $1,000 in 
value of fill material. 

Governor Askew said there might be consideration as to whether the 
Trustees should sell any material except for legitimate navigational 
needs, that applicants might truck in material instead of dredging. 
Mr. Christian pointed out that part of the revenue goes to the 
state school fund. Mr. Stone commented that there would be many 
things to consider when the committee recommendations were reviewed. 

Mr. Vidzes advised the Board that the committee had met, that 
recommendations were being drafted by the chairman of that com- 
mittee, but that there might be certain emergency situations that 
required consideration. The Governor said that the Board might 
agree to grant permits in emergency situations provided the appli- 
cants understand that payment would have to be made at the new 
rates to be established. 

There being no further discussion, the motion by Mr. Shevin, 
seconded by Mr. Stone, was adopted without objection. 



BREVARD COUNTY - City of Titusville Dredge Permit 253.123-694 

and Fill Permit 253.124-155 
Because of adoption of the moratorium, the Board deferred 
consideration of an application from Dr. Kenneth L. Sagrans for 
approval of a dredge and fill permit issued by the City of Titus- 
ville on February 16, 1970, to fill a 0.37 acre parcel of submerged 
land in the Indian River previously conveyed by the Trustees, and 
to dredge 4,000 cubic yards of material from a borrow area in the 
Indian River below the one fathom contour in accordance with 
recommendations in the biological report. The biological report 
had been adverse, although it recognized that a reduction of 66% 
in the fill area had been made as a result of staff effort. 



OSCEOLA COUNTY - State Utility Permit No. 253 . 03 (7) -232 
The City of Kissimmee had been granted a state utility permit on 
November 20, 1970, in accordance with a policy adopted by the 
Board on July 14, 1970. Mr. Arthur Steed on behalf of a number 
of local citizens had asked for an opportunity to appear before 
the Board to request that the permit be rescinded. He was not 
present, however, as the matter appeared to have been resolved. 
Mr. Vidzes reported that the City of Kissimmee had agreed to 
relocate their power transmission lines, removing them from the 
proposed area of Lake Tohopekaliga. As the line will not cross 
state-owned land, refund of the $100 application- fee was requested, 

On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the Board authorized the permit rescinded and 
the $100 refunded. 



DUVAL COUNTY - Dredge Permit, Section 253.123 F. S. 

Harrell's Marina, represented by Lake G. Ray, Jr., applied for 
permission to perform maintenance dredging in an existing basin in 
Section 23, Township 2 South, Range 29 East, Duval County, in the 
Intracoastal Waterway, to redredge to six and eight feet deep an 
area approximately 650 ft. long and 200 ft. wide. Applicant had 
tendered $50 processing fee and $1,050 for the 10,500 cubic yards 
of material to be removed and placed within a diked area on the 



1-12-71 



175 



upland . 

The City of Jacksonville Beach had approved the project. The 
spoil area was revised in accordance with the biological report of 
September 21, and the supplementary report of November 13 was not 
adverse . 

Because of the request of the Attorney General on this date, the 
Board deferred consideration of this application. 



PALM BEACH COUNTY - Fill Permit, Section 253.124, File 156, 

Deed No. 24284-1807-50 
Arvida Corporation applied for approval of a fill permit from the 
City of Boca Raton to fill approximately 0.094 acre, more or less, 
of submerged land acquired under Deed No. 24284 in Lake Boca Raton 
in Section 29, Township 47 South, Range 43 East, Palm Beach County. 
No dredging was contemplated and the biological report was not 
adverse . 

Mr. Shevin agreed to remove his objection provided the permit 
carried a stipulation that in addition to the material in the 
subject permit application being trucked in, the Board could be 
assured that there would not be a subsequent application for a 
permit to dredge. The applicant's representative, Mr. Elliott 
Messer, said there was no intention to dredge or require any 
fill material from state-owned lands, that the project contemplated 
obtaining material from the owner's property or by purchase from 
another source. 

Motion was made by Mr. Dickinson, seconded by Mr. O'Malley and 
adopted without objection, that the Board approve the fill permit 
subject to inclusion of a written stipulation as requested by the 
Attorney General and accepted by the applicant's representative. 



MONROE COUNTY - The Board deferred for one week the consideration 
of a request from the U. S. Army Corps of Engineers and the U. S. 
Department of Interior that the Trustees join in an effort 
to alleviate the problem of unauthorized stilt houses in the 
Marquesas Keys area, which lies within the Key West National 
Wildlife Refuge in Monroe County, Florida. 

There were about 17 stilt houses in the area, some under state 
permit. Mr. Christian made a motion to post removal notices on 
the unauthorized cabins. Mr. Dickinson made a substitute motion to 
defer action to give the Attorney General an opportunity to 
review the matter and advise the Board with reference to any 
implications involved as to structures under state permits. 

Without objection, the substitution motion for deferment was 
adopted. 



BAY COUNTY - Dredge Permit, File 253.123-693 

On December 22 the Board deferred action on an application from 
Grand Lagoon Company for a permit to dredge two channels and a 
boat basin and perform maintenance dredging in an existing channel 
in Sections 10 and 15, Township 4 South, Range 15 West, in Grand 
Lagoon, Bay County. 

The Attorney General requested deferment for two weeks, and noted 
that the dredging of 48,600 cubic yards of material might come 
within the moratorium. Mr. Dickinson commented that some of the 
members had been thoroughly briefed on the application, but that 
the new members had not had an opportunity to study the request. 

A representative for the applicant was present but agreed to 
withhold the presentation until the appropriate time. The Governor 
advised him that he would not be in favor of the boat basin taking 
up state water bottoms, but that it might be located on the appli- 
cant' s upland. 



1-12-71 



176 



The Attorney General's request for deferment was accepted by the 
Board on motion made by Mr. Stone, adopted without objection. 



REFUNDS - Murphy Act Deeds 

On motion by Messrs. Dickinson and Stone, seconded by Mr. Christian 
and adopted without objection, the Board authorized issuance of 
refunds to three applicants for quitclaim deeds releasing state 
road right of way reservations contained in Murphy Act deeds which 
the Department of Transportation did not recommend be released, 
as follows: 

$15 refund to Kurt Wellisch - Dade County Deed 1310 

$30 to Herman I. Bretan - Dade County Deed 1191 & 1427 

$15 to Regional Building, Inc. - Leon County Deed 176 



GADSDEN COUNTY - Land Transfer for School Purposes. 

The Board of Public Instruction of Gadsden County requested trans- 
fer of 28.12 acres of land in Sections 33 and 34, Township 4 North, 
Range 6 West, Gadsden County, to the Board of Public Instruction, 
for public school purposes. 

The parcel was under the control of Apalachee Correctional Institu- 
tion and used for timber production. The Division of Corrections 
approved the transfer provided that use of the land be restricted 
to public school purposes only and title would revert to the Board 
of Trustees in the event school construction was not commenced 
within five years from 'date of the conveyance. The School Board 
agreed to such restrictions and to the harvesting of all marketable 
timber by the state prior to school construction. 

Motion was made by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, that the Trustees approve conveyance of the 
28.12 acre parcel to the applicant subject to the use and time 
restrictions recommended. 



OKEECHOBEE COUNTY - Temporary Road Easement . 

The Department of Transportation requested a temporary road 
easement to terminate on January 1, 1974, across the South 25 Ft. 
of Lots 2, 4, 25 and 26 of Block 60, Okeechobee Gardens Subdivision, 
Plat Book 2, at Page 30, Okeechobee County, for the purpose of a 
temporary detour in connection with construction of a new bridge 
on State Road 70. 

Motion for approval was made by Mr. Stone, seconded by Mr. Christian. 

During the discussion Mr. Stone called attention to the possibility 
of the detour creating damage to the body of water, as projects of 
the Department of Transportation in past years had been one of the 
major offenders. Mr. Vidzes said that department was aware of the 
problems in the area of water pollution and turbidity, and the staff 
relied on that department to check on the contractors and the work. 
The Governor said he would confer with the Secretary of Trans- 
portation on this very valid consideration. 

The motion for approval was adopted without objection. 



POLK COUNTY - Right of Way Easement 

The Department of Transportation requested an easement for road 
purposes covering 0.43 acre of land in S 1/2 of N 1/2 of Section 7, 
Township 26 South, Range 27 East, Polk County. The required parcel 
was part of the Citrus Experiment Station at Lake Alfred and the 
Board of Regents and Department of Transportation had reached a 

1-12-71 



177 



satisfactory settlement with respect to compensation for a number 
of citrus trees being grown for experimental purposes. An agree- 
ment had been drawn and approved by both agencies whereby the Board 
of Regents would receive $900 for the citrus trees. 

On motion by Mr. Christian, seconded by Mr. Dickinson and adopted 
without objection, the Board approved the agreement and right of 
way easement. 



ST. LUCIE COUNTY - Ocean Beach Park Lease. 

Staff recommended acceptance of a deed from the Board of County 

Commissioners of St. Lucie County conveying to the Board of 

Trustees title to 3.25 acres of beach property and issuance of a 99-year 

lease to the county for developing, preserving and maintaining the 

land for outdoor recreational, park, conservation and related uses.. 

The Outdoor Recreation Advisory Committee on December 18 approved 
granting $50,000 from the 15% Fund of the Land Acquisition Trust 
Fund to St. Lucie County for development of this property, provided 
the title was vested in the State of Florida. 

The Department of Natural Resources on this date approved the deed, 
and 99-year lease to St. Lucie County. 

On motion by Mr. Christian, seconded by Mr. Dickinson and adopted 
without objection, the Board authorized acceptance of the deed 
from the county and issuance of 99-year lease to the county as 
recommended. 



SANTA ROSA COUNTY - Oil Lease Assignment 

On motion by Messrs. O'Malley and Stone, seconded by Mr. Christian, 
and adopted without objection, the Board of Trustees approved 
assignment of Oil and Gas Drilling Lease No. 2475 dated November 24, 
1970, from M. B. Rudman to Rudman Resources, Inc., a Texas corpora- 
tion. 



COLLIER COUNTY - Oil and Gas Lease Bids 

On November 24 the Board authorized advertisement for sealed bids 
for a five-year oil and gas drilling lease covering the reserved 
one-half interest of the Board of Education in Section 16, Township 
46 South, Range 29 East, and Section 16, Township 46 South, Range 30 
East, containing 1,280 surface acres, more or less, in Collier 
County. Invitation to bid was advertised pursuant to law, in the 
Tallahassee Democrat and the Naples Daily News, and bids were to 
be opened at 10:00 A.M. (EST) on this date. 

The two bids received were for an identical amount of consideration, 
$1,920. Sun Oil Company submitted $1,920 total consideration, 
consisting of $640 for first year's rental plus a bonus of $1,280. 
Robert Mosbacher submitted $1,920 total consideration, consisting 
of $320 for first year's rental plus $1,600 bonus amount. 

The Director suggested deferment to review the identical bids to 
determine if both bids were equal, due to the fact that there was 
a variation in the bonus amount and first year's rental making 
up the consideration. 

Without objection, action was deferred. 



ESCAMBIA COUNTY - Messrs. Dave Nelson and Lee Goodwick were present 

to make request for an emergency dredge permit in Chico Bayou in 

Pensacola. They explained that dredging was required to allow a 

gas barge to enter the terminal of the Water and Gas Petroleum Company. 

However, the staff had not had an opportunity to review the application and 

a number of questions were raised by the members. Mr. Vidzes said 

the problem was that no emergency provision allowed issuance of 

a permit for such dredging, that the law required the applicant to 

secure a permit from the local governing body (city or county) , 

before issuing such a permit a biological report is required unless 

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178 



waived by a majority vote of the Board of Trustees, and sometimes 
from six to eight weeks were required for processing such an 
application. 

Governor Askew said the Board had not been furnished all the 
information required to determine the full consequences of any 
action it might take at this time. He recommended that the 
staff meet with the applicants and make a recommendation at the 
next meeting. 

It was so ordered. 



On motion adopted without objection, the meeting was adjourned. 




-/aJ~ 




><^ 



GOVERNOR 



CHAIRMAN 



ATTEST 



:JU^J/U 



INTERIM EXECUTIVE DIRECTOR 



* * * 



* * * 



* * * 



Tallahassee, Florida 
January 19, 1971 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the auditorium of the Haydon Burns 
Building in Tallahassee with the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred 0. Dickinson, Jr, 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Fred Vidzes 



Interim Executive Director 



GULF COUNTY - Bulkhead Line, Section 253.122 Florida Statutes 
The Board of County Commissioners of Gulf County by resolution 
adopted on September 30, 1970, and the City Commission of the City 
of Port St. Joe by Resolution No. 422 adopted October 6, 1970, estab- 
lished a bulkhead line 3,836 feet long along the easterly bank of 
St. Joseph Bay in Section 35, Township 7 South, Range 11 West, 
in Gulf County. 

The biological report was not adverse and the staff recommended 
approval of the line. Mr. Vidzes explained that the line was 
fixed in relation to a proposed sale so that Port St. Joe Paper 
Company could proceed to install a seawall. 

Mr. Stone said that upland development was not contemplated but 
rather anti-pollution measures, and he made a motion, seconded by 
Mr. Dickinson", that the bulkhead line be approved. 



1-19-71 



179 



Mr. Shevin pointed out that usually bulkhead lines were established 
prior to advertising proposed sales, and Governor Askew referred to 
pending litigation and requested two weeks' deferment to determine 
what effect the bulkhead line establishment might have on the law- 
suit. He asked the staff to confer with the Attorney General and 
the Department of Air and Water Pollution Control on the matter. 

Without objection, the Board deferred action for two weeks. 



VOLUSIA COUNTY - Bulkhead Line, Section 253.122 Florida Statutes 
TheJSjtaff recommended reconfirmation of a bulkhead line established 
by the Board of County Commissioners of Volusia County by Resolution 
No. 70-88 adopted November 19, 1970, for the City of Daytona Beach 
in the Halifax River abutting upland in Section 39 , Township 15 
South, Range 33 East, in Volusia County. 

On October 27 the Trustees approved the county's Resolution No. 70 -7 1 
establishing a bulkhead within the small craft harbor. Questions 
raised at the meeting concerning legality of the establishment of 
the line were resolved, as the line was properly advertised and 
the public hearing properly held. 

On motion by Mr. Christian, seconded and adopted unanimously, the 
Board reconfirmed approval of the bulkhead line. 



INDIAN RIVER COUNTY - File No. 2386-31-253.12 Application for Sale 
In order to clear land title, Robert F. Lloyd representing the 
Estate of W. G. Bosworth, deceased, applied to purchase a parcel 
of filled sovereignty land in the Indian River abutting Section 8 , 
Township 31 South, Range 39 East, 0.5 acre in Indian River County, 
for $100. The parcel was landward of the bulkhead line approved by 
the Trustees on November 24, 1970, and the staff recommended 
advertisement for objections only. 

Monies from the estate were to be distributed to certain heirs and 
to two state universities. Governor Askew said the state should 
receive the full value if the land is sold. Mr. Dickinson agreed and 
asked that the Attorney General be fully informed in this matter. 

Motion was made by Mr. Dickinson, seconded by Mr. Christian and 
adopted without objection, that the land be advertised for objec- 
tions only with the understanding that the land will not be sold 
for less than the full value. The staff would secure an appraisal. 



ST. LUCIE COUNTY - Boundary Line Agreement, Land Exchange 
Lucie Properties, Inc., represented by Frank Fee, applied for a 
boundary line agreement and land exchange affecting land in and 
abutting Government Lots 1 and 2, Section 22, and Government Lot 2 
in Section 23, in Township 34 South, Range 40 East, St. Lucie County. 
The lots had been granted to the state pursuant to the Swamp Land 
Grant, were conveyed by the Trustees to William L. Moor by Deed No. 
14726 dated September 22, 1892, and the original government surveys 
of the area did not accurately reflect the true configuration of 
existing land. Meander lines cross over sovereignty land and swamp 
land which caused title to be clouded. 

So that marketable title might be procured, the applicant desired to 
exchange four parcels containing 46.4 acres including open water 
areas, for three parcels containing 52.4 acres. The exchange would 
block up the applicant's holdings and eliminate any interest in 
contiguous swamp and sovereignty lands. The staff appraiser had 
reviewed the proposal and an appraisal submitted by the applicant, 
and had determined that an equitable exchange would be the payment 
of $10,925 plus transfer of the four parcels containing 46.4 acres 
to the Trustees. The applicant's appraiser developed two valuations, 

(1) assigning a value of $41,475 for the applicant's interest and 

(2) assigning two values for the Trustees' interest, one $52,400 and 
the other $38,000. This appraiser concluded by stating: "... it ap- 
pears to this appraiser that it would be equitable to exchange the 
properties with no monetary considerations from either party." 

1-19-71 



180 



The boundary line would be the metes and bounds traverse of the 
outside toe of the existing mosquito control dike that encompasses 
the entire tract. 

The Trustees deferred action on December 22. On January 12 this 
application was placed on the advance agenda for consideration 
on this date. The Director had received a request from a member 
of the Board for deferment, but had not been able to advise the 
applicant's representative who was present. 

Mr. Fee discussed the problems caused by the old survey not 
agreeing with the true ground conditions. He said the land 
exchange would be in the interest of the state and the citizens, 
that all parties should have their property lines established, and 
the approach to the valuations was fair in his opinion. 

Mr. Stone had asked the Attorney General for an opinion on whether 
such a procedure, an exchange of land, should be advertised. 
Mr. Shevin advised the Board that he saw no difference in a con- 
sideration of money or of land when a sale was made, and he thought 
the Board should adopt a policy that any exchange of land be 
treated as a sale requiring a biological report and advertising for 
objections. The Governor shared in the concern that an exchange 
that was in effect a sale be advertised, but in some instances it 
was settling a boundary dispute and he suggested the policy be 
prepared in writing in order to take everything into consideration. 

The Board postponed action on the policy change pending preparation 
of a written policy for the consideration of the members. The 
Comptroller pointed out that there was a different statutory 
procedure for exchanges than for sales and the Attorney General 
might want to call to the attention of the Legislature any new 
policy regulations that might require statutory changes. 

The Governor thanked Mr. Fee for explaining the application, also 
deferred by the above action. 



PALM BEACH COUNTY - Marina License, Section 253.03 Florida Statutes 
On motion by Mr. Stone, seconded by Mr. Dickinson and adopted without 
objection, the Board approved the application of Bay Park Towers, Inc. 
represented by James D. Carlton Registered Engineers and Sand 
Surveyors, for a marina license for construction of a fishing and 
mooring facility over 4,041 square feet in Lake Worth adjacent to 
applicant's upland in Section 34, Township 43 South, Range 43 East, 
Palm Beach County, for the minimum annual fee of $100. 



DADE COUNTY - Marina License, Section 253.03 Florida Statutes 
On motion by Mr. Dickinson, seconded by Mr. Conner and adopted 
without objection, the Board approved the application of Whitehouse 
Inn and Boatel, represented by Clayton and Duff icy, for a state 
marina license for installation of mooring facilities occupying 
5,383 square feet in Biscayne Bay adjacent to upland in Section 28, 
Township 52 South, Range 42 East, Dade County, for the annual fee 
of $107.66. 



COMMERCIAL DOCK PERMITS - Time Extension 

On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
without objection, the Board granted time extension of 180 days 
for each of the following state commercial dock permits for the 
reason that construction was delayed due to delay in obtaining 
permits from the United States Army Corps of Engineers: 

Martin County - Permit No. CD-1688 issued April 14, 1970, 
to Henry Crane, 904 South Dixie Highway, Stuart, Florida. 

Sarasota County - Permit No. CD-1751 issued June 18, 1970, 

to Fisherman's Cove, Inc., 1549 State Street, Sarasota, Florida, 



PALM BEACH COUNTY - Marina License, Section 253.03 Florida Statutes 
City Manager Carl L. Kopp, for the City of Lake Worth, applied for 

1-19-71 



181 



a state marina license for the replacement and extension of a 

public fishing pier existing in the Atlantic Ocean abutting 

upland in Section 26, Township 44 South, Range 43 East, Palm Beach 

County. The new structure will occupy about 21,600 square feet 

of submerged land. The Department of Air and Water Pollution Control 

had no objections to the project. 

On motion by Mr. Dickinson, seconded by Mr. Stone and adopted with- 
out objection, the Board approved issuance of state marina license 
for the public facility without fee. 



VOLUSIA COUNTY - Bulkhead Line Location, Yacht Club Island, 

and Exchange Proposal 
At the request of a member of the Board of Trustees, action was 
deferred on the application of John C. Gross of New Smyrna Beach, 
represented by Hal McClamma, for a bulkhead line, purchase and dredge 
proposal. 



BAY COUNTY - Dredge Permit, File No. 253.123-697 

Tyndall Air Force Base, Panama City, Florida, requested approval of 
a dredge permit issued by Bay County for maintenance dredging of 
six sites in St. Andrews Bay and Sound, Sites 1-5 in Section 18, 
Township 6 South, Range 12 West, for a Life Support School, and 
Site 6 in an existing marina in Section 33, Township 4 South, 
Range 14 West, Bay County. A total of 15,100 cubic yards of 
material would be removed and placed on upland. The Bureau of 
Beaches and Shores did not object, but the biological report was 
adverse as to dredging in Sites 2,3,4 and 5. 

The staff thought the application might fall within hardship pro- 
visions of the dredging moratorium. Mr. Shevin felt that it was 
an exception because the federal government did not pay for the 
material and the moratorium was for the purpose of fixing appropriate 
prices for fill material. He had some questions about the location 
and would probably vote against such an application if it was 
not from the federal government. The Governor said it was for a 
public purpose. 

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



MANATEE COUNTY - Dredge Permit Amendment, File 253.123-456 
The Staff recommended reinstatement and amendment of an existing per- 
mit to Suncoast Realty by relocating the navigation channel closer 
to the shoreline, eliminating the need for a temporary spoil site. 
Payment of $120 was tendered for an additional 1,200 cubic yards 
of material to be excavated. 

On October 27, 1970, the permittee's dredging permit was temporarily 
suspended on the basis that a violation had been reported. Subsequent 
field investigation showed that the navigation channel had been 
completed in accordance with conditions contained in the permit. 
However due to limited capabilities of the earth-moving equipment, 
spoil was temporarily placed on an unauthorized site. If the appli- 
cation had been properly filed to indicate a temporary spoil site, 
no violation would have occurred. 

The Governor noted that the firm would pay one dollar per yard for 
the material placed on the unauthorized spoil area and would pay 
for additional fill at the price to be determined. He asked for 
a letter accepting those two provisions. Mr. William J. Roberts, 
agent for the applicant firm, said the penalty provision was 
accepted and requested permission to complete the remaining 10 
ft. of the 2,000 ft. long channel on a hardship basis. 

Motion was made by Mr. Stone, seconded by Mr. O'Malley and adopted, 
that reinstatement and amendment of the permit be approved subject 
to receipt of check for the penalty payment and a letter further 
agreeing to the new charge for the additional fill material. 



1-19-71 



182 



BREVARD COUNTY - Mosquito Control Project C-12A 

On motion by Mr. Dickinson, seconded by Mr. Conner and adopted 
without objection, the Board approved the application from Brevard 
Mosquito Control District to impound 110 acres of state-owned 
island marsh in the Banana River in Section 16 and 21, Township 
25 South, Range 37 East, Brevard County. A perimeter dike would 
be constructed for water improvement purposes. The Department of 
Natural Resources and the Game and Fresh Water Fish Commission 
concurred in the project. 



RECLAIMED LAKE BOTTOM LANDS 

The Interim Executive Director recommended adoption of the policy 
for administration and management of reclaimed lake bottom lands 
that was adopted on January 20, 1970, providing that the Board 
of Trustees may sell or otherwise dispose of reclaimed lake bottoms 
if determined not to be contrary to the public interest, each 
application to be considered on its own merits and no application 
to 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. By memorandum dated January 11, 1971, Mr. Vidzes had 
explained his recommendation to use this policy for reclaimed lake 
bottoms rather than the policy "... that no further sales of 
state-owned land will take place unless the applicant for the 
sale can affirmatively demonstrate that same would be in the 
public interest..." The House Joint Resolution No. 792 stated 
in part: "The title to lands under navigable waters ... is held 
by the state, by virtue of its sovereignty, in trust for all 
the people. Sale of such lands may be authorized by law, but 
only when in the publis interest." 

Since reclaimed lake bottom lands were no longer under navigable 
waters, and in October 1970 the Board had considered some applica- 
tions for reclaimed Lake Okeechobee land and it was difficult to 
define the public interest regarding those applications, the Board 
had directed the staff to review its recommendations based upon 
existing mitigating circumstances and to dispose of other pending 
applications in the area accordingly. Such reclaimed lake bottoms 
existed as a result of lowered levels of certain other lakes in 
Florida. Also Mr. Vidzes said the staff would continue to check 
with Central and Southern Florida Flood Control District, South- 
west Water Management District, local county commissions, as 
well as the Department of Natural Resources before recommending 
a sale of reclaimed lake bottom lands. 

Mr. Stone said his interpretation of the legislative intent was 

that "in the public interest" should apply to all lands. Mr. O'Malley 

thought the public interest could be demonstrated for such cases 

without restriction to the criteria of health, safety and welfare. 

The Governor pointed out that it was not easy to determine what 

was clearly in the public interest, that there was a question as 

to whether reclaimed lands should be in the same category as 

sovereignty lands, and he saw no harm in using the policy of 

"not contrary to the public interest" which was strong in itself. 

Mr. Christian moved the adoption of the Director's recommendation. 
Mr. Conner seconded the motion, commenting that such sales did not 
do violence to the Board's policy. Mr. Dickinson agreed, stating 
that the public interest was still the paramount test and each sale 
would have to come to the Board for consideration and protection of 
the public interest. 

Mr. Stone requested two weeks' deferment to try to prepare reasonable 
guidelines of what is in the public interest in this circumstance 
rather than to adopt the former policy of not contrary to the 
public interest. Without objection, the deferment was ordered. 



MONROE COUNTY - Stilt Houses in Marquesas Keys 

On motion by Mr. Christian, seconded by Mr. Dickinson and adopted 
without objection, the Board of Trustees agreed to join with the 
United States Army Corps of Engineers and Department of the 
Interior, Bureau of Sport Fisheries and Wildlife, in posting 



1-19-71 



183 



removal notices on unauthorized stilt houses in the Marquesas Keys 
area lying within the Key West National Wildlife Refuge in 
Monroe County as established on August 8, 1908, by Executive 
Order 923 signed by President Theodore Roosevelt. The Bureau 
was concerned that the proliferation of stilt cabins might ulti- 
mately have an adverse effect on the Refuge. 



COLLIER COUNTY - Oil and Gas Lease Bids 

On motion by Mr. Conner, seconded by Messrs Christian and 
O'Malley, the Trustees rejected the two bids received last week 
in response to an invitation to bid for a five-year oil and gas 
lease covering the reserved one-half interest of the Board of 
Education in Section 16, Township 46 South, Range 29 East, and 
Section 16, Township 46 South, Range 30 East, Collier County. 
Sun Oil Company and Robert Mosbacher each submitted a considera- 
tion of $1,920, with a variation in the bonus amount and first 
year's rental making up the total consideration amount. Staff 
legal counsel recommended rejection and readvertisement . 

The Board authorized the staff to readvertise for new bids. 



LEE COUNTY - Spoil Areas 

The City of Fort Myers by Resolution No. 7 0-36 adopted on 
December 21, 1970, requested concurrence in granting of easements 
by the city to the U. S. Corps of Engineers for spoil areas and 
channel right of way in the Caloosahatchee River (Okeechobee 
Waterway) in Lee County. The land was granted to the City by 
act of the Legislature June 2, 1915. The Board of Trustees on 
December 22, 19 70, approved spoil areas and channel right of way 
in connection with the project. 

On motion by Mr. Christian, seconded by Mr. O'Malley and adopted 
without objection, the Board of Trustees concurred in the action 
of the City of Fort Myers. 



QUARTERLY REPORT - For the Record 

On motion by Mr. Conner, seconded by Mr. Dickinson and adopted 
without objection, the Board accepted the report of operations 
of the State of Florida Board of Trustees of the Internal 
Improvement Trust Fund for the three-month period from October 
1, 1970, through December 30, 1970. 



SHELL LEASE INCOME REPORT - The Board accepted for the record 
the following report of remittances to the Florida Department 
of Natural Resources from holders of dead shell leases : 

Lease No. Company Amount 

1718 Radcliff Material, Inc. $ 304.20 

1788 Benton and Company, Inc. 19,901.01 

2233 Bay Dredging & Construction Co. 4,280.57 



Governor Askew recommended that Mr. Fred Vidzes be given the 
salary of the Director during the time he is serving as acting 
director, retroactive from the time he assumed that responsibility. 

On motion by Mr. Stone, adopted without objection, it was so ordered 
On motion duly adopted, the meeting was adjourned. 




ATTEST 



GOVERNOR - CHAIRMAN 



INTERIM EXECUTIVE DI RECTOR 

1-19-71 



"TaLe i/q 



184 



Tallahassee, Florida 
January 26, 1971 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the auditorium of the Haydon Burns 
Building in Tallahassee with the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred 0. Dickinson, Jr , 
Thomas D. O'Malley 
Floyd T. Christian 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Education 



Fred Vidzes 



Interim Executive Director 



The Trustees approved the minutes of January 12, 1971, and approved 
correction of the minutes of December 8, 1970, consisting of 
deletion of "with the understanding that bulkhead lines would be 
established and the proper applications made for dredge and fill 
permits" from the Collier County-Park Shore settlement minutes 
and inserting that quoted portion in the Collier County-Florida 
Vanderbilt Corporation minutes. 



BAY COUNTY - Dredge Permit, File No. 253.123-693 
The Grand Lagoon Company, Panama City, Florida, applied for 
a permit to dredge two navigation channels, perform maintenance 
dredging in an existing channel, and dredge a boat basin 20 
ft. wide, 1,250 ft. long, 5 ft. deep, in Sections 10 and 15, 
Township 4 South, Range 15 West, in Grand Lagoon, Bay County. 
The applicant tendered $50 processing fee and payment for 48,600 
cubic yards of material to be removed and placed on upland pro- 
perty. 

A marina license would be applied for at a later date for approxi- 
mately 4.38 acres for an annual fee of about $4,207. 

The project had been modified to diminish adverse effects on 
marine life. The biological report for the revised application 
indicated scattered growths of turtle grass and some Cuban 
shoalweed in the basin and channel areas, and while the new loca- 
tion of the boat basin contained less vegetation it still would 
not be in the best interests of marine conservation. The Trustees' 
staff recommended approval of the dredge permit. 

Governor Askew suggested that the boat basin be located on up- 
land property of the applicant. Mr. Shevin objected to that part 
of the application as the biological report was adverse as to 
the boat basin. 

Senator Dempsey J. Barron said that digging into the bank to 
create the basin could create an erosion problem, impair the 
aesthetic plan, and cause additional expense and delay of a pro- 
ject on which the applicant had tried to comply with every request 
of the government. 

He said the area was explicity excluded from the aquatic preserve 
and the project was completely endorsed by all local governing 
bodies and other local groups. He filed a number of resolutions 
in favor of the application with the Trustees. 

Treasurer O'Malley had obtained information from many in Bay 

County and found unanimous endorsement of the application. He 

made a motion that the dredge permit be approved with the 

additional requirement that the applicant post the necessary security 

bond to guarantee payment for the fill material at the rate to be 



1-26-71 



185 

established. Mr. Dickinson seconded the motion. 

At the Governor's suggestion, a vote was taken only on adoption 
of the surety bond requirement. Without objection, on motion 
by Mr. O'Malley, seconded by Mr. Dickinson, the Board adopted that 
requirement . 

Attorney General Shevin recommended amendment of the dredge permit 
by inserting the provision that the boat basin must be on the 
owner's upland pursuant to the recommendation of the Department 
of Natural Resources. Mr. Christian seconded that amendment. 

Mr. Stone suggested deferment for obtaining further information and 
recommendations with respect to the possibility of erosion and a 
stagnant pocket being caused by digging the basin into the upland. 
He read a letter from Mr. John Robert Middlemas stating that" the 
project was well-planned in close cooperation with the staff 
recommendations, and the proposed marina area was not as valuable 
as typical shallow submerged flats because of previous extensive 
dredging. 

The Governor was concerned but also recognized that each case 
should be decided on its merits, and wanted to be sure that 
erosion and stagnant pocket problems would not be created. He 
felt it would be helpful in the future to have a rule requiring use 
of the upland for marinas. 

Previous motion for approval of the dredge permit was withdrawn 
and the Treasurer's motion for two weeks' deferment was adopted. 



The Following action was taken by the Cabinet as the Department of 
General Services, and then as the Board of Trustees of the Internal 
Improvement Trust Fund: 

TRUSTEES' FUNDS . Without objection the rules were waived, and the 
Comptroller made a motion, seconded by the Secretary of State and 
adopted without objection, that for the purpose of necessary repairs 
to the Capitol building, an amount not to exceed $10 0,000 be 
borrowed from Internal Improvement Trust Funds as an exception 
to the policy adopted by the Trustees on June 30, 1970, that 
limited the use of such funds. Mr. Dickinson said repayment could 
be made at the proper time and the Trustees' fund was the most 
prudent and accessible source from which to borrow. Mr. Shevin 
commented that repayment would have to be a direct appropriation 
by the Legislature, which Mr. Stone said should not be difficult as 
it was for maintenance of the capitol building used by the Legislature, 



Mr. Christian had to leave the meeting to attend the Florida 
Teacher of the Year Luncheon. 



BREVARD COUNTY - City of Titusville, Dredge Permit 253.123-694 

and Fill Permit 253.124-155 
Dr. Kenneth L. Sagrans applied for approval of a dredge and fill 
permit issued by the City of Titusville on February 16, 1970, to 
fill a 0.37 acre parcel of submerged land in the Indian River 
conveyed by the Trustees by Deed No. 19253. Consideration was 
scheduled for this date at the time of deferral prior to the January 
12 meeting. 

The applicant proposed to dredge 4,000 cubic yards of fill material 
from a borrow area in the Indian River below the one fathom contour 
in accordance with recommendations of the biologist, whose report 
was adverse although it recognized that a reduction of 6 6% in the 
fill area had been made as a result of staff effort. Applicant 
submitted $50 dredge application fee and $400 for the fill material, 
and the staff recommended approval. The dredge area was 1,6 00 ft. 
offshore at depths below the sunlight penetration, and would have 
limited adverse effect on marine biological resources. 



1-26-71 



186 



It was explained that the applicant had difficulty arranging his 
schedule and although there was a moratorium on dredge and fill 
applications, he would be heard. The Director said the area to 
be filled was on the Indian River waterfront in Titusville sold 
a number of years ago, landward of the established bulkhead line. 

Dr. and Mr. Sagrans spoke at length of the plan, delays and post- 
ponements, changes in policies and regulations, modifications of 
their application, expense and frustrations leading up to this 
appearance at the cabinet meeting three years after purchase of the 
property. In view of these things, Dr. Sagrans thought his applica- 
tion should be considered as an emergency and seme action taken. 

The Governor expressed understanding of the situation but pointed 
out that four of the Trustees only recently became members of the 
Board. The Director explained that approval was recommended 
provided the applicant furnished a security bond in the amount of 
the difference in price of material, since the committee was now 
working to determine fill material values for adoption by the Board, 
Mr. Shevin recommended $1 per cubic yard as the surety bond basis. 

Motion was made by Mr. Dickinson, seconded by Mr. O'Malley, and 
adopted on a vote of three to two, with the Governor voting in 
favor and Messrs. Shevin and Stone voting "Nay", that the applica- 
tion be approved subject to Dr. Sagrans providing a sufficient 
security bond to cover the increased cost of fill material, the 
cost of material to be determined by the Board after receipt of the 
report from the technical fill material committee. 



HENDRY COUNTY - Oil and Gas Lease Assignment 

The staff recommended approval of assignment of an undivided 

11.258725% interest in Oil and Gas Lease No. 2443 dated June 16, 

1970, covering the reserved one-half interest of the Board of Trustees 

in the E 1/2 of Section 11, W 1/2 and NE 1/4 of Section 23, Township 

46 South, Range 32 East, from Exchange Oil and Gas Corporation to 

the South Coast Corporation, both Delaware corporations. Instrument 

of assignment was approved by the staff legal counsel as to form 

and legality. 

On motion by Mr. O'Malley, seconded by Mr. Stone, and adopted with- 
out objection, the Board approved the assignment. 



HENDRY COUNTY - Oil and Gas Lease Assignment 

Staff recommended approval of assignment of an undivided 11.258725i 
interest in Oil and Gas Lease No. 2441-S dated June 16, 1970, 
covering the reserved one-half interest of the Board of Education 
in Section 16, Township 46 South, Range 33 East, from Exchange Oil 
and Gas Corporation to the South Coast Corporation, both Delaware 
corporations. Instrument of assignment was approved by staff 
legal counsel as to form and legality. 

On motion by Mr. O'Malley, seconded by Mr. Stone and adopted with- 
out objection, the Board approved the assignment. 



BAY COUNTY - Bulkhead Line, Section 253.122 Florida Statutes 
The Board of County Commissioners of Bay County by resolution 
adopted June 16, 1970, established a bulkhead line 16,870 feet long 
in Grand Lagoon and St. Andrews Bay in Sections 10, 11, 14 and 15, 
Township 4 South, Range 15 West, Bay County. The biological report 
was adverse. 

The staff recommended denial. The staff further recommended that 
the applicant work with the staff of the Trustees and Department of 
Natural Resources to revise the proposed bulkhead line in such a 
manner as to preserve the integrity of the marsh area. 



1-26-71 



187 

On motion by Mr. Stone, seconded by Mr. Dickinson and adopted without 
objection, the staff recommendations were accepted as the action of 
the Board. The applicant had agreed to abide by the staff recom- 
mendations . 



BAY COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
The Board of County Commissioners of Bay County by Resolution No. 
508-A established a bulkhead line 3,264 feet along the southerly 
bank of Grand Lagoon in Section 16, Township 4 South, Range 15 West, 
Bay County, following the line of mean high water. The biological 
survey report was not adverse. 

On motion by Mr. O'Malley, seconded by Mr. Dickinson and adopted 
without objection, the Board approved the bulkhead line as established 
by the county. 



VOLUSIA COUNTY - Spoil Area, Section 253.03 F. S. 
The Florida Inland Navigation District requested the Board of 
Trustees to reconfirm a spoil area easement granted to the United 
States Corps of Engineers on December 28, 1938. The original 
easement contained a reverter clause and the Corps of Engineers 
through an error had conveyed the area to the City of New Smyrna 
Beach. The city had quitclaimed its interest in the spoil area. 

On motion by Mr. Stone, seconded by Mr. O'Malley and adopted 
without objection, the Board reconfirmed the spoil area easement 
as requested. 



DADE COUNTY - Campsite Lease Renewals. 

The staff recommended approval of the following two requests for 
renewal of offshore campsite leases in Biscayne Bay, Dade County, 
that both conformed to the policy of April 7, 1970, that allowed a 
lease as long as the structure remained on the site, and the policy 
of October 6, 1970, that established an annual rental of $300 for 
a quarter-acre site: 

1. Campsite Lease No. 2159 held by Frank L. FitzPatrick 

2. Campsite Lease No. 2158 held by Robert R. Bellamy and 
Read S. Ruggles, Jr. 

The Attorney General suggested that renewals be on a year-to-year 
basis. Mr. Vidzes reDlied that that policy was followed, although 
the agenda did not so state. 

On motion by Mr. O'Malley on the first lease, and by Mr. Dickinson 
on the second lease, seconded by Mr. Stone in both cases, and 
adopted without objection, the Trustees approved the requested 
campsite lease renewals. 



SANTA ROSA COUNTY - Marina License, Section 253.03 Florida Statutes. 
The Department of the Navy applied for a marina license for the 
construction of a fishing and mooring facility over 3,600 square feet 
in the Blackwater River abutting Section 35, Township 2 North, 
Range 28 West, Santa Rosa County. 

At the request of the Attorney General, action was deferred. 

Governor Askew requested a biological report from the Game and 
Fresh Water Commission, as the area was in a fresh water river. 



DUVAL COUNTY - Corrective Deed. 

On motion by Mr. O'Malley, seconded by Mr. Dickinson and adopted 
without objection, the Trustees authorized issuance of a corrective 
deed for $25 to correct an error in the legal description of the 
parcel of filled sovereignty land in the St. Johns River in Duval 
County conveyed in Trustees Deed No. 24765 to Denyse Stancell and 
Gerald Sohn (File No. 2098-16-253.12). 

1-26-71 



188 

MONROE COUNTY - Bulkhead Line, Dredge and Fill Permit. 

Florida Keys Aqueduct Authority was the applicant for a bulkhead line 
approved and established by the Board of County Commissioners of 
Monroe County in Resolution No. 60-1970. The line was 1,960 feet 
long at Stock Island in Section 35, Township 67 South, Range 25 East, 
and Section 2, Township 68 South, Range 25 East, Monroe County. The 
Authority planned expansion of an existing desalination plant. The 
County Commission had also granted permits to dredge and fill sub- 
merged land conveyed under Trustees Deed No. 24409. The biological 
report was adverse. 

Motion was made by Mr. Stone, seconded by Mr. Dickinson, that the 
application for bulkhead line, dredge and fill permits be _ approved. 
Mr. Stone said he was in favor of the project and would like to 
discuss it when there was sufficient time. Governor Askew suggested 
deferral, as his staff had some questions regarding the application. 

Without objection, action was deferred. 



DADE COUNTY - Dredge Permit Amendment, File 253.123-218. 
Donarl of Florida, Inc., represented by William J. Roberts, applied 
for amendment of State Dredge Permit No. 253.123-218 to allow 
dredging a channel that was inadvertently omitted from the initial 
application and is required to provide access to a proposed marina. 

At the request of the Attorney General, consideration was deferred 
because it conflicted with the moratorium. 



MARCO ISLAND DEVELOPMENT CORPORATION . 

The staff had placed on the agenda the consideration of boundary line 
agreement and clarification of title questions relating to the Marco 
River dredge and fill permit. 

Mr. Stone made a motion for approval, commenting that it was an 
extension of a permit with 90% of the job already completed. Mr. 
Dickinson also made a motion for approval. 

Mr. Vidzes had reviewed some of the facts in a recent memorandum to 
the Board. The Marco Island Development Corporation's state permit 
would expire on January 31. If the state permit expired, the Corps 
permit would automatically expire although the valid Corps of 
Engineers permit ran to December 31, 1971. Mr. Vidzes briefly 
discussed certain questions that were raised by the previous members 
and staff recommendations to reconcile the matter of land title and 
boundaries . 

Comptroller Dickinson said the staff should be commended for driving 
a hard bargain and securing compliance from the applicants with 
every state requirement. He thought renewal of the permit was in 
order. Mr. Shevin had no objection to renewal of the permit for one 
year but recommended deferment of any additional items regarding 
land title, noting that legal counsel had been employed to render 
an opinion on the title so that it could be determined which was 
state sovereignty land and which land was properly owned by the 
corporation. 

Mr. Shevin proposed a substitute motion to extend the permit, but 
to take no further action at this time with regard to exchange of 
land. 

Governor Askew expressed concern that he and other members were 
newcomers with respect to this matter, that the biological report 
was approximately three years old, that this was not a continuing 
body and he was trying to assert independent judgment. He 
suggested extension of the permit with a provision for review, 
whereupon Mr. Vidzes said that 90-day extension of the existing 
permit might allow sufficient time for review in the light of 
present policies by the present Board of Trustees. 



1-26-71 



189 



In answer to Mr. Shevin's question regarding diligence to complete 
the project, Mr. Jack Peeples , representing Marco Island Develop- 
ment Corporation, pointed out that two years of the state permit 
time had expired before the Corps permit was obtained and con- 
struction begun, and if the state permit was renewed and a current 
biological report indicated that it should be revoked, the permit 
was revokable. 

Mr. Stone made a substitute motion suggested by the Governor that 
was adopted without objection, that the Board grant a 90-dav ex- 
tension of the permit and require an updated biological report 
so that at the end of the temporary extension the members would 
be in a better position to determine whether they would approve 
completion of the work. The Governor recognized some moral com- 
mitment to the previous Board but said the applicant should 
appreciate the members' greater commitment to the public interest. 



RESOLUTION REGARDING EXCHANGES OF STATE SOVEREIGNTY LANDS. 
Attorney General Shevin offered a resolution for adoption as policy 
of the Board that had been recommended at a previous meeting by 
him and Secretary of State Stone, who felt that the legislative 
intent in requiring publication of notice of sales, notices to 
riparian owners, biological reports, was that land disposed of 
by exchanges should be subject to these requirements, also. In 
the event an exchange appeared to involve no ecological values the 
Board might make an exception to the policy. In answer to Mr. Vidzes 
question regarding application of the policy to sovereignty land 
only, Mr. Stone and the Governor said it would apply to any sale 
(or exchange) and to all lands. 

The Governor suggested deferment, as three members were not present. 
Mr. Dickinson agreed that exchanges should require advertising but 
also noted that the absent members might like to discuss the policy. 

Since the resolution would be circulated for execution by all of 
the Board, Mr. Shevin made a motion, seconded by Mr. Dickinson, and 
adopted without objection, that the following resolution be adopted 
as policy henceforth: 

RESOLUTION OF THE TRUSTEES OF THE INTERNAL 
IMPROVEMENT TRUST FUND REGARDING EXCHANGES 
OF STATE SOVEREIGNTY LANDS 

WHEREAS, The Trustees of the Internal Improvement Trust 
Fund are charged with the conservation and protection of all 
lands to which they have title under Chapter 253, Florida 
Statutes; and 

WHEREAS, exchanges of sovereignty lands with private 
owners involve the conveyance or relinquishment by the State 
of title to public properties; and full information concerning 
these properties which would be of interest to the public 
should be in possession of the Trustees before any such 
disposition of said lands; 

NOW THEREFORE BE IT RESOLVED that the policy of the Board 
of Trustees of the Internal Improvement Trust Fund shall 
henceforth be that the conveyance or relinquishment of any 
title, right, claim, or interest in sovereignty lands of 
the State of Florida in connection with an exchange of lands 
with or without some cash consideration, with a private 
owner, shall not be undertaken prior to compliance with the 
publication and notice requirements of Section 253.12 Florida 
Statutes, in the same manner as is presently done prior to 
cash sales of sovereignty lands; 

NOW THERFORE BE IT FURTHER RESOLVED that prior to any 
such conveyance or relinquishment of any title, right, claim 
or interest, pursuant to an exchange of sovereignty lands 
under Section 253.42, Florida Statutes, the biological 
reports required by Section 253.12, Florida Statutes, shall 
be obtained and the conservation findings required by the 
said section shall be made in the same manner as is presently 
done prior to cash sales of sovereignty lands. 



1-26-71 



190 



IN WITNESS WHEREOF, we set our hands and seals this 
26th day of January, 1971. 

REUBIN O'D. ASKEW 
Governor 

RICHARD (DICK) STONE 
Secretary of State 

ROBERT L. SHEVIN 
Attorney General 

FRED 0. DICKINSON, JR. 
Comptroller 

THOMAS D. O'MALLEY 
Treasurer 

FLOYD T. CHRISTIAN 
Commissioner of Education 

DOYLE CONNER 

Commissioner of Agriculture 



AQUATIC PRESERVES - Presentation of the Interagency Advisory 
Committee report on aquatic preserves was postponed, as Mr. 
Randolph '.Hodges , Chairman of the Committee, and several of the 
Trustees were not present. 

A delegation was present from St. Lucie County, including 
Mr. E. E. Green, Chairman of the County Commissioners, Mr. Weldon 
B. Lewis, County Administrator, and Mr. George D. Price, Commis- 
sioner. The request of the County Commissioners, supported also 
by the City Commission of Ft. Pierce, the Chamber of Commerce, 
various property owners ' associations and the various drainage 
districts within the community, was presented by Mr. Lewis. 
They requested that the aquatic preserve be limited to the original 
reach proposed that was limited on the north by White City 
Road, rather than extending further north. Secondly, they 
requested that the resolution creating the aquatic preserve 
include provisions for hydraulic improvements for entrance 
channels for water control purposes and provisions for maintenance 
of the river bottom to prevent shoal build-up, to assure free 
passage of storm water drainage. Since the delegation was present 
for the scheduled aquatic preserves matter deferred by the 
Board. Mr. Lewis asked whether they should be present again 
next week or whether today's presentation would suffice. 

The Governor thanked Mr. Lewis for the information he presented 
and expressed appreciation for his understanding the necessity 
of postponing action. 



PALM BEACH COUNTY - Quitclaim Deed, Section 253.12(6) F. S., 
File No. 2383-50-253.12(6) 

The Board deferred for two weeks consideration of the request 
from William E. Benjamin II, represented by Raymond Royce, for 
a quitclaim deed to filled sovereignty land in Lake Worth in 
Palm Beach County. 



ffALM BEACH COUNTY - Land Sale, File No. 2372-50-253.12 

The Board also deferred consideration of confirmation of sale 

of four parcels of sovereignty land in Lake Worth abutting filled 

sovereignty land in Section 10, Township 45 South, Range 43 East, 

Palm Beach County, applied for by William E. Benjamin II, 

represented by Raymond Royce. 



SUBJECTS UNDER CHAPTER 18296 

On motion by Mr. Dickinson, seconded by Mr. Stone and adopted 
without objection, the Board approved Report No. 978 and 
execution of deeds pertaining to the following: 



1-26-71 



191 



Sale of a parcel of land in Columbia County under 
provisions of Section 197.350 Florida Statutes, to Bertha 
P. Monroe Williams for the high bid of $50. The 0.3 
acre parcel in Section 33 , Township 6 South, Range 16 
East, was certified to the State of Florida under tax 
sale certificate No. 2549 of September 4, 1933 

County of Dade Deed No. 9 74-Corrective to Catherine A. 
Drislane, et al , to be issued in lieu of a deed dated 
February 24, 1941, for the purpose of correcting the name 
of the grantee in the Murphy Act deed. 



On motion duly adopted, the meeting was adjourned. 



ATTEST 



r^ujp/oj. 




CHAIRMAN 



INTERIM EXECUTIVE? DIRECTOR 



:VE?DIRECT 



* * * 



* * * 



* * * 



Tallahassee, Florida 
February 2, 1971 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the auditorium of the Haydon Burns 
Building with the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Fred 0. Dickinson, Jr, 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Fred Vidzes 



Interim Executive Director 



The minutes of the meeting of January 19, 1971, were approved as 
submitted. 



TRUSTEES' FUNDS - The Board discussed the action taken last week 
to lend an amount not to exceed $100,000 of Internal Improvement 
Trust funds to be used for necessary repairs to the capitol building. 

Governor Askew emphasized that the Board was not waiving the policy 
adopted on June 30, 1970, " that funds accruing to the Internal 
Improvement Trust Fund may be used only for internal improvement of 
state-owned lands, or the purchase of needed lands, or the improve- 
ment, 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." The Governor said the loan was an exception to 
presently existing policy and the cabinet would make every effort 
to have the Legislature appropriate money to repay the Internal 
Improvement Fund. 



2-2-71 



192 



Mr. Dickinson agreed that the rule was not being waived but that 
an exception was being made for this one purpose, that if repairs 
are not now made much more expense would be incurred than the 
amount of interest that might be lost in liquidating some of the 
Trustees' present investments, and the Trustees were able to make 
this expenditure. He said he would inform members of the Legislature 
what was done and why the exception was made. Mr. Christian added 
that the neglect of repairs to the capitol building had been going 
on for a long time. 

Mr. Kenneth Ireland, Secretary of the Department of Administration, 
indicated that the Trustees' action was in keeping with action 
by the Legislature last year in making an appropriation for repairs 
and renovations from this fund. 

On motion by Mr. Dickinson, seconded by Mr. Stone and adopted 
without objection, the Trustees reaffirmed last week's action 
as an exception to the present policy limiting the use of Trustees' 
funds, and authorized the Department of General Services to pro- 
ceed . 



GULF COUNTY - Bulkhead Line, Section 253.122 Florida Statutes 
On motion by Mr. Christian, seconded by Mr. Stone and adopted with- 
out objection, the Board considered a matter deferred for further 
study on January 19 and approved the bulkhead line established by 
the Board of County Commissioners of Gulf County by resolution adopted 
on September 30, 1970, and by the City Commission of Port St. Joe 
by Resolution No. 422 adopted October 6, 1970, located along the 
easterly bank of St. Joseph Bay, 3,836 feet long in Section 35, 
Township 7 South, Range 11 West, in Gulf County. The biological 
report was not adverse. 



DUVAL COUNTY - Bulkhead Line, Section 253.122 Florida Statutes 

On motion by Mr. Conner, seconded by Mr. Christian and adopted 
without objection, the Board approved the bulkhead line established 
by the City Council of the City of Jacksonville by Ordinance No. 70- 
1105-565 adopted December 22, 1970, located at the United States 
Coast Guard Base, Mayport, 663.30 feet long on the St. Johns River 
abutting unsurveyed Section 30, Township 1 South, Range 29 East, 
Duval County. The biological report was partially adverse. The 
area was needed to support rescue service facilities. 



DUVAL COUNTY - Dedication, File No. 2387-16-253.03 
On motion by Mr. Conner, seconded by Mr. Christian and adopted 
without objection, the Board of Trustees authorized issuance of 
a dedication to the United States Coast Guard covering a 0.25 acre 
parcel of sovereignty land in the St. Johns River abutting unsur- 
veyed Section 30, Township 1 South, Range 29 East, City of 
Jacksonville, Duval County, landward of the bulkhead line approved 
by the Trustees on this date. 

The parcel was needed for expansion of the Coast Guard facilities 
at Mayport. Governor Askew noted that the biological report was 
adverse as to part of the proposed fill area, but the application 
was for a public necessity. 



ST. LUCIE COUNTY - Advertise Land Exchange 

On January 19 the Board deferred action on the application from 

the Lucie Properties, Inc., represented by Frank Fee, for a boundary 

line agreement and land exchange affecting land in and abutting 

Government Lots 1 and 2, Section 22, and Government Lot 2 in Section 

23, Township 34 South, Range 40 East, St. Lucie County. 

On January 26 a resolution offered by the Attorney General was 
adopted by the Board, that required compliance with the publica- 
tion and notice requirements of Section 253.12 Florida Statutes, in 
the same manner as is presently done prior to cash sales of sov- 
ereignty land, prior to any conveyance such as would be effected 
in the land exchange proposed by Lucie Properties. The staff 
requested authority to advertise the land exchange. In order to 



2-2-71 



193 



block up the applicant's holdings and eliminate any interest in 
contiguous swamp and sovereignty lands, the applicant desired 
to exchange four parcels containing 46.4 acres including open 
water areas, for three parcels containing 52.4 acres. The 
boundary line would be the metes and bounds traverse of the out- 
side toe of the existing mosquito control dike that encompasses 
the entire tract. The lands had been appraised and a basis for 
exchange recommended by the staff. 

On motion by Mr. O'Malley, seconded by Mr. Christian and adopted 
without objection, the Board authorized advertisement of the 
land exchange . 



MONROE COUNTY - Application to Purchase, File 2122-44-253.12 
J. A. Sansone of Miami, Florida, had submitted an application 
dated May 10, 1968, with application fee of $75, for purchase 
of a parcel of sovereignty land embracing 1.4 acres in Bogie 
Channel, Big Pine Key, Monroe County. The applicant requested 
that the application be withdrawn. 

The staff recommended that the file be deactivated and application 
fee refunded, as the fee was paid prior to adoption of the policy 
making such fee non-refundable. 

On motion by Mr. Stone, seconded by Mr. Christian and adopted with- 
out objection, the Board accepted the staff recommendation. 



DADE COUNTY - Corrective Deed 

On motion by Mr. Stone, seconded by Mr. O'Malley and adopted with- 
out objection, the Board authorized issuance of a deed to correct 
an error in Deed No. 21159-A-Corrective dated August 6, 1970. 
Although the deed was executed by all members of the Board, the 
testimonial clause erroneously recited that the legally designated 
agent of the Board signed the deed. 



JADE COUNTY - Campsite Lease Renewal 

Joseph A. Caldwell and Thomas A. Wills, holder of Campsite Lease 
No. 2157 in Biscayne Bay, Dade County, requested renewal for one 
year with option to renew on a year-to-year basis for four additional 
years at an annual rental of $30 0. The request conformed to the 
Trustees' policies of April 7 and October 6, 1970. 

On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the Trustees approved one-year renewal of the 
campsite lease. 



SANTA ROSA COUNTY - Advertise Oil and Gas Lease 
On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the Board authorized advertisement for sealed 
bids for a five-year oil and gas drilling lease of the reserved 
one-half interest of the State of Florida in the petroleum and 
petroleum products in all of Lot 2, Section 12, Township 5 North, 
Range 30 West, less the South 22 1/2 chains, containing 56.235 
surface acres, more or less (28.117 net mineral acres), under the 
following terms and conditions: annual rental of $1 per net mineral 
acre, $50, 00 surety bond, one-sixth royalty, and at least one test 
well every two and one-half years of the lease. The State Geologist 
concurred in the staff recommendation to advertise for lease bids. 



HENDRY COUNTY - Assign Oil and Gas Lease 

On notion by Mr . Christian, seconded by Mr. O'Malley and adopted 
without objection, the Board approved an assignment from Mobil Oil 
Corporation, holder of Oil and Gas Drilling Lease No. 2442-S dated 
June 16, 1970, of an undivided one-half interest of this lease to 
Phillips Petroleum Company. The staff legal counsel approved the 
assignment as to form and legality. 



2-2-71 



194 



MANATEE COUNTY - Dredge Permit for Utility Installation 

Section 253 . 123 (2 ) (b) , File 700 
The Town of Longboat Key requested a dredge permit authorizing 
the placement of a sixteen-inch water main in Longboat Pass in 
Section 15, Township 25 South, Range 16 East, Manatee County, 
and asked for waiver of the $100 processing fee. The biological 
report was not adverse. 

Mr. Vidzes said that ordinarily the permits for utilities were 
issued by the staff under authority given by the Trustees , but 
in this case the town requested waiver of the usual fee. 

On motion by Mr. O'Malley, seconded by Mr. Conner and adopted 
without objection, the Board approved the request of the Town of 
Longboat Key for a permit without charge. 



PASCO COUNTY - Artificial Reef Permit No. 2002 
The New Port Richey Jaycees applied for a permit to complete 
construction of an artificial reef in the Gulf of Mexico, South 
9° 05' East a distance of 48.00 feet from Anclote Light. Appli- 
cant tendered $50 processing fee. The Department of Natural Re- 
sources recommended that the permit be granted. 

On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the Board approved the application. 



DADE COUNTY - Artificial Reef Permit 

Miami Sportfishing Club applied for a permit for three artificial 
reefs adjacent to Hawk Channel, (1) Reef A at 25° 25' 21" North 
Latitude and 80° 06' 45" West Longitude, (2) Reef B at 25° 31' 
41" North Latitude and 80° 05' 16" West Longitude, and (3) Reef C 
at 25° 33' 42" North Latitude and 80° 05' 02" West Longitude. 
$50 fee was tendered. 

The Department of Natural Resources made certain recommendations 
as buoyancy might be a problem in placement of reef materials at 
the water depths indicated. 

Motion was made by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, that the reef permit be approved subject to the 
applicant drilling air holes to reduce the buoyancy of the tires 
to the satisfaction of the Department of Natural Resources. 



DADE COUNTY - Dedication, File No. 2364-13-253.03 
The City of Miami by Resolution No. 21564 adopted May 13, 19 70, 
requested dedication of a parcel "of sovereignty land embracing 
0.092 acre abutting Section 39, Township 54 South, Range 41 East, 
in Biscayne Bay, Dade County, in the City of Miami, for construc- 
tion of a seawall and filling the parcel that is landward of the 
established bulkhead line as confirmed by Interagency Advisory Com- 
mittee. The parcel was at the terminus of Southeast 15th Road 
abutting a parcel recently conveyed by the Trustees and the city 
expected the owners of the adjacent land to bulkhead and fill the 
parcel, making a smooth shoreline in this area of Biscayne Bav. The 
staff had not received an application for a fill permit from the 
abutting owner. 

On August 25 the Board authorized advertisement of the parcel and 
notice of the proposed dedication was published in the Miami Herald 
on four consecutive weeks showing December 29 as the date for the 
Board's consideration. No objections were received. On January 12, 
1970, the first meeting after the cancelled meeting of December 29, 
the Board deferred consideration of the application pending receipt 
of a current biological report. 

Secretary of State Stone suggested deferment pending checking by the 
staff of additional projects and developments in that general area. 
The Governor agreed that problems might be created if other projects 
were not taken into consideration. 



2-2-71 



195 



Without objection, the matter was deferred at the request of the 
Secretary of State. 



DADE COUNTY - Emergency Dredge and Fill Permit, 

Sections 253.123 and 253.124(8), Chapter 70-333 
The City of Miami Beach requested approval of an emergency permit 
to dredge 3,0 00 cubic yards of material from Biscayne Bay to fill 
approximately 0.35 acre, more or less, Dade County. The area was 
purchased from the state in 1919 under Deed 16801, was filled, and 
has eroded in such a way that Flagler Memorial Monument was being 
undermined. 

Under provisions of Section 253.124(8), land lost through avulsion 
or artificially induced erosion can be reclaimed without establishing 
a bulkhead line, and the city was in the process of fixing a bulkhead 
line. The biological report was not adverse to dredging but stated 
that filling will eliminate a vegetated and productive small area 
of bay bottom. 

On motion by Mr. Stone, seconded by Mr. Conner and adopted without 
objection, the Board approved the emergency dredge and fill permit. 



MONROE COUNTY - Dredge Permit, File 253.03-158 

Chester F. Tingler, represented by Robert S. Appleton, was present 
in connection with review of a permit previously issued to dredge 
109,700 cubic yards of material from submerged land owned by the 
applicant and 560 cubic yards from state-owned land in Hawk Channel 
adjacent to Boot Key in Monroe County. 

Mr. Stone requested deferment for two weeks and the Governor sug- 
gested the possibility of a new beginning on this permit. The 
Board agreed to receive any information the parties present might 
offer but made it clear that it was not the intention of the Trustees 
to take final action on this date. 

Mr. Appleton said the application filed in 1968 and argued through 
1969 was issued in 1970 after the Board's requirements apparently 
were satisfied, the Corps of Engineers permit was issued and Mr. 
Tingler started with the fill operation on land he had purchased 
from the state fourteen years ago. He was removing fill material 
from land he purchased from the state and depositing it on his own 
property and did not think there was any problem. The Governor 
mentioned the state's position that it had jurisdiction over the 
water column, and Mr. Stone asked the applicant to furnish his 
office information. Mr. Appleton advised that after complete in- 
vestigation the Board had issued the permit. 

Governor Askew pointed out that four members of the Board were new, 
they wanted to be sure what was in the best public interest, and he 
felt that there were some property rights to be considered as this 
was in a different category from taking of fill from sovereign lands. 

At the request of the Secretary of State, the Trustees deferred 
further consideration. 



MONROE COUNTY - Dredge Permit No. 253.03-154 

On December 29, 1969, a dredge permit was issued to Fred Henning 
to excavate 205,000 cubic yards, to be paid for at the rate of 15C 
per cubic yard due on the 10th of each month for material removed 
for the preceding month. The applicant had failed to remit payments 
within the time provided, required continuous reminders of payments 
due, and the staff had placed a recommendation on the agenda that 
the permit be suspended until the applicant could provide assurance 
that the payments would be made on time . 

Mr. Vidzes requested withdrawal of that recommendation, as the 
applicant's representative by letter with check enclosed to be 
placed in escrow, had made provision to insure payments on time. 



2-2-71 



196 



No action was required at this time and Mr. Vidzes recommended 
that the applicant be allowed to continue to operate. 

It was so ordered. 



DUVAL COUNTY - Temporary Spoil Easement 

The Jacksonville Port Authority requested an alternate spoil area 

adjacent to the St. Johns River in Township 1 South, Range 27 East, 

embracing 150 acres, more or less. The spoil area granted for 

Area CSA-10A on January 14, 1969, on which the biological report was 

adverse, would br reconveyed to the Trustees. A biological report 

dated January 13, 1971, indicated that less damage would be 

caused if the requested alternate area is used. 

The Trustees deferred action for two weeks at the request of 
Mr. Stone, who had asked some conservation organizations in the 
Jacksonville area if they could suggest an alternate site on 
which to deposit the spoil material. 



RECLAIMED LAKE BOTTOM LAND - Governor Askew requested deferment 
of consideration of a policy with regard to sale of reclaimed lake 
bottom land, which was very technical, until a time when the 
Attorney General was present at the meeting. He added that the 
Corps of Engineers had suggested careful study because land around 
a lake, Lake Okeechobee in particular, served an important purpose 
of filtering adverse particles from water draining into the lake. 
That was one of the problems in Lake Apopka. 

Without objection, the Trustees deferred consideration of a 
policy. . 



AQUATIC PRESERVES - The report of the Interagency Advisory Com- 
mittee was presented by Mr. Vidzes, a member of that committee, 
on behalf of Senator Randolph Hodges, the chairman. He reviewed 
the creation of the committee and selection of five additional 
areas considered appropriate for aquatic preserves, with particular 
attention to the preserve in St. Lucie and Martin Counties described 
as North Fork St. Lucie River in Townships 36 and 37 South, Range 
40 East. Public hearings had been held on all five proposed 
preserves, and because of testimony introduced at the hearing on 
North Fort St. Lucie River that had as its north boundary the White 
City Road, the committee decided to move the north boundary about 
2 1/2 miles northerly to Selvitz Road. However, that northerly 
extension had not been advertised and objections were received from 
the Board of County Commissioners of St. Lucie County, the North 
St. Lucie Drainage District, the City of Fort Pierce, and others con- 
cerned with the drainage works both proposed and existing in that 
area. Also, the committee had postponed making a recommendation on 
the Ochlockonee Bay Preserve area in Wakulla and Franklin Counties 
because of many local objections. 

Governor Askew suggested a hearing on the northerly extension of 
North Fork St. Lucie River Preserve, noting that the committee was 
asked to stay in existence for another 90 days to clear up the 
Ochlockonee Bay recommendation. 

Mr. Vidzes said the technical advisory committee considered recom- 
mending the extension of the boundaries to Selvitz Road but, however, 
providing in the resolution that due consideration be given for the 
unique drainage situation. The Governor said the Board could take 
action on that portion that was originally recommended, up to White 
City Road. The spokesmen present to oppose the further extension 
were noted, but it was suggested that they make their presentation 
at the local public hearing on the northerly extension. 

Mr. Weldon Lewis, St. Lucie County Administrator, Countv Commissioners 
George Price and Ed Green, and Agriculture Agent Hugh Welch were 
present. Mr. Stone expressed concern that proper provisions be 
made to insure that improper effluent won't affect the aquatic 
preserve area, which might recmire the inclusion of the area 
northerly to Selvitz Road. 



2-2-71 



197 

Mr. Vidzes advised the Board that the General Development Corporation, 
major land owner on both sides of the river and islands, concurred 
in the concept of creating aquatic preserves but also was concerned 
with the drainage problems and indicated willingness to work with 
the state in developing a plan by utilizing some of their own land. 
The five areas proposed as aquatic preserves were as follows: 

1. North Fork St. Lucie River, St. Lucie and Martin Counties 

2. Cockroach Bay, a part of Tampa Bay, in Township 32 South, 
Range 18 East, in Hillsborough County 

3. Waccasassa Bay near Cedar Key in Levy County, in Townships 
15-17 Soutn, Ranges 14-15 East 

4. (a) Cupon Bight at Big Pine Key, Township 66 South, Range 29 
East, Monroe County. (b) Lignumvitae Key, Shell and Indian 
Keys, Township 63-64 South, Ranges 36-37 East, Monroe County 

5. Ochlockonee Bay in Franklin and Wakulla Counties 

On motion by Mr. Stone, seconded by Mr. O'Malley, and adopted without 
objection, the Trustees approved area number one as originally 
proposed up to White City Road, deferring the northerly extension. 

On motion by Mr. Stone, seconded by Mr. O'Malley and adopted, the 
Trustees approved area number two, Cockroach Bay Aquatic Preserve. 
The Director called attention to the fact that through several 
legislative acts the lands in Tampa Bay were vested in the Tampa 
Bay Port Authority. The managing director of the Authority had 
indicated concurrence and would forward a resolution committing 
Cockroach Bay to the aquatic preserve. The Trustees owned no land 
there but would take careful look at all dredge and fill applications 
in that area designated as a preserve. In answer to the Governor's 
question, Mr. Vidzes said the committee might not have known the 
extent of Tampa Port Authority ownership in that area. Objections 
were filed to the establishment of the preserve by upland owners. 

The third area, Waccasassa Bay Aquatic Preserve, was approved on 
motion by Mr. O'Malley, seconded by Mr. Dickinson, and adopted 
without objection. Areas 4(a) and 4(b) were approved as an 
aquatic preserve on motion made by Mr. O'Malley, seconded by Mr. 
Dickinson, and adopted without objection. 

Mr. Vidzes recommended deferment of the fifth area, Ochlockonee Bay, 
and that a select committee be appointed to study it further. The 
Governor said that the motion by Mr. O'Malley, seconded by Messrs. 
Stone and Dickinson, for 90-day deferment extended the life of the 
committee that would consider the Ochlockonee Bay area further and 
hold a hearing on one portion of the North Fork St. Lucie River area. 



TRUSTEES' FUNDS - Appraiser's Assistant, Special Legal Counsel, 

Cooperative Agreement on Shoreline Mapping. 
On motion by Mr. Stone, seconded by Mr. O'Malley and adopted without 
objection, the Board authorized use of Internal Improvement Trust 
Funds for the following: 

1. Employment of an assistant for the staff appraiser for the 
month of February to gather preliminary appraisal data such 
as property titles, legal descriptions and comparative sales, 
which greatly increases the production of the appraiser and 
helps insure timely appraisal reports. February will be the 
fourth month this assistance has been used on a temporary 
basis during this fiscal year. 

Governor Askew suggested employment of a full-time assistant. 

2. Retain Mr. J. Kenneth Ballinger as special legal counsel for 
another 90-day period beginning January 8, 1971, for which 
funds are available in the current operating budget. Mr. 
Ballinger had done legal work on Trustees' matters for many 
years and was working on several incomplete cases. Recently 
authorized in-house counsel positions had not been filled due 
to lack of suitable space, but it was anticipated that the 
authorized positions would be filled to handle all Trustees' 
matters by the end of -the 90-day period. 

2-2-71 



198 



Continue the cooperative agreement dated April 18, 1969, for 
the shoreline mapping program. The agreement provides for a 
$125,000 yearly contribution by the Trustees to the United 
States Coast and Geodetic Survey to be matched by federal 
funds. The 1970-71 budget request scheduled this item for 
payment from the Department of Natural Resources (General 
Revenue) , but since the Legislature appropriated the continu- 
ation of the program from the Trustees, the staff requested 
authority to make the $125,000 transfer to United Coast 
and Geodetic Survey. 



FI LL MATERIAL COMMITTEE - On motion by Mr. O'Malley, seconded by 
Mr. Stone, and adopted without objection, the Board appointed 
Mr. Loring Lovell, Executive Director of Conservation 70s, to 
the Technical Advisory Committee on Fill that was appointed on 
September 15, 1970, and payment of travel and per diem was 
authorized. 



SUBJECTS UNDER CHAPTER 18296 

MURPHY ACT REPORT NO. 97 9 . The staff requested approval of 
Report No. 979 and execution of deed for sale of a parcel of 
Murphy Act land in Bay County under provisions of Section 197.350 
Florida Statutes, to James R. Meyers for the high bid of $320. 
The parcel, certified to the State of Florida under tax sale 
certificates 276 for 1930 taxes, and 277 of August 1, 1932, was 
described as Lot 16, Block 45, Calloway Plat, Section 18, Town- 
ship 4 South, Range 13 West, Bay County. 

On motion by Mr. Conner, seconded by Mr. Christian and adopted 
without objection, the Board approved the Murphy Act sale and 
authorized execution of deed pertaining thereto. 



On motion duly adopted, the meeting was adjourned. 

/ 




GOVER 
INTERIM EXECUTIVE D: 



GOVERNOR CHAIRMAN 

ATTEST 



1IRECTOR 
*** is *** *** 



Tallahassee, Florida 
February 16, 1971 

The State of Florida Board of Trustees of the Internal Improve- 
ment Trust Fund met on this date in the Auditorium of the Haydon 
Burns Building, with the following members present: 

Reubin O'D. Askew Governor 

Richard (Dick) Stone Secretary of State 

Robert L. Shevin Attorney General 

Fred O. Dickinson, Jr. Comptroller 

Thomas D. O'Malley Treasurer (Present part time) 

Floyd T. Christian Commissioner of Education 



Fred Vidzes Interim Executive Director 



DUVAL COUNTY - Temporary Spoil Easement. The Jacksonville Port 
Authority request for an alternate spoil area adjacent to the St. 
Johns River in Township 1 South, Range 27 East, embracing 150 
acres, more or less, was deferred on February 2 at the request of 
the Secretary of State for contacting conservation groups for 
suggestions for a spoil area that might be less damaging to 
biological resources. 

2-16-71 



199 



Mr. Vidzes said the staff recommendation in favor of the alternate 
spoil area still stands, that the biological report indicated it 
would be less damaging than the spoil area already authorized for 
use by the Corps of Engineers, and the Corps through the Jacksonville 
Port Authority had agreed to reconvey the Hannah Mills marsh area to 
the state. 

Mr. O'Malley moved denial, stating that he would like to have addi- 
tional information on the alternate site. Mr. Christian made a 
motion to approve the staff recommendation that died for lack of a 
second. 

Mr. O'Malley pointed out adverse effects on the Back River area 
mentioned in the biological report and asked if there weren't other 
alternatives. It was brought out in the discussion that the area 
had been carefully reviewed by the staff and Mr. Woodburn, that a 
place for deposit of the spoil from the maintenance project had to 
be found, and that an area already designated could be used but the 
alternate site would cause less biological damage. 

Mr. Stone had been advised by Mrs. Paul L. Bird (Southeastern 
Environmental Council representative) that the alternate site is 
better and she recommended that he vote for it; but Mr. W. Curtis 
Lovelace recommended seven other alternate sites that Mr. Stone 
thought should be evaluated. He requested deferral for one week. 
The Direc tor indicated that Mr. Woodburn was so thoroughly familiar 
with the area that one week might be sufficient for review of the 
seven suggested alternate sites. Mr. Christian withdrew his motion. 

Without objection, action was deferred for another week. 



3AU ::v::7_- - Ire^e Permit, File Nc . 253.122-69:. 

The application from the Grand Lagoon Company for a dredge permit for 
two navigation channels, maintenance dredging, and a boat basin in 
Sections 10 and 15, Township 4 South, Range 15 West, in Grand Lagoon 
in Bay County, was deferred on January 26 and considered further on 
this date. What concerned the Trustees with respect to the boat 
basin had been reconciled, the Governor said, and the position taken 
by the applicant was corroborated by the staff. 

On motion by Mr. Stone, seconded by Messrs. Christian and Dickinson, 
and adopted without objection, the Trustees approved the dredge 
permit to Grand Lagoon Company . 



On motion by Mr. Stone, adopted without objection, the Board 
approved minutes of the meeting of January 26, 1971. 



DUVAL COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
The City Council of Jacksonville by Ordinance No. 69-541 adopted on 
September 4, 1969, established a bulkhead line 5,450 feet long 
along the easterly shore of Mill Cove adjacent to upland in Section 
32, Township 1 South, Range 28 East, in Duval County. 

The biological report was adverse. 

On motion by Mr, Christian, seconded by Mr, Stone and adopted 
without objection, the Board accepted the staff recommendation that 
the bulkhead line be denied and the applicant be requested to work 
with the staff to locate the bulkhead line at the mean high water 
line. 



MONROE COUNTY - Bulkhead Line, Dredge and Fill Permit, 

Sections 253.122, 123, 124 Florida Statutes. 
The Trustees again deferred consideration of an application from 
Florida Key Aqueduct Authority. 



2-16-71 



200 

VOLUSIA COUNTY - Bulkhead Line r Land Exchange, Fill Permit, 
The City Commission of New Smyrna Beach by Ordinance No. 800 adopted 
on June 23, 1970, established a bulkhead line around Yacht Club 
Island in the Indian River in unsurveyed portion of Section 20, 
Township 17 South, Range 34 East, Volusia County. 

Mr. John C. Gross, represented by Mr. Hal McClamma, appeared before 
the Trustees on December 15, 1971, requesting approval of the 
bulkhead line, an application to purchase sovereignty land, and a 
dredge permit. Action was postponed for working out a proposal for 
exchange of submerged land owned by the applicant lying within 
Intracoastal Waterway right of way for a strip of filled sovereignty 
land abutting the applicant's upland. 

On December 22 action was deferred since it had been alleged that 
the applicant had filled submerged land without authorization and 
destroyed mangrove trees adjacent to the island. There had been 
approximately 200 ft. of cord grass skimmed off the submerged land 
at the south 200 feet of the property. In this area the applicant 
will replant destroyed mangroves under supervision of representa- 
tives of the Department of Natural Resources representing a penalty 
for unauthoriz ed encroachment on state-owned sovereignty land. On 
the easterly side of the island, a portion of the dike had been 
pushed on the Intracoastal Waterway right of way. This segment of 
the dike was on upland and at the staff's request that material was 
pushed back onto Mr. Gross' property. Action was again deferred 
on January 19. 

Mr. Vidzes inspected the island and determined that all of the red 
mangroves that had been destroyed were within the applicant's 
property line. Part of the land in the proposed exchange is covered 
with a dense mangrove grpwth and will be preserved if the exchange 
occurs. A proposal was prepared under which the applicant will 
convey a 0.55 acre parcel of submerged land for a 0.51 acre parcel 
of sovereignty land, and in addition he will pay $1,815 for the 
parcel, a value concurred in by the staff appraiser. To prevent 
further destruction of remaining mangroves owned by the applicant, 
an additional land exchange was proposed covering an area of 
approximately 0.08 acre. 

Mr. Shevin said he approved the application, but in his opinion the 
statement on the agenda that these mangroves were in private owner- 
ship and could be harvested was inaccurate. He expressed the view 
that the Board has the same authority under Section 253.03 to protect 
against the cutting of mangroves as against the destruction of 
aquatic plant life by dredging. In response to the Governor's 
question, Mr. Shevin said his opinion would be that the law requires 
five affirmative votes for a land exchange as for a sale. 

The applicant had obtained a permit from the City of New Smyrna 
Beach to fill sovereignty land conveyed by the Trustees, and would 
procure fill material from a dredger under contract to the Corps of 
Engineers engaged in maintenance dredging of the waterway. The 
alternate site, Yacht Club Island, was reviewed by the various 
environmental agencies and all reports concurred in preferring the 
site for spoiling purposes. 

The staff requested the applicant to tender bond for $20,000 which 
had been posted in the Bank of New Smyrna, to secure payment for 
20,000 cubic yards of material. The staff had learned that in 
maintenance dredging of congressionally authorized public navi- 
gation channels, dredging contractors may secure alternate spoil 
areas in private ownership. An agreement is entered into between 
the contractor and private owner to deposit state-owned material 
from the channel onto private lands. A small rebate is given 
to the Corps of Engineers where this situation exists. The 
staff requested authority, which was given, to advise the 
District Engineers of Mobile and Jacksonville Districts that 



2-16-71 



201 

payment for material will be expected from recipients when 
state-owned spoil material from maintenance dredging is given 
to private owners . 

On motion by Mr. Shevin, seconded by Mr. Christian and adopted 
without objection, the Board approved staff recommendations for 
approval of a portion of the bulkhead line, the fill permit, and 
advertisement of the land exchange. 



DIXIE COUNTY - Wilderness Area 

Under the provisions of Chapter 70-355, Acts of 1970, "State 
Wilderness System Act", the Board of Trustees is authorized to 
establish a wilderness area. As the first of such areas, the staff 
recommended that the Pepperfish Keys, containing 127.39 acres of 
swamp lands and 1240.23 acres of sovereignty land encompassing the 
islands, a total of 1367.62 acres in Dixie County, be included in 
the wilderness system under the new state law. 

On motion by Mr. Christian, seconded by Mr. Shevin and adopted 
without objection, the Board authorized advertisement of a public 
hearing on the proposed Pepperfish Keys Wilderness Area. 



BREVARD COUNTY - Land to the State 

The Board of County Commissioners of Brevard County offered to the 
State without cost a tract of 102.47 acres in Section 36, Township 
23 South, Range 35 East, for use by the Division of Corrections for 
a new correctional institution. A title insurance binder was fur- 
nished by the county, evidencing clear title to the property that 
was one mile west of U. S. 1 and three miles north of Cocoa. The 
Department of Health and Rehabilitative Services recommended 
acceptance of the property with the restriction that title would 
revert to the county in the event construction of correctional 
institution buildings is not commenced within two years or the 
property should cease to be utilized for a correctional institution. 

Governor Askew said it should be made clear that acceptance of the 

land did not obligate the state to build an institution there, 

that the land might be used for a community correctional institution, 

On motion by Mr. Christian, seconded by Mr. Stone and adopted 
without objection, the Board accepted the land from the county. 



GULF COUNTY - File No. 2383-23-253.12, Land Sale 

St. Joe Paper Company applied for a parcel of filled sovereignty 
land in St. Joseph Bay abutting Government Lots 4,7, and 8 in 
Section 35, Township 7 South, Range 11 West, containing 10.0 acres 
in Gulf County, to be used as an industrial waste treatment site. 
The area was affected by dredging, siltation, pollution, and deposit 
of foreign materials. The biological report was not adverse to the 
bulkhead line that the Trustees approved on February 2, 1971. No 
objections were received to sale of the filled parcel advertised for 
consideration on February 9 and held over until this date. 

The sale, was represented as being in the public interest, so that 
a bulkhead line could be constructed to contain materials along the 
shoreline to prevent them from becoming dislodged during high 
water and deposited on beaches in the area. 

Sale had been recommended at three times the appraised value, and 
motion was made by Mr. Stone, seconded by Mr. Christian, for 
approval. 

The Director explained that representatives of the company were 
present, that certain circumstances had been brought to the 
staff's attention, that there were some options to consider be- 
cause of litigation pending, and he would change his recommendation 



2-16-71 



202 



to acceptance of a $50,000 settlement offer. 

The Governor and the Attorney General discussed the details of 
the settlement, the fact that three times the value did not apply 
to this case, and the offer if accepted would be approving the 
sale at the appraised value of $22,000 for the parcel, plus 
$8,000 to cover the actual cost of the litigation as incurred by 
the State, and $20,000 as a penalty. Then the litigation would 
terminate. Mr. Shevin recommended that such a settlement be 
entered into by the Board. Mr. Dickinson commended the Attorney 
General and the staff for working out the settlement in this man- 
ner, and Mr. Stone added that as a result the bark that continued 
to go into the bay would be disposed of by the proposed treatment. 

The previous motion was withdrawn and on motion by Mr. Shevin, 
seconded by Mr. Stone and adopted without objection, the Trustees 
accepted the modified recommendation of the staff and approved 
the $50,000 settlement offered by St. Joe Paper Company that 
included sale of the parcel of land. 



PALM BEACH COUNTY - File No. 2383-50-253.12(6), Quitclaim Deed, 

and No. 2372-50-253.12, Land Sale 
The applicant, William E. Benjamin II, had requested further 
deferment of his application for a quitclaim deed to 8.262 acres 
of filled sovereignty land in Lake Worth and sale of four parcels 
containing 3.928 acres abutting the filled land. There was no 
objection to deferment and Mr. Dickinson suggested a period of 
three or four weeks. 

Attorney General Shevin expressed the opinion that the Board was 
not obligated to give a quitclaim deed to the eight acres of very 
valuable waterfront land, because of the statute applied only to 
land on which the filling was completed prior to June 11, 1957. 
Also, he did not think it should be sold at $394 per acre. 
Mr. Dickinson indicated that the staff should address itself to 
these points. 



MONROE COUNTY - File No. 2182-44-253.12, Land Sale 

Mr. Vidzes reported that the applicant had consented to pay three 
times the appraised value for a parcel of filled sovereignty land 
containing 0.25 acre in Florida Bay abutting Section 32, Township 
63 South, Range 37 East, Upper Matecumbe Bay in Monroe County; 
therefore, he changed his recommendation to approval of sale of 
the parcel to Donald L. Wollard for $3,195. 

Application for the parcel to be used in connection with operation 
of a marina had been on the agenda June 10, 1969, October 20, 1970; 
and on November 24, 1970, consideration was deferred at the request 
of Mr. Adams who thought the penalty rate of three times the ap- 
praised value should be considered. The appraisal was $4,160 per 
acre, $1,065 for the parcel, and the applicant had offered the 
appraised value for the parcel plus $346.50 penalty plus $50 for 
the appraisal, or a total of $1,461.50. Since the Director had 
recommended denial at that price, Mr. Wollard finally agreed to the 
three times the value price. 

Governor Askew commented that this was the first time that penalty 
had been implemented. Mr. Shevin wondered how long the marina had 
been in operation, whether it was on state land and a fee should be 
charged. It was explained that it was on the applicant's land. 

Motion was made by Mr. Christian, and adopted without objection, 
that the filled parcel be sold at the price offered by Mr. Wollard 
of $3,195. Mr. Stone seconded the motion. 



2-16-71 



203 



DADE COUNTY - Campsite Lease Renewal 

On motion by Mr. Dickinson, seconded by Mr. Stone and adopted with- 
out objection, the Trustees authorized renewal of Campsite Lease No, 
2163 in Biscayne Bay, Dade County, to Newell A. Home, E. E. Berg- 
quist, Malcolm E. Gracy, Arthur DesRocher and R. A. Mullins, for 
one year with option to renew on a year-to-year basis for four 
additional years at an annual rental of $300. 



PINELLAS COUNTY - Easement 

On motion by Mr. Stone, seconded by Mr. Christian and adopted with- 
out objection, the Trustees approved the application from Florida 
Power Corporation for a ten-foot wide easement over and across the 
site of the new state office building on Mirror Lake Drive in St. 
Petersburg for electrical service to the new state office building, 
as approved by the Department of General Services. 



ESCAMBIA COUNTY - Emergency Dredge Permit, Section 253.123 F. S. 
Warren Petroleum Company requested an emergency dredge permit to 
allow removal of silt and sand from applicant's barge slip 165 
ft. long, 15 ft. wide, and 7 ft. deep, in Section 59, Township 
2 South, in Escambia County, to enable barges to be moored against 
the dock and reduce danger of fuel spills. The material was eroded 
from applicant's land and will be replaced. The biological report 
is not adverse. 

The dredge permit was approved on motion by Mr. Stone, seconded by 
Mr. Christian and adopted without objection. 



HILLSBOROUGH COUNTY - Dredge Permit, File 253.123-701, Department 

of Transportation Project 10060-3519. 
Bay Dredging and Construction Company requested approval of a 
dredge permit issued by Tampa Port Authority to dredge an area 
80 ft. wide, 330 ft. long and 4 ft. deep in Section 18, Township 
32 South, Range 19 East, in Little Manatee River, Hillsborough 
County. The dredging is required to enable applicant to maneuver a 
flotation barge in place to assist in bridge construction. The 
material removed would be placed adjacent to tte channel and replaced 
in the dredge area when the project is complete. 

The biological report is not adverse, $50 application fee was paid 
and the staff recommended approval. 

On motion by Mr. Stone, seconded by Mr. Dickinson and adopted with- 
out objection, the Trustees approved the dredge permit. 



MONROE COUNTY - Modify Dredge Permit, Refund, File No. 253.03-160 
Rimersburg Coal Company, represented by John G. McKay, Jr., was 
issued a permit on April 21, 1970, to dredge a perimeter channel 
and three access channels 50 ft. wide, 500 ft. long, and 5 ft. deep, 
in Kemp Channel in Monroe County. The firm paid $7,500 for 75,000 
cubic yards of material. 

The United States Fish and Wildlife Service filed an objection to 
the project with the Corps of Engineers and after several confer- 
ences, applicant agreed to move the perimeter channel landward so 
as to leave a strip of red mangroves on the seaward side. Only 
6,653 cubic yards of material will be removed from state-owned land. 

On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized issuance of amended 
permit and refund of $6,834.70. 



MANATEE COUNTY - State Construction Permit, Public Boat Ramp 
On motion by Mr. Dickinson, seconded by Mr. Stone and adopted with- 
out objection, the Trustees approved issuance of a permit under 
Section 253.03 Florida Statutes, to the Manatee County Highway 
Department for construction of a public boat ramp in the Manatee 
River at Bradenton in Section 20, Township 34 South, Range 17 East, 
Manatee County. 

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204 



PINELLAS COUNTY - State Dock Permits, Section 253.03 F. S. 
On motion by Mr. Stone, seconded by Mr. Dickinson and adopted 
without objection, the Board authorized issuance of state com- 
mercial dock permits for the following applications approved by 
Pinellas County Water and Navigation Control Authority prior to 
the August 11, 1970, policy changes relative to Marina licenses: 

1. H. L. Bayless, Treasure Island 
Pinellas Authority Permits 5494 and 5495 

2. F. H. Downward, Treasure Island 
Pinellas Authority Permit 5464 

3. Regency West Apartments No. 2, St. Petersburg 
Pinellas Authority Permit 5482 

4. Ronald Barnard, Madeira Beach 
Pinellas Authority Permit 5477 



OSCEOLA COUNTY - Lake Tohopekaliga Draw-Down Project 
On August 25, 1970, the Trustees agreed to cooperate with Central 
and Southern Florida Flood Control District in issuance of dredging 
permits for navigation and irrigation channels in Lake Tohopekaliga 
for a draw-down project conducted under the auspices of the Game 
and Fresh Water Fish Commission. 

As the lake is lowered it will become difficult to control cattle 
in the area; therefore, fence extension will be necessary. The 
Osceola County Cattlemen's Association, Osceola County Farm Bureau, 
Senator Irlo Bronson and a delegation of interested parties 
requested that fences with suitable markings be allowed in exposed 
portions of the lake. The staff asked for authority to issue the 
necessary permits at staff level until termination of the project 
on advice of the Flood Control District. 

Governor Askew cautioned the public not to expect the sale of any 
exposed lake bottoms, as it would be a temporary condition. Also, 
it should be understood that the fences would be removed. 

On motion by Mr. Stone, adopted without objection, the Trustees 
approved the request to allow extension of fences subject to the 
conditions stated by the Governor, the staff to issue the necessary 
permits to be terminated upon advice of the Central and Southern 
Florida Flood Control District. The Game and Fresh Water Fish Commis- 
sion will coordinate the project. 



The Director asked for withdrawal from the agenda of his recommenda- 
tion on Interagency Advisory Committee membership. 

It was so ordered. 



LITIGATION . The Director requested the legal assistance of the 
Department of Legal Affairs (Attorney General) to institute proceed- 
ings for a declaratory decree with respect to the Albert C. Tuck 
application considered by the Board on December 15, 1970, and in 
that cause styled Gables by the Sea, Inc., appellees vs Claude R. 
Kirk, Jr., et al, appellants, Appeal No. 0-167, First District 
Court of Appeal. 

Attorney General Shevin said he had no objection and would provide 
assistance. He might ask for a new policy to be adopted by the 
Board, as he did not agree that the title question was the basic 
legal premise. 



TRUSTEES FUNDS - Office Building in Capitol Center 

In order to provide urgently needed office space for the authorized, 
increased staff of the Trustees, the staff requested authority to 
enter into a contract with T. T. Jones Construction Company whose 
adjusted total bid of $37,255 was low for converting into offices 
a four-unit brick apartment building at 20 6 West Madison Street in 
Tallahassee. The Department of Legal Affairs, Staff General Counsel 
and Department of General Services were consulted, and the architect 
was Forrest A. Coxen , A. I. A. Payment would be made from budgeted 

2-16-71 



205 



funds . 

On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the Board authorized the staff to enter into 
the contract. 



SUBJECTS UNDER CHAPTER 18296 

MARION COUNTY - Murphy Act Land 

Israel Cummings , heir of the former owner on June 9, 1939, date 
title vested in the State of Florida under Section 192.38 Florida 
Statutes (now 197.350 F. S.), offered $660 for a parcel of land that 
was certified to the State of Florida under tax sale certificate 
No. 826 of June 3, 1918, described as follows: 

South 215 ft. of North 718 ft. of East 594 ft. of NE 1/4 
except North 40 ft. of East 148 ft. and except North 80 ft. 
of East 100 ft. of South 140 ft. in Section 14, Township 
15 South, Range 21 East, 2.61 acres, more or less, in 
Marion County . 

On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
without objection, the Board approved the staff recommendation for 
approval of the application and issuance of deed under provisions of 
Chapter 28317, Acts of 1953 (Section 197.355 F. S. ), the so-called 
"Hardship Act." 



?Z7~::~.ZS - Murphy Art 

On motion by Mr. Dickinson, seconded by Mr. Stone and adopted with- 
out objection, the Board authorized issuance of -refunds of 
$15 each to the following two applicants for release of the state 
road right of way reservations contained in the Murphy Act deeds 
listed below, for the reason that the Department of Transportation 
did not recommend release of the reservations : 

1. Real Estate Title Company - Hillsborough County 
Murphy Act Deed No. 3923 

2. Donald J. Delia Valle - Lee County Murphy Act 
Deed No. 257 



SANTA ROSA COUNTY - Oil and Gas Lease 

On December 22, 1970, the Trustees authorized the staff to advertise 
for sealed bids for a five-year oil and gas drilling lease covering 
the reserved one-half interest of the State of Florida (Chapter 
18296, the Murphy Act) in 70 surface acres of privately-owned land 
in Section 20, Township 5 North, Range 29 West, Santa Rosa County, 
comprising 35 net mineral acres. 

Invitation to bid was advertised pursuant to law, in the Tallahassee 
Democrat and the Press-Gazette of Milton, Florida, with bids to be 
opened at 10:00 a.m. on February 9. As there was no meeting on 
that date, the bids were held for opening on this date. 

Two bids were received, one from Sun Oil Company for $4 0,8 80 and 
the other from Humble Oil and Refining Company for $70,735. 

On motion of Mr. Stone, seconded by Mr. Dickinson and adopted 
without objection, the Board accepted the high bid from Humble 
Oil and Refining Company and authorized issuance of the oil and 
gas drilling lease to this bidder. 



On motion duly adopted, the meeting was adjourned. 



ATTEST 



■ iMl/iA 




Zu&**0**, 



a~ 



GOVERNOR 



I'M*- 

ZJ3LVE D] 



INTERIM EXECUTIVE DIRECTOR 



CHAIRMAN 



2-16-71 



206 



Tallahassee, Florida 
February 23, 1971 

The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met in the auditorium of the Haydon Burns Building, with 
the following members present: 

Richard (Dick) Stone Secretary of State, Acting Chairman 

Robert L. Shevin Attorney General 

Thomas D. O'Malley Treasurer 

Doyle Conner Commissioner of Agriculture 



Fred Vidzes Interim Executive Director 



On motion by Mr. O'Malley, duly adopted, the Trustees approved the 
minutes of February 16 as submitted. 



SARASOTA COUNTY - Bulkhead Line, Section 253.122 Florida Statutes 
The Staff requested approval of a bulkhead line adopted on February 
15, 1967, by the Sarasota County Water and Navigation Control 
Authority, located along the southern bank of Forked Creek in 
Sections 14 and 15, Township 40 South, Range 19 East, Sarasota 
County. The line was approved by the county prior to enactment of 
Chapter 67-393, Laws of Florida; therfore, no biological survey 
report was submitted. 

At the time the original application was presented the staff took 
the position that the Trustees had no jurisdiction in the matter. 
Mr. Vidzes explained that approval of the line would be an after- 
the-fact action, a ministerial action by the Board of Trustees, 
that it would allow the county and the Board to take a more active 
interest in the creek waters that had become navigable due to dredging 
work that completely channelized what had originally been natural 
meanderings of the creek. 

Mr. Stone and Mr. O'Malley criticized the fact that an old map was 
furnished. Mr. Vidzes said that map would be filed in the county 
records showing the before and after condition, the latter indicated 
by a red line that was the seawall line of the channel created to 
allow navigability. 

Mr. Stone requested deferment for one week, which was agreed with- 
out objection. 



MONROE COUNTY - File No. 2169-44-253.12 

Key West Seaside Park, Inc. requested withdrawal of its application 
dated January 29, 1969, filed with $75 application fee for purchase 
of a parcel of sovereignty land in Similar Sound, Big Coppitt Key, 
in Monroe County,, 

Staff recommended deactivation of the file and refund of the fee 
that was paid prior to adoption of the policy making such fees 
non-refundable . 

On motion by Mr. O'Malley, seconded by Mr. Conner and adopted 
without objection, the Board authorized the file closed and the 
$75 fee refunded to the applicant. 



MONROE COUNTY - Artificial Reef Permit No. 2101 

On motion by Mr. O'Malley, seconded by Mr. Conner and adopted 

without objection, the Board approved the extension recommended 

by the Department of Natural Resources for Artificial Reef Permit 

No. 2101 to allow completion of the installation of three artificial 

reefs in Calda Channel and Smith Shoal by the City of Key West. 



2-23-71 



207 



CHARLOTTE COUNTY - City of Punta Gorda 

On may 7, 1969, the City of Punta Gorda submitted an application 
to acquire an 11.7 acre parcel of sovereignty land in the Peace 
River abutting Section 6, Township 41 South, Range 23 East, in 
Charlotte County, for the purpose of developing a municipally- 
owned mobile home park. 

The biological report submitted on June 11, 1969, was adverse. 

The staff did not recommend approval and had advised a delegation 
from the city of that position. 

On motion by Mr. O'Malley, seconded by Mr. Conner and adopted 
without objection, the Board denied the dedication application 
and authorized the staff to deactivate the file. 



DADE COUNTY - Rescind Temporary Easement 

On November 24, 1970, the Trustees approved issuance of a temporary 
borrow easement to the Department of Transportation embracing about 
23 acres in Dumfoundling Bay, Dade County. The Board overruled an 
adverse biological report because the applicant had not located an 
alternate site containing suitable material in the vicinity of the 
proposed construction. 

It had been brought to the staff's attention that fill material 
was being hauled to the construction site from an upland source. 
In view of the fact that suitable material had apparently been 
located at another site, the staff recommended that the action of 
the Board on November 24, 1970, be rescinded. 

On motion by Mr. O'Malley, seconded by Mr. Conner and adopted 
without objection, the Board approved the staff recommendation. 
Mr. Stone commended the Department of Transportation for finding 
a way to avoid dredging and filling. 



PUTNAM COUNTY - Swan Lake Settlement 

The Board deferred consideration of this matter for one week. 



DADE COUNTY - Renew Campsite Lease 

On motion by Mr. O'Malley, seconded by Mr. Conner and approved 
without objection, the Board authorized renewal of Campsite Lease 
No. 2156 in Biscayne Bay, Dade County, held by Gilbert L. O'Neal 
for one year with option to renew on a year-to-year basis for four 
additional years at $300 annual rental. 



HILLSBOROUGH COUNTY - Fill Permit, Section 253.124, File 161 
The Tampa Port Authority requested approval of a permit to fill a 
71-acre tract 300 ft. wide, 10,300 ft. long, at Port Sutton in 
Section 3, Township 30 South, Range 19 East, Hillsborough County. 
1,092,000 cubic yards of material will be removed from an area at 
Port Sutton and Pendola Point. As the dredge and fill areas are 
within the boundaries of Tampa Port Authority, there was no charge 
for the material. 

The project was approved by the Board of County Commissioners of 
Hillsborough County. The biological report dated January 26, 1971, 
was adverse. 

Action was deferred for one week at the request of Mr. Stone. 



ESCAMBIA AND SANTA ROSA COUNTIES - Advertise Oil Lease. 
The staff requested authority to advertise for competitive sealed 
bids for a five-year oil and gas drilling lease covering a portion 
of the Escambia River, 330.5 acres, more or less, in Township 5 
North, Range 30 West. The lease would contain a special provision 
prohibiting drilling in the river, provisions for one-sixth royalty, 
annual rental of $1 per acre, $50,000 surety bond, at least one test 
well to 6,000 feet or to the sediments of the Jurassic Age, whichever 
is deeper, and that drilling be on contiguous pooled drilling units. 
The State Geologist had reviewed and approved the terms and conditions. 

2-23-71 



208 



Mr. O'Malley and Mr. Stone asked a number of questions, and Mr. 
Conner said the Board would not wish to be inconsistent but if there 
was any danger it should be established. There was no motion for 
approval and Mr. Stone said his vote would be "no" but action 
might be deferred for a week for a more detailed report to be 
submitted. 

Without objection, the application was deferred for one week. 



SHELL LEASE INCOME - For the record 

On motion by Mr. Conner, adopted without objection, the Board 
accepted for the record the report of income received by the 
Department of Natural Resources from holders of dead shell leases 

Lease No. Company Amount 

1718 Radcliff Materials, Inc. $ 79.9 8 

2233 Bay Dredging & Construction Co. 3,971.67 

2235 Fort Myers Shell & Dredging Co. 679.95 

2235 Fort Myers Shell & Dredging Co. 2,966.57 



TRUSTEES RULES - On motion by Mr. O'Malley, seconded by Mr. 
Conner and adopted without objection, the Board authorized amend- 
ment of Rule 18-2.04(4) to bring the rules into conformity with 
the provisions of Section 253.122 Florida Statutes. 



DUVAL COUNTY - Temporary Spoil Easement Revocation 
The Board had previously deferred consideration of the request 
of the Jacksonville Port Authority for an alternate spoil area 
(CDA-34) adjacent to the St. Johns River in Township 1 South, 
Range 27 East, embracing 150 acres, more or less, in Duval County, 
that was proposed to be used instead of a spoil area (CSA-10A) 
in the Hannah Mills creek marshes. The Secretary of State had 
been advised through efforts of active conservationists in Duval 
County that there were other alternate areas available. 

The staff had been advised by Mr. Paul Dettor of the Jacksonville 
Port Authority and by the Jacksonville District office of the 
Corps of Engineers that the dredging project had progressed to 
a point that the alternate spoil area could not be used, and 
that all spoil was being placed on existing upland spoil areas. 

As incorrect information had been received as to the alternate 
sites, Mr. O'Malley said it indicated the need for checking more 
closely in the future on Jacksonville Port Authority projects. 

On motion by Mr. O'Malley, seconded by Mr. Conner and adopted 
without objection, the Board authorized the file deactivated and 
requested the Corps of Engineers to reconvey the Hannah Mills 
marsh spoil area to the Trustees as recommended by the staff. 



OSCEOLA COUNTY - Lake Boundaries 

Under provisions of Chapter 70-97, Acts of 1970, one method of 
establishing lake boundaries includes holding public hearings at 
which time evidence is submitted that can be utilized by the Board 
of Trustees. 

On motion by Mr. Shevin, seconded by Mr. O'Malley and adopted 
without objection, the staff was authorized to request the Central 
and Southern Florida Flood Control District to hold public hearings 
on behalf of the Board of Trustees for the purpose of gathering 
evidence that would provide a means of establishing boundary lines 
for Lake Kissimmee, Lake Tohopekaliga, East Lake Tohopekaliga, 
Alligator Lake and Lake Lizzie, lying within Osceola County. 



As only four members of the Board of Trustees were present on 
this date, consideration was deferred with reference to a report 
on the status of litigation, Coastal Petroleum Company vs Secre- 
tary of the Army of the United States, USDC Southern District 
No. 68-951-CIV-CA and 69-699-CIV-CA Consolidated. 



209 



Mr. Shevin asked for information on a report to be presented to 
the Board by the Technical Advisory Committee on Fill. A 
moratorium on dredging and filling was imposed on January 12 
pending a determination of appropriate prices for fill material, 
and several applications had been approved subject to payment for 
the material at the price to be decided by the Board. 

The Committee had met again, and the Director said a report was 
being prepared that would make some significant recommendations, 
and the Board should be able to consider the detailed report in 
two weeks. 



SUBJECTS UNDER CHAPTER 18296 

MARTIN COUNTY - Murphy Act Land Sale, 

Mr. Conner made a motion, seconded by Mr. O'Malley and adopted 
that the Board approve sale of a parcel in Martin County under 
provisions of Section 197.350 Florida Statutes. 

The Director advised that five affirmative votes were required 
for a land sale, whereupon the Trustees reconsidered their action 
and deferred consideration of the sale for one week. 



On motion duly adopted, the meeting was adjourned, 




SECRETARY OF STATE - ACTING CHAIRMAN 



ATTEST 



-.^M \/<J. 



INTERIM EXECUTIVE DIRECTOR 



Tallahassee, Florida 
March 3, 1971 



The State of Florida Board of Trustees of the Internal Improve- 
ment Trust Fund met on this date in the Capitol, with the 
following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred O. Dickinson, Jr. 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Commissioner of Education 

Commissioner of Agriculture 



Fred Vidzes 



Interim Executive Director 



The minutes of the meeting of February 16 were approved as 
submitted. 



COLLIER COUNTY - Bids for Oil and Gas Lease. 

On January 19, after receiving two bids which were identical, 
the Board authorized readvertisement for bids for a five-year 
oil and gas drilling lease covering the reserved one-half 



3-3-71 



210 

interest of the Board of Education in privately-owned Section 16, 
Township 46 South, Range 29 East, and Section 16 in Township 46 
South, Range 30 East, containing 1,280 surface acres (640 net mineral 
acres) in Collier County. 

Invitation to bid was advertised pursuant to law, in the Tallahassee 
Democrat and the Naples Daily News, with bids to be opened at 10:00 
a.m. on March 2. There being no meeting on that date, the bids 

were held and opened on March 3 . 

Two bids were received, one from Sun Oil Company for $2,310.40 and 
the second from Shell Oil Company for $2,598.40. 

At the Director's suggestion, action was deferred for one week. 



OKALOOSA AND SANTA ROSA COUNTIES - Oil Lease Assignment. 
On motion by Mr. Christian, seconded by Mr. Stone and adopted without 
objection, the Board approved assignment from Beard Oil Company to 
Maui Oil Corporation of an undivided 20% of Beard's 25% interest in 
its oil and gas lease issued by the Florida Board of Forestry dated 
March 24, 1969. 

Instrument of assignment was approved by the staff legal counsel and 
by the Division of Forestry. The lease covers 3,665 net acres in 
the Blackwater River State Forest. 



GLADES COUNTY - Grazing Lease Renewal. 

On motion by Mr. Conner", seconded by Mr. Christian and adopted 
without objection, the Board approved renewal of Grazing Lease No. 
2i07 to Tommy Bronson for three years at $5,50 per acre annual 
rental, with lease to provide for cancellation by the Board after 
90-day written notice and to require lessee to pay any and all 
lawfully assessed taxes. 

The former lease rental was 50C per acre for the 320.86 acre tract 
of reclaimed Lake Hicpochee bottom land in Section 25, Township 
42 South, Range 31 East, and Sections 19, 20 and 30, Township 42 
South, Range 32 East, adjacent to Mr. Bronson ' s upland ownership. 
The land was appraised by the staff appraiser who recommended 
$5.50 per acre as fair annual rental. 

Approval for continued grazing on the reclaimed lake bottom was 
received from the Game and Fresh Water Fish Commission and Central 
and Southern Florida Flood Control District. 



MANATEE COUNTY - File 2390-41-253 . 03 , f Dedication . 

The National Audubon Society, represented by Myron G. Gibbons of 
Tampa, Florida, requested dedication of Whale Island and the 
sovereignty land within 400 feet of the island in Sarasota Bay 
adjacent to Section 31, Township 35 South, Range 17 East, Manatee 
County, to be used as a Wildlife Sanctuary. 

The Department of Natural Resources reported that dedication of the 
island and nearby sovereignty land would give the highly productive 
biological area an extra measure of protection. 

On motion by Mr, Dickinson, seconded by Mr. Christian and adopted 
without objection, the Board authorized the land advertised for 
objections only. 



OKALOOSA COUNTY - State Commercial Dock Permit, Section 253.03 F. S. 
The City of Fort W a iton Beach applied for a post construction permit 
for two docks in Choctawhatchee Bay adjacent to uplands in Section 
19, Township 2 South, Range 23 West, Okaloosa County. The facility 
at the municipal beach park was constructed prior to the August 11, 



3-3-71 



211 



1^70, dock policy change. $100 processing fee was submitted. 

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



PINELLAS COUNTY - Marina License, Section 253.03 F.S. 
Mr. Wesley Mill, Jr., applied for a marina license for construction 
of a mooring facility for an apartment complex in Clearwater Harbor 
abutting Section 5, Township 29 South, Range 15 Ease, Pinellas 
County. He tendered the minimum annual license fee of $100. No 
dredging would be required. 

The application was approved by the City of Clearwater and Pinellas 
County Water and Navigation Control Authority. The Department of 
Air and Water Pollution Control had no objection to the project. 

On motion by Mr. Christian, seconded by Messrs. Stone and Dickinson, 
adopted without objection, the Board approved the permit with the 
effective date of January 1, 1971. 



PINELLAS COUNTY - Marina License, Section 253.03 F.S. 
Mr. Charles C. Hickox, president, Stowaway Marinas, Inc., applied 
for a marina license for construction of a fueling dock over 3,200 
square feed in Boca Ciega Bay abutting Section 25, Township 31 South, 
Range 15 East, Pinellas County. No dredging was required. The 
minimum annual license fee of $100. was tendered. 

The Department of Air and Water Pollution Control had no objection 
to the project. 

On motion by Mr. Dickinson, seconded by Mr. Conner and adopted 
without objection, the Board approved issuance of marina license to 
the applicant. 



TRUSTEES FUNDS - Legal Counsel. 

The Board on August 11, 1970, retained the firm of Holland and 
Knight, and specifically Mr. Henry Kittleson of that firm, as outside 
special counsel for a period of six months. That period of time 
had expired and the staff requested extension of the existing 
arrangement for another six months, as Mr. Kittleson was working 
on Collier County land title questions and would be involved in 
pending Lake Cypress litigation. 

Motion was made by Mr. Conner, seconded by Mr. Stone, for approval. 
Then Mr. Conner said he would withdraw his motion for the reason 
Mr. Shevin expressed objection, not on. the basis of Mr. Kittleson' s 
ability but for the reason that the law firm on occasion represents 
clients whose interests differ from the Board's. The possibility 
of there being a conflict of interests involved here was discussed, 
and also the fact that no reflection on the integrity of the attorney 
was intended. The Governor mentioned the extremely technical title 
matters that were involved in the special work being done by Mr. 
Kittleson, but deferring to the judgment of the Board's attorney, 
the Attorney General, a postponement was suggested. 

At the request of Mr. Shevin, the Board deferred action for one week. 



3-3-71 



212 

OSCEOLA AND POLK COUNTIES - Lake Hatch ineha Boundary Agreement, 

Conveyance, and Channel Permit. 
The request from Florida Ridge Cattle Company for the Trustees to 
enter into a boundary line agreement establishing the 52.5 ft. 
mean sea level elevation by traverse as the public-private 
boundary line as to a particular area of Lake Hatchineha was 
deferred by the Trustees for two weeks at the request of the 
Secretary of State. 



BAY COUNTY - At the request of the Attorney General, action 
was deferred for two weeks on a request from Mar if arms, Inc., 
for a lease amendment to Mariculture Lease NO. 2408 covering 
West Bay submerged land. 



PUTNAM COUNTY - Utility Dredge Permit, Section 253.123(2) (b) F. 
Hudson Pulp and Paper Corporation of Palatka, Florida, 
requested approval of a dredge permit to install a forty-eight 
inch force main in Rice Creek in Section 27, Township 9 South, 
Range 26 East, Putnam County, as part of a larger multi-million 
dollar project to provide secondary treatment for approximately 
thirty-five million gallons of Hudson waste water per day. 
Applicant tendered $100 processing fee. The biological report 
was not adverse, indicating that the treatment might improve 
water quality in the creek and in the St. Johns River. 

On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the Board approved the application. 



SARASOTA COUNTY - Bulkhead Line, Section 253.122 Florida Statutes. 
The Sarasota County Water and Navigation Control Authority by 
resolution adopted on February 15, 1967, established a bulkhead 
line 3,795 feet long, along the southern bank of Forked Creek 
in Sections 14 and 15, Township 40 South, Range 19 East, in 
Sarasota County. The bulkhead line was approved by the county 
prior to the enactment of Chapter 67-393, Laws of Florida; 
therefore, no biological report was submitted. At the time 
the original application for approval of the bulkhead line was 
submitted the staff took the position that the Trustees did not 
have jurisdiction in the creek. 

The bulkhead line is landward of the original mean high water 
line, and that area between the bulkhead line and the original 
mean high water line had been dredged to create a channel. 
Forked Creek was a non-meandered navigable body of water that 
connected with Lemon Bay, and in the past the staff had declined 
to assert jurisdiction in non-meandered navigable bodies of water. 
The present staff recommended that whether or not a body of water 
is meandered should have no bearing on the Trustees' asserting 
jurisdiction, but that the true test for asserting jurisdiction 
is whether or not a body of water is susceptible of navigation. 
Therefore, the staff recommended approval of the bulkhead line 
because it would preclude encroachment on a non-meandered 
navigable body of water. 

Mr. Stone said the explanation was completely satisfactory 
and he made a motion, seconded by Mr. Christian, that the 
bulkhead line be approved. Without objection, the motion was 
adopted. 



3-3-71 



213 

Mr. Shevin called attention to the many times that staff is called 
upon to make a decision on whether the Trustees have jurisdiction, 
sometimes litigation resulting later on such as a case the Department 
of Legal Affairs is now pursuing. He recommended that the Board 
make decisions on jurisdictional questions. 

On motion by Mr. Shevin, seconded by Mr. Christian and adopted without 
objection, the Trustees as a matter of policy directed the staff to 
bring all questions of whether or not the Board has jurisdiction 
to the Board prior to sending out any type of letter or information. 



MONROE COUNTY - The Florida Keys Aqueduct Authority application for 
bulkhead line, dredge and fill permit was removed from the agenda. 



PUTNAM COUNTY - Swan Lake Settlement. 

On January 29, 1970, the Executive Director executed an agreement 
with Mrs. Eleanor L. Johnston that would provide an access easement 
through her property in consideration for an instrument clearing 
title to filled marginal lands of Swan Lake. The easement would 
provide access to a parcel of filled lake bottom land owned by the 
Trustees . 

On February 23 the Board deferred action as only four members were 
present to consider the staff recommendation for confirmation of 
the agreement and issuance of an ex parte disclaimer. 

On motion by Mr. Christian, seconded by Mr. Conner and adopted 
without objection, the Board approved the staff recommendation. 



HILLSBOROUGH COUNTY - Fill Permit, Section 253.124, File 161. 
At the request of the Secretary of State, the Board deferred for 
ore week consideration of the application from Tampa Port Authority. 



ST. LUCIE COUNTY - Dredge Permit Amendment, 

File No. 253.123-623 Florida Statutes. 
Florida Power and Light Company requested amendment of its existing 
permit to allow removal of an additional 1,600,000 cubic yards of 
material from Big Mud Creek, for which payment of up to $1 per 
cubic yard will be made when the moratorium is lifted and the new 
fee established. The present authorized dredge depth of minus-55 
feet will not be exceeded, but a larger area will be dredged. 

Also, the applicant requested that the permit be amended to allow 
cutting a 200 ft. wide channel into the upland to obtain additional 
fill material from lands in private ownership in Sections 17 and 18, 
Township 36 South, Range 41 East, St. Lucie County. 

The biological report showed that submerged lands in Big Mud Creek 
were not vegetated, the bottom consisted of either mud or a mixture 
of mud and sand, dredging should not have significant adverse 
effects on the marine life of the area that had been subject to 
removal of approximately three million cubic yards of material to 
date . 

Governor Askew raised the question of possibility of creating an 
anaerobic condition, referring to such a condition in the Escambia 
River. It was explained that an impoundment area and a supply of 
water was needed for cooling purposes in the event of an emergency 



3-3-71 



214 



such as a hurricane that might require the Hutchison Island plant 
to have to shut down operations. 

On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the Board approved both requested amendments. 



ESCAMBIA AND SANTA ROSA COUNTIES - Advertise for Oil Lease Bids. 
On motion by Mr. Christian, seconded by Mr. Dickinson and adopted 
without objection, the Trustees authorized advertisement for competi- 
tive sealed bids for a five-year oil and gas drilling lease covering 
a portion of the Escambia River containing 330.5 acres, more or less, 
in Township 5 North, Range 30 West, Escambia and Santa Rosa Counties, 
The lease will prohibit drilling in the river and will contain 
provisions for one-sixth royalty, annual rental of $1 per acre, 
$50,000 surety bond, and require at least one test well drilled on 
contiguous pooled drilling units to 6,000 feet or the sediments of 
the Jurassic Age, whichever is deeper. 

State Geologist Robert O. Vernon had approved the terms and condi- 
tions and advised the Board that no well would be drilled in or 
under the river, and he would furnish the members complete infor- 
mation. 



Action was deferred on a report on litigation between Coastal 
Petroleum Company and Secretary of the Army of the United States, 
USDC Southern District No. 68-951-CIV-CA and 69-699-CIV-CA 
Consolidated. 



AEROJET GENERAL SETTLEMENT OFFER - On September 8, 1969, Aerojet- 
General Corporation moved to exercise its option to purchase some 
25,000 acres of south Dade County land under a 1961 lease-option 
contract with the Board of Trustees and the Board of Education. 
Subsequently, on October 21, 1969, the defendant boards, on the 
Trustees' agenda, voted to "void" the lease-option contract. 

By order of September 21, 1970, the United States District Court for 
the Northern District of Florida granted Aerojet' s motion for summary 
final judgment, finding the lease-option contract to have been valid 
and Aerojet to have been entitled to specific performance by the 
defendant boards. The case was on appeal. 

In settlement of this matter and to extinguish the state's appeal, 
Aerojet made a bona fide offer to pay; — over and above the original 
contract purchase price — $100,000 cash on closing and to give back 
a deed to 1674 acres of land, more or less, to form a conservation 
buffer zone along the west and south sides of the subject property 
bordering on the Everglades National, Park. 

Counsel to the Board of Education and the Board of Trustees 
recommended acceptance of the settlement offer. 

Attorney General Shevin had requested deferment but suggested that 
the Board might hear Mr. George Wright, representing Aerojet, who 
was present on this date. Mr. Wright discussed the settlement 
proposal resulting from conferences held at the inviation of counsel 
to the Trustees and the Board of Education with the hope of amicably 
resolving the pending litigation. He said the offer was made in 
good faith, his client considered it reasonable, and if the Board 
did not, his client would proceed with the lawsuit. 



3-3-71 



215 



Mr. Christian recommended acceptance of the settlement. Governor 
Askew said that although entering into the contract might not have 
been a good deal for the state, it had been held legally binding 
and he felt Aerojet' s offer was in good faith. 

Mr. Philip S. Bennett, chief counsel to the Board of Trustees, 
reviewed the background on the case that came to him from the 
previous Attorney General, the summary final judgment and his 
decision as to a basis of appeal, his discussions with Mr. Wright 
and Mr. Stephen Marc Slepin, then counsel to the Board of Education, 
on the proposed settlement, land appraisal and selection of land to 
be a buffer zone adjacent to Everglades National Park, Mr. Slepin 
and Mr . Bennett had recommended acceptance . 

Mr. Stone was in favor, and the Governor indicated that position 
but noted that Mr. Shevin had requested deferral. Mr. Conner raised 
the question of compliance with stipulations in the original contract 
as to performance which Mr. Bennett explained. Other questions were 
raised regarding performance and the basis that might be used for 
appeal . 

Mr. Wright said he would contact his client regarding the requested 
two-weeks' deferment. He added that the industry did come in and 
unfortunately came to a halt in 1965 due to the failure of the 
federal government to proceed with the solid-fuel rocket program, 
that it was terminated through no fault of Aerojet. He agreed to 
communicate to his client the Board's expressions and the request 
that the offer remain open at least until March 17. 

Without objection, action was deferred for two weeks. 



SUBJECTS UNDER CHAPTER 18296 

MARTIN COUNTY - Murphy Act Land Sale. 

The staff requested approval of sale and execution of deed for a 
parcel of Murphy Act land in Martin County sold under provisions 
of Section 197.350 Florida Statutes, the Beulah V. Johns for the 
high bid of $100 as reported on Bidding Report No. 980. The parcel 
was certified to the State of Florida under tax sale certificates 
215 of July 5, 1926, and 1909 of August 7, 1933, described as the 
East 35 feet of Lot 155, Unrecorded Plat of Sinclair Subdivision, 
Tract 40, Palm City Farms, Section 2, Township 39 South, Range 40 
East, Martin County. 

On February 23 action was deferred for the reason that only four 
members were present. 

On motion by Mr. Christian, seconded by Mr. Stone and adopted 
without objection, the Board approved the sale and execution of 
deed pertaining thereto. 



On motion duly adopted, the meeting was adjourned 

I 




UjJU^ 




iJ^ 



GOVERNOR CHAIRMAN 



' : HU\/cJ. 



ATTEST: I r^JC V t& *?&*■ — 

INTERIM EXECUTIVE DIRECTOR 



3-3-71 



216 

Tallahassee, Florida 
March 9, 1971 

The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the Haydon Burns Building in 
Tallahassee, Florida, with the following members present; 

Reubin O'D. Askew Governor 

Richard (Dick) Stone Secretary of State 

Robert L. Shevin Attorney General 

Fred 0. Dickinson, Jr. Comptroller 

Thomas D. O'Malley Treasurer 

Floyd T. Christian Commissioner of Education 

Doyle Conner Commissioner of Agriculture 



Fred Vidzes interim Executive Director 



The minutes of the meeting of February 23 were approved. 



BROWARD COUNTY - Erosion Control Line. 

The Town of Hillsboro Beach by Resolution No. 141 adopted on 
December 15, 1970, approved and submitted to the Board a proposal 
for the establishment of a line defining the limits between owner- 
ship of the Atlantic Ocean from the north limits of the town 
southerly 5,000 feet, following the mean high water -line as nearly 
as practicable. The "erdsion control line", when approved and 
recorded, may be used as the boundary between public and private 
ownership. Appropriate instruments may be exchanged to clearly 
define limits of interest. 

Motion was made by Mr. O'Malley, seconded by Mr. Dickinson and 
adopted v/ithout objection, that the Trustees approve the line 
established by the Town of Hillsboro Beach. 



INDIAN RIVER COUNTY - File No. 2386-31-253.12, Sale Deferral. 
The Trustees deferred consideration of the purchase application 
from the Estate of W. G. Bosworth, Deceased, represented by Robert 
F. Lloyd, for a parcel of filled sovereignty land in the Indian 
River abutting Section 8, Township 31 South, Range 39 East, Indian 
River County. The staff requested the deferment until the applicant 
submits information requested and the appraisal is received. 



SANTA ROSA COUNTY - Oil and Gas Lease. 

On motion by Mr. Christian, seconded by Mr. O'Malley and adopted 
without objection, the Board authorized the staff to advertise 
for competitive sealed bids for a five-year oil and gas drilling 
lease covering that portion of the 100-ft. wide right of way of 
State Road 89 in Section 40, Township 5 North, Range 29 West, 
containing 13.662 acres, more or less, in Santa Rosa County. The 
Department of Transportation approved advertising for bids on this 
portion of the right of way which extends northward from the 
center of the Town of Jay. 

Pursuant to Section 253.61 (a), Florida Statutes, the governing 
authority of the Town of Jay v/ill be requested to consent by 
resolution to issuance of the lease that will contain a special 
provision prohibiting drilling on the road right of way. Other 
terms will be one-sixth royalty, annual rental of one dollar per 



3-9-71 



217 



acre, $50,000 surety bond, and the requirement that at least one 
test well be drilled every 2h years to a depth of 6,000 feet or 
to the sediments of the Jurassic Age, whichever is deeper, on 
contiguous pooled drilling units. 

The State Geologist reviewed and approved the terms and special 
conditions . 



OKALOOSA, SANTA ROSA AND ESCAMBIA COUNTIES - Seismic Permit. 
Geophysical Service, Inc., requested permission to conduct seismic 
exploration operation covering the ownership of the Trustees in 
the Perdido, Escambia and Yellow Rivers. Using air guns mounted on 
small boats and pontoons, the applicant will explore by reflection 
method and will not use explosive charges. The entire operation 
will take place between January and June 30, 1971. 

The Department of Natural Resources issued Permit 98 dated January 
19, 1971, for this exploration. 

On motion by Mr. Christian, seconded by Mr. O'Malley and adopted 
without objection, the Board approved the request of Geophysical 
Service, Inc. 



GLADES COUNTY - Grazing Lease Renewal. 

Mr. Billy Rogers applied for renewal of Grazing Lease No. 2127 
covering 142.23 acres of reclaimed Lake Okeechobee bottom land in 
Section 3, Township 40 South, Range 33 East, Glades County, 
traversed by State Road 78 and adjacent to applicant's upland. 

The two tracts v/ere appraised by the staff appraiser who recommended 
$4.30 per acre as the current fair annual rental. The former lease 
rental was $2.46 per acre. 

Motion was made by Mr. Conner, seconded by Mr. Christian, that the 
lease be renewed as recommended by the staff, at $4.30 per acre 
annual rental, subject to cancellation by the Board after 90-day 
written notice, and lessee to pay any and all lawfully assessed 
taxes . 

There was discussion on a question raised by the Governor as to 
a provision for maximum grazing density. Mr. Conner commented that 
it would be to the detriment of the owner of the livestock to impair 
the land by overgrazing, but that consideration might be given to 
preventing any erosion condition that might develop. The staff 
would prepare a report covering suggestions made for protecting 
the land from impairment . 

There was no objection to issuance of the renewal on the terms 
recommended by the staff, and the motion was adopted. 



DADE COUNTY - Campsite Lease. 

On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the Board authorized renewal of Campsite Lease 
No. 2173 held by Miami Springs Power Boat Club, Inc., represented 
by Mr. Arthur Margerison, for one year with option to renew for 
four additional years on a year-to-year basis at an annual rental 
of $300. 

Renewal conformed to the April 7, 1970, policy allowing a lease 



3-9-71 



218 



as long as the structure remains on the site, and the policy of 
October 6, 1970, that established an annual rental of $300 for a 
quarter-acre site. 



ESCAMBIA AND SANTA ROSA COUNTIES - Utility Dredge Permit, 

Section 253 . 123 (2) (b) F.S. 
Humble Oil and Refining Company requested approval of a dredge 
permit to install two 4-inch flow lines in the Escambia River in 
Sections 31 and 33, Township 6 North, Range 29 West, in Escambia 
and Santa Rosa Counties. The staff suggested deferment to allow 
a company representative to be present to explain measures to 
contain any leakage. 

The Board deferred action as requested. 



GULF COUNTY - Dredge Permit Amendment, File 253.123-527, 

and Fill Permit File 253.214-163. 
On the request of the Secretary of State, action was deferred on the 
request from Port St. Joe Authority to amend its permit to allow 
removal of an additional 68,000 cubic yards of accumulated bark and 
other material along the shoreline in St. Joseph Bay in Section 35, 
Township 7 South, Range 11 West, Gulf County. 



PINELLAS COUNTY - State Marina License, Section 253.03 F. S. 
On motion by Mr. Stone, seconded by Mr. O'Malley and adopted without 
objection, the Board approved the application from Field Hotel 
Corporation for a marina license for construction of a mooring 
facility on 28,213.62 square feet of sovereignty land in Clearwater 
Harbor adjacent to uplands in Section 17, Township 29 South, Range 
15 East, Pinellas County. Applicant had tendered $564.27 for the 
first year's fee. 

No dredging was required and the Department of Air and Water 
Pollution Control had no objection to the project. 



PINELLAS COUNTY - State Marina License, Section 253.03 F. S. 
On motion by Mr. O'Malley, seconded by Mr. Stone and adopted 
without objection, the Board approved the application from H. F. 
Hallock, Inc., for a marina license for construction of a fishing 
and sunning facility in Boca Ciega Bay adjacent to upland in Section 
14, Township 31 South, Range 15 East, Pinellas County. The 
applicant tendered the minimum annual fee of $100 for the 265 square 
feet. 

No dredging was required and the Department of Air and Water 
Pollution Control had no objection to the project. 



NASSAU COUNTY - Power Line Easement. 

On motion by Mr. Conner, seconded by Mr. O'Malley and adopted 
without objection, the Board authorized issuance of a 30-ft. wide 
easement to Florida Public Utilities Company for an electric power 
line and existing poles, lines and fixtures over and across 
portions of Sections 10, 11 and 12, Township 3 North, Range 28 
East, and Sections 7 and 8, Township 3 North, Range 29 East, in 
Fort Clinch State Park at Fernandina Beach. 

The Department of Natural Resources approved and authorized 
issuance of the easement. 



3-9-71 



219 

TRUSTEES ' FUNDS - Appraisals. 

On motion by Mr. Stone, seconded by Messrs. Christian and O'Malley, 
adopted without objection, the Board authorized the staff to retain 
an assistant for the staff appraiser for an additional four-month 
period beginning March 1, 1971, at the rate of $800 per month. 

It appeared from the increasing workload that assistance for the 
staff appraiser will continue to be needed to properly administer 
the appraisal needs of the agency. Therefore, the staff also 
requested authorization to request establishment of the position 
of Assistant to Appraiser. 

The Board granted approval on the condition that creation of the 
position will be justified to the Department of Administration, 
and the matter will be brought back to the attention of the Cabinet 
for decision based on the recommendations of the staff and of the 
Department of Administration. 



PALM BEACH COUNTY - Modify Marina License. 

In order to equal the minimum life expectancy of its marina structure 
and to allow time to redeem municipal bonds issued for the project, 
the City of Lake Worth requested modification of the standard marina 
license requirements contained in State Marina License No. ML-19 
approved on January 19, 1971, to allow a time period of twenty 
years with option to renew for an additional twenty years. 

On motion by Mr. O'Malley, seconded by Mr. Christian and adopted 
without objection, the Board authorized modification of the marina 
license as requested. 



COLLIER COUNTY - Bids for Oil and Gas Lease. 

On January 19, after receiving two identical bids for an oil and 
gas lease of the reserved one-half interest of the Board of 
Education in privately-owned Section 16, Township 46 South, Range 
29 East, and Section 16, Township 46 South, Range 30 East, 640 net 
mineral acres in Collier County, the Trustees authorized readver- 
tisement for bids for a five-year oil and gas lease. Invitation 
to bid was advertised pursuant to law, in the Tallahassee Democrat 
and the Naples Daily News, with bids to be opened at 10:00 a.m. 
on March 2, 1971. 

As there was no meeting on March 2, the bids were held and opened 
at the meeting on March 3, 1971, and action was deferred until this 
date. Two bids were received, $2,310.40 from Sun Oil Company and 
$2,598.40 from Shell Oil Company. 

On motion by Mr. Christian, seconded and adopted without objection, 
the Board accepted the high bid of $2,598.40 from Shell Oil 
Company and authorized issuance of lease to that firm. 



TRUSTEES ' FUNDS - Outside Legal Counsel. 

On March 3 the Board deferred action on the request to extend for 
another six months the existing arrangement with the law firm of 
Holland and Knight, and specifically Mr. Henry Kittleson, as 
outside special counsel. Subsequently, Mr. Shevin conferred with 
Mr. Kittleson by telephone and expressed himself as satisfied 
with the propriety of the situation and that the firm was very 
sensitive and would avoid anything in any way involving a conflict 
of interest. 



3-9-71 



220 



Motion was made by Mr. Shevin, seconded by Mr. Christian, and 

adopted unanimously, that Mr. Kittleson be retained as outside special 

counsel for an additional six months. 



HILLSBOROUGH COUNTY - Consideration of the fill permit requested by 
Tampa Port Authority (Section 253.124, File 161) was postponed at the 
recommendation of the staff until the bulkhead lines have been 
re-established by the Authority. 



FRANKLIN COUNTY - Dredge Permit, Section 253.123 F.S., File 718. 

Dredge to Improve Navigation. 
The Department of Natural Resources made application for a permit 
authorizing maintenance dredging in a navigation channel 500 ft. 
long, 50 ft. wide and 5 ft. deep in Section 1, Township & South, 
Range 2 West, in Ochlockonee Bay, Franklin County. Spoil from the 
channel would be deposited adjacent to the channel in the bay. 
The biological report was not adverse to either the dredging or 
spoiling of the 2,000 cubic yards of material. 

On motion by Mr. Stone, seconded by Mr. O'Malley and Mr. Christian, 
and adopted without objection, the Trustees approved issuance of 
the dredge permit. 



PALM BEACH COUNTY - Lake Osborne. 

In compliance with Chapter 19133, Laws of Florida, Acts of 1939, 
the then Trustees executed Deed No. 18516 conveying Lake Osborne 
to Palm Beach County for park and forest purposes under the custody 
and control of the Board of County Commissioners of Palm Beach 
County. On December 8, 1970, the Board of County Commissioners 
renewed a sand dredging contract for dredging in the lake. Numerous 
objections to the dredging activity were filed with the Trustees' 
office, and the staff discussed the matter with the Attorney 
General's staff, requesting advice. It had been recommended that 
action be taken to preclude further dredging in Lake Osborne. 
Therefore, the staff requested authority to transmit a letter 
requesting the Board of County Commissioners of Palm Beach County 
to have the dredging stopped and submit a full report on the subject, 

Mr. Malcolm Anderson, representing the Federated Conservation 
Council and also adjacent property owners on Lake Osborne, urged 
immediate cessation of the dredging which he charged was damaging 
to the ecology and wildlife in adjacent marsh areas and was not 
complying with the conditions in the conveyance for forest and 
park purposes. 

Attorney General Shevin summarized his memorandum dated February 
23, responding to the Director's request on February 8 for advice, 
pointed out that he had recommended that the staff take action 
to halt the dredging immediately and if not halted, to take the 
necessary steps to enforce the possibility of reverter including, 
if necessary, a suit to recover possession of the land including 
damages. He added that his memorandum of this date to the Board 
pointed out that action should already have been taken, and with 
reference to the agenda item, a telegram instead of a letter 
should be sent to the County Commission to stop the dredging 
immediately. 



3-9-71 



221 



Mr. 0" Mai ley expressed concern that the staff had not taken the 
immediate action recommended by the Attorney General's memorandum, 
and the Director explained that the staff required board authority 
on matters of jurisdiction. 

The Governor thought there was some difference of opinion as to 
whether or not the state retains sovereignty making it a question 
of jurisdiction, but the situation might have been brought to the 
Trustees' attention sooner, and if there had not been compliance 
with the deed provisions Lake Osborne might be subject to reversion, 
Mr. Shevin did not consider it an issue of jurisdiction and said 
the dredging on sovereign lands was of an emergency nature and 
should be stopped immediately by telegram followed by a letter. 

Motion was made by Mr. O'Malley that the Attorney General's 
recommendations be followed. Mr. Stone seconded the motion. 

Mr. Michael Small from the County Attorney's office, represent- 
ing the Palm Beach County Commissioners, said they desired to do 
only what was best for the greatest majority of the tax payers, 
that the area had been used for recreation even before the dredging 
started in 1960 which had created a lake from a swampy marsh, that 
the county had constructed a roadway all along the park, that the 
sand dredging lease had been renewed at least three times. He 
understood the Trustees' authority with respect to exercise of 
the reverter clause, but his presentation of recreational use of 
the area appeared to show compliance with the terms of the deed. 
Mr. Small was not prepared to make a complete report on the 
question of dredging, having received notice of this meeting on 
the Friday preceeding this date; but asked for a deferment for 
three weeks in order to have certain tests made to determine the 
effects of the dredging. He said that litigation brought by the 
objectors was pending in Palm Beach County and an accurate reading 
of the biological effects could not be made if the dredging condi- 
tions were changed now. 

Dr. Dwight Goforth, a biologist with the Game and Fresh Water Fish 
Commission, said that now Lake Osborne was navigable because of 
the dredging, but continued dredging would damage the submerged 
marsh areas, increase turbidity and other adverse effects. He 
was involved in the suit to seek a permanent injunction to stop 
the dredging, having appeared before the County Commission and 
failed in an attempt to have the dredging stopped. The county 
had renewed the sand dredging lease. 

The members asked many questions and after considerable discussion, 
and feeling that dredging activity violated the covenants in the 
deed and there was no permit for the dredging to begin with, it 
was the consensus that the county should be notified to cease and 
desist until such time as the permit is properly brought before 
the Board to determine whether further dredging would be permitted 
in the navigable body of water, and also to determine whether 
there has been satisfaction on the question of reverter. Mr. 
Stone made that as a motion, and it was seconded by Mr. Shevin. 
With Messrs. Shevin, Conner, Dickinson and Stone voting "Aye", 
and no objections, the motion was adopted. 

The Director was instructed to notify the county by telegram, and 
with a follow-up letter which the Attorney General would assist 
the staff to prepare. 



3-9-71 



222 



FRANKLIN COUNTY - Attorney General Shevin reported briefly on the 
application for a dredge permit to improve navigation for Dr. A.C. 
Tuck that was considered by the Trustees on December 15, 1970, 
which he had been asked to assist with in the meeting on February 16, 
1971. 

The staff surveyors, asked by the Attorney General's office to 
make a new survey, had been denied access and then the applicant's 
attorney asked for a formal letter requesting permission before 
the surveyors will be allowed to make a survey. Mr. Shevin pointed 
out that whatever delay had been occasioned was because of the 
applicant's action. 

Mr. Shevin made a motion, seconded by Mr. Stone and adopted 
without objection, that the staff be directed to send the requested 
letter so that the survey can proceed. 



On motion duly adopted, the meeting was adjcjiu^ned. 




GOVERNOR CHAIRMAN 



ATTEST : 



~T%eA \jcA 



INTERIM EXECOriVE DIRECTOR 



Tallahassee, Florida 
March 16, 1971 

The State of Florida Board of Trustees of the Internal improvement 
Trust Fund met on this date in the auditorium of the Department 
of Transportation, with the following members present: 

Reubin O'D. Askew Governor 

Richard (Dick) Stone Secretary of State 

Robert L. Shevin Attorney General 

Fred 0. Dickinson, Jr. Comptr'oller 

Thomas D. 'Mai ley Treasurer, present part time 

Floyd T. Christian Commissioner of Education 

Doyle Conner Commissioner of Agriculture 



Fred Vidzes interim Executive Director 



The minutes of the meeting of March 3 were approved as submitted. 



PALM BEACH COUNTY - Lake Osborne Dredging. 

On March 9 the Board directed the staff to notify the Board of 
County Commissioners of Palm Beach County to stop dredging in 
Lake Osborne until the matter of a permit is properly brought 
before the Board and the Board determines whether there has been 
compliance with the deed provisions. 



3-16-71 



223 

Mr. Herbert Benn, Assistant Attorney General, filed a petition to 
intervene in the suit styled Federated Conservation Council vs. 
Board of County Commissioners, Palm Beach County, et al, seeking 
temporary injunction against dredging in the lake and a permanent 
injunction against further activities affecting the lake on the 
basis thaL title to the lake bottom was in question and that the 
dredging failed to obtain appropriate permits from the State of 
Florida. The court heard the state's argument for temporary 
injunction on March 12 and allowed the hearing to be continued on 
March 16 for introduction of additional testimony. 

In view of the necessity to take immediate action in the litigation, 
motion was made by Mr. Stone, seconded by Mr. Shevin and adopted 
without objection, that the Trustees confirm the action taken by 
Mr. Vidzes requesting Mr. Benn to plead the state's cause in this 
matter. This action was considered out of order at the beginning of 
the meeting, so that the state's representative could be promptly 
notified. Mr. Shevin briefly explained what his office had done 
with respect to this situation. 



DADE COUNTY - Aerojet-General Settlement Offer. 

On March 3 the Board considered an offer from Aerojet-General Corp. 
to pay — over and above the original contract purchase price — $100,000 
cash on closing and to give back a deed to 1674 acres of land, more 
or less, to form a buffer zone along the west and south sides of the 
25,000 acres of south Dade County land covered by a 1961 lease-option 
contract with the Trustees and the Board of Education, for a settlement 
and to extinguish the state's appeal in the litigation brought when 
the boards voted to "void" the lease-option contract. Many questions 
were raised and the Trustees deferred action until this date. 

While the case might be difficult Attorney General Shevin recommended 
that the cabinet continue litigation, as he thought there were criteria 
on which to prosecute the appeal and possibly win it. He thought the 
over-riding consideration should be that the firm failed to establish 
the industrial facility, and the issue had not been totally presented 
to the court. He would vote against the offered settlement as he 
thought the value of the land outweighed the risk, the state or county 
might get a buffer zone by condemnation, and the case should be 
vigorously pursued. 

Motion was made by Mr. o'Malley, seconded by Mr. Stone and Mr. 
Dickinson, that the settlement offer be rejected formally and the 
Attorney General be requested to join in pursuit of the appeal with 
the general counsel of the Board of Education and the Trustees. 

Mr. Conner expressed the opinion that at the time of the original 
contract the state had given the firm an incentive with land for 
$50 and acre and the state would have gone through with its part, 
but had the firm lived up to the bargain? 

In view of what might be lost Mr. Christian expressed doubts, as 
the general counsel of the Board of Education and the Trustees had 
recommended settlement; but he accepted the Attorney General's 
recommendation in order to try to get the land back. 

Mr. Conner and Governor Askew noted that the apparent failure to 
establish the facility might have been through no fault of the firm. 

Mr. Alston Fisher's presence on behalf of Aerojet-General Corp. 
was recognized, but he made no statement for the record. 



3-16-71 



226 

The biological report stated that restoration of the filled area to 
its previous condition by removing the fill was a questionable 
solution, and recommended removal of a small part of the fill at the 
south end to provide connection of a marsh area to open water. The 
applicant had agreed to remove the fill as suggested in that report 
and agreed to pay three times the appraised value. He represented 
that the sale would be in the public interest because the alternative 
would not be in the public interest. 

The staff recommended advertisement for objections only. Mr. Vidzes 
said the party had been completely unaware of state requirements as 
to filling and it was a very small parcel. 

Mr. Conner made a motion, seconded by Mr. Stone, for approval. 

Mr. Shevin made a substitute motion that the price be $2,500 instead 
of $1,500, pointing out that the policy for sale of land filled 
without authority required payment of three times the appraised 
value as a minimum . Mr. Christian seconded this motion. Mr. Vidzes 
explained that this would be an awkward situation, the applicant 
might not purchase the parcel that would then just lie there, and the 
Board could consider the price further after the advertising period. 
Mr. Stone agreed, and Mr. Christian withdrew his second to the 
substitute motion. 

Mr. Vidzes advised that with respect to the biologist's recommen- 
dation for a connection of the marsh area to open water, the staff 
would not issue a deed until the work was done. 

On the first motion, adopted with Mr. Shevin voting "No", the Board 
authorized advertisement of the parcel for objections only, the matter 
of price to receive further consideration at the time for confirmation 
of the sale. On the same motion the bulkhead line was approved. 



TRUSTEES APPOINT DIRECTOR . 

The Governor requested consideration of Mr. Joel Kuperberg to be 
executive director for the Board of Trustees, to become effective 
April 5. At least four affirmative votes are required for con- 
firmation of an appointment by the Governor. 

Motion was made by Mr. Christian, seconded by Mr. O'Malley, that 
the appointment be confirmed. The motion was adopted on a vote of 
six to one, Mr. Stone voting "No". Mr. Shevin spoke of his conference 
with Mr. Kuperberg and his satisfaction that he could fill the 
position well. 



Because of afternoon appointments, Mr. O'Malley found it necessary to 
leave the board meeting that had extended well into the afternoon 
after a lunch recess during the presentation of the lengthy agenda 
of the Board of Natural Resources. 



PALM BEACH COUNTY - Bulkhead line, Section 253.122, Florida Statutes. 
The City of Lake Worth by Ordinance No. 70-21 adopted on July 20, 
1970, relocated an existing bulkhead line 590.77 feet long in Lake 
Worth adjacent to State Road 802 (Lake Avenue) in Sections 26 and 
27, Township 44 South, Range 43 East, Palm Beach County, to 
accommodate construction of a four-lane bridge and road relocation 
immediately adjacent to an existing causeway. This bulkhead line 
appeared on the advance agenda on October 6, 1970. 



3-16-71 



227 



The biological report indicated that the area to be affected by the 
new fill approach is not a shallow grassy bottom, but care should 
be taken to contain the trucked-in fill material at the fill site. 

On motion by Mr. Christian, seconded by Mr. Stone and adopted 
without objection, the Board approved the bulkhead line established 
by the City of Lake Worth. 



PALM BEACH COUNTY - File No. 2394-50-253.03, Easement, Fill Permit. 
The Department of Transportation requested an easement across a 
parcel of sovereignty land in Lake Worth embracing 4.01 acres abutting 
Sections 26 and 27, Township 44 South, Range 43 East, City of Lake 
Worth, palm Beach County, for causeway and bridge right of way on 
State Road 802. 

The Department also requested approval of a fill permit authorized 
by the City of Lake Worth Resolution No. 69-70 adopted December 7, 
1970, for 2.77 acres for causeway construction. Trucked-in fill 
material will be used to fill the parcel that is landward of the 
bulkhead line above. The Area Planning Board of Palm Beach County 
had no objection. 

The biological report dated August 31, 1970, was not adverse to the 
bridge construction over Lake Worth, but cited limited adverse 
effects to be expected from the filling. 

The staff recommended that the easement be issued and the fill permit 
approved, the latter to be issued in the name of the contractor with 
a stipulation that all material be obtained from upland sources and 
the work be subject to normal stipulations as to filling. 

On motion by Mr. Christian, seconded by Mr. Stone and adopted 
without objection, the Board approved the staff recommendations. 

HILLSBOROUGH COUNTY - Lease Assignment. 

On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the Board consented to assignment of a Lease 
Agreement dated August 15, 1961, between the State Board of Education 
and the Trustees of the Diocese of Central Florida, to the Diocese 
of Southwest Florida, Inc. 

The property was part of the campus of the University of South 
Florida. The instrument of assignment was reviewed and approved 
as to form and legality by the general counsel for the Board of 
Education. 



PALM BEACH COUNTY - Road Right of Way. 

On motion by Mr. Christian, seconded by Mr. Stone and adopted 
without objection, the Board approved a request from the Department 
of Transportation, also approved by the Department of Health and 
Rehabilitative Services, for an easement for road right of way in 
connection with State Road 9 (1-95) embracing 0.055 acre in the SE% 
of Section 33, Township 44 South, Range 43 East, Palm Beach County, 
being part of A.G. Holley State Hospital property in Lantana. 

The Department of Transportation had agreed to relocate a fence 
at that departments expense . 



3-16-71 



228 



DADE COUNTY - Campsite Lease. 

On motion by Mr. Stone, seconded by Mr. Conner and Mr. Christian, 
adopted without objection, the Board approved the application from 
Isaac Dalton Cathey and John C. Tucker for renewal of Campsite 
Lease No. 2172 in Biscayne Bay for one year with option to renew 
on a year-to-year basis for four additional years, at an annual 
rental of $300. The request conforms to the policy of April 7, 1970, 
allowing lease as long as the structure remains on the site, and the 
October 6 policy establishing an annual rental of $300 for a 
quarter-acre site. 



DADE COUNTY - Fill Permit, Section 253.124(8), File No. 164. 
Public Works Department of Metropolitan Dade County requested a 
permit to fill two eroded areas along Rickenbacker Causeway, as 
follows: (1) Station 22+00 to Station 554-50 not exceeding 25 ft. 
wide and consisting of 1.89 acres in Section 54, Township 13 South, 
Range 41 East, and (2) from Station 110+50 to 131+00 not exceeding 
25 ft. wide and consisting of 1.2 acres in Section 54, Township 13 
South, Range 41 East, Dade County. The material would be trucked 
from an upland area. 

Motion was made by Mr. Stone, seconded by Mr. Christian, and 
adopted that the permit be approved provided the county explore 
the feasibility of placing riprap to retain the fill material as 
suggested by Governor Askew. 



PINELLAS COUNTY - State Dock Permit, Section 253.03 F.S. 
On motion by Mr. Christian, seconded by Mr. Stone and adopted 
without objection, the Board approved the application of Jenard M. 
Gross for a state commercial dock permit for a dock application 
that was approved by Pinellas County Water and Navigation Control 
Authority under Permit No. 5527 prior to August 11, 1970, the 
date of policy change relative to state marina licenses. 



POLK COUNTY - Marina License, Section 253.03 F.S. 
At the request of Attorney General Shevin, action was postponed 
one week on the application of Stephen W. Keen for a marina 
license for construction of a mooring facility in Crooked Lake. 



MARTIN COUNTY - Settlement. 

The Field Operations Division reports an unauthorized operation by 

Julian B. Slevin consisting of connecting an upland boat basin 

to the St. Lucie River. Nineteen cubic yards of material had been 

removed from sovereignty bottoms in the St. Lucie River adjacent 

to the applicant's upland property in Section 35, Township 36 South, 

Range 41 East, Martin County. 

The staff recommended acceptance of the applicant's check for $100 
as penalty payment for the material removed, and $50 application fee 

On motion by Mr. Conner, seconded by Mr. Christian and adopted, the 
settlement was approved without objection. 



PINELLAS COUNTY - Bulkhead Line Revision and Dredge and Fill 

Permit Denial. 
On February 16, 1971, Pinellas County Water and Navigation Control 
Authority denied the request of H. Sage Thompson for a bulkhead 
line revision and modification of Dredge-Only Permit No. 187 in 



3-16-71 



229 



St. Joseph's Sound. The biological report from the Department of 
Natural Resources dated July 9, 1S70, v/as adverse. 

On motion by Mr. Christian, seconded by Mr. Stone and adopted 
without objection, the Board concurred with Pinellas County's 
action denying the application, as recommended by the staff. 



GULF COUNTY - Artificial Reef Permit. 

The City of Port St. Joe requested permission to construct ten 
artificial reefs at specified locations in the Gulf of Mexico, Gulf 
County, each reef to consist of twenty cars in groups of five and 
165 ft. long, 24 ft. wide, 5 ft. high and 400 yards apart, as 
recommended by the Department of Natural Resources . 

On motion by Mr. Dickinson, seconded by Mr. Stone and adopted 
without objection, the Board approved issuance of the permit for 
$50 processing fee. 

SANTA ROSA COUNTY - Oil and Gas Drilling Lease. 

On February 2 the Trustees authorized the staff to advertise for 
sealed bids for a five-year oil and gas drilling lease of the 
one-half reserved interest of the State of Florida in all of Lot 2, 
Section 12, Township 5 North, Range 30 West, less the South 22^ 
chains, containing 56.235 surface acres (28.117 net mineral acres). 
Invitation to bid was advertised in the Tallahassee Democrat and 
the Milton Press-Gazette pursuant to law, proof of publication 
filed in the Trustees ' office, and the three bids received were 
opened at 10:00 a.m. on this date. 

The following bids were received; Humble Oil & Refining Company, 
$58,528.12; Sun Oil Company, $38,042.98; and Pennzoil United, Inc., 
$2,839.87. The Director recommended acceptance of the high bid. 

On motion by Mr. Stone, seconded by Mr. Dickinson and adopted 
without objection, the Board accepted the high bid and authorized 
issuance of the oil and gas drilling lease to Humble Oil & Refining 
Company. 



LEE COUNTY - Advertise Oil and Gas Lease. 

Staff requested authority to advertise for sealed bids for a five 
year oil and gas drilling lease covering a tract owned by the Trustees 
approximately 12 miles southeast of Fort Myers described as Government 
Lots 3 and 4, Section 2, Township 46 South, Range 26 East, containing 
80.28 acres, more or less, in Lee County. 

The State Geologist reviewed and concurred in the following terms 
and conditions: 1/8 royalty, annual rental $1 per acre, $50,000 
surety bond, and one test well every 2h years to a depth of 6,000 
feet or to the top of the Lower Cretaceous, whichever is deeper. 

On motion by Mr. Dickinson, seconded by Mr. Conner and Mr. Christian, 
adopted without objection, the Board authorized the advertisement 
for bids. 



MONROE COUNTY - Minutes Amended. 

On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
without objection, the Board authorized amendment to the minutes 
of February 16, 1971, pertaining to the Rimersburg Coal Company 



3-16-71 



230 



dredge permit in order to add the dimensions of the three access 
channels 50 ft. wide, 500 ft. long, and 5 ft. deep. 

The agenda had shown 10 ft. deep, but the depth was modified to 5 ft, 



SHELL LEASE INCOME - For the Record. 

On motion duly adopted, the Board received for the record the 
report of income received by the Department of Natural Resources 
from the following holders of dead shell leases: 

Lease No. Company _____ Amount 

1718 Radcliff Materials, Inc. $40,000.00 

1718 Radcliff Materials, Inc. 6.30 

2233 Bay Dredging & Construction Co. 4,607.29 

2235 Ft. Myers Shell & Dredging Co. 630.90 



BAY COUNTY - Mariculture Lease Amendment. 

At the request of Secretary of State Stone, the Board deferred for 
one week consideration of the request from Marifarms, Incorporated, 
for amendment of Mariculture Lease No. 2408 covering West Bay 
submerged land in Bay County. 



SANTA ROSA COUNTY - Marina License, Section 253.03 F.S. 
The staff recommended approval without fee for a public facility 
requested by the Department of the Navy, Commanding Officer, 
Southern Division, Naval Facilities Command, consisting of a 
fishing and mooring facility over 3,600 square feet in the Black- 
water River abutting Section 35, Township 2 North, Range 28 West, 
Santa Rosa County, that was deferred by the Trustees on January 26. 

No dredging would be required. The Department of Air and Water 
Pollution Control had no objection, and the biological report from 
the Florida Game and Fresh Water Fish Commission was not adverse. 

On motion by Mr. Dickinson, seconded by Mr. Stone and Mr. Christian, 
and duly adopted, the Board approved the marina license without 
charging a fee for the public facility. 



MONROE COUNTY - Stilt Houses in Marquesas Keys. 

On January 19 the Board agreed to join with the District Engineer 
and the Bureau of Sport Fisheries and Wildlife in posting notices 
on stilt houses constructed without authorization in the area 
lying within the boundaries of Key West National Wildlife Refuge 
in Monroe County established on August 8, 1908, by Executive Order 
signed by President Theodore Rossevelt. The posting was completed 
and the notices to owners requested that plans be furnished by 
March 11 for complying with the Board's directive to remove the 
structure from the premises. 

By telegram Congressman Dante B. Fascell requested the Board to 
grant a 90-day extension for the purpose of holding public hearings, 
to afford the affected individuals due process. Mr. William Ashe, 
representative of the United States Fish and Wildlife Service in 
Atlanta, indicated no objection to holding such hearings. 

The staff recommended extension of the notice period for 90 days 
commencing March 11, and that the staff participate in the public 
hearings . 



3-16-71 



231 



On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the Board accepted the staff recommendations. 



Governor Askew expressed appreciation on behalf of himself and the 
cabinet to Mr. Fred Vidzes for serving as interim Executive Director 
for the Board of Trustees during a very difficult time, pending the 
appointment of a permanent director. 



On motion duly adopted, the meeting was adjourned. 




CHAIRMAN 



ATTEST: 



^f^tVu 




INTERIM EXECUTIVE DIRECTOR 



Tallahassee, Florida 
March 23, 1971 

The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the Haydon Burns Building in 
Tallahassee, Florida, with the following members present: 

Reubin O'D. Askew Governor 

Richard (Dick) Stone Secretary of State 

Robert L. Shevin Attorney General 

Fred 0. Dickinson, Jr. Comptroller 

Thomas D. O'Malley Treasurer 

Floyd T. Christian Commissioner of Education 

Doyle Conner Commissioner of Agriculture 



Fred Vidzes Interim Executive Director 



The minutes of March 9 were approved as submitted. 

With reference to the minutes of March 16 that would be submitted 
for approval next week, Mr. Christian had requested clarification 
and Governor Askew said the minutes should reflect that the request 
of the Board to ask the Attorney General to intervene in the Aerojet- 
General Corporation suit was that he do it in the nature of associate 
counsel and not with the idea of trying to displace the principal 
counsel. 



PALM BEACH COUNTY - Lake Osborne. 

On March 9 and 16 the Board had considered the dredging in Lake 
Osborne, notified the county to stop immediately and subsequently 
through Mr. Herbert Benn, Assistant Attorney General, filed a 
petition to intervene in a suit styled Federated Conservation 
Council vs. Board of County commissioners, Palm Beach County, et al, 
and requested Mr. Benn to plead the state's cause in this matter. 



3-23-71 



232 

Attorney General Shevin advised the Board regarding a hearing and 
that the Circuit Judge did enter a temporary injunction preventing 
the county from continuing to dredge in Lake Osborne; but the county 
had filed a motion for a rehearing on the temporary restraining 
order and also filed a motion to advance the final hearing. Mr. Shevin 
felt confident that the Board could get a permanent injunction to 
prevent the county from dredging, but he pointed out that they were 
also seeking a reversion of the land because of the serious questions 
as to whether the county had used it for park and recreational 
purposes. The two positions that had been advanced were with respect 
to the reversion and that the county had failed to obtain proper 
dredging permits from the Trustees. 

Governor Askew thanked the Attorney General for the explanation. 



MARTIN COUNTY - File No. 2130-43-253.12, Application Withdrawn. 
Fadina Price and Bettie B. Hoppe of Jensen Beach, Florida, 
represented by W.R. Scott of Stuart, Florida, had submitted an 
application dated June 6, 1968, with application fee of $75 for 
purchase of a parcel of sovereignty land in the Indian River in 
Martin County. Subsequently the applicant requested withdrawal 
of the application. 

The staff recommended deactivation of the file and refund of the 
$75 application fee that was paid prior to adoption of the December 
23, 1969, policy making such a fee non-refundable. 

On motion by Mr. Christian, seconded by Mr. Stone and adopted 
without objection, the staff recommendation was approved as the 
action of the Board. 



VOLUSIA COUNTY - File No. 2393-64-253.129, Disclaimer. 
On motion by Mr. Christian, seconded by Mr. Conner and adopted 
without objection, the Board authorized issuance of a disclaimer for 
$100 processing fee, to Eileen H. Butts, represented by Jay D. Bond, Jr 
attorney, for a parcel of filled sovereignty land embracing 1.4 acres 
in the Halifax River abutting Section 14, Township 14 South, Range 
32 East, Volusia County, for which all required exhibits had been 
furnished including three affidavits indicating that the parcel was 
filled by a predecessor in title prior to May 29, 1951. 



PINELLAS COUNTY - State Construction Permit, Swimming Safety Line. 
The Holiday Inn of Clearwater on February 23, 1971, was denied a 
permit to place a swimmers' safety line adjacent to an existing 
channel near Clearwater Pass by the Pinellas County Water and 
Navigation Control Authority. The Authority had denied the request 
previously, on November 10, 1970. 

On motion by Mr. Stone, seconded by Mr . Christian and adopted 
without objection, the Board concurred with the Pinellas County 
Authority's action denying the application. 



PINELLAS COUNTY - Marina License, Section 253.03 F.S. 
Sea Island Apartments Condominium No. 3 applied for a marina 
license for an existing mooring facility covering 615 square feet 
in Clearwater Harbor abutting Section 5, Township 29 South, Range 
15 East, Pinellas County. $100 minimum annual fee was tendered, 
no dredging was required and the Department of Air and Water 
Pollution control had no objection to the project. 



3-23-71 



233 



Motion was made by both Mr. christian and Mr. Stone, seconded by 
Mr. O'Malley, and adopted without objection, that the Board approve 
issuance of a marina license with effective date of January 1, 1971 



PINELLAS COUNTY - Marina License, Section 253.03 F. S. 
W. R. Marsh of Madeira Beach, Florida, applied for a marina license 
for an existing mooring facility containing 265 square feet in Boca 
Ciega 3ay abutting upland in Section 15, Township 31 South, Range 
15 East, Pinellas County. $100 minimum annual fee was tendered, 
no dredging was required, and the Department of Air and Water 
pollution Control had no objection to the project. 

Motion was made by Mr. Stone, seconded by Mr. Christian and Mr. 
O'Malley, and adopted without objection, that the Board approve 
issuance of a marina license with effective date of January 1, 1971 



PALM BEACH COUNTY - Corps of Engineers Notices. 

Thomas J. Birmingham, Kelly Defee, Dan Burcham, Jim Trapp, and Carl 
Wegener, represented by William G. Wallace, Inc., requested a permit 
from the United States Corps of Engineers to seawall and fill in an 
area in a land-cut section of Intracoastal Waterway in Section 5, 
Township 42 South, Range 43 East, Palm Beach County. 

It appeared that the provisions of Section 253.124 did not apply to 
the project located within a land-cut, and the staff requested authority 
to issue a letter of no objection to the Corps of Engineers' notice. 
Mr. Vidzes explained that this question of jurisdiction was presented 
to the Board, and the staff opinion was that no permit was required 
for the reason that these lands were upland into which a canal had 
been dug. 

Governor Askew commented that it was an artificial waterway in which 
the applicant desired to construct a backup seawall. 

Mr. Stone made a motion for approval. Mr. Shevin made a motion that 
the staff recommendation be denied but there was no second to his 
motion. Mr. Christian then seconded the motion made by Mr. Stone. 

Mr. Shevin based his position on his view that the application would 
come within Florida Statutes 253.124 under the key phrase "bordering 
on" or in navigable waters of the state, and a dredge permit must 
be obtained. 

Governor Askew suggested deferment until the Board has a legal opinion 
from the Attorney General, whereupon Mr. Stone withdrew his motion 
and requested a two weeks' deferrment and an Attorney General's 
opinion on whether or not the application comes within the statutory 
requirement. It was so ordered. 



RECORDS DISPOSAL, TRUSTEES' OFFICE. 

On motion by Mr. Conner, seconded by Mr. Christian and adopted 
without objection, the Board authorized the Interim Executive Director 
to execute a request for records disposal to the Division of Archives, 
History and Records Management, Department of State, for a large 
volume of letters, form letters, and petitions containing over 9,000 
signatures received in 1968 from the "Save Our Waterways Committee" 
on a moratorium on land sales. All statistical data had been 
tabulated and recorded and the records had no further value. 



3-23-71 



234 

PATENTS, TRADEMARKS AND COPYRIGHTS - Chapter 70-440 F. S. 

Under Chapter 70-440 legal title to any patent, trademark or copyrights 

held or acquired by the State was transferred to the Board of Trustees 

with authority to enforce the rights of the State in these matters, 

protect against improper and unlawful use and infringement, enforce 

collections of any sums due. The law also provided for the Board of 

Trustees to sell any of the patents, trademarks or copyrights and 

to execute any and all instruments on behalf of the State necessary to 

consummate any such sale; and the law provided authority to license, 

lease, assign to any person, firm or corporation for the manufacture 

or use on a royalty basis or other consideration. 

Chancellor Robert B. Mautz of the State University System requested 
transfer to the Board of Regents of any rights and interest held by 
the Board of Trustees in a Device for Automatic Speech Sound Recognition 
and Control developed by Dr. Anthony Holbrook, a faculty member of 
Florida State University. It had been indicated that the device 
probably would not be capable of being patented to any worthwhile degree; 
however, a non-profit corporation, Saber, Inc., was interested in 
attempting further development and marketing. Should the efforts 
succeed the University would benefit from the revenue and utilize it 
in its research program. 

Motion was made by Mr. Stone, seconded by Mr. Christian, and adopted 
without objection, that the Board of Trustees transfer to the Board 
of Regents any rights and interest held by the Trustees under Chapter 
70-440 in the device. 



INDIAN RIVER COUNTY - File No. 2386-31,253.12, Sale Deferred. 
Consideration of sale of a parcel of filled sovereignty land in the 
Indian River abutting Section 8, Township 31 South, Range 39 East, 
Indian River County, was removed from the agenda at the request of 
the applicant, the Estate of W. G. Bosworth, Deceased, represented 
by Fobert F. Lloyd, who desired to have an appraisal made by an 
appraiser of his choice. 



BAY COUNTY - Mariculture Lease No. 2408 Amendment. 

The staff requested authority to execute an amendment to Mariculture 
Lease No. 2408 covering West Bay submerged land in Bay County. The 
amendment, approved by Staff Counsel, was an acknowledgment of 
prepaid rent with a clarification as to when rental payments will be 
due in the future . 

On motion by Mr. Conner, seconded by M!r . Christian and adopted 
without objection, the Board authorized execution of the amendment 
to Lease No. 2408. 

Mr. Shevin said he voted affirmatively, but allegations in a suit 
filed by a fishing association against Marifarms, Inc., should be 
brought to the attention of the Trustees and investigated to see if 
they constitute a violation of the lease agreement, and whether 
or not the Trustees would want to cancel the lease if, in fact, a 
violation has occurred. 



POLK COUNTY - Marina License, Section 253.03 F. S. 

On the request of the Director, the application of Stephen W. Keen, 
Keen Fruit Company, for a marina license for a mooring facility 
in Crooked Lake, Polk County, was withdrawn from the agenda. 



3-23-71 



235 



During the deferment the staff would investigate a reported illegal 
dredging and filling. 



SARASOTA COUNTY - Seawall Permit. 

F. Warren Rice requeste d authority to install a seawall above mean 
high water line of Little Sarasota Bay in Section 9, Township 38 
South, Range 18 East, Sarasota County. 

The staff requested authority to issue a letter of no objection for 
the installation, since the seawall would be above the mean high 
water line. 

On motion by Mr. Christian, seconded by Mr. Stone and adopted without 
objection, the Board approved the request. 



DUVAL COUNTY - Dredge Permit. 

A request from Commodores Point Terminal Corporation had been placed 
as an addendum on the agenda, but on this date the Director asked for 
removal of the addendum. 

It was so ordered. 



SUBJECTS UNDER CHAPTER 18296 
ST JOHNS COUNTY - Corrective Murphy Act Deed, Report No. 981. 
On motion by Mr. Stone, seconded by Mr. Conner and adopted without 
objection, the Board authorized issuance of County of St. Johns 
Deed No. 999-Corrective to the Deltona Corporation in lieu of a 
deed dated Septermber 25, 1970, to the same grantee, for the purpose 
of correcting an error in the description of the land. 



REFUND - Murphy Act. 

On motion by Mr. Christian, seconded by Mr. Stone and adopted 

without objection, the Board authorized issuance of $15 refund to 

Sidney Efronson, an applicant for release of the State Road right 

of way reservation contained in Dade County Murphy Act Deed 

No. 2807, for the reason that the Department of Transporation did 

not recommend release of the reservation. 




On motion duly adopted, the meeting was adjourned. 

GOVERNOR - CHAIRMAN 

ATTEST i lfa£ ViJ'riS*' 

INTERIM EXEG^IVE DIRECTOR 



3-23-71 



236 



Tallahassee, Florida 
March 30, 1971 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the Haydon Burns Building in 
Tallahassee, Florida, with the following members present; 

Reubin O'D. Askew Governor 

Richard (Dick) Stone Secretary of State 

Robert L. Shevin Attorney General 

Fred 0. Dickinson, Jr. Comptroller 

Thomas D. O'Malley Treasurer 

Floyd T. Christian Commissioner of Education 

Doyle Conner Commissioner of Agriculture 



Fred Vidzes Interim Executive Director 



The minutes of the meeting of March 16 were approved as submitted. 



TECHNICAL ADVISORY COMMITTEE ON FILL - Report. 

On September 15, 1970, the Board authorized a review of the value 
of fill material secured from state-owned lands. The Technical 
Advisory Committee on Fill had submitted a report to all members 
signed by Mr. Richard B. Hellstrom, chairman of the committee. 

On motion by Mr. Dickinson, seconded by Mr. Stone and adopted without 
objection, the Board received the report that would be considered on 
April 13. 



BAY COUNTY - State Marina License, Section 253.03 F.S. 
On February 3, 1970, the Trustees approved issuance of a State 
Commercial Dock Permit (CD-1635) to Major Clyde Weber for a 
commercial marina facility in Pitts Bayou in St. Andrews Bay in 
Section 24, Township 4 South, Range 14 West, Bay County. All 
required exhibits were furnished and no objections had been 
received at the time of issuance of the permit. 

The City of Parker issued license No. 209 to the applicant on 
February 13, 1970. The city has no current zoning regulations 
or other building limitations in Pitts Bayou. 

Numerous objections (25) were received from local residents 
subsequent to issuance of the state permit. An on-site investi- 
gation by Field Operations indicated that the primary objection 
by local residents is directed toward further commercial expansion 
in Pitts Bayou. Objectors were notified that an application for 
a marina license would be considered today. 

Due to delay in issuance of the Corps of Engineers permit, the 
applicant was unable to begin construction within the required 
time limit of 120 days as provided by the state permit granted at 
that time. Major Weber reapplied for state approval under a 
marina license for 115-foot, 10-slip facility. The previously 
authorized structure was 170 feet long and provided 22 slips. 
The area of the proposed marina is 5190 square feet, and annual 
license fee will be $103.80. 



3-30-71 



237 



The Department of Air and Water pollution Control, the Department of 
Natural Resources and the Game and Fresh Water Fish Commission had 
no objections. The Corps of Engineers had established no official 
oier line in Pitts Bayou; however, a tentative line had been set and 
was being used as a guide line for issuing permits. Any structure 
falling landward of the proposed pier line should not interfere 
with navigation, that would be considered a reasonable distance to 
extend a pier into the Bayou, and the proposed marina was landward 
of the proposed pier line . 

The staff recommended that the applicant be granted a marina license 
and that the $100 fee paid for permit CD-1635 be applied toward the 
first year's license fee. 

Motion was made by Mr. Dickinson, seconded by Mr. Stone, that the 
application be approved. 

Mr. Emerson Sweat, representing objectors, filed petitions against 
issuing the marina license and spoke against allowing further 
commercialization in Pitts Bayou in a residential area that he said 
had reached the saturation point and the marina environment would 
create erosion problems, pollution, and adversely affect marine life 
and public recreational use in the relatively small bayou. 

The members pointed out the city had zoning authority but had not 
adopted any zoning regulations, that the application had received 
no objections from state agencies from the ecological or pollution 
standpoint, and although the members understood the residents' 
objections they could not superimpose zoning authority over the 
City of Parker . 

The above motion was not adopted and a motion was made by Comptroller 
Dickinson, seconded by Secretary of State Stone, and adopted without 
objection, that action be deferred for two weeks to allow the 
objectors to contact their elected city officials and to secure some 
affirmative action by the city toward zoning the Pitts Bayou area. 
Governor Askew did not say that the 3oard would deny this application, 
but he thought the interested parties would be in a better position 
if the city had made a commitment. 



BAY COUNTY - Dredge Permit, Section 253.123 Florida Statutes, 

File No. 729. 
The Town of Mexico Beach applied for a maintenance dredge permit 
authorizing removal of 2,500 cubic yards from an existing canal 
200 ft. long, 50 ft. wide, 5 ft. deep, adjacent to Section 22, 
Township 16 South, Range 12 West, in the Gulf of Mexico, Bay County. 
The applicant requested a permit valid for three years because of 
constant siltation of the channel. All material removed would be 
used for adjacent down-drift public beach nourishment. 

The biological report was not adverse. The Bureau of Beaches and 
Shores concurred in the project. 

On motion by Mr. Dickinson, seconded by Mr. Christian and Mr. O'Malley, 
adopted without objection, the Board approved the permit for $50 
processing fee, subject to the requirement that the town notify the 
the staff prior to each dredging operation. 



3-30-71 



238 

DUVAL COUNTY - Emergency Dredge Permit, Section 253.123, F. S. 

File 658 
Harrell Marine, Inc., applied for an emergency maintenance dredge 
permit authorizing removal of 10,500 cubic yards of silt material 
from an existing boat basin in Section 32, Township 2 South, Range 
29 East, intracoastal Waterway, in Duval County. The application 
was on the agenda on January 12 and deferred because of the moratorium. 
The area is approximately 650 ft. long, 200 ft. wide, and will be 
redredged to 6 ft. and 8 ft. deep. The dredged material will be 
placed within a diked area on the upland. The engineer stated that 
the material has no value for commercial use. Applicant posted a 
bond and a check representing one dollar per cubic yard for the 
material . 

The biological report dated September 21, 1970, was adverse to 

depositing the spoil in low marsh areas. After revision of the 

spoil area, the biological report of November 13, 1970, was not 
adverse . 

The Secretary of State requested deferment for one week, but after 
hearing the details of the application as presented by Mr. Eli H. Fink, 
representing the applicant, Mr. Stone withdrew his deferment request. 
He noted that the later biological report was not adverse. 

Mr. Fink said the permit was urgently needed, that the marina existing 
at that location for about fifteen years had to dredge silt from the 
channel and slips about every four years to allow boats to get in and 
out, that at low tide now the boats in the slips rest on mud. The 
applicant firm had tried" to meet every requirement of the various 
state agencies since the request was submitted last fall and about a 
month ago Mr. Fink's law firm was called on for assistance in securing 
the permit. He stressed the necessity of opening the channel and 
basin for the applicant to continue to operate the marina. 

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



PASCO COUNTY - Core Boring Permit. 

Florida Power corporation requested authority to make eleven core 
borings in its proposed water discharge channel in the Gulf of Mexico 
adjacent to Section 27, Township 26 South, Range 15 East, Pasco County. 

The work would be done with a floating drill rig, would take approximately 
thirty days, and would be performed in accordance with staff recom- 
mendations to determine the type of material that is in the proposed 
dredge area as a preliminary to the dredge permit application. The 
staff recommended approval. 

Mr. Shevin desired to know about the total project, expressing 
concern about considering a permit on a piece-meal basis without 
seeing the complete plan. The Director explained that the staff 
had been told of the complete comprehensive project, had brought 
in other state agencies, and a conference was requested with the 
cabinet aides. The core borings were needed to locate where the 
canal should be placed for the oil-fired steam-electric generating 
station on the applicant's property on the Anclote River. 

At. Mr. Shevin 's request, the Trustees deferred consideration for two 
weeks and asked for a report on the position of the Department of 
Air and Water Pollution Control on the proposed project. 



3-30-71 



239 



PINELLAS COUNTY - Dredge and Fill Permit Denial. 
On March 2, 1971, Pinellas County Water and Navigation Control 
Authority denied the application of Stanley J- Reynolds for a permit 
to dredge and fill in St. Joseph's Sound at Crystal Beach in Section 
3, Township 28 South, Range 15 East, Pinellas County. 

The biological report was adverse and the staff recommended 
concurrence in the denial. 

On motion by Mr. Conner, seconded by Mr. Christian and adopted 
without objection, the Board concurred in the county's action denying 
the dredge and fill permit. 



PINELLAS COUNTY - State Dock Permit, Section 253.03 F. S. 
The staff recommended issuance of a state commercial dock permit for 
an application from Paul Piedmont that was approved by Pinellas 
County Water and Navigation Control Authority under Permit No. 5426 
prior to August 11, 1970, the effective date of the Trustees' policy 
changes relative to marina licenses. The applicant had tendered $100 
processing fee. 

On motion by Mr. Stone, seconded by Mr. Dickinson and adopted 
without objection, the Board approved issuance of the permit. 



DUVAL COUNTY - Dredge and Fill Permit, Files 253.123-737, 

253.124-169. 
The United States Coast Guard requested approval of a permit for 
removal of 12,000 cubic yards of material from an area 330 ft. long, 
130 ft. wide, 10 ft. deep, to fill 0.25 acre, more or less, in the 
St. Johns River adjacent to unsurveyed Section 30, Township 1 South, 
Range 29 East, Duval County. 

The proposed fill area was dedicated to the applicant on February 
2, 1971, was landward of the bulkhead line approved on that date, 
and the project was deemed a public necessity. The biological 
report of March 9, 1970, was adverse to filling but not to dredging, 

On motion by Mr. Stone, seconded by Mr. Dickinson and adopted 
without objection, the Board approved the dredge and fill permit 
requested by the Coast Guard. 



OSCEOLA AND POLK COUNTIES - Lake Hatchineha boundary line agreement, 

conveyance and navigation access channel. 
Florida Ridge Cattle company requested the Board to enter into a 
boundary line agreement establishing the 53.0 ft. mean sea level 
elevation by traverse as the boundary line between public and private 
lands relating only to this area of Lake Hatchineha abutting Sections 
33,34 and 35, Township 28 South, Range 29 East, and Section 2, 
Township 29 South, Range 29 East, Polk County. The agreement would 
not be construed to mean that either party admits to ownership of the 
other party of any portion of the lands subject to the boundary line 
agreement. A major development was planned for the upland and the 
applicant desired to have the boundaries resolved before any further 
planning. Representatives of the applicant and developer indicated 
that no construction would occur lakeward of the crest of the 
existing natural escarpment, which would be included as a covenant 
in the articles of agreement. 



3-30-71 



240 



In consideration for entering into the agreement the applicant would 
convev to the Trustees approximately 145 acres of land adjacent to 
and including Catfish Creek lying within Sections 13 and 14, Township 
29 South, Range 28 East, Polk County. It is proposed that the creek 
and its marginal lands be included in a Wilderness Area pursuant to 
Chapter 70-355, "State Wilderness System Act." A verbal report by the 
Game and Fresh Water Fish Commission approved Catfish Creek as a 
desirable addition to the 'Wilderness System. 

Also, the applicant will relinquish any right, title and interest 
he may have in Big Gum Lake, a non-meandered lake that was conveyed 
into private ownership by the United States through direct patent. 
Before any instruments would be accepted from the applicant, he 
would be required to furnish a title certificate showing that the 
lands are free from all liens and encumbrances, together with 
prepayment of any taxes due on the lands subject to conveyance. 

As part of the package the applicant request approval of three 
navigation channels connecting uplands with the lake. The biological 
report recommend that channels be limited to a 30 Ft. top width. 
Maximum depth of each channel will vary from 6.5 ft. at 53.0 m.s.l. 
diminishing 0.00 ft. at 46.0 ft. m.s.l. An estimated total quantity 
of 7000 cu. yds. will be excavated from the channels. Satisfactory 
assurances were submitted that an amount up to $7,000, representing 
$1 per cubic yard charge for material, will be made available payable 
to the Trustees. 

The 55.0 ft. mean sea level elevation would be the upper limit of the 
flood plain referred to in the articles of agreement. The agreement 
would contain a hold-harmless covenant that would save the Flood 
Control District and the Trustees from any liability due to flooding 
of lands up to and including the 55.0 ft. elevation, by virtue of any 
future regulation of lake levels under the Central and Southern 
Florida Flood Control project. 

The staff recommended approval of the boundary line agreement as 
explained above. 

Motion was made by Mr. Dickinson, seconded by Mr. Stone, that the 
recommendation be approved. 

Mr. Shevin referred to the lengthy opinion from Mr. Henry Kittleson 
and questioned the 53 ft. mean sea level elevation. Mr. Vidzes said 
that would provide a needed meets and bounds description, that the 
Central and Southern Florida Flood Control District would try to 
maintain the top level of 53 ft. stage elevation in that lake, that 
would be a 53 ft. traverse and the point where the boundary between 
public and private ownership would occur. The hold-harmless clause 
would protect the state and the District against any liability due 
to flooding. Mr. Vidzes pointed out on a map the holdings of the 
Florida Ridge Cattle Company, the proposed boundary lines and 
the wilderness area that would be conveyed to the state, and a part 
of Big Gum Lake to be conveyed to the state as additional consideration, 
Ha thought the Catfish Creek wilderness area might be protected from 
any adverse activity occurring in the privately owned parcel. The 
applicant had agreed to convey lands on either side of Catfish Creek 
necessary to preserve the area in its natural state. It was explained 
that Big Gum Lake was conveyed in its entirety by the United States, 
the State never had any interest or clear-cut jurisdiction, but 
obtaining a portion of it might give the Board an opportunity of 
asserting jurisdiction. 



3-30-71 



241 



Mr. Bruce Wilson, engineer with the applicant firm, showed photographs 
of the Catfish Creek area that would be dedicated as a wilderness 
area. Mr. Stone suggested that the state should acquire the 
privately-owned parcel. 

Mr. Don Williams, owner of a fishing camp on the river near the 
project, objected because the state would not have the access parcels 
into Lake Pierce on one end and Lake Hatchineha on the other. The 
Governor said the applicant did not own the outlets into the lakes. 
Mr. Williams further objected that there should be a biological 
study on the effect of the 53 ft. contour on these lakes. 

Mr. O'Malley questioned the advisability of the procedures used for 
establishing the proposed boundary lines, pointing out the specific 
criteria in the statutes; and he asked for more detailed information 
on the effect of the agreement on the area between the water marsh 
and the dike and tree line along the berm, and just what jurisdiction 
the state would retain in the future development around the lake. 
Mr. Vidzes explained that this was for only part of the lake, the 
Trustees had already conveyed to the 52h. ft. contour on the east side 
a number of years ago, the 53 ft. contour was very close to the 
original ordinary high water mark, the staff had studied the factual 
material and went into this matter very thoroughly, the 53 ft. 
elevation would not be binding elsewhere, and the staff had tried to 
furnish complete information to the cabinet aides. The Department 
of Air and Water Pollution Control had considered the project and 
would check on the internal canal structure designs. The covenant 
would restrict any development from the top of the berm toward the 
lake. A flowage easement above the 53 ft. to the 55 ft. contour 
indicated that this area will be susceptible to flooding. The 
control elevation had been determined by the Corps of Engineers and 
the Central and Southern Florida Flood Control District, predetermined 
by a hydrological study conducted in conjunction with the overall 
drainage project of the District. 

The applicant requested approval of three navigation channels and 
the staff had requested biological report from the Game and Fresh 
Water Fish Commission, copy of which was furnished to each member. 
It did not appear to offer sufficient information for the members, 
however . 

Mr. O'Malley requested deferment because of his concern as to the 
specific steps outlined in the statutes to determine boundary 
lines, his concern as to the effect of dredging and spoil areas, and 
the neea for a more specific biological report. Governor Askew 
suggested an opinion from the Attorney General if there was any 
question about following the statutes. 

Mr. Milton Bevis, attorney with the firm of Helliwell, Melrose and 
DeWolf, representing the owner, spoke of their four-month's work 
and adjustments at each state agency's request, their plan not to 
develop the lake front, an independent opinion by Mr. Henry Kittleson, 
and a memorandum Mr. Bevis' firm presented to the staff three months 
ago. 

Mr. O'Malley felt that he did not have sufficient information to 
exercise good judgment. Motion was made by Mr. O'Malley, seconded by 
Mr. Conner and adopted (Mr. Dickinson having withdrawn his earlier 
motion) , that the matter be deferred for six weeks to secure a 
biological report on the effect of the canalization of the property 
and to obtain an opinion from the Attorney General on the legal 
authority of the Board to enter into this type of agreement without 
exercising the criteria in the statutes. 



3-30-71 



242 

Attorney General Shevin made a brief report to the 3oard on his action 
pursuant to the direction of the Trustees, to file two motions in the 
Aerojet General Corporation case requesting scheduling at a later date 
and permission to file supplementary material. 



SUBJECTS UNDER CHAPTER 18296 
OKALOOSA COUNTY - Murphy Act Sale. 

On motion by Mr. Dickinson, seconded by Mr. Stone and adopted with- 
out objection, the Trustees approved sale and execution of a deed 
under provisions of Section 197.350 Florida Statutes to Robert E. 
Helms for the high bid of $100 for a parcel of land in Okaloosa 
County described as Lot 12, Box 12, Garden City, certified to the 
State of Florida under tax sale certificate No. 143 of August 6, 1923, 
The sale was reported on Murphy Act Bidding Report No. 982. 



On motion duly adopted, the meeting was adjourned, 



GOVERNOR CHAIRMAN 



ATTEST 






INTERIM EXECUTIVE DIRECTOR 
*** *** *** 



Tallahassee, Florida 
April 6, 1971 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the Haydon Burns Building in Tallahassee, 
Florida, with the following members present: 

Reubin O'D. Askew Governor 

Richard (Dick) Stone Secretary of State 

Robert L. Shevin Attorney General 

Thomad D. O'Malley Treasurer 

Floyd T. Christian Commissioner of Education 

Doyle Conner Commissioner of Agriculture 



Joel Kuperberg Executive Director 



The minutes of the meeting of March 23 were approved as submitted. 



ESCAMBIA AND SANTA ROSA COUNTIES - Utility Dredge Permit, 

Section 253 .123 (2) (b) F. S. 
Humble Oil and Refining Company requested a dredge permit for the 
installation of two 4-inch flow lines in the Escambia River in 
Sections 31 and 33, Township 6 North, Range 29 West, and tendered 
$100 processing fee. 

The biological report was not adverse but recommended that the spoil 
be placed on the upland. The permit would be issued in accordance 



4-6-71 



243 



with the report recommendations. The staff had authority to issue 
utility permits of this kind, but brought the request to the Board 
for informational purposes. The Game and Fresh Water Fish Commission 
offered no objection. 

The grade of pipe used exceeds all minimum requirements and as a 
protective device in the event of a break or a leak, an Otis Safety 
Shutdown Valve will be installed on the line crossing the river that 
will automatically shut off the oil flow. 

On March 9 the staff recommended approval but suggested deferment to 
allow a company representative to be present to explain measures to 
contain any leakage. Members had suggested shut-off valves on each 
side of the river. 

Mr. Stone made a motion that the dredge permit be approved contingent 
upon the company having Otis Safety Shutdown Valves installed on each 
side of the river. The Board desired to provide optimum precautionary 
measures to protect the river from spillage. Discussion followed, 
during which Mr. John Everett and Mr. Jerry Higgs, representing the 
company, testified to the integrity of the pipe to be used, that there 
was practically no chance of its breaking, that because of the 
unsuitableness of the area manual shutdown equipment could not be 
used and automatic equipment would be subject to vandalism and in 
fact, probably would incur more damage that the precautionary measures 
originally proposed by the company and recommended by the staff and 
Dr. Robert Vernon, State Geologist with the Department of Natural 
Resources . 

Motion was made by Mr. O'Malley, seconded by Mr. Christian, adopted 
without objection, that the Board accept the original staff recom- 
mendation for approval of the dredge permit for installation of the 
pipelines with shutdown valves as planned on each side of the river. 



ST. LUCIE COUNTY - Boundary Line Agreement, Land Exchange. 
The application of Lucie Properties, Inc., was deferred at the 
request of the Governor's Office. 



PALM BEACH COUNTY - Corps of Engineer Notices. 

1. Sam G. Crupi requested a permit from the Corps of Engineers to 
place a seawall along the mean high water line in a land-cut 
section of the Intracoastal Waterway in Section 5, Township 42 
South, Range 43 East, Palm Beach County. 

2. Thomas J. Birmingham and others requested a permit from the 
Corps of Engineers to seawall and fill an area in a land-cut 
section of the Intracoastal Waterway in Section 5, Township 
42 South, Range 43 East, Palm Beach County. 

The Board had requested an opinion from the Attorney General as to 
whether the applications came under the provision of Section 253.124 
Florida Statutes. The Trustees' office received copy of the opinion 
just prior to the meeting that placed jurisdiction in the Board of 
Trustees . 

Mr. O'Malley said that the seawall had already been constructed, 
according to a report he had received. He had information that the 
Palm Beach Area Planning Board- had under consideration a violation 
order in the case. 



4-6-71 



244 

At the suggestion of Governor Askew, the Board deferred action for one 
week on Mr. Stone's motion. 



BREVARD COUNTY - Temporary Borrow Easement No. 22 58, 

Dredge and Fill Permit. 
On May 23, 1967, the Trustees approved issuance of temporary easement 
No. 2258 embracing 9.23 acres to the Department of Transportation 
for a borrow area in the Indian River abutting Section 34, Township 
24 South, Range 36 East, Brevard County. The Department of Trans- 
portation requested that the date of expiration of the easement, 
May 1, 1971, be extended to May 1, 1974. The 83,000 cubic yards of 
material from the borrow area will be used for the construction of a 
wayside park adjacent to State Road 520. 

The Department of Natural Resources reviewed the project plan and 
recommended no dredging of the westerly 40 feet of the borrow area. 
The applicant modified its plan accordingly. The Department of Air 
and Water Pollution Control had certified the project. 

The Trustees on December 8, 1970, approved dedication of 4.45 acres 
of sovereignty land in the Indian River to the City of Cocoa for 
a wayside park. The dedication was landward of the established 
bulkhead line. The City of Cocoa issued a dredge and fill permit 
to the Department of Transportation on February 9, 1971, to dredge 
83,000 cubic yards of material and fill 4.45 acres. 

On motion by Mr. Christian, seconded by Mr. Conner and adopted 
without objection, the Board approved the staff recommendation 
for approval of the dredge and fill permit containing the normal 
stipulation with respect to dredging and filling to be issued by the 
contractor, and approved the requested extension of the easement. 



DADE COUNTY - File No. 2396-13-253.03, Easement. 

The staff requested withdrawal from the agenda of a request from the 
Department of Transportation for a right of way easement over 2.96 
acres in Biscayne Bay abutting Sections 9 and 10, Township 53 South, 
Range 42 East, Dade County. 

It was so ordered. 



VOLUSIA COUNTY - Easement for Power Line. 

Florida Power and Light Company requested an additional electric 
transmission line right-of-way 60 feet wide adjacent to an existing 
110 foot wide right-of-way through Section 16, Township 18 South, 
Range 31 East, Volusia County. The company offered $800 per acre 
compensation for easement over the 6.37 acres. An appraisal report 
furnished by the applicant was reviewed by the Trustees' Staff 
Appraiser, who agreed that the compensation offered was equitable. 

The Section 16 was under lease to the Volusia county Board of 
Public Instruction for use by Future Farmers of America. That 
Board had no objection to the easement provided the FFA chapter 
would be allowed to harvest any timber in the right-of-way. The 
applicant agreed to that provision. 

On motion by Mr. Conner, seconded by Mr. Stone and adopted without 
objection, the Board authorized issuance of the easement to Florida 
Power and Light Company subject to the provision requested by the 
Volusia County Board of Public Instruction. 



4-6-71 



245 



COLLIER COUNTY - Mobil Oil Corporation. 

Mobil Oil corporation held oil and gas drilling lease No. 2350-S 
issued October 15, 1968, covering the one-half petroleum interest 
of the Board of Education in Section 16, Township 47 South, Range 28 
East, Collier County. The lease required commencement and completion 
of drilling of at least one test well within the first 2% years of the 
lease, or not later than April 15, 1971. Mobil did drill the No. 1 
Barron Collier Well in the SE% of Section 9, adjacent to the north 
of said Section 16. That well was completed as a producer of oil on 
May 25, 1969, for 118 barrels of oil and 78 barrels of water per day. 
Due to the excessive amount of water the well was reworked and 
re-completed on September 12, 1969, for 157 barrels of oil and 1 
barrel of water per day. Production of oil has now declined to 68 
barrels per day. 

The time involved in evaluating the performance of the marginal 
production from No. 1 Barron Collier Well resulted in a delay in 
commencing to drill an offset well on the area covered by the state 
lease. Therefore, Mobil requested that State Lease No. 2350-S be 
amended to provide for operations for the drilling of a Sunniland 
test well to be commenced on or before June 15, 1971, and drilled 
to completion as required by the terms of the lease. 

The Department of Natural Resources had approved and issued permit 
No. 477 for drilling a test well on this leased area. 

On motion by Mr . Christian, seconded by Mr. O'Malley and adopted 
without objection, the amendment was approved. 



On motion duly adopted, the meeting was adjourned. 




GOVERNOR 



CHAIRMAN 



ATTEST: 



* * * 




Tallahassee, Florida 
April 13, 1971 



The State of Florida Board of Trustees of the internal Improvement 
Trust Fund met on this date in the Haydon Burns Building in 
Tallahassee, Florida, with the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred 0. Dickinson, 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 
Attorney General 
Jr. Comptroller 
Treasurer 

Commissioner of Education 
Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



4-13-71 



246 

The minutes of the meeting of March 30 were approved as submitted, 



Policy recommendation listed on the agenda with reference to 
environmental impact was withdrawn from consideration on this date. 



OSCEOLA COUNTY - City of Kissimmee Dredge and Fill Permit. 

At the request of the City of Kissimmee, consideration of dredge and 

fill plans was withdrawn from the agenda. 



DADE COUNTY - Canal Right-of-Way . 

Central and Southern Florida Flood Control District requested an 
easement for canal and drainage right-of-way in the South 165 feet 
of Section 16, Township 52 South, Range 39 East, Dade County, a 
section that was leased to Dade County for pub±ic purposes. 

The Metro Dade County Public Works Department approved the canal 
and drainage right-of-way location and staff recommended approval. 

On motion by Mr. Dickinson, seconded by Messrs. Conner and Shevin, 
adopted without objection, the Board authorized issuance of the 
easement. 



DADE COUNTY - Offshore Campsite Lease Renewals. 

Two applications were presented for renewal of offshore campsite 
leases for one year with option to renew on a year-to-year basis 
for four additional years at an annual rental of $300, from the 
following lessees: 

1. Alan Wylie, holder of Campsite lease No. 2178 in Biscayne 
Bay, Dade County 

2. Jay I. Kislak, holder of Campsite Lease No. 2185 in 
Biscayne Bay, Dade County 

The applications conformed to the April 7, 1970, policy allowing 
a lease as long as the structure remains on the site, and the 
October 6, 1970, policy that established an annual rental of $300 
for a quarter-acre site. 

On motions by Mr. Stone and Mr. Dickinson, seconded by Mr. Christian, 
and adopted without objection, the Board approved renewal of the 
two campsite leases as requested. 



PASCO COUNTY - Core Boring Permit. 

On March 30 the Board had deferred action on a request from Florida 
Power Corporation for permission to make eleven core borings in 
its proposed water discharge channel in the Gulf of Mexico adjacent 
to Section 27, Township 26 South, Range 15 East, Pasco County. 
Representatives of the firm were present on this date. 

Motion was made by Mr. Christian, seconded by Mr. Dickinson, that 
the application be approved. 

Mr. Shevin had requested deferment until more was known of the 
complete plan. Executive Director Kuperberg explained that the 
borings were needed to determine the nature of the material in the 
proposed channel area, that the overall project was a power plant 
near the mouth of the Anclote River, and the Department of Air and 



4-13-71 



247 

water Pollution Control had offered no objection to the core borings, 
Without objection, the 3oard approved the request. 



MARTIN COUNTY - Utility Installation, Section 253.03(7) 

SAJSP (56-241) . 
Staff requested authority to issue a letter of no objection to the 
United States Corps of Engineers for the Florida Power and Light 
Company to revise and modify a permit issued on July 13, 1956, by 
the Corps to the company for the installation of an aerial power 
line over the St. Lucie Canal in Section 12, Township 39 South, Range 
40 East, Martin County. That would allow the replacement of the 
west crossing pole landward of the canal and raising of the line by 
ten feet on the existing facility. 

On motion by Mr. Christian, seconded by Mr. Conner and adopted 
without objection, the Board approved the request. 



BAY COUNTY - State Marina License, Section 253.03 F. S. 
On March 30, 1971, the Board of Trustees considered the application 
from Major Clyde Weber for a state commercial marina license for 
a facility in Pitts Bayou in St. Andrews Bay in Section 24, Township 
4 South, Range 14 West, Bay County, in the City of Parker. The 
Trustees had approved issuance of State Commercial Dock Permit No. 
CD-1635 in February 1970, but the applicant's construction time 
limit expired due to delay in issuance of the Corps of Engineers 
permit. He reapplied for state approval under a marina license 
covering an area of 5,190 square feet for which the annual license 
fee would be $103.80. 

The concerned state agencies had no objection, but numerous local 
residents did object to further commercial operations in Pitts 
Bayou. Action was deferred on March 30 to allow objectors to 
contact their elected city officials and to secure some affirmative 
action by the city toward zoning the Pitts Bayou area. In 1970 
the City of Parker had issued License No. 209 to the applicant 
but the city had no current zoning regulations or other building 
limitations in Pitts Bayou. 

The city had advised by letter that they had had the first reading 
of a construction permit ordinance and a proposed zoning ordinance 
would be voted upon on Septermber 20, 1971. Governor Askew suggested 
a week's delay to ascertain the scope of the city ordinance that 
might be passed. Treasurer O'Malley had been in the area, talked 
with Mayor Earl Gilbert of Parker and offered the assistance of his 
office in furnishing model zoning ordinances. He said they indicated 
no objections as the city had issued a permit previously. The 
objectors at the March 30 meeting had not represented the city but 
waterfront property owners. 

At the request of Secretary of State Stone, the Trustees deferred 
action one week pending further information regarding the proposed 
city ordinances. 



ESCAMBIA AND SANTA ROSA COUNTIES - Oil and Gas Drilling Lease. 
On March 3 the Board of Trustees authorized advertisement for sealed 
bids for a five-year oil and gas drilling lease covering a portion 
of the Escambia River in Township 5 North, Range 30 West, containing 
330.5 acres, more or less, Escambia and Santa Rosa Counties. Lease 



4-13-71 



248 

will contain a special provision prohibiting drilling in the river, 
one-sixth royalty, annual rental of $1 per acre, $50,000 surety bond, 
and requirement that at least one test well be drilled on contiguous 
drilling units to 6,000 feet or sediments of the Jurassic Age, 
whichever is deeper. 

Invitation to bid was advertised pursuant to law in the Tallahassee 
Democrat, Milton Press-Gazette and Pensacola Journal, with bids to 
be opened at 10:00 a.m. on April 13. 

A member of the staff, Mr. James T. Williams, stated that one bid 
was received, from the Louisiana Land and Exploration Company, in 
the amount of $34,702.50 (first year's rental of $330.50 plus a 
cash bonus) . He explained that the lease required drilling on 
contiguous parcels, not necessarily slant drilling as the Governor 
mentioned, and prohibited drilling in the river. 

Mr. Stone advised the members that this bid was comparable to bids 
received in Louisiana and Texas. 

On motion by Mr. Christian, seconded by Mr. Stone and adopted without 
objection, the Board accepted the bid from The Louisiana Land and 
Exploration Company and authorized issuance of the oil and gas 
drilling lease. 



OKALOOSA COUNTY - Advertise Oil and Gas Drilling Lease. 
Amoco Production company requested the Trustees to offer for lease 
the 25% interest held by "the Board in the oil and gas in a portion 
of the Blackwater River State Forest, covering approximately 26,400 
surface acres of which Amoco had leased the Federal Government's 
75% interest. The Division of Forestry had no objections. 

The State Geologist concurred with the staff recommendation to 
advertise for sealed bids on three separate leases with annual rental 
of $1 per net mineral acre, five-year primary lease term, $50,000 
surety bond, and at least one test well to be drilled to 6,000 feet 
or to a depth sufficient to test the Norphlet Sands, whichever is 
deeper, with royalty and acreage for each lease as follows: (1) 
5,542.05 surface acres in Township 5 North, Range 24 West and Township 
5 North, Range 25 West, one-sixth royalty; (2) 7,681.26 surface acres 
in Township 4 North, Range 24 West and Township 5 North, Range 24 West, 
one-eighth royalty; and (3) 13,168.09 surface acres in Township 4 North 
Range 24 West, and Township 4 North, Range 25 West, one-sixth royalty. 

Mr. Kuperberg said the lease phraseology protected the water bottoms. 
The Game and Fresh Water Fish Commission had reviewed the application, 
did not object, but asked for advance notice. 

On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
without objection, the Board authorized advertisement of the oil 
and gas drilling lease. 



DADE COUNTY - Revocation of Dedication No. 230 48. 

On January 12, 1971, the Board authorized the staff to notify the 
City of islandia that the reverter provision in Dedication No. 23048 
would be exercised for non-use of the 109 acres of sovereignty land 
between Totten Key and Old Rhodes Key that the Trustees on December 5, 
1961, pursuant to request by the city, had dedicated for public and 
recreational purposes under supervision and management of the city. 



t-13-71 



249 

The City of Islandia was notified by certified mail on January 13 
that final action would be taken by the Trustees on this date, and 
in accordance with that action the dedication was officially revoked 
as of this date on motion by Mr. Christian, seconded by Mr. Dickinson, 
adopted without objection. 

Mr. Joseph C. Jacobs, attorney representing the City of Islandia, 
Mr. Ralph Fossey, City Councilmen, and certain citizens and taxpayers 
in the area, reviewed certain facts regarding the history of Islandia, 
actions of the Trustees and Federal Government, and legal actions now 
pending. He admitted that the dedication area had not been used, 
explaining how the possibility of the creation of Biscayne National 
Park had chilled the development of the entire area, and urged the 
Board to take no action until the Court had made a decision on pending 
matters. Also, he questioned whether the Board had authority under, 
constitutional law to give away 94,000 acres. Members questioned 
Mr. Jacobs, who in closing asked for a week's deferment. 

The consensus of opinion was that no benefit would be gained by delay, 
the Board had already acted by notifying the city that the reverter 
provisions were being exercised, and Mr. O'Malley felt that no 
affirmative action was required on this date. 

Upon Mr. Shevin's recommendation that the Board act on the matter, 
motion was made by Mr. Christian, seconded by Mr . Dickinson and 
adopted without objection, that the Trustees reaffirm their prior 
action of exercising the reverter and the dedication was officially 
revoked as of this date. 



COLLIER COUNTY - Permit Extension. 

A. File No. 253.123-51. Marco Island Development Corporation 
requested extension of its permit so that its expiration would 
coincide with the Corps of Engineers permit (SAJSP 67-762) on 
December 31, 1972, to allow dredging of approximately 3,930,000 
cubic yards of material from Roberts Bay, Collier County. 

The original permit expiring on April 15 allowed the dredging of 9.1 
million cubic yards of material from Smokehouse Creek and Roberts Bay 
to be placed on lands claimed to be vested in the corporation. 
Payment was received for only 73,250 cubic yards at the rate. of 5C 
per cubic yard in accordance with the policy in effect at that time. 
It was also contended that the corporation owned the majority of the 
submerged lands subject to the proposed dredging. 

Some questions had arisen relative to title to certain areas subject 
to dredging and filling. For the purpose of ascertaining the extent 
of the Trustees' interest in the lands in question, the staff required 
additional time before any final action is taken on the request for 
time extension. The applicant had been so advised. The staff 
recommended that the permit be temporarily extended to May 18, 1971. 

B. File No. 253.123-678, 253.124-149. On Janury 26, 1971, the 
Trustees granted 90-day extension of the numbered permits for the 
purpose of determining if the permits would be allowed to run 
concurrently with the present Corps of Engineers permit (SAJSP 64-413) 
expiring on December 31, 1971. The Trustees would consider this on 
April 27; however, in view of the fact that the questions raised on 
January 26 apply to (A) , both items should be considered concurrently. 

The staff recommended that the permit expiring on May 2, 1971, also 
be extended to May 18, 1971. 



4-13-71 



250 



On motion by Mr. Dickinson, seconded by Mr. Christian and adopted 
without objection, the Board approved the staff recommendation for 
temporary extension of both permits to May 18, 1971. 

The applicant had requested consideration, at the end of that period, 
of further time continuation. The Governor said that was not before 
the Board at this time. 

The Director advised the members that he was from Collier County, had 
knowledge of this work by Marco Island Development corporation, and 
expected to continue study and staff investigation in the future with 
the assistance of Mr. Henry Kittleson, special attorney 



PINELLAS COUNTY - City of Madeira Beach. 

The staff had been directed to agenda a request from the City of 
Madeira Beach regarding the establishment of the boundary line 
between public and private lands along the Gulf of Mexico beach. The 
city by Resolution No. 71-11 requested the Trustees to adopt the 
present mean high water line as a demarcation line between private 
property and sovereignty lands along the gulf beach within the City of 
Madeira Beach. The city contended that utilization of the 1954 mean 
high water line as a boundary line, in accordance with recommendations 
of the Bureau of Beaches and Shores, Department of Natural Resources, 
would be unfair and unjust, and held the view that accretions caused 
by construction of groins funded through assessments levied upon upland 
property owners should be vested in those riparian upland owners. 

It was indicated to the staff that evidence was being secured to show 
the manner in which the beach front was lost prior to the construction 
of groins. Until such evidence was submitted and evaluated, the staff 
could make no recommendations. The 1971 mean high water tide line 
extended several hundred feet beyond the 1954 line. The Director said 
the question was in what manner the beach was lost and in what manner 
had it been restored. If rapid erosion was determined, then private 
waterfront property owners had a right to restore what they had lost; 
but if it was gradual and imperceptible erosion since 1954, any 
accretion as a result of the beach restoration program accrued to the 
public, to the state. 

Governor Askew suggested that with no recommendation before the Board, 
the problem had been presented as information and discussion appeared 
premature at this time. The Director explained that the Bureau of 
Beaches and Shores had determined the line to be the 1954 mean high 
tide mark and had agreed to a variance from that line in an effort to 
resolve construction problems of a Holiday Inn Franchise holder 
(purchaser from a water front property holder) ; however the variance 
was insufficient to permit the planned construction and a seawall 
already constructed was based on the present mean high tide line and 
not the 1954 line. 

Mr. Dickinson said it was an emergency, and Mr. Christian expressed the 
opinion that it was a real problem and the Board would have to decide 
which mean high tide line was right as construction had been started. 
Director Randolph Hodges, Department of Natural Resources, called on 
Mr. William T. Carlton, Bureau of Beaches and Shores, who advised the 
Board of his extensive survey that revealed no evidence that the 
beach ever extended any farther, or much farther, than the 1954 mean 
high tide line that coincided with surveys in 1954, 1950 and very 
nearly with a 1931 survey. He recommended that no structure be allowed 
on the accreted beach, and said that all evidence indicated that the 
accretion was artificial. Mr. Shevin pointed out that the law was 



4-13-71 



251 

clear that artificial accretion would benefit the state - not the 
upland owner. The Trustees are empowered in such cases to make an 
appraisal of the factual situation affecting riparian rights. 
Mr. John Neilson, Mayor of the City of Madeira Beach, present on this 
date with the City Attorney, City Manager and others, explained the 
city's position, indicated that there had been avulsion and accretion 
over a period of about thirteen years, and emphasized that the future 
economic growth and development of the city depended upon the decision 
on the situation now before the Trustees. Members asked Mr. Neilson 
many questions, and Mr. Christian suggested there was merit in the 
City's position, and any evidence to support its claim should be 
given further study. The Governor said the Board has to make decisions, 
constantly balancing equities as to conservation and the economic impact, 
but first the facts should be determined and the lav; applied to those 
facts . 

Mr. Theodore C. Taub, attorney representing the property owners, 
recounted the facts that he considered important, attempts to resolve 
the problem, the situation with respect to their title insurance 
that required them to proceed with the construction, and suggested 
that a portion of the accretion might be attributed to natural causes 
as opposed to the view of the Bureau of Beaches and Shores that all 
of the accretion resulted from the installation of the groins. in 
view of his clients' attempts to accommodate the state agencies' 
requests and time spent to resolve a very serious problem, Mr. Taub 
asked if there might be a reasonable middle ground that would make 
it economically feasible for property ov/ners to utilise their 
property. The Board requested the work stopped. 

Governor Askew said the Board could not negotiate away public land 
and suggested further exchange of information between the city, the 
ov/ners, and the staff of the Department of Natural Resources and 
Trustees to verify where the mean high water line is, a factual 
determination. Mr. O'Malley agreed, noting that the decision would 
set an entire pattern for the whole strip shown on an aerial photo- 
graph. Mr. Stone brought up the possibility of ordering construction 
stopped until a determination was made, and Mr. Shevin felt that 
after a policy decision was reached there would probably be legal 
action on this matter. 

V7ithout objection action was deferred for one week, the period of 
time suggested by Mr. Randolph Hodges. 



TECHNICAL ADVISORY COMMITTEE ON FILL - Report. 
Mr. Richard B. Hellstrom, chairman of the Technical Advisory 
Committee on Fill, Mr. N.R. Boutin, M. A. I., and Mr. Loring Lovell, 
members, were present to answer questions or give additional 
information on the committee's report on its review of the value of 
fill material secured from state-owned lands that was received by 
the Trustees at the March 30 meeting and scheduled for consideration 
on this date. 

Mr. Hellstrom outlined the three recommendations of the committee as 
follows: 

1. If fill material is secured from state-ov/ned lands and is 

placed upon private ly-owned lands for the use and benefit of 
the private owner, then the applicant should pay the state 
for the material, regardless of the purpose of the removal, 
whether it be for navigational access or any other purpose. 
Conversely, if fill material is removed from State-owned 



4-13-71 



252 

lands, but is not placed on privately-owned lands, then 
the applicant should not be charged for the material. 

2. Fill material removed from State-owned lands, regardless 
of the purpose of the removal, and placed upon privately- 
owned lands for the use and benefit of the private owner, 
should be paid for by the applicant on the following basis: 

For quantities less than 10,000 cubic yards: 50 cents per 
cubic yard for each cubic yard of material removed. 

3. For quantities greater than 10,000 cubic yards: $5,000 
plus 50 cents per cubic yard for each cubic yard of fill 
material removed in excess of 10,000 cubic yards; or at 
the option of either the applicant or the Board, an 
appraisal may be made to lend guidance and assistance to 
the Board and its staff in determining the rate to be 
applied for the cost above $5,000, but in no event shall 
the rate be less than 20 cents per cubic yard for each 
cubic yard removed above that covered by the $5,000 minimum. 

4. Appraisals for the guidance of the Board in determining the 
value of fill material shall be performed in accordance 
with requirements established by the Board or its agents, 
shall be performed by a qualified appraiser, and shall be 
paid for by the applicant. 

Mr. Hellstrom indicated that the Board might use the appraisal as a guide 
line, that a separate appraisal in each instance might not be advisable, 
and careful research had determined the state's highest royalty for such 
material was 22 cents per cubic yard. 

Governor Askew suggested a rule requiring the applicant to be bound by 
the appraisal figure except not less than 20 cents. The Attorney 
General thought payment should always be required, at a straight 50 
cents per cubic yard. The Director had not been present when the 
committee started its work and, expressing concern for productive marine 
bottom lands, he recommended that the Board receive the report and allow 
the staff an opportunity to comment on it. 

On motion by Mr. O'Malley, adopted without objection, the report was 
received and further action deferred pending receipt of staff comments. 
The Governor noted that the fact that values might be set for fill 
material did not mean that the Board necessarily would permit dredging 
of material. He expressed appreciation for the work of the Technical 
Advisory Committee on Fill. 



DADE COUNTY - File No. 2396-13-253.03, 

Easement and Construction Permit. 
The Department of Transportation requested (1) an easement over 2.96 
acres in Biscayne Bay abutting Sections 9 and 10, Township 53 South, 
Range 42 East, Dade County, and (2) a construction permit to allow 
erection of a bridge and seawalls for State Road 828 (Northeast 79th 
Street) , for which no dredging or filling would be required as the 
water depth is sufficient to support flotation equipment and a special 
clause in the contract prohibits dredging. 

The Department of Natural Resources had no objection to the work. 
The Department of Air and Water Pollution Control reviewed the plan 
and advised the staff that no certification would be required. 



4-13-71 



253 



On motion by Mr. O'Malley and Mr. Conner, seconded by Mr. Dickinson, 
and adopted without objection, the Board granted the request for 
right-of-way easement and construction permit. 



PALM BEACH COUNTY - Corps of Engineers Notices. 

The Trustees had considered previously requests from (A) Sam G. Crupi 
for a permit from the Corps of Engineers to place a seawall along 
the mean high water line in a land-cut section of the Intracoastal 
Waterway in Section 5, Township 42 South, Range 43 East, Palm Beach 
County, and (B) Thomas J. Birmingham, et al, for a permit from the 
Corps of Engineers to seawall and fill an area in a land-cut section 
of the Intracoastal Waterway in the same section. Action was deferred 
pending receipt of an opinion from the Attorney General on an issue of 
jurisdiction under Chapter 253, Florida Statutes, in that section of 
the waterway that was formerly upland but which bordered on the 
navigable waters of the state. 

Attorney General's Opinion No. 071-59 held that the Board had full 
authority to promulgate rules covering the filling of such "land-cut" 
areas bordering on navigable waters. Therefore, the staff had advised 
the applicants, the Corps of Engineers, and the local governing 
authority, that permits would be required for such construction. 

Mr. Kuperberg advised the Board that staff field work was in progress 
to check on the reported unauthorized seawall construction. 



SUBJECTS UNDER CHAPTER 18296 

HAMILTON COUNTY - Easement, Murphy Act Land. 

On motion by Mr. Christian, seconded by Messrs. Dickinson and Conner, 
adopted without objection, the Board granted the request from the 
Department of Transportation for an easement for highway purposes 
across a parcel of land certified to the State of Florida under tax 
sale certificates No. 124 of 1912 and No. 1419 of 1933, being a 
portion of Lot 10, Block 16, Reneau's Survey, in Section 7, Township 
2 South, Range 16 East, containing .07 acre, more or less, in the 
Town of White Springs in Hamilton County. 



On motion duly adopted, the meeting was adjourned. 




GOVERNOR CHAIRMAN 



ATTEST : 




4-13-71 



254 



Tallahassee, Florida 
April 20, 1971 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the Haydon Burns Building in Tallahassee, 
Florida, with the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Joel Kuperberg 



Governor 

Secretary of State 

Attorney General 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Executive Director 



The minutes of the meeting of April 6 were approved as submitted. 



ST. LUCIE COUNTY - Boundary Agreement, Land Exchange. 
At the request of the staff the Board deferred for two weeks, for' 
further review, the application from Lucie Properties, Inc., for a 
boundary line agreement and confirmation of a land exchange affecting 
land in and abutting Government Lots 1 and 2 in Section 22, and 
Government Lot 2 in Section 23 in Township 34 South, Range 40 East, 
St. Lucie County. The lots granted to the State of Florida pursuant 
to the "Swamp Land Grant" were conveyed by the Trustees to William 
L. Moor by virtue of Deed No. 14726 dated September 22, 1892. The 
original government surveys of the area do not accurately reflect 
the true configuration of existing land. Meander lines cross over 
sovereignty land and swamp land, causing title to be clouded. 



CHARLOTTE COUNTY - Dredge Permit, Section 253.123 Florida 

Statutes, File No. 733. 
At the request of the staff the Board deferred for two weeks the 
request from the City of Punta Gorda for a maintenance dredge permit 
to widen and deepen an existing channel in Charlotte Harbor adjacent 
to Section 15, Township 41 South, Range 22 East, Charlotte County, 
for which a supplemental biological report would be obtained. 



MONROE COUNTY - Regulatory Buoy Markers. 

The Division of Recreation and Parks of the Department of Natural 
Resources requested permission to install 10 regulatory floating 
buoy markers at John Pennekamp Coral Reef State Park in Township 62 
South, Range 39 East, and Township 59 South, Range 42 East, Monroe 
County, needed to more clearly define the boundaries of the park and 
mark dangerous or special interest areas. 

The staff requested authority to issue a letter of no objection for 
the installation of the buoy markers. Approval would be required 
also from the United States Coast Guard, Corps of Engineers and the 
Department of Natural Resources. 

On motion by Mr. Stone, seconded by Mr. Christian and adopted without 
objection, the Board approved the staff recommendation. 



4-20-71 



255 



DADE COUNTY - Lease No. 2429. 

Seminole Rock Products, Inc., was awarded Lease No. 2429 by the 
Trustees on April 14, 1970, for raining limerock from a 1,000-acre 
tract in Sections 22 and 23, Township 53 South, Range 39 East, Dade 
County, following advertisement for sealed bids. The lease had a 
terra of ten years with option to renew for two succeeding ten-year 
periods, royalty of 7£ per short ton on material mined and sold, and 
annual advance rental of $25,000 for each of the first two years and 
$40,000 per year thereafter, to be applied as advance royalty. The 
lease further required the mining project to conform to a master 
recreation plan that required the mining operation to leave the 
premises suitable and ready for installation of facilities and ready 
for enjoyment by the public as a recreation area. 

The recreation plan was approved by the Trustees and the Department 
of Recreation and Parks subject to approval of Dade County. Lessee 
submitted the plan to Dade County that approved the zoning variance 
necessary to conduct mining in the area, approved certain modifica- 
tions, and the county further requested that the site be transferred 
to the county for development following completion of the mining. 

The Division of Recreation and Parks recommended acceptance of the 
modified plan and transfer of the property to Dade County for park 
development at the appropriate time. 

The staff recommended approval of the modified plan and requested 
authority to lease the area to Dade County for public recreational 
purposes following completion of the mining operations. 

On motion by Mr. O'Malley, adopted without objection, the staff 
recommendation was approved as the action of the Board. 



GLADES COUNTY - Agriculture Lease Renewal. 

U. S. Sugar Corporation, holder of Agriculture Lease No. 2205 
covering 6.5 acres of reclaimed lake bottom land in Section 19, 
Township 42 South, Range 34 East, requested extension of the lease 
for an additional five years following expiration of the present 
lease on July 27, 1971. The firm had control of the surrounding 
land either by ownership or lease. 

The staff appraiser had inspected the parcel and recommended that 
the fair rental value for agriculture purposes be increased from 
$25 to $33 per acre. The staff recommended extension of the present 
lease for five years at annual rental of $33 per acre, with option 
for an additional five years at a rental to be determined by an 
appraisal. The lease provides that the lessee is responsible for 
any and all taxes lawfully assessed against the property. 

Governor Askew thought the Board should consider whether such 
valuable muck lands should be leased for agriculture because of 
the danger of oxidation and depletion of the soil. Mr. Conner 
said that proper management was the answer, and while food crops 
were needed the Board might develop some management policies not 
now included in the leases. Mr. Christian mentioned the benefit 
of the money to the state school fund. 

The Governor suggested that the Board consider some policy in the 

area, some guidelines for leasing without depletion of the soil. 

He recommended indefinite postponement pending staff recommendations. 

Mr. Kuperberg, noting that the Everglades was the largest body 

of organic soil in the world, said a way must be found to produce 

food and the staff would undertake to research the questions 

discussed. 



4-20-71 



256 

BREVARD C0UI7TY - Contract No. 24387(1854-05) 

On September 30, 1966, the Trustees issued Purchase Contract Wo. 
24387(1854-05) to Pecony, Inc., a Hew York Corporation, for 8.68 
acres of submerged land in the Banana River in Section 34, Township 
24 South, Range 37 East, Brevard County. All contract payments 
having been made, the contract purchaser was entitled to receive a 
deed. The staff requested ratification by at least five affirmative 
votes of the present Board of Trustees in accordance with the former 
Attorney General's recommendation to the staff in such matters. 

The Governor commented on the filling done in a portion of this land 
under a fill permit, as reported by the staff. 

On motion by Mr. O'Malley, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized issuance of deed to the 
contract purchaser. 



MARTIN COUNTY - Reported Violation. 

The Board of County Commissioners of Martin County requested a permit 
authorizing completion of a seawall and backfill of land that had 
been lost due to erosion along Jensen Beach Causeway, work that had 
been commenced without the benefit of a permit. The project was shut 
down and under investigation by the Field Operations Division of the 
Trustees Office, and a biological report requested. However, the 
county advised that the project should be completed to protect its 
beach and 275 lineal feet of new seawall. 

The staff suggested deferment for two weeks pending receipt and 
evaluation of a biological report, but the Governor pointed out that 
with the v/ork in its present condition that period of time might not 
be advisable and the Board should move as expeditiously as possible 
for the protection of the beach in that area at the edge of the state 
road right-of-way. The Director said there was danger of storm damage, 
referred to restoration of a coastal structure if not more than 
twenty-five feet into the water, and noted that at some places this 
project v/as more than that distance out into the water. 

The Board approved deferral with the understanding that the staff 
will reagenda the application as soon as possible. 



BAY COUNTY - State Marina License, Section 253.03 Florida Statutes. 
On April 13 the Board deferred for one week the consideration of the 
application from Major Clyde Weber for a commercial mariana facility 
in Pitts Bayou in St. Andrews Bay in the City of Parker which had 
been protested by a number of local residents. 

The City of Parker on April 12 submitted copies of a proposed zoning 
ordinance to control commercial development within the city. 
Therefore, the staff recommended that the application for a marina 
license be denied without prejudice. 

Mr. O'Malley made a motion that the application be denied without 
prejudice. 

Mr. Kuperberg said the applicant had retained legal counsel, who 
requested deferral pending an opportunity to review the matter and 
appear before the Trustees. Governor Askew was agreeable, noting 
that the objectors had been allowed a deferment period. 



4-20-71 



257 



On motion by Mr. O'Malley, seconded by Mr. Christian and adopted 
without objection, the Trustees deferred the pending motion for one 
week in deference to the applicant, to allow his attorney to make a 
presentation to the Board. 



PINELLAS COUNTY - City of Madeira Beach Boundary Line Between Public 

and Private Lands Along the Gulf Beach. 
On April 13 the Trustees deferred action on the request from the City 
of Madeira Beach regarding establishment of the boundary line between 
public and private lands along the Gulf of Mexico beach where con- 
struction of a seawall encroached on state property according to the 
research and advice of the Bureau of Beaches and Shores, Department 
of Natural Resources. 

Conferences had been held and would be continued between the 
representatives of the city, the property owners and staffs of the 
Trustees and Department of Natural Resources, seeking to resolve the 
technical questions. 

The Director reported that the Trustees, through its general counsel 
and the office of the state attorney for the Sixth Judicial Circuit, 
filed a complaint against Madeira Beach Nominee, Inc., asking for 
injunctive relief and a temporary restraining order against any 
activity gulfward of the 1954 high water line, and further asking 
that the court order the defendant to remove all material and 
equipment which it has placed upon sovereignty lands. Mr. Kuperberg 
said that only the seawall was involved, as there was no problem 
regarding the building structures that were entirely within the 1954 
mean high water line. It was indicated at the previous meeting that 
the title company would not permit the contractor to stop work, and 
it appeared that a temporary injunction was appropriate under the 
circumstances . 

Without objection, the Trustees deferred this matter that was still 
under review by the staff. 



SHELL LEASE INCOME - For the Record; Change of Procedure. 

The Trustees received the report of income received by the Department 

of Natural Resources from the following holders of dead shell leases: 

Lease No. Company Amount 

2233 Bay Dredging and Construction Co. $ 3,555.95 
1788 Benton and Company, Inc. 17,144.25 

The staff recommended that in the future such reports be eliminated 
from the agenda and minutes of the Trustees, as the revenue accrued 
to the Department of Natural Resources and the reports should be 
handled by that department. 

It was so ordered. 



MONROE COUNTY 

Attorney General Robert L. Shevin gave to each member a memorandum 
setting forth in detail a matter of some urgency involving a threat 
of injury to state-owned lands in the Glades and the Keys and asking 
for it to be placed on the agenda next week so that the Trustees 
might take some action. 

Governor Askew suggested that the matter be referred to the staff 
and placed on the agenda as soon as it could be brought back with a 
recommendation, within a week if possible. 



4-20-71 



258 



It was so ordered. 



POLK COUNTY - Avon Park Correctional Institution. 
The Department of Health and Rehabilitative Services recommended 
acquisition of the 455.32 acre surplus portion of the Avon Park 
Air Force Bombing Range from General Services Administration for 
$425,000, the value set by G. S. A. Staff recommended approval of 
the purchase and requested authority for the Executive Director to 
execute on behalf of the Board a formal offer to purchase and other 
documents necessary to finalize the purchase. 

The Division of Corrections had leased the property from the U.S. 
Air Force since 1957 for $1 per year utilizing and maintaining the 
World War 2 barracks as a correctional institution. The Air Force 
declared the property surplus in 1968 following unsuccessful efforts 
by the Florida Congressional delegation to secure the land and 
improvements without cost. General Services Administration offered 
the 581.6 acres of land to the state for the U. S. appraised value 
of $650,000. A 126.28 acre portion of the tract was transferred to 
the U. S. Department of Health, Education and Welfare and deeded to 
the State of Florida without cost subject to use for educational 
purposes for thirty years and other restrictions. 

The remaining 455.32 acres on which is located certain improvements 
necessary to the operation of the institution was made available for 
a limited time by G. S. A. for a negotiated purchase price of $425,000 
from the state. Title to the remainder of the tract is needed in order 
to construct needed sewage treatment plant and provide other necessary 
improvements. Clear and unencumbered title will be received by purchase, 
The Department advised that the purchase price had been appropriated 
by the Legislature. 

On motion by Mr. Stone, seconded by Mr. O'Malley and adopted without 
objection, the Trustees approved the purchase and authorized the 
execution of necessary documents by the Executive Director on behalf 
of the Trustees. 



TRUSTEES FUNDS 

The Board's approval was requested for an overlap of the position of 
Executive Director as far as salary is concerned for Mr. Fred Vidzes 
for an interim training period not to exceed three months for which 
there were sufficient funds in the budget and the Auditor General's 
office had verbally given approval, as long as proper approval is 
obtained. Mr. Vidzes was the acting director in the interim period 
between the resignation of the former Executive Director of the 
Department and Mr. Kuperberg ' s appointment. 

Governor Askew said he did a good job, but he thought the overlap 
period should be limited to thirty days as normally applied to 
other overlap positions within state government. 

On motion by Mr. Christian, seconded and adopted without objection, 
the Trustees approved the overlap for a thirty-day period. 



SUBJECTS UNDER CHAPTER 18296 
NASSAU AND SUMTER COUNTIES - Murphy Act Land Sales. 
On motion by Mr. Stone, seconded by Mr. Conner and adopted without 
objection, the Trustees approved Bidding Report No. 983 and the 
sales listed thereon under the provisions of Section 197.350 Florida 
Statutes, and authorized execution of deeds pertaining thereto. 



4-20-71 



259 



The land was described as follows: 

Lot 3 Block 153 Town of Hilliard, Nassau County, certified 
to the State of Florida under tax sale certificate No. 2474 
of 1933, sold to the high bidder, Leon Nelson, for $60.00. 

Lots 56,57 and 58, Coleman Heights Subdivision in Section 30, 
Township 19 South, Range 23 East, Sumter County, certified to 
the State of Florida under tax sale certificates 1452 of 1928 
and 3734 of 1933 (Lot 56), 1576 of 1927, 1453 of 1928 and 
3735 of 1933 (Lots 57 and 58), sold to the high bidder, 
Tommie Coleman, for $90.00. 



REFUNDS - Murphy Act Land. 

On motion by Mr. Christian, seconded by Mr. O'Malley and adopted 

without objection, the Trustees authorized issuance of refunds as 

follows: 

$16.00 to George W. Eyles who withdrew his application for 
release of oil and mineral reservations in Indian River 
County Murphy Act Deed No. 871. 

315 to 3o:;rien Becks for the reason that the Department 
of Transportation did not recommend release of the state 
road right-of-way reservation contained in Volusia County 
Murphy Act Deed No. 1579. 



On motion duly adopted, the meeting was adjourned. 




'&&JL. 




SJ^ 



GOVERNOR 



CHAIRMAN 



ATTEST: 




Tallahassee, Florida 
April 27, 1971 

The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the Haydon Burns Building in 
Tallahassee, Florida, with the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred 0. Dickinson, Jr. 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



4-20-71 



260 



The Trustees approved the minutes of the meeting of April 13 as 
submitted. 



-1- 

GLADES COUNTY - Grazing Lease Violation. 

W. E. Perry, Winter Haven, Florida, is the holder of Grazing Lease 
No. 1694 dated January 15, 1962, for a ten year term covering 22.1 
acres of reclaimed lake bottom land in Section 18, Township 42 South, 
Range 33 East, lying approximately \h miles east of Moore Haven in 
Glades County. 

On May 27, 1971, consent of the Trustees to assign this lease to 
Ellie H. Yaun was received, following by a request to expand terms 
of the grazing lease to include planting of sugar cane. The staff 
appraiser's inspection of the 22.1 acres to determine fair rental 
value for agriculture purposes revealed that a portion of the tract 
was planted in sugar cane. Mr. John Yaun, son of the proposed 
assignee of the existing lease, advised that this area was 3-year 
old cane planted for the former owner of adjoining uplands, W. E. 
Perry. The Yauns acquired the uplands on May 29, 1970. 

Mr. Perry, advised of the apparent violation of the terms of the 
grazing lease, responded through his attorney, stating that cane had 
been planted for him for the past two or three years on approximately 
4 acres of the state land by reason of insufficient advice as to the 
terms of his lease. 

Additional staff research and survey of the 22.1 acre tract revealed 
that as of November 10,1970, 13.1 acres was planted in old cane and 
the balance in new cane. It has also been learned that an annual 
average of 6.28 acres had been planted in cane for the years 1965 
through 1969. 

In view of these facts and the established violation of the terms 
of the grazing lease, Mr. Perry was advised that the staff was willing 
to recommend a settlement as follows: The full present day rental 
of $27 per acre be assessed on the entire 22.1 acres for each year 
that the lease terms had been violated by cane planting (1965-1970) 
plus 10% penalty. This would amount to $3,580.20 plus 10%. or a 
total of $3,938.22. The staff approach to this settlement was 
that the terms of the lease were changed to a higher and better use 
without authority, and additional rental is justified due to higher 
productivity of the land. 

Another avenue of approach would be to assess Mr. Perry rental for 
the land actually planted in cane for the years 1965 through 1970. 
Using acreage figures obtained from the County Extension Director, 
an average of 7.75 acres was planted each year for the last six 
years. This would amount to 46.5 acres times $27 per acre rental, 
amounting to $1,255.50 plus a penalty of three times the value or 
$3,766.50 and cost of survey, $275, totaling $4,041.50. 

The staff recommended (1) settlement of violation of lease terms, 
(2) approval of assignment of lease from W. E. Perry to Ellie H. 
Yaun, and (3) approval of change of lease to agriculture lease at 
$27 per acre with appropriate terms and provisions. 

ACTION OF THE TRUSTEES: 

Commissioner of Agriculture Doyle Conner had investigated this 
matter and recommended that the individuals pay as a penalty twice 



261 

the agricultural rent for the acres used, making Mr. Perry's prorated 
share $1,463.40, and Mr. Yaun's $1,047.60 plus the survey cost of 
$275, or $1,322.60. Mr. Conner's information from the County Agent's 
office indicated the total acreage used by Mr. Perry in 1965-68 was 
27.1 acres, and a total of 19.4 acres used by Mr. Yaun in 1969-70. 

Mr. Conner made a motion that the above recommendation be adopted, 
seconded by Mr. O'Malley, supported by Mr. Stone, and adopted by 
the Trustees without objection. The old lease would be cancelled 
and a new agricultural lease issued to Mr. Yaun at $27 per acre 
annual rental. 

Governor Askew spoke of his concern in the future that consideration 
be given to determining what profit was made from any improper use 
of leased land. Mr. Conner said that would depend on such factors 
as the market, and pointed out that this land was not muck land but 
salt-and-pepper soil. 



2. LEE COUNTY - Consideration of Oil and Gas Lease Bids. 
On March 16 the Trustees authorized advertisement for sealed bids for 
a five-year oil and gas drilling lease covering all of the underlying 
petroleum and petroleum products in Government Lots 3 and 4, Section 2, 
Township 46 South, Range 26 East, Lee County, containing 80,28 acres, 
more or less. The lease will require one-eighth royalty, annual rent 
of $1 per acre, $50,000 surety bond, and one test well to a depth of 
6,000 feet or to the top of the Lower Cretaceous, whichever is deeper. 

Invitation to bid was advertised in the Tallahassee Democrat and the 
Fort Myers News pursuant to law, with bids to be opened at 10:00 a.m. 
on April 27. The staff recommended consideration of the bids. 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded and adopted without 
objection, that the one bid received, from Dalco Oil Company in 
the amount of $506, be accepted and the oil and gas drilling lease 
awarded to that bidder . 



3. SANTA ROSA COUNTY - Consideration of Oil and Gas Lease Bids. 

On March 9 the Trustees authorized advertisement for sealed bids for 

a five-year oil and gas drilling lease covering all of State Road 

89 right-of-way lying in Section 40, Township 5 North, Range 29 West, 

containing 13.62 acres, more or less. 

The lease will contain a provision prohibiting drilling on the road 
right-of-way, one-sixth royalty, annual rent of $1 per acre, $50,000 
surety bond, and requirement that at least one test well be drilled 
on contiguous drilling units to 6,000 feet or to the sediments of the 
Jurassic Age, whichever is deeper. 

Invitation to bid was advertised pursuant to law in the Tallahassee 
Democrat and the Press-Gazette of Milton. Prior to the issuance of 
this lease, a resolution from the Town of Jay will be necessary, 
consenting to the issuance of the lease as required by Section 253.61(a) 

Florida Statutes. The staff recommended consideration of the bids. 

ACTION OF THE TRUSTEES: 

Bids covering the cash consideration and rental for the first year 
were received from the following: 



4-27-71 



262 



Chevron Oil Company $42,917.00 

Pennzoil United, Inc. 2,737.62 

Amerada Hess Miss-Fla Corporation 35,520.96 

On motion by Mr. Christian, seconded by Mr. Conner and adopted 
without objection, the Trustees accepted the highest bid and awarded 
the oil and gas lease to Chevron Oil Company conditioned upon receipt 
of a resolution from the Town of Jay consenting to the issuance of the 
lease as required by Section 253.61(a), Florida Statutes. 



LEE COUNTY - Contract No. 24374. This was on the advance 
agenda but was not placed on the agenda for consideration 
on this date. 



5. COLLIER COUNTY - Electric Transmission Line Easement. 
The Lee County Electric co-Operative, Inc., requested a 12-foot wide 
easement over and across a portion of the Immokalee State Farmers 
Market in Section 34, Township 46 South, Range 29 East, and Section 
3, Township 47 South, Range 29 East, for transmission and distribution 
of electricity to the market. 

The Department of Agriculture and Consumer Services reviewed and 
approved the request, and the staff recommended issuance of the 
easement. 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, that the Trustees grant the easement requested. 



6. MARION COUNTY - Drainage Easement. 

The City of Ocala by Resolution No. 71-33 dated April 6, 1971, requests 
an easement across the West 20 feet of the South 570 feet of the NW% 
of NW% of Section 22, Township 15 South, Range 22 East, for storm 
drainage purposes. This land in Marion County is a part of the 
Florida School for Girls property at Ocala. 

The Department of Health and Rehabilitative Services approved the 
request. The staff recommended issuance of a drainage easement. 

ACTION OF THE TRUSTEES; 

On motion made by Mr. Conner, seconded by Mr. Christian and Mr. Stone, 
adopted without objection, the Trustees granted the request of the 
City of Ocala for a drainage easement. 



7. BAY COUNTY - State Marina License, Section 253.03 F. S. 
On February 3, 1970, the Trustees approved issuance of State Commer- 
cial Dock Permit No. CD-1635 to Major Clyde Weber for a commercial 
marina facility in Pitts Bayou in St. Andrews Bay in Section 24, 
Township 4 South, Range 14 West, Bay County, in the City of Parker. 
Due to delay in issuance of the Corps of Engineers permit, the 
applicant was unable to begin construction within the required time 
limit of 120 days provided by the state permit granted at that time. 
Major Weber has now reapplied for state approval under a marina 
license for a 115-foot, 10-slip facility. The previously 
authorized structure was 170 feet long and provided 22 slips. 



4-27-71 



263 



The City of Parker on April 12 submitted copies of a proposed zoning 
ordinance to be voted upon September 20 and a construction permit 
ordinance to become effective Hay 20, 1971. 

On April 13 action was deferred for one week for further information 
regarding the city action. 

In view of the fact that the City of Parker is proposing an ordinance 
to control commercial development within the city, staff recommended 
that the application for a marina license be denied without prejudice. 



ACTION OF THE TRUSTEES: 

The Trustees heard Mr . William J. Roberts, applicant's attorney, who 
reviewed the efforts made by Major Weber to get the required permits 
for his proposed dock facility on the Pitts Bayou shoreline in a 
commercial area. The opposite shoreline was residential making the 
problem one of zoning, a local responsibility. 

Mr. O'Malley expressed the opinion that the Trustees should not hold 
up the permit on zoning grounds and he made a motion, seconded by 
Mr. Stone, that the application be approved. 

The Governor asked Mr. Roberts several questions. it was brought out 
that the reason for the delay in action on the zoning ordinance was 
that September was the time for the next regular city election. Since 
the Trustees had deferred action to allow the objectors to try to get 
local action on zoning, and no great concern on the part of the city 
was evident, clarification of the city's position appeared to be 
desirable . 

Mr. O'Malley withdrew his motion for approval and made a motion for 
two weeks' deferral, that was adopted without objection. 

Governor Askew asked the Director to notify the City of Parker of the 
deferment and that the Board desired a representative to be present 
to explain the position of the city so that the matter might be 
disposed of properly. 



8. MARTIN COUNTY - Violation. 

The Board of County Commissioners of Martin County requested a permit 

to complete a seawall and backfill lands that have been lost due to 

erosion along Jensen Beach Causeway. The work was commenced without 

benefit of a permit. However, the county states that it needs to 

complete the project to protect its beach and 275 lineal feet of new 

seawall. 

The Department of Natural Resources biological report indicated 
that as long as draglining is limited to the shoaled and stagnant 
bottoms at the western relief bridge and filling is limited to the 
eroded areas along the causeway, there should be no adverse effects 
on marine biological resources from this emergency work. 

The Game and Fresh Water Fish Commission reported no objection to 
this project provided filling is confined to only those areas 
along the causeway. No additional areas should be filled under any 
circumstances. Heavy equipment should be confined to those areas 
that have become stagnant and shoaled at the western relief bridge. 

The Department of Air and Water Pollution Control indicated no 
objections to the completion of the seawall by the Martin County 



4-27-71 



264 

Commission. It is felt that to complete the project rather than 
to leave it in a partially completed state will tend to improve 
the water quality. 

The staff had received a permit drawing from Martin County, reviewed 
the application, and recommended issuance of the necessary permit. 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Dickinson, seconded by Mr. Christian and 
adopted without objection, that the Board approve the permit 
authorizing Martin County to complete the seawall and backfill the 
land lost due to erosion. 



9. AQUATIC PRESERVES - Ochlockonee Bay in Wakulla and Franklin 

Counties, and North Fork St. Lucie River 
in St. Lucie and Martin Counties. 
A 90-day deferment was granted on February 2, 1971, in order that 
the Interagency Advisory Committee on Aquatic Preserves might consider 
the Ochlockonee Bay area further and hold a hearing on that portion 
of the North Fork St. Lucie River between White City Road and Selvitz 
Road. 

It had been determined that the expiration date of May 3, 1971, would 
not afford sufficient time for these matters to be properly considered, 
Therefore, it was recommended that an additional 90-day extension be 
granted. 

ACTION OF THE TRUSTEES: 

Governor Askew expressed the opinion that the extension was justified 
but he hoped the study and hearing could be completed within the 
next ninety days. 

On motion by Mr. O'Malley, seconded by Mr. Dickinson and adopted 
without objection, the Trustees allowed an additional 90-day 
extension. 



10. MONROE COUNTY - Development work reported to affect drainage 

in the Everglades. 
The Executive Director called attention to correspondence he had 
received on the previous afternoon concerning the Monroe County 
mainland area that was the subject of the memorandum of the Attorney 
General. It was reported that the drag lines were at work in the 
Loop Road area. 

Governor Askew said that Mr. Henry Kittleson, special counsel for 
the Trustees, had corroborated the position of the Attorney General 
and in effect recommended that an injunction be sought. 

Attorney General Shevin reviewed his memorandum concerning a vast 
amount of private development going on that affects drainage and 
the water supply of South Florida, and under the statutes he 
thought the Trustees should take legal action. 

On motion by Mr. Stone, seconded by Mr. Dickinson and adopted, 
the Trustees waived the rules to allow discussion of an item not 
on the agenda, and on the same motion requested the Attorney General 
to take the necessary action for an injunction. 



4-27-71 



265 



On motion duly adopted, the meeting was adjourned 




ATTEST: 




Tallahassee, Florida 
May 4, 19 71 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the Haydon Burns Building in 
Tallahassee, Florida, with the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred 0. Dickinson, Jr. 
Thomas D. O'Malley 
Doyle Conner 



Governor 

Secretary of State 

Attorney Genera'l 

Comptroller 

Treasurer 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



The Trustees approved the minutes of the meeting of April 20 as 
submitted. 



-1- 

M0NR0E COUNTY - File No. 2255-44-253.12, Denial of Application 

STAFF DESCRIPTION: A parcel of sovereignty land in 
Florida Bay abutting Section 11, Township 6 6 S. Range 3 2 
East, Key Vaca, Marathon, 
Monroe County, 1.1 acres, 

A. CITY AND COUNTY: Marathon, Monroe County 

B. APPLICANT: James B. Tharpe 

Post Office Box 427, Marathon, Florida 33050 



C. ACREAGE: 1.1 acres 

RATE PER ACRE: Appraised value 

D. APPRAISAL: None requested 

E. PURPOSE: Expansion of Motel Property 

F. BIOLOGICAL REPORT: Dated October 8, 1969; adverse. 
Remarks: "Sale and development of the 1.1 acre parcel would 
have adverse effects on marine biological resources." 

G. STAFF REMARKS: Applicant stated that the parcel was a shallow 

swampy area that collected debris , that 
snakes and other pests inhabit the area, and 

5-4-71 



266 



that the shallow water created noxious odors. 

Staff was of the opinion that the reasons 
stated were not sufficient to demonstrate 
that the sale would be in the public interest. 

H. RECOMMENDATION: That application be denied and file deactivated, 
and that the application fee of $75 be refunded 
as the application was filed prior to adoption 
of the policy making application fees non-refundable, 

Applicant was advised of the staff recommendation. 

ACTION OF THE TRUSTEES : 

The applicant had advised the staff by telegram on this date that 
he desired no action on his application and would substitute a 
navigation channel application instead of his dredge and fill 
plan for the submerged parcel he had applied to purchase. 

Motion was made by Mr. Stone, seconded by Mr. Dickinson and 
adopted without objection, that the application be denied as 
recommended, without prejudice to the filing of another type 
of application. 



ESCAMBIA COUNTY - Bulkhead Line 

Right of Way Easement 

Dredge and Fill Permit 

The Department of Transportation requested approval of 

A. Bulkhead line established by the Board of County Commissioners 
of Escambia County by resolution adopted on March 11, 1971, 
145 feet long in Bayou Chico at "W" Street in Section 39, 
Township 2 South, Range 30 West. The Bulkhead line coincides 
with the limits of a proposed box culvert. 

B. Easement embracing 0.02 acres in Bayou Chico which will be 
used for construction of a state road. 

C. Dredge Permit to remove 5,676 cubic yards of material from 
Bayou Chico and to fill 0.02 acre, more or less, lying land- 
ward of the above proposed bulkhead line. Also, a construction 
permit to allow the placement of a 10 ft. x 6 ft. box culvert 
within the dredge area. 

The biological report indicated that the project as a whole should 
have only limited adverse effects on marine life and wildlife if 
certain precautions were taken during construction of the proposed 
road bed and installation of the culvert. 

The project was certified by the Department of Air and Water 
Pollution Control. The Game and Fresh Water Fish Commission 
issued a letter of no objection to the project. 

RECOMMEND: (1) approval of the bulkhead line, (2) issuance of the 
easement, and (3) approval of the dredge, fill and 
construction permits subject to normal stipulations 
for dredging and filling and to the recommendations 
outlined in the biological report. 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Dickinson, seconded by Mr. O'Malley and 
adopted without objection, that the staff recommendation be 
approved. 



5-4-71 



267 

-3- 

ESCAMBIA COUNTY - Bulkhead Line 

Right of Way Easement 

Partial Post Construction Permits (Dredge/Fill) 

The Department of Transportation, Applicant. 

On April 14, 1971, the Trustees 1 Field Operations Division made an 
on-site inspection of the project location and reported the following: 

Material had been hauled in and placed for a roadbed and a 
small amount of excavation had taken place in the area where 
box culverts are to be installed. The creek was 20 to 25 ft. wide 
at the site, and the proposed box culverts would occupy 20 feet. 
The stream was approximately 2 feet deep, installation of the 
culverts would not restrict the flow of water in the creek, and 
the box culverts would provide the same latitudinal cross 
section that a bridge would provide . 

The Department of Transportation requested approval of : 

A. 3ulkhead Line established by the Board of County Commissioners 
of Escambia County by resolution adopted March 4, 1971, 342.08 
feet long in Bayou Grande at State Road No. 292A in Section 
5, Township 3 South, Range 31 West, Escambia County. The 
bulkhead line lies coincidental with the limits of the 
proposed box culverts 7 

3. Easement embracing 0.0 8 acre, more or less, in Bayou Grande, 
to be used for construction of State Road No. S-292-A. 

C. Dredge Permit to complete removal of 1,809 cubic yards of 

material, fill perrr.it to fill approximately 0.0 8 acre, and 
construction permit to place two 10 x 10 ft. box culverts in 

the dredge area. 

The biological survey report indicated damage to marine biological 
resources has already occurred due to previous work. 

The Department of Air and Water Pollution Control has certified the 
project, and the Game and Fresh Water Fish Commission has issued a 
letter of no objection. 

RECOMMEND: (1) approval of bulkhead line, (2) issuance of easement, 

and (3) approval of dredge, fill and construction permits, 
subject to normal stipulations as to dredging and filling 
and subject to the recommendations outlined in the bio- 
logical report. 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. 0'2>Ialley and 
adopted without objection, that the staff recommendation be 
approved. 



-4- 

OKALOOSA COUNTY - Marina License, 253.03 F. S. 

The Okaloosa Island Authority, c/o Mrs. Doris Jordan, Executive 
Manager, 105 Santa Rosa Boulevard, Fort Walton Beach, Florida, 
applied for a state marina license for a public fishing pier 
in the Gulf of Mexico abutting upland in Township 2 South, Range 
28 West, Okaloosa County. The proposed facility would occupy 
approximately 18,500 square feet of submerged lands. 

Due to the public nature of the facility, the Island Authority 
reauested waiver of all fees and modification of the standard time 



5-4-71 



268 



requirement to allow a time period of twenty years with option to 
renew for an additional twenty years. The minimum life expectancy 
of this pre-stressed concrete pier was fifty years. 

The Department of Air and Water Pollution Control had no objections 
to the proposed project. The Department of Natural Resources, 
Bureau of Survey and Management, had no objection; however, the 
Bureau of Beaches and Shores required that the applicant obtain 
a construction variance. 

RECOMMEND approval, subject to receipt of above mentioned variance. 
ACTION OF THE TRUSTEES : 

Motion was made by Mr. Stone, seconded by Mr. Dickinson and 
adopted without objection, that the staff recommendation be 
approved. 



MONROE COUNTY - Investigation of Dredge Operations 

In response to the Governor's question, Mr. Kuperberg reported 
that the Trustees' staff had organized a federal and state agency 
joint task force that for the past two weeks had reviewed the 
problems of unauthorized dredge and fill operations in Monroe 
County. 

Aerial photographs of the entire 103-mile run of the Keys, ob- 
tained with the help of the Department of Transportation, were 
checked against the permit files and about 105 operations were 
found that apparently were unauthorized. Staff of the state and 
federal agencies were making investigations on the site, and cita- 
tions would be made in those cases where they were indicated. 



On motion duly adopted, the meeting was ad jqurned 



ATTEST : 



«^2je4t<*~- 




T50VERNOH 




CT" 



CHAIRMAN 



Tallahassee, Florida 
May 11, 1971 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the Haydon Burns Building in 
Tallahassee, Florida, with the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred 0. Dickinson, Jr, 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 

Joel Kuperberg 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Executive Director 



The minutes of the meeting of April 27 were approved as submitted, 



5-11-71 



269 



-1- 

The Trustees accepted the report of operations of the State of 
Florida Board of Trustees of the Internal Improvement Trust 
Fund for the three -month period from January 1 through March 
31, 1971. 



-2- 

SARASOTA COUNTY - Bulkhead Line, Section 253.122, Florida Statutes 

The Sarasota County Water and Navigation Control Authority by 
resolution adopted November 7, 196 8, established a bulkhead 
line 252.5 4 feet long, along the southern bank of Grand Canal 
in Section 1, Township 37 South, Range 17 East, Sarasota County. 

The biological survey report was not adverse. 

The bulkhead line lay at, or landward of, the original mean high 
water line. This portion of Grand Canal was a navigable non- 
meandered body of water. 

The staff recommended approval of the bulkhead line. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and adopted 
without objection, the Trustees approved the bulkhead line as 
established by Sarasota County. 



-3- 

MARTIN COUNTY - Right of Way Easement, File 2399-43-253.03, 
and Construction Permit 253.03 F. S. 

Central and Southern Florida Flood Control requested an 
easement embracing 1.0 8 acres in Lake Okeechobee contiguous to 
Levee 47 in Martin County. The right of way would be used for 
the construction of a breakwater and stilling basin for the 
protection of Structure 135 (Locks). The breakwater would 
be constructed of rubble material obtained from upland sources, 
with no dredging within the lake. 

The Department of Natural Resources recommended approval of the 
project. The Game and Fresh Water Fish Commission and the Department 
of Air and Water Pollution Control had no objections to the project. 

The staff recommended approval of the right of way easement and 
issuance of a construction permit subject to approval of construc- 
tion plans b y the Department of Air and Water Pollution Control. 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. Conner and 
adopted without objection, that the easement and permit be 
approved subject to the approval of the Department of Air and 
Water Pollution Control. 



-4- 

OKEECHOBEE COUNTY - Right of Way Easement, File 2400-47-253.03 

and Construction Permit, Section 253.03 F. S. 

Central and Southern Florida Flood Control District requested an 
easement embracing 1.9 2 acres in Lake Okeechobee contiguous to 
Levee 47 in Okeechobee County. .The right of way would be used 
for the construction of a breakwater and stilling basin for the 
protection of Henry Creek Lock. The breakwater would be con- 
structed of rubble material obtained from upland sources, with 



5-11-71 



270 



no dredging within the lake. 

The Department of Natural Resources recommended approval of the 
project. The Game and Fresh Water Fish Commission and the Depart- 
ment of Air and Water Pollution Control had no objections to the 
project. 

The staff recommended approval of the right of way easement an d 
issuance of a construction permit subject to approval of con- 
struction plans by the Department of Air and Water Pollution 
Control . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. Conner and 
adopted without objection, that the easement and permit be 
approved subject to the approval of the Department of Air and 
Water Pollution Control. 



-5- 

ESCAMBIA COUNTY - Marina License , Termination and Refund 

On April 28, 1970, the Trustees authorized the issuance of 
Marina License No. 2 to 

Quadricentennial , Inc., c/o William Soule , 
Soule Construction Company, P. O. Box 1550, 
Pensacola, Florida. 

The applicant requested that the marina license be terminated and 
the first year's fee of $1,548.40 be refunded. A report from the 
Field Operations Division indicated that no work was done on 
proposed project. 

The staff recommended cancelling the license and refunding th e 
annual fee. 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Conner, seconded by Mr. Stone, that 
the staff recommendation be approved. 

Mr. O'Malley did not favor refund of the fee and made an amended 
motion to cancel the license without refunding the fee. There 
was no second to the amended motion. 

On Mr. Conner's motion the staff recommendation was accepted. 



-6- 

PALM BEACH COUNTY - Marina License, Section 253.03 F. S. 

Mystan Marina, c/o Mock, Roos , and Searcy, Inc., 
2930 Okeechobee Road, West Palm Beach, Florida, 

applied for a marina license to add 9,200 square feet to an 

existing facility in the Loxahatchee River in Section 31, 

Township 40 South, Range 43 East, Palm Beach County. The 
minimum annual fee of $184 was tendered. 

No dredging was required. The Department of Air and Water 
Pollution Control, the Department of Natural Resources, and 
the Game and Fresh Water Fish Commission had no objections 
to the project. 

The staff recommended approval. 



5-11-71 



271 



ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Christian and 
adopted without objection, the Trustees approved issuance of 
a marina license to the applicant. 



-7- 

MARTIN COUNTY - Marina License, Section 253.03 F. S. 

Sailfish Marina, c/o Greenlees, Arbogast & Montgomery, Inc. 
P. 0. Box 92, Stuart, Florida, 

applied for a marina license for a mooring facility containing 
37,600 square feet in Manatee Pocket of the Indian River abutting 
uplands in the Hanson Grant near Port Salerno, Martin County. 
No dredging was required. The minimum annual fee of $725 was 
tendered. 

The Board of County Commissioners of Martin County, the Game and 
Fresh Water Fish Commission, the Department of Air and Water 
Pollution Control, and the Department of Natural Resources, 
had no objections to the project. 

The staff recommended approva l . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and adopted 
without objection, the Trustees approved issuance of the 
marina license. 



SANTA ROSA COUNTY - Marina License , Amendment to Time Limit 

On March 16, 1971, the Trustees approved Marina License No. 26 
to the 

United States of America, Department of the Navy, 
Charleston, South Carolina, 

for a fishing and mooring facility in the Blackwater River in 
Section 35, Township 2 North, Range 2 8 West, Santa Rosa County. 

The Department of the Navy has requested an amendment to the 
"one year with option to renew for a period of one year" provision, 
to provide for a term of twenty years with right of renewal for 
an additional twenty years. 

The staff recommended approval. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Dickinson and adopted 
without objection, the Trustees approved amendment of the marina 
license as requested. 



-9 and 10- 



DADE COUNTY - Two oil lease assignments were removed from the 
advance agenda for further checking. 



5-11-71 



272 



-11- 

OKALOOSA AND SANTA ROSA COUNTIES - Oil Lease Assignment 

On March 24, 1969, an oil and gas lease was issued by Florida Board 
of Forestry to Arthur E. Meinhart covering the 1/4 interest in 
petroleum held by the State in 14,648.04 acres in Blackwater River 
State Forest. Beard Oil Company as successor to this lease by 
assignment desired to assign a 50% undivided interest to Maui Oil 
Corporation. 

Executed assignment was reviewed and approved by staff legal 
counsel as to form and legality. 

Division of Forestry approved the assignment. 

The staff recommended approval of assignment. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and adopted 
without objection, the Trustees approved the assignment. 

Prior to presentation of these minutes for approval, an error 
in the agenda was discovered. The request should have been 
for assignment from Beard Oil Company and Maui Oil Corporation 
to Continental Oil Company. With this correction, the assign- 
ment was approved. 



-12- 

COLLIER COUNTY - Grazing Lease Renewal 

D. Wayne Pringle, Immokalee , 
and R. B. Hemleben, Ocala, 

requested renewal of Grazing Lease No. 2184-S covering Section 16, 
Township 49 South, Range 32 East, containing 640 acres, more or 
less. 

The land was located 3 miles north of Alligator Alley and 20 miles 
southeast of Immokalee. The section supported a reported 15 to 20 
head of cattle for grazing, with approximately 500 acres being 
flooded or unusable for grazing from 4 to 7 months each year. 

A current appraisal by the. staff appraiser indicated an annual 
fair rental of 75£ per acre. Former lease rental was 35C per acre. 

The staff recommended renewal of grazing lease for an additional 
three years at increased rental, ninety-day cancellation clause 
and requirement that lessee pay any and all taxes which may be 
lawfully assessed. 

ACTION OF THE TRUSTEES: 

The Director pointed out that the recommendation should have 
included "three years" as the additional period of the renewal. 

On motion by Mr. Christian, seconded by Mr. Stone and adopted 
without objection, the Trustees approved renewal of the grazing 
lease for an additional three years at increased rental, ninety- 
day cancellation clause and requirement that lessee pay any 
and all taxes which might be lawfully assessed. 



-13- 

COLLIER COUNTY - Grazing Lease Renewal 

Mrs. Lois A. Crews, Immokalee, requests renewal of Grazing Lease 
No. 2320-S covering all of Section 16, Township 49 South, Range 
33 East, containing 640 acres, more or less, Collier County. 

5-11-71 



273 



The land is located three miles north of Alligator Alley, 24 miles 
southeast of Immokalee. Access was by fair weather road with half 
of the section remaining flooded or unusable for grazing all of the 
time. The tract would support a reported 20 head of cattle for grazing. 

A current appraisal by staff appraiser indicated an annual fair 
rental of 75 C per acre. Former lease rental was 30 C per acre. 

The staff recommended renewal of grazing lease for an additional 
three years at increased rental, ninety-day cancellation clause 
and requirement that lessee pay any and all taxes which may be 

Lav:f ully assessed. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and adopted 
without objection, the Trustees approved renewal of the grazing 
lease for an additional three years at increased rental, ninety- 
day cancellation clause and requirement that lessee pay any and 
all taxes which might be lawfully assessed. 



-14- 
POLK COUNTY - A request for approval of a land exchange was 

removed from the advance agenda . 



-15- 

PALM BEACH COUNTY - The Board of County Commissioners of Palm 
Beach County adopted a resolution on March 30, 1971, requesting that 
the Trustees order a moratorium on all dredging operations in 
the public waters of Palm Beach County, including certain fresh 
water lakes, until it can be ascertained that "dredging will not 
permanently degrade water quality nor cause irreversible damage to 
marine ecosytems . " 

Staff requested authority be given that an immediate inquiry be 
made based on the county's resolution to determine the imposing 
of a moratorium and the extent thereof . 

ACTION OF THE TRUSTEES: 

Mr. Dickinson made a motion to approve the staff recommendation. 

Mr. Shevin did not understand why the staff had difficulty 
ascertaining whether there were any existing permits that might 
be affected. The Director explained that the resolution was 
most comprehensive, ordering a moratorium for an undetermined 
length of time on all dredging operations in the public waters 
of the county including presently permitted private and public 
operations. Letters objecting to the resolution had been for- 
warded to the Board from Mr. W. T. Carlton of the Bureau of 
Beaches and Shores , Department of Natural Resources , because 
of beach nourishment and maintenance projects, and from the Area 
Planning Board of Palm Beach County. 

Mr. Kuperberg said the resolution was unworkable in his judgment 
as it requested suspension of all dredging for an indefinite 
time for judgments that would be extremely difficult to determine 
and would have to be funded. He suggested as an alternate measure 
that the Board might declare a moratorium on the issuance of 
dredge and fill permits in Palm Beach County. 

Mr. Shevin asked that some action be taken within a week or 
two. Mr. Stone thought a one-county moratorium would be un- 
realistic, that the staff should confer with the County Commission 
and bring the Board a conservation-minded, realistic recommendation. 

On the motion by Mr. Dickinson, seconded by Mr. Christian, the 
Trustees delayed action until the staff investigation was completed, 
within two weeks if possible. 



5-11-71 



274 

-16- 

MONROE COUNT Y - Mr. James G. Pace requested an opportunity 
to be heard~regarding the Trustees' action on April 27 in 
connection with the Loop Road property in Township 54 South, 
Range 33 East, Monroe County (Gum Slough area) . 

Representing owners of about 10,000 acres of land purchased 
in 1963 South of the Loop Road (an extension of Tamiami Trail) , 
north of Everglades National Park, Mr. Pace discussed his 
clients' plan to use 1,800 acres for experimental farming 
where farming had been done in the 1930 's, containing and 
regulating the water within the private land by diking. He 
displayed maps and soil maps, discussing the soil, the use 
of trace minerals as fertilizer, the natural drainage in 
the area and the diking effect of the Tamiami Trail at the 
present time, the Gum Slough that acts as east-west natural 
drainage for part of the property. He did not see that 
the private owners' use of their land would damage the ecology 
or ruin the Park. He pointed out that many acres in the Park 
had not been purchased from the private owners but had been 
used for about fourteen years. 

Mr. Pace spoke of the owners' effort to form a drainage dis- 
trict under the General Drainage Law of Florida. Now, taking 
a small portion of their property, the private owners were 
trying to find out if their experimental farming plans would 
work. While they were not ecologists or conservationists, they 
were aware of the trend and were trying to conform to the 
objections. They had done nothing illegal and objected to 
criticism and litigation to prevent them from using their own 
land for farming or raising cattle. 

Attorney General Shevin had brought this matter to the attention 
of the Trustees several weeks ago and recommended immediate 
action to protect the state-owned land and coastal waters that 
were threatened with damage as evidenced by the action of the 
Circuit Court in ruling against the establishment of a drainage 
district. Mr. Shevin said the Trustees should take action 
to protect the state lands from a cut-off of water and a 
resulting disruption of the natural food chain in the area, as 
well as affecting the water supply of the public, relying on 
the Circuit Court ruling on the drainage district and seeking 
an injunction on the basis that the development would detrimentally 
affect the state. The facts brought out by Mr. Pace should be 
brought out in the court. Mr. Kittleson had also recommended 
filing of a suit, which Mr. Shevin ' s office had almost ready 
to file in an effort to protect state land from damage that 
might result from the proposed diking. 

Governor Askew said it was not the intent of the Trustees to deprive 
owners of the lawful use of their land, but in that particular area 
it appeared that the use of some land might have an adverse effect on 
other land and the Board decided on the advice of the Attorney General 
that it should be litigated to determine the extent of individual 
rights as opposed to the larger areas that might be detrimentally 
affected. It posed a serious problem, and the Board appreciated 
the information Mr. Pace had offered. 



-17- 

PALM BEACH COUNTY - Dredge Permit, Section 253.123 F. S. 

The application from Vista Builders, Inc. , for permission to 
install a seawall and perform maintenance dredging was with- 
drawn at the request of the Palm Beach County Planning Board. 
The matter would be reviewed with that agency. 



5-11-71 



275 



-18- 

OKALOOSA COUNTY - Fill Permit, Section 253 . 124 (8 ) -171 

Dr. R. S. Ellis 

P. 0. Box 685, Niceville, Florida 32578 

requested approval of a permit issued by Okaloosa County on 
January 12, 1971, to construct a seawall and backfill land subject 
to avulsion. The land would be filled by trucking in material in 
Choctawhatchee Bay lying adjacent to Section 21, Township 1 South, 
Range 22 West. An area with dimensions of 140 ft. by an average 
width of 15 ft. would be filled. 

The purpose of the permit was to prevent further erosion and to 
prevent loss of several large oak trees. The applicant stated that 
since the application was submitted further erosion had occurred 
to a point where the dwelling now lay within 15 ft. of the shoreline, 

Request authority to issue permit subject to recommendation of 
the Department of Natural Resources that the area to be filled be 
reduced by one-fourth . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Dickinson and adopted 
without objection, the Trustees authorized issuance of the 
fill permit subject to compliance with the recommendation of the 
Department of Natural Resources that the area to be filled be 
reduced by one-fourth. 



Mr. Shevin, noting that the report of the Technical Advisory 
Committee on Fill was received on April 13, asked the Director 
if he was in a position to make a recommendation. Mr. Kuperberg 
advised that the delay was caused by the work on the Marco Island 
matter, and he expected to be able to report within a week or two, 



-19- 

BAY COUNTY - State Marina License, Section 253.0 3 F. S. 

On February 3, 1970, the Trustees approved issuance of State 
Commercial Dock Permit No. CD-1635 to Major Clyde Weber for 
a commercial marina facility in Pitts Bayou in St. Andrews 
Bay in Section 24, Township 4 South, Range 14 West, Bay County, 
in the City of Parker. Due to delay in issuance of the Corps 
of Engineers permit, the applicant was unable to begin con- 
struction within the required time limit of 120 days provided 
by the State permit granted at that time. Major Weber reapplied 
for state approval under a marina license for a 115-ft, 10-slip 
facility. The previously authorized structure was 170 feet 
long and provided 2 2 slips. 

The City of Parker on April 12 submitted copies of a proposed 
zoning ordinance to be voted upon September 2 and a construction 
permit ordinance to become effective May 20, 19 71. 

On April 13 action was deferred for one week for further infor- 
mation regarding the city action. In view of the fact that the 
City of Parker was proposing an ordinance to control commercial 
development within the city, on April 2 7 the staff recommended 
that the application for a marina license be denied without 
prejudice . 

On April 2 7 the Trustees deferred action for two weeks and the 
Governor directed the Executive Director to notify the city of 
the deferment and that the Board desired a representative to be 
present to explain the position of the city so that the matter 
might be disposed of properly. This had been done, and it had 
been indicated to the staff that a representative from the City 
of Parker would be in attendance to present the city's position. 



5-11-71 



276 



ACTION OF THE TRUSTEES : 



Mr. William J. Roberts and his client, Major Clyde Weber, were 
present. Mr. Roberts pointed out that the city objected to further 
commercial development in Pitts Bayou, but in fact it was already 
heavily commercial on the side of the Bayou where Mr. Weber's 
property was located, including tugboat and barge facilities. 
His client had purchased it for commercial use, and had previously 
received a permit for a dock from the state and a permit from 
the city. The Corps of Engineers had indicated that the dock 
would not interfere with navigation, no dredging was required, 
and the construction would be subject to building permit require- 
ments of the city. 

City Councilman Donald L. Benoit, representing the City of Parker, 
discussed the small city's situation and based objections on the 
previous letters from the city and four letters of objection. He 
said the young community had many problems , that this area was 
a recreation area, and the city council wanted the people to 
indicate whether or not they actually desired the zoning. 

Mr. O'Malley said his motion two weeks ago was seconded and 
deferred to allow the city to explain its position. It had been 
pointed out that tugboats and barges used the bayou and he was 
concerned about getting involved in zoning matters that were local 
issues. He noted that the Board had approved other marina licenses 
on this date. Mr. Christian agreed with him. 

Governor Askew spoke of the councilman's reference to sewage 
problems but pointed out that there were no objections to this 
application from the Department of Air and Water Pollution 
Control. The Trustees had delayed a decision in deference to the 
city, but it was not certain that the people of Parker in 
September would vote against commercial zoning for this area. 

On the motion by Mr. O'Malley, seconded by Mr. Stone and adopted 
without objection, the Trustees approved the application of 
Major Weber for a state marina license. 



On motion duly adopted, the meeting was adjourned, 




GOVERNOR 



/ CHAIRMAN 



ATTEST: 




Tallahassee, Florida 
May 18, 1971 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the Haydon Burns Building, with 
the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Fred 0. Dickinson, Jr. 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



The minutes of May 4 were approved as submitted. 



5-18-71 



277 



-1- 

VOLUSIA COUNTY - Land Exchange File No. 2395-64-253.42 

John C. Gross as President of Yacht Club Island Corporation, New 
Smyrna Beach, Florida, represented by Mr. Hal McClamma, requested 
the Board of Trustees to exchange 0.51 acre parcel of sovereignty 
land for two parcels of submerged land embracing 0.55 acre and 
0.0 8 acre. The two parcels of submerged land were within an area 
previously conveyed by the Board. In addition, applicant agreed 
to pay $1,815, the difference in the appraised value of the 0.51 
acre parcel and the 0.55 acre parcel. 

The parcel to be conveyed was landward of the bulkhead line approved 
by the Board on February 16, 1971. The exchange was advertised 
for objections and two objections were received. 

The objections concern what the proposed development might do 
to land values, ecology, and aesthetic values. 

On February 16, the Trustees granted the applicant a fill permit 
to fill his uplands. 

All material to fill the area would be obtained from the maintenance 
dredging of the Intracoastal Waterway. A bond in the amount of 
$20,000 for 20,000 cubic yards of material was posted in the 
Bank of New Smyrna payable to the Trustees. Applicant also agreed 
to replant mangroves at the southerly end of the island under the 
supervision of the Department of Natural Resources. 

A supplemental biological report dated May 5, 1971, from the 
Department of Natural Resources found that the exchange would 
result in the state acquiring a small productive area containing 
valuable marine habitat, for a parcel that was sandy and unvegetated. 

Recommend that the Trustees enter into the exchang e. 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. O'Malley, seconded by Mr. Stone and adopted 
without objection, that the Trustees enter into the land exchange 
with Mr. John C. Gross as president of Yacht Club Island Corporation. 



-2- 

POLK AND OSCEOLA COUNTIES - Lake Hatchineha 

Consideration of a conveyance of lands to be included in a proposed 
wilderness area and granting of a navigation channel dredge permit 
was withdrawn from the advance agenda pending receipt of a resolu- 
tion from the Florida Game and Fresh Water Fish Commission. The 
Director said the staff hoped to have the matter on the agenda on 
May 25. 



-3- 
COLLIER COUNTY - Consideration of Permit Extension 

(A) File No. 253.123-51 

(B) File Nos. 253.123-678, 253.124-149 

Applicant: Marco Island Development Corporation. 

In accordance with action taken by the Trustees on April 13, this 
matter was scheduled on May 18 for further consideration. 

5-18-71 



278 



ACTION OF THE TRUSTEES: 



The Director had reviewed the entire matter involving the 
Marco Island permit extension request. The Big Marco River 
permit was originally issued by the Army Corps of Engineers 
in 1964, expired, was reissued and again expired in January, 
was extended for ninety days during which time the extension 
of Smokehouse Creek-Roberts Bay permit was considered, and 
both permits had been extended until this date. 

The staff presented a series of preliminary recommendations 
and set two deadlines. On June 1, the staff would report to 
the Trustees on the progress made with Marco Island Development 
Corporation toward an agreement, and on June 15, would submit 
that agreement to the Trustees or indicate that no agreement was 
reached. 

Mr. Kuperberg explained that during the negotiations, the staff 
was trying to resolve the entire matter involving some 19,500 
acres of land in M. I. D. C. ownership so that consideration 
could be given to a revised plan for the ecological impact of 
the development. He had searched for a solution at the federal 
level also, because a settlement unacceptable to federal agencies 
that issue permits would not solve the problem. 

The Director recommended approval of the applicant's request for 
extension of the two permits until June 15, pending the Trustees' 
consideration of the staff recommendations. 

On motion by Mr. O'Malley, seconded by Mr. Dickinson and adopted 
without objection, the Trustees approved all the following 
recommendations of the staff : 

1. Marco River and Roberts Bay renewal application s : 

That these permit areas be further examined, in cooperation with 
the applicant, to determine if modifications can be made within 
the framework of the existing development. (Modifications such 
as use of riprap seawalls where feasible; further limitations on 
dredge areas; establishment of experimental mangrove areas, etc.) 

2 . Areas which have been platted but not yet permitted; or are 
conditionally permitted; or await permits from other agenci es : 

That in addition to the same examination as specified in (1) above, 
the staff and applicant jointly examine the possibility of a con- 
veyance by applicant to the State or other appropriate authority 
of an undisturbed area or areas which would include submerged 
lands and uplands owned by the applicant and consist of • a com- 
plete and viable ecosystem and would at least equal the total 
area to be disturbed. 

3. Areas not platted; or which await permits from other agencie s : 

That a series of ecological constraints be developed which will 
give maximum protection to the marine ecosystems. Property law 
principles shall yield in favor of these ecological constraints. 

4. That a study period be provided to June 1, 1971, thus giving 
the Trustees time to study the information submitted, providing 
the applicant time to discuss the above recommendations with the 
staff, and providing the applicant sufficient time to file infor- 
mation responsive to these preliminary recommendations. 

5. On June 15, 1971, the staff will present to the Trustees its 
proposed agreement (or nonagreement) with the applicant and make 
its detailed recommendation. At that time the applicant may be 
heard if necessary. 

6. The applicant has requested that the two permits subject to 
the renewal applications be extended to June 15, 1971, pending 
Trustees' consideration of staff recommendation. 

Governor Askew commended the Director on his work on the Marco 
Island matter and his good faith in trying to seek a solution 
to a very difficult problem. 

5-18-71 



279 



CORRECTIVE DEED - Murphy Act 

Request approval of Murphy Act Report No. 9 84 listing one 
corrective deed: 

County of Manatee Deed No. 826-Corrective to H. H. Adams 
and Vera Adams to be issued in lieu of Manatee County 
Deed No. 826 dated December 9, 1944, to H. H. Adams or 
Vera Adams. Purpose of the correction was to change "or 1 
to "and" in the name of the grantee. 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and adopted 
without objection, the Trustees approved issuance of the 
corrective deed. 



-5- 

PATENTS , TRADEMARKS AND COPYRIGHTS 

Under Chapter 70-440 legal title to any patent, trademark or 
copyright held or acquired by the State was transferred to 
the Board of Trustees with authority to enforce the rights of 
the State in these matters, protect against improper and unlawful 
use and infringement, enforce collections of any sums due. The. 
law also provided for the Board of Trustees to sell any of the 
patents, trademarks or copyrights and to execute any and all 
instruments on behalf of the State necessary to consummate any 
such sale. The law provided authority to license, lease, assign 
to any person, firm or corporation for the manufacture or use 
on a royalty basis or other consideration. 

Chancellor Robert B. Mautz of the State University System has 
requested transfer to the Board of Regents of any rights and 
interest held by the Board of Trustees in an invention called 
"Spectrometer System" which was developed by Dr. David T. Williams, 
a member of the faculty of the University of Florida. The transfer 
would afford the Board of Regents the opportunity to pursue the 
matter with Spectrometries of Florida, Inc. to the best interest 
of the University of Florida and the State University System of 
Florida. 

This invention arose out of activities assisted by a U. S. 
Department of Health, Education and Welfare grant. That department 
had first right of ownership in the invention and agreed to allow 
the University to assume ownership for purposes of development 
but would not lease this right to the State of Florida. 

Recommend that Trustees assign to the Board of Regents for the use 
and benefit of the University of Florida the full and exclusive 
rights to the application and patent that may be issued . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and adopted 
without objection, the Trustees approved the assignment as 
recommended. 



-6- 

LITIGATION - Coastal Petroleum Company 

Staff reported to the Board on the status of the litigation, 
Coastal Petroleum Company vs. Secretary of the Army of the 
United States, USDC Southern District No. 6 8-951-CIV-CA and 
69-699-CIV-CA Consolidated. 



The firm of Beckham and McAliley had been representing the 
Trustees in this litigation. 



5-18-71 



280 



The final judgment in this suit was received and the court 
declared that as to issue (1) , Leases 224-A, 224-B, and 248 
were declared to be valid and existing leases and that limestone 
was a mineral within the meaning of that term as used in Lease 
248. 

As to issue (2) , the United States had the right to deny is- 
suance of a permit to mine within the area subject to applica- 
tion for permit with the determination that there was no taking 
of Coastal's property by reason of denial of permit and no 
liability to Coastal assessed to the Flood Control District 
or the Trustees for the material used in construction of Levee 
47 on Lake Okeechobee. 

The order further stated that Coastal's obligations as lessee 
under the terms of the several leases were suspended and that 
the suspension shall not expire until a reasonable time after 
the time for appeal of issue (1) of the judgment has run, or 
the receipt of the mandate on appeal by the Clerk of the Court 
after appeal challenging issue (1) of this judgment. 

On the basis of the reasons set forth in the memoranda furnished 
to the Board, the staff recommended that appeal be taken on this 
matter and further recommended that the firm of Beckham and 
McAliley continue to be retained to represent the Trustees . 

ACTION OF THE TRUSTEES: 

The Governor commented that the state had everything to gain 
and nothing to lose by pursuing an appeal. 

On motion by Mr. Christian, seconded by Mr. Stone and adopted 
without objection, the Trustees authorized the appeal and retained 
the firm of Beckham and McAliley to represent the Boards. 



On motion duly adopted, the meetin 



GOVERNOR 



ATTEST: 




adjourned. 



JU^^.^Lr 



CHAIRMAN 



* * * * 



* * * * 



* * * * 



Tallahassee, Florida 
May 26, 1971 



The State of Florida Board of Trustees of the Internal Improve- 
ment Trust Fund met on this date in the conference room of the 
Governor in the Capitol, with the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Thomas D. O'Malley 
Floyd T. Christian 



Governor 

Secretary of State 

Attorney General 

Treasurer 

Commissioner of Education 



Joel Kuperberg 



Executive Director 



On motion by Mr. Stone, duly adopted, the Trustees approved the 
minutes of May 11 as corrected to show approval of an oil lease 
assignment from Beard Oil Company and Maui Oil Corporation 
to Continental Oil Company in the item numbered eleven. 



5-26-71 



281 



-1- 

MANATEE COUNTY - Dedication, File No. 2390-41-253.03 

The National Audubon Society, represented by Myron G. Gibbons 
of Tampa, Florida, requested dedication of Whale Island and 
the sovereignty land within 400 feet of the island in Sarasota 
Bay, embracing approximately 26 acres adjacent to Section 31, 
Township 35 South, Range 17 East, Manatee County, to be used 
as a wildlife sanctuary. 

The Department of Natural Resources reported that dedication 
of the island and nearby sovereignty land would give the highly 
productive biological area an extra measure of protection. 

The parcel was advertised for objections and no objections were 
received. 

Recommend that dedication be issued containing a reverter clause 
in the event the area is abandoned as a wildlife sanctuary . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Christian and 
adopted without objection, the recommendation of the staff 
was approved as the action of the Board. 



-2- 

COLLIER COUNTY - Artificial Reef Permit, Section 253.03 F. S. 

Marco Island Development Corporation 
Post Office Box 280, Miami, Florida 33129 

requested a permit to install an artificial reef in the Gulf of 
Mexico one and two-tenths (1.2) miles west of Marco Island. The 
reef would be one (1) mile long and one-half (1/2 mile wide. 
The corner locations would be : 



Corrected. 
See minutes 
July 6, 1971 



25° 56' 24" North Lat. 81° 46' 15" West Long. 

25° 56' 24" North Lat. 81° 45' 45" West Long. 

25° 55' 32" North Lat. 81° 45' 45" West Long. 

25° 55' 32" North Lat. 81° 46' 45" West Long. 



The applicant would install approximately 15,000 tires per year 
for a period of five years (anchored in place with concrete blocks) 

The biological report was not adverse. 

The Department of Natural Resources recommended approval subject 
to the site being adequately marked by buoys on all four corners 
to prevent damage or entanglement of fishermen's nets. 

The Department of Air and Water Pollution Control and the Game 
and Fresh Water Fish Commission had no objections. 

$50 processing fee was tendered. 

The staff recommended approval of the project. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the Trustees approved the project and 
authorized issuance of the artificial reef permit. 



5-26-71 



282 



-3- 

DUVAL COUNTY - Utilities Easement 

The City of Jacksonville requested an easement for the con- 
struction of electric transmission lines, water mains and sewer 
lines over, under and across a parcel 105 feet wide and 2,568.96 
feet long. The easement is across a portion of the University 
of North Florida campus. The Board of Regents approved issuance 
of the easement at its April 5 meeting. The Game and Fresh Water 
Fish Commission inspected the site and approved the proposed 
easement route. 

Recommend issuance of the easement as requested. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and adopted 
without objection, the Trustees authorized issuance of the ease- 
ment to the City of Jacksonville. 



ESCAMBIA COUNTY - Emergency Dredge Permit, 
Section 253.123 F. S. 

Warren Petroleum Company, c/o R. S. Taylor 
P. O. Box 1589, Tulsa, Oklahoma 

On February 16, 1971, the Trustees approved State Dredge Permit 
No. 253.123-707 to allow" removal of silt and sand from applicant's 
barge slip 165 ft. long, 15 ft. wide and 7 ft. deep in Section 
59, Township 2 South, Range 3 West, Escambia County. The dredging 
was required to enable barges to be moored against the dock to 
reduce the danger of fuel spills. The material removed was to 
be placed on the applicant's upland. 

No fees for dredge material were required because the area sub- 
ject to dredging was filled as a result of sloughing off adjacent 
bank into the mooring site. 

The Department of Natural Resources biological report dated 
January 29, 1971, was not adverse. The Department of Air and 
Water Pollution Control stated that there was reasonable 
assurance that the project would be executed in a manner which 
would not violate applicable water standards. 

Corps of Engineers Notice 61-67 indicated a dredge depth of 
minus-12 feet mean low water. A review of the file with the 
applicant's engineer indicated that the agenda item of February 16, 
1971, should have specified a dre*dge depth of minus-12 feet mean 
low water. So that both the state permit and Corps permit would 
correspond, it was necessary to correct the state permit to indi- 
cate a minus-12 mean low water rather than a minus-7 mean low 
water from the existing subsurface. 

Staff requested authority to issue a corrected permit to allow 
dredging to minus-12 feet mean low water . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg explained that it was not a new dredge permit 
but modification of an existing permit. 

On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the Trustees approved issuance of the corrected 
permit as requested. 



5-26-71 



283 



-5- 

HILLSBOROUGH AND MANATEE COUNTIES - State Construction Permit 

Instrumentation Platform 
Pilings . 

Florida Power and Light Company 

P. 0. Box 3100, Miami, Florida 33101, 

applied for a state construction permit for the placement of 
three oceanographic instrumentation platforms in Townships 3 2 
and 3 3 South, Range 17 East, in Lower Tampa Bay, Hillsborough 
and Manatee Counties. A $100 processing fee was tendered. 

The stations would be used to house electronic equipment to 
measure water temperature, salinity, current speed and direction 
for determining baseline data and the effects of heated effluent 
discharged from the proposed Port Manatee electric generating 
facility . 

The Department of Air and Water Pollution Control , the Game 
and Fresh Water Fish Commission, the Department of Natural 
Resources , the Tampa Port Authority and the Board of County 
Commissioners of Manatee County had no objections to the pro- 
ject. 

The staff recommended approval of the project . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and adopted 
without objection, the Board approved the application for state 
permit. 



-6- 

PINELLAS COUNTY - State Marina License, Section 253.03 F. S. 
Ref. PCWNCA File No. 5 79 8 

Concord Arms Apartments, Inc. 

2566 Gary Circle, Dunedin, Florida, 

applied for a marina license for a docking facility covering 
218 square feet in St. Joseph Sound in Section 15, Township 2 8 
South, Range 15 East, Pinellas County. 

The Pinellas County Water and Navigation Control Authority 
approved the application on March 9, 1971. 

No dredging was required. The minimum annual fee of $100 was 
tendered . 

The Department of Natural Resources had no objection to the pro- 
posed facility, the Department of Air and Water Pollution Control 
had no objection to the location, and the Game and Fresh Water Fish 
Commission had no comments. 

Staff recommended appoval. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and adopted 
without objection, the Trustees approved issuance of a state 
marina license to the applicant. 



-7- 

MONROE COUNTY - Refund - Donald L. Wollard 

TIITF File No. 2182-44-253.12 

The Board in meeting on February 16, 1971, confirmed the sale 
of a parcel of filled sovereignty land embracing 0.25 acres in 

5-26-71 



284 



Florida Bay, Monroe County, to Donald L. Wollard for 3 times 

the appraised value or $3,195 and $50 to cover cost of appraisal, 

total $3,245. Applicant submitted a cashier's check for $3,345. 

Request authorization to refund the $10 excess that was submitted , 
ACTION OF THE TRUSTEES : 

The Director said the staff had learned that there was authority 
for such refunds without bringing each one to the attention of 
the Board. 

Governor Askew suggested that the refund be withdrawn from the 
agenda and handled by the staff administratively. 

It was so ordered. 



REFUNDS - Murphy Act 

Request authority for issuance of refunds to applicants for 
release of state road right of way reservations contained in 
Murphy Act deeds that the Department of Transportation did not 
recommend be released at this time, as follows: 

$15 to Biscayne Title & Mortgage Co. - Dade County Deed No. 2221 

$15 to Cassel and Benjamin - Dade County Deed No. 3474 

$15 to Van Buren Vickery - Dade County Deed No. 3665 

$15 to Charles R. Bennett - St. Johns County Deed No. 658 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Stone and adopted with- 
out objection, issuance of the four refunds was approved. 



-9- 

CORRECTIVE DEED - Murphy Act 

Request approval of Murphy Act Report No. 984 listing one 
corrective deed: 

County of Pasco Deed No. 950-Corrective to Pearl Lackey 
Thompson and Laura Lackey Matthews a/k/a/ Laura Lackey 
Mathews, to be issued in lieu of Pasco County Deed No. 
950 dated November 17, 1944, to B. H. Hermanson. 

The purpose of the correction was to change the name of the 
grantee from B. H. Hermanson, who was deceased on the date of 
the original Murphy Act deed, to Pearl Lackey Thompson and 
Laura Lackey Matthews a/k/a/ Laura Lackey Mathews. Staff 
counsel approved the corrective deed. 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Christian, seconded by Mr. Stone and 
adopted without objection, that the corrective deed be approved. 



-10- 

POLK AND OSCEOLA COUNTIES - Navigation Channel Dredge Permit 

Florida Ridge Cattle Company, 

P. 0. Box 1399, Winter Haven, Florida 33881, 

originally applied for a boundary line agreement and a permit 
for 3 navigation channels into Lake Hatchineha. The matter 

5-26-71 



285 



was deferred so that a biological report could be secured to 
determine whether the proposed boundary line agreement and 
navigation channel dredging would cause any biological damage. 
After consultation with representatives of the Game and Fresh 
Water Fish Commission and local conservation interests, the 
applicant agreed to withdraw its request for a boundary line 
agreement. 

In accordance with recommendations contained in a letter dated 
May 4, 1971, from the Game and Fresh Water Fish Commission, 
the applicant now proposes to convey to the Trustees all lands 
lying lakeward of a line that delineates . the tree line as shown 
on an aerial photograph (Exhibit "A") landward of an existing 
escarpment. This line is to be surveyed and plats are to be 
furnished by the applicant within 120 days after the Board's 
final affirmative action in accepting the conveyance and approval 
of the dredge permits, with the understanding that: 

(1) the area to be conveyed will be designated a wilderness 
area, with the applicant being permitted to: 

a. remove Spanish moss to improve visibility, but 
no trees shall be cut or pruned; 

b. create paths for pedestrian traffic and water 
access ; 

c. remove man-made debris and litter; 

d. spray for mosquito control using pesticides 
approved by the Game and Fish Commission; and 

e. maintain proposed navigation channels subject 
to receipt of required permits. 

Said wilderness area is to be characterized as a biological 
and aesthetic type. Use of the area by the public shall 
be to the extent compatible with this type and as set forth 
in Section 258.21, Florida Statutes, with the exception 
of hunting, picnicking and camping, which shall not be 
allowed. No oil or mineral exploration or recovery shall 
be allowed. 

(2) A portion of the area to be conveyed will be converted by 
the developer into a public bathing beach not to exceed 
500 front feet along the shoreline. The Game and Fresh 
Water Fish Commission shall have authority to alter the 
location of this beach up to 300 yards in any direction 
along the shore. Use of the beach will be subject to the 
following conditions: 

a. No trees will be removed or cut. 

b. No permanent or portable structures such as concession 
stands, restrooms or locker rooms, etc., will be 
placed on the beach or wilderness area without valid 
authori zation . 

c. No land alteration will be permitted lakeward of the 
demarcation line without approval of the managing 
agency and the Board of Trustees. 

d. The area dedicated as a public beach shall be and will 
remain as state-owned property. 

e. After the location has been finalized, the applicant 
or his successor in title shall cause to be prepared a 
plat defining the location of the beach and of the 
wilderness area. Said plat shall be reviewed on behalf 
of the Trustees by the chief cadastral surveyor, signed 
by him and recorded in the public records. 

(3) As the recommending agency, the Game and Fresh Water 
Fish Commission shall be designated as the duly 
authorized agent of the Board of Trustees of the 
Internal Improvement Trust Fund and shall be responsible 
for the management of the wilderness area. 

(4) The 3 navigation channels originally requested will 

be permitted with dimensions to comply with recommendations 
of the Game and Fish Commission. 



5-26-71 



286 

(5) The applicant will convey its right, title and interest 
in Big Gum Lake to the State of Florida. 

(6) The delivery of the instruments conveying the wilderness 
area and Big Gum Lake will be contingent upon the applicant 
acquiring all dredge permits, said instruments to be delivered 
to the Trustees ' staff 90 days after the applicant or his 
successor is granted a Corps of Engineers permit. 

(7) The applicant further agrees to execute a flowage easement 
up to 55 ft. m.s.l., agreeing to hold harmless the Central 
and Southern Florida Flood Control District and the State 

of Florida by virtue of any future regulation of lake levels 
under the Central and Southern Florida Flood Control project, 
the instrument granting the easement to be delivered 90 
days after receipt of the Corps of Engineers permit. 

The Department of Air and Water Pollution Control has certified 
the navigation channels in conformance with the federal water 
quality act, Public Law 91-224. 

The Game and Fresh Water Fish Commission has indicated by resolu- 
tion adopted May 21, 1971, that it will accept the responsibility 
of managing the wilderness area. The preservation of this margin 
of cypress trees on the lake will be beneficial in maintaining 
the water quality, fish habitat, sport fisheries and aesthetic 
beauty of this area. 

The applicant has submitted $7,000 in payment for an estimated 
quantity of 7,000 cubic yards of material to be excavated from 
the channels, which represents a $1 per cubic yard charge, with 
the understanding that any balance will be refunded when a final 
value has been determined by the Trustees for this material. 

The applicant and successors in interest understand that the 
permit to be granted regarding the construction of the three 
proposed channels and boat basins includes only the construction 
of those channels and boat basins and does not include the right 
to improve any existing canals or to connect new canals with the 
proposed channels and boat basins without further specific approval 
of the Trustees of the Internal Improvement Trust Fund and other 
involved governmental agencies. 

The conditions and stipulations contained in this agenda item 
will form the basis of Articles of Agreement to be executed by 
the Trustees and the applicant and successor in interest, with 
the details of the agreement to be worked out with the staff, the 
applicant, and successor in interest. 

The staff recommended that the Trustees accept the conveyance from 
the applicant in accordance with the conditions hereinbefor e 
stated, subject to the Game and Fresh Water Fish Commission ' s 
resolution of May 21, 1971, accepting the management responsi- 
bilities, with the further condition that all property and~ 
drainage taxes be paid by the applicant up to the time that the 
instruments of conveyance are delivered, the applicant to furnish 
a title certificate showing that the lands are free from all 
encumbrance sT 

The staff further recommended that the Trustees grant navigation 
channel dredge permits. 

ACTION OF THE TRUSTEES.: 

Mr. Kuperberg said that the matter actually was an agreement 
to agree, details of the agreement to be worked out with the 
staff, the applicant and the successor in interest. 

With a comment that it was an excellent solution to a problem, 
Mr. Christian made a motion, seconded by Mr. O'Malley, that 
the staff recommendations be approved. 



5-26-71 



287 

Mr. Shevin called attention to lengthy statutory procedures 
to be followed in taking lands for a wilderness area, and asked 
if there would be any conflict with a resolution passed by the 
Trustees in January 1970 against dredging in state-owned lakes. 

Mr. Kuperberg reassured the Board, stating that the resolution 
referred to dredging and filling or encroachment upon lakes. 
There would be no filling or encroachment in Lake Hatchineha 
in this application that involved only three navigational 
entries into the lake in a three and one-half mile length of 
shoreline, and 145 acres being given to the State of Florida 
to be dedicated as a wilderness area. As a biologist he would 
like to see all the marsh preserved but as a realist the Director 
knew the marsh was in private ownership and unless purchased by 
the State there was no way, according to legal counsel, to prevent 
the owner from developing that upland. The articles of agreement 
would reflect the fact that there must be a local hearing, the 
statutes would be followed, this appeared to be a significant step 
forward, and further improvements might be made. 

The Governor commended the staff for working out with the Game 
and Fresh Water Fish Commission the plans for the agreement. 

Mr. O'Malley said the agreement was a valuabfe precedent ecologically 
and commended his staff for studying the application in great detail 
and working closely with the Director and Trustees' staff on a 
very workable and sound solution. 

On Mr. Christian's motion, seconded by Mr. O'Malley and adopted 
without objection, the Trustees approved the recommendations with 
the understanding that the staff would proceed in accordance with 
the statutes. 



-11- 

PALM BEACH COUNTY - Dredge Permit, Section 253.123 F. S. 

Vista Builders, Inc. 

c/o Winningham & Lively, Inc. 

1040 Northeast 45 Street, Fort Lauderdale, Florida, 

(1) requested authorization to install a seawall along the mean 
high water line of the Intracoastal Waterway in Section 33, Town- 
ship 4 7 South, Range 4 3 East, and 

(2) requested a permit to perform maintenance dredging in a 
3,860 ft. length of the Intracoastal Waterway in Section 33, Town- 
ship 47 South, Range 43 East. 

The channel would be dredged from the existing depth of minus-12 
ft. to a depth of minus-16 ft. The width would remain at 150 ft. 
The purpose for overdredging was to provide for the release of a 
perpetual maintenance spoil area (MSA-654) to enable the parcel 
to be used by the record fee owner. The Trustees did not appear to 
have any fee interest in either the waterway right of way or MSA-654, 
The release of the spoil area was cleared by Florida Inland Naviga- 
tion District. 

The applicant agreed to pay the newly-established rate if the 
Trustees demonstrated an interest in any portion "of the 40,000 
cubic yards of dredge material which would be removed and placed on 
upland. A title opinion was requested to determine ownership 
of the area subject to dredging. 

The biological report stated that there was no significant amount 
of marine life in the area but recommended that mangroves growing 
within the Intracoastal Waterway right of way be left for use by 
wildlife . 



5-26-71 



288 



The Department of Air and Water Pollution Control certified 
this project, and the Game and Jresi Hater rish Commission 
issued a letter of no objection to the project. 

The item was withdrawn from the agenda of May 11 for the purpose 
of reviewing objections submitted by the Area Planning Board 
of Palm Beach County. The Area Planning Beard withdrew its 

objections insofar as release of the ease-en- as concerned. The 
matter of seawall realignment v=s tc he considered at -he next 
regular meeting. 

looal revievr was completed. However, he desired to stockpile 
landward of the mean high water line the material removed from 
the waterway . 



~r. an up-ar.o. sice. 
ACTION OF THE TRUSTEES : 

The previously considered matter had been placed by mistake on 

the advance agenda for Tune 1 and subsequently was placed on the 
agenda of May 26 as an addendum. 

Mr. Stone made a reopen that the rules be waived and the natter 
considered. "here was some discussion as tc whether a matter 
prepared as an addendum, properly circulated and received in rime, 
required a voce on waiver of the rules in order* to he considered. 
Governor Askew said that would he z'r.ez^ez. our, procedurally. 
Mr. O'Maiiey then seconded the motion to waive the rules for 
discussion of the Vista Builders application. 

Mr. Shevin asked for a two-weeks' deferment in crier for his 
staff to ascertain whether the County Commissioners objected, 

in view of their resolution requesting a moratorium on all dredging. 

He suggested a delay until some action was taken on the resolution. 
Mr. Stone agreed. 

Mr. Kuperberg advised the Board that a previous deferment was 
due to an objection from the Palm Beach County Area Planning Board 
that thought the land was in public ownership. The land was 
privately owned, under a spoil easement tc the Army Zeros of 
Engineers, and under a policy of the Ibrps the area would he 
released from the easement if the stretch of waterway was over- 
dredged, the land on both sides of the waterway was largely 
developed, the application appeared reasonable, and the staff recom- 
mended it. 

Mr. Albert J. Marinello, for the applicant, urged approval by the 
Board in view of the fact that over a period of about a year the 
applicant had satisfied the criteria of the Department of Natural 
Resources, Game and Fresh Water Fish Commission, Air and Hater 
Pollution Control Board, the Corps of Engineers, the Area Planning 
Board of Palm Beach County, and the City of Boca Raton. The 
Governor , pointing out that any member was granted a two-weeks ' 
deferment on request, suggested that Mr. Marinello meet with 
the staff to reconcile any questions. 

On Mr. Shevin's request, the application was deferred. 



The Director reported briefly with respect to the moratorium 
requested by Palm Beach County. He called attention to the 
many active permits in Palm Beach County for dredging and 
filling, his telephone conversations with the Palm Beach County 
Conservation Council and the County Attorney, and the conclusion 
that the resolution drafted in haste would place legal and 



5-26-71 



289 



economic burdens on the State of Florida. He indicated that 
a revised resolution would be presented to the Palm Beach 
County Commission by the conservation group of which Mr. Bob 
Bair was a member. 

Mr. Kuperberg assured the Trustees that he was anxious to re- 
solve the problems of dredging where there was no reason to 
dredge . 

Governor Askew expressed the Board's appreciation for the 
Director's efforts to work out those things and asked the 
staff to work with the Attorney General's office in the prepara- 
tion of recommendations to be considered by the Trustees. 



On motion duly adopted, the meeting was adjourned. 




GOVERNOR 



CHAIRMAN 



ATTEST 




Tallahassee, Florida 
June 1, 19 71 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the Haydon Burns Building, with 
the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred 0. Dickinson, Jr. 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



The minutes of May 18, 19 71, were approved as submitted, 



-1- 



BAY COUNTY - Confirmation of Sale 

File No. 2392-03-253.12 



Staff Description: 1.273 acre parcel of filled 

sovereignty land in East Bay, 
abutting Section 18, T 5 S, R 12 W. 



A. CITY AND COUNTY: Bay County 

B. APPLICANT: 



Donald Ray Gore 

Box 91 Wewahitchka Star Route 

Panama City, Florida 



6-1-71 



290 



C. ACREAGE: 1.273 

RATE PER ACRE: $392.77, $500 for the parcel, staff adjust- 
ment 

TOTAL OFFER: $1500 - three time the upward adjusted 
appraised value 

D. APPRAISAL: $290 for the parcel 
DATE: December 16, 19 70 

APPRAISER: David T. Nolen, M.A.I. , adjusted 

by staff appraiser 

E. PURPOSE: Residential Development 

F. BIOLOGICAL REPORT: Attached, dated February 16, 1971. 
Results not adverse. Remarks: Restoration of the filled area 
to its previous condition by removing the fill would be a 
questionable solution or recommendation. However, recommend 
removal of a small part of the fill at the south end to 
provide connection of a marsh area to open water. 

G. STAFF REMARKS: The parcel was landward of the bulkhead line 
approved by the Trustees on March 16, 1971. 

Applicant agreed to remove the fill as suggested by the 
biological report and agreed to pay three times the appraised 
value for the parcel. Applicant stated that the sale would 
be in the public interest as the alternative would not be 
in the public interest. 

Staff requested Mr. Gore to remove a portion of a dike in 
compliance with recommendation of Department of Natural 
Resources. To date, the applicant had not responded to the 
Staff request. This matter was advertised for consideration 
on this date. 

H. Recommend that action be deferred until applicant complies 
with request . 

ACTION OF THE TRUSTEES: 

The Director said that word was received yesterday from Mr. Gore 
reporting the removal of the fill material that the staff had 
requested him to remove, but on-site inspection had not yet 
been made. 

The Trustees deferred action at the request of the Director. 



-2- 

BROWARD COUNTY - Deactivate File 

File No. 2283-06-253.12 
Application to Purchase 

B. C. Deuschle, Sr., et ux 

2856 East Oakland Park Boulevard 

Ft. Lauderdale, Florida 33306, 

submitted an application for purchase of a 0.129 acre parcel 

in Middle River adjacent to Government Lot 2, Section 36, Township 

49 South, Range 42 East, Broward County. 

A suit was instituted to determine if the Trustees had any 
interest in the submerged lands subject to the application. The 
Court ruled in favor of the applicant, affirming title in him. 

Staff requested authority to deactivate file . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. O'Malley and adopted 
without objection, the Trustees authorized deactivation of the 
file. 



6-1-71 



291 



-3- 

HILLSBOROUGH COUNTY - Right of Way Easement 

TIITF File 2407-29-253.03 

The Department of Transportation 

requested an easement embracing 1.0 acre across the bottoms of 
Little Manatee River abutting Section 25, Township 32 South, 
Range 19 East, Hillsborough County, to be used for the construction 
of a bridge on State Road 43 (U. S. 301). 

Dredging or filling for the project was not required. 

The Department of Air and Water Pollution Control, the Department 
of Natural Resources, and the Game and Fresh Water Fish Commis- 
sion had no objections to the project. 

Recommend that easement be issued . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and adopted 
without objection, the Board authorized issuance of the easement. 



-4- 

Consideration of a Resolution submitted by Pinellas County Water 
and Navigation Control Authority. 

The Pinellas County Water and Navigation Control Authority adopted 
a resolution on May 18, 1971, requesting that the Trustees amend 
their present policy applying to issuance of permits and marina 
licenses for construction of non-commercial and commercial 
mooring facilities. 

The Trustees' current policy requires a marina license for all 
commercial facilities regardless of whether or not revenue is 
derived from occupancy of sovereignty lands and the water column. 
A single $10 fee is charged for private mooring facilities. 

The Authority desired a policy modification that would create 
a commercial mooring facility permit that would apply where no 
direct revenue was derived from use of the water column. This 
policy would apply to hotels, motels, apartment houses and other 
similar multiple occupancy uses. 

By recently adopted resolutions, the City of Treasure Island and 
Treasure Island Chamber of Commerce endorsed the Authority's 
request. 

The staff recommended that this third category be reestablished. 

The staff further requested the following rules be adopted to 
implement the proposed policy change : 

Any pier, wharf or other mooring facility constructed 
over state-owned submerged bottom lands or sovereignty 
lands used as an adjunct to commercial operations such as 
hotels, motels, apartments, dining facilities or commer- 
cial cargo handling facilities, would require a commercial 
dock permit. This requirement would apply to private, 
non-profit, social or fraternal organizations where 
dockage fees were not assessed. 

A non-refundable application fee of $100, in addition, a 
minimum annual charge of 2C per square foot but in no 
event less than $100 for the area subject to severence 
from public use, must be remitted when applying for a 
commercial dock permit. 

Refund of the charges for area severed from public use 
would be allowable when the applicant could show that 



5-1-71 



292 



(1) the Corps of Engineers has denied issuance of a 
federal permit, (2) local governing bodies denied 
issuance of a building permit or other permits that 
may be required by such authorities, (3) such facility 
would be contrary to public interest. 

The last rule would also be applicable to marina licenses. 

ACTION OF THE TRUSTEES: 

The Director stated that Pinellas County representatives had 
attended a conference with the Trustees ' staff members , and it 
was found that there was an area that needed further discussion. 
Deferment was recommended. 

Without objection, the Trustees deferred action. 



-5- 

MONROE COUNTY - Public Recreation Lease 

On April 1 the Outdoor Recreation Advisory Committee approved 
a grant of $50,000 to the City of Key West for development 
of recreational facilities on Smathers Beach. The Department 
of Natural Resources gave its approval of the project on 
April 13. 

The City of Key West forwarded a deed transferring ownership 
to the Trustees in return for a 99-year lease of the property 
consisting of 1,500 feet of beach and the grant. 

Recommend acceptance of the deed and issuance of 99-year lease 
to the city restricting use of the property to public recreational 
purposes under the supervision of the Department of Natural 
Resources . 

ACTION OF THE TRUSTEES: 

The Director stated that the lease would contain a cancel- 
lation clause whereby the Trustees would regain control in 
the event of non-compliance with terms of the lease. 

On motion by Mr. Christian, seconded by Mr. Dickinson and 
adopted without objection, the Trustees accepted the deed and 
authorized issuance of the lease as recommended. 



-6- 

PINELLAS COUNTY - Marina License, 253.03, F. S. 

Samuel D. Pettito 
197 - 116 Avenue 
Treasure Island, Florida 

applied for a marina license for an existing fishing pier covering 
864 square feet in Boca Ciega Bay abutting Section 23, Township 
31 South, Range 15 East, Pinellas County. 

The Pinellas County Water and Navigation Control Authority 
approved the project on March 16, 1971. Construction of the 
facility was completed about April 16, 19 71. No dredging was 
required. 

The Department of Natural Resources and the Game and Fresh Water 
Fish Commission had no objection to the facility. The Department 
of Air and Water Pollution had no objection to the location of 
the facility. 

Staff recommended approval of the license with an effective date 
of April 16, 19717 

6-1-71 



293 



ACTION OF THE TRUSTEES: 



Because action had been deferred on consideration of policy 
with respect to dock permits and marina licenses, the Director 
requested that agenda items 6 and 7 be considered under the 
marina license classification. 

On motion by Mr. Dickinson, seconded by Mr. O'Malley and Mr. 
Conner, adopted without objection, the Trustees authorized 
issuance of a marina license with the effective date of 
April 16, 1971, as recommended. 



-7- 

ST. LUCIE COUNTY - Marina License, Section 253.03 F. S. 

Hoy t C . Murphy 

P. 0. Box 446 

Fort Pierce, Florida 33450 

applied for a marina license for a fishing dock facility 
covering 1,150 square feet in the Fort Pierce Inlet abutting Section 
36, Township 34 South, Range 40 East, St. Lucie County. No dredging 
would be required. The minimum annual fee of $100 was tendered. 

The Department of Natural Resources, the Corps of Engineers and 
the Game and Fresh Water Fish Commission had no objection to the 
project. The Department of Air and Water Pollution Control had 
no objection to the location of the project. 

Staff recommended approval. 

ACTION OF THE TRUSTEES: 

The proposed fishing dock would be cantilevered . 

On motion by Mr. Dickinson, seconded by Mr. Stone and adopted 
without objection, the Board authorized issuance of a marina 
license to Mr. Murphy. 



PALM BEACH COUNTY - Dredge Permit, Section 253.123 F. S. 

The application of Vista Builders, Inc., had been deferred 
at the request of Attorney General Shevin . In response to 
Mr. Shevin 's question regarding the effect of the moratorium 
requested by Palm Beach County and the resolution to be considered 
by the Trustees on this date, Mr. Kuperberg said the staff felt 
it could make a determination of whether or not this dredging 
was in the public interest. 

The application was deferred until next week as requested by 
the Attorney General. 



-9- 

DADE COUNTY - Dredge Permit, Section 253.123 F. S. 
Dredging for Navigation 

MacMillan Bloedel, Ltd. 

1075 W. Georgia St. 

Vancouver 105, British Columbia, Canada, 

applied for a permit to dredge for navigation in Section 31, 
Township 53 South, Range 42 East, Biscayne Bay, Miami, in an 
area 1,665 ft. by 200 to 915 ft. 140,000 cubic yards of 
material would be removed and deposited on Burlingame Island 



6-1-71 



294 



according to the recommendation of the Department of Natural 
Resources . 

The Department of Air and Water Pollution Control and the Game 
and Fresh Water Fish Commission had no objections. 

The submerged lands subject to dredging vested in the City of 
Miami by virtue of Chapter 8305, Acts of 1919. Therefore, no 
fee was being charged for materials dredged. 

Staff requested authority to issue the permit. 

ACTION OF THE TRUSTEES: 

At the request of the Secretary of State, action was deferred 
for two weeks. 



-10- 

SARASOTA COUNTY - Utility Dredge Permit 
Section 253.123 (2) (b) 
File No. 253.123 (2) (b) - 773 

Key Towers Apartments, Stanley Goldman 
P. 0. Box 1359, Sarasota, Florida, 

applied for a permit to install an 8-inch outfall pipe to 
accommodate condensate discharge from air conditioning equip- 
ment, to replace an installed outfall in Section 35, Township 
36 South, Range 17 East, in the Gulf of Mexico. The area 
dimensions would be 150 cubic yards, the depth minus-6 feet 
maximum to minus-3 feet minimum and the length 800 feet. 

The outfall would be securely anchored. The installation 
would comply with recommendations of the Bureau of Beaches 
and Shores, Department of Natural Resources. The Department 
of Air and Water Pollution Control and the Game and Fresh Water 
Fish Commission had no objections. 

Request authority to issue the utility installation permit . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson and Mr. Christian, seconded by 
Mr. Conner and adopted without objection, the Board approved 
issuance of the utility installation permit. 



-11- 

PALM BEACH COUNTY - The Board of County Commissioners of Palm 
Beach County adopted a resolution on March 30, 1971, requesting 
that the Trustees order a moratorium on all dredging operations 
in the public waters of Palm Beach County, including certain 
fresh water lakes, until it could be ascertained that "dredging 
will not permanently degrade water quality nor cause irrever- 
sible damage to marine ecosystems." 

The staff recommended adoption of a resolution responding to 
the request of the Board of County Commissioners. 

Comptroller Dickinson said the Director deserved great 
commendation for working out this matter. 

On motion by Mr. Dickinson, seconded by Mr. O'Malley and 
carried without objection, the Trustees adopted the following 
resolution: 



6-1-71 



295 



RESOLUTION 

WHEREAS, the Board of County Commissioners of Palm Beach 
County, by Resolution adopted March 30, 1971, did request 
that the Board of Trustees of the Internal Improvement Trust 
Fund order a moratorium on all dredging operations in the 
public waters of Palm Beach County until such time as it can 
be determined that continued dredging will not permanently 
degrade water quality nor cause irreversible damage to marine 
ecosystems, and 

WHEREAS, the Bureau of Beaches and Shores, Department of 
Natural Resources, and the Area Planning Board of Palm Beach 
County have filed objections to the ordering of such moratorium, 
and 

WHEREAS, this request has been reviewed with representa- 
tives of concerned private and public bodies from Palm Beach 
County, together with a study of the record of the Board of 
County Commissioners' meeting dealing with the subject 
resolution, and 

WHEREAS, it has been concluded that the imposition of a 
moratorium on all dredging may have widespread legal 
ramifications and, further, that such a moratorium would stop 
beach nourishment, inlet maintenance, and public navigation 
projects where dredging is required; 

NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees 
of the Internal Improvement Trust Fund, assembled in regular 
meeting on this the 1st day of June , A. D. 1971 , that the said 
Board of Trustees hereby declares a moratorium on the issuance 
of all dredge permits in Palm Beach County save those instances 
in which it can be shown that the issuance of such permits 
would be in the public interest. 

BE IT FURTHER RESOLVED that this moratorium shall continue 
in force until such time as the Board of County Commissioners 
of Palm Beach County shall determine that continued dredging 
will not permanently degrade water quality nor cause irrever- 
sible damage to marine ecosystems, or until such time as said 
Board of County Commissioners shall otherwise determine that 
the present requirements for certification by the Department 
of Air and Water Pollution Control and the biological surveys 
and ecological studies by the Department of Natural Resources 
provide sufficient protection of water quality and marine 
ecosystems; and that, upon having made such a determination, the 
Board of County Commissioners shall by resolution notify the 
Board of Trustees of the Internal Improvement Trust Fund of such 
determination and request the moratorium be lifted. 

IN TESTIMONY WHEREOF, the members 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 1st day of June, A. D. 1971 . 



REUBIN O'D. ASKEW 
Governor 



RICHARD STONE 
Secretary of State 

(SEAL) ROBERT L. SHEVIN 

State of Florida Attorney General 
Board of Trustees of 

the Internal Improvement FRED 0. DICKINSON, JR, 

Trust Fund Comptroller 



6-1-71 



296 



THOMAS D. O'MALLEY 
Treasurer 

FLOYD T. CHRISTIAN 
Commissioner of Education 

DOYLE CONNER 

Commissioner of Agriculture 



The Attorney General asked about progress on the G. A. C. 
matter . 

The Director advised that the work had been discussed with 
the Attorney General's aides. It involved an appraisal of 
about 28,000 acres in the Fahkahatchee swamp, and did require a 
considerable amount of work. 



On motion duly adopted, the meeting was adjourned, 




ATTEST: 




CHAIRMAN 



Tallahassee, Florida 
June 8, 1971 



The State of Florida Board of Trustees of the Internal Improve- 
ment Trust Fund met on this date in the Haydon Burns Building in 
Tallahassee, with the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Thomas D. O'Malley 
Floyd T. Christian 



Governor 

Secretary of State 

Attorney General 

Treasurer 

Commissioner of Education 



Joel Kuperberg 



Executive Director 



Without objection, the minutes of May 26 were approved. 



-1- 

CHARLOTTE COUNTY - Application to Purchase - Withdrawal 
TIITF File No. 1985-08-253.12 

Leslie J. Inglis and wife of Englewood, Florida, represented 
by I. W. Whitesell, Jr., submitted an application on April 3, 
1967, to purchase a parcel of sovereignty land embracing 0.93 
acre in Lemon Bay abutting Section 17, Township 41 South, Range 
20 East, Charlotte County. 



6-8-71 



297 



Applicant requested that the application be withdrawn and the 
application fee of $50 be refunded. 

The staff recommends that the file be deactivated and the applica- 
tion fee of $50 refunded, since the fee was submitted prior to 
adoption of the policy making application fees non-refundable. 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Stone, seconded by Mr. Christian and 
adopted without objection, that the file be deactivated and 
$50 refunded. 



-2- 

DADE COUNTY - Migrant Housing Land Transfer 

The Board of County Commissioners of Dade County by resolution 
adopted on May 18, 1971, requested transfer of title covering 
the W 1/2 of NE 1/4 of NW 1/4 of Section 2, Township 5 8 South, 
Range 38 East, containing 20 acres, more or less, to Dade County 
for the location of a migrant housing facility. 

The property was used by the Department of Transportation as a 
former road prison camp, that had been closed for a number of 
years. The property was recently used by the Department as 
a maintenance facility. The Department reviewed this request 
and agreed to relinquish further use of the property in order 
that it could be transferred to Dade County for migrant housing 
use. Dade County advised that because Federal funds would be 
used to finance construction of the housing facility, fee 
title was required. 

It is recommended that title be conveyed to Dade County by deed 
containing a reverter whereby title would automatically revert 
to the Trustees in the event (1) the land was used for purposes 
other than migrant housing, or (2) if not used for 3 consecutive 
years . 

ACTION OF THE TRUSTEES: 

Mr. Ralph Carey, Director of the H. U. D. agency for Dade County, 
was present. 

On motion by Mr. Stone, seconded by Mr. Shevin and Mr. O'Malley, 
and adopted without objection, the recommendation was approved 
as the action of the Board. 



-3- 

POLK COUNTY - Land Exchange 

The Department of Highway Safety and Motor Vehicles requested 
consideration by the Trustees of a proposed land exchange. 
The Department desired to obtain a 9.5 acre parcel owned by 
the City of Lakeland. The City agreed to lease this 9.5 
acre parcel to the Department for 50 years, receiving in 
exchange title to state-owned lots 14, 15, and 16, Block 17, 
Shore Acres Subdivision, located in East Lakeland. 

The 9.5 acre parcel was determined by the Department to 
be ideal for development of a field office complex, including 
a driver examining facility, future relocation of the Highway 
Patrol Station and a Motor Vehicles Division complex. 

The three lots owned by the Department since 19 4 6 in a resi- 
dential area, were not of a size and configuration suitable for 
the needed new facilities of the Department. 



6-8-71 



298 



An appraisal by an M.A.I, appraiser estimated the value of the 
three unimproved lots as $13,000. A fifty-year lease-hold 
interest in the 9.5 acre tract was appraised at $91,500. The 
9.5 acre tract was located at the intersection of Robson Street 
and Lakeland Hills Boulevard near Interstate 4. 

Recommend exchange as requested. 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Stone and adopted 
without objection, the Trustees approved the land exchange. 



-4- 

VOLUSIA COUNTY - Temporary Easement Extension 
Easement No. 2326-B 

The Ponce de Leon Port Authority, sponsoring agency for the 
federal project to stabilize Ponce de Leon Inlet, requested 
a time extension to March 30, 1972, for temporary easement 
No. 2326-B. 

The existing easement that expired June 1, 1971, provided for 
use of pipelines in constructing the North Jetty. 

The consulting engineer indicated the project was 89% completed. 
The delay in completing the project resulted from an underestimate 
of rock required . in constructing the jetty, a delay in acquiring 
rock from the mines, and the strike in the railroad industry. 

The Florida Board of Conservation initially reviewed the project 
plans and offered no objections when the Trustees considered 
the request on April 2, 1968. 

The staff recommends that the temporary easement be extended to 
March 30, 1972. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the Trustees approved extension of the 
temporary easement to March 30, 197 2. 



-5- 

MURPHY ACT REPORT NO. 98 6 - Sale of Alachua County Land 

Request approval of Bidding Report No. 9 86 and execution of 
deed for sale of a parcel of Murphy Act land in Alachua 
County under provisions of Section 197.350 Florida Statutes, 
to Grace M. Hall for the high bid of $300. 

The land, .certified to the state of Florida under tax sale 
certificates 1803 of 1930 and 7469 of 1933, was described 
as Lots 30 and 31 Block C, Lakeview Subdivision in Section 
26, Township 10 South, Range 22 East, Alachua County. 
The lots were approximately 25' x 110' each. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O'Malley and adopted 
without objection, the Trustees approved the report and 
authorized execution of the deed for the sale of Murphy Act 
land. 



6-8-71 



299 



-6- 
ALACHUA COUNTY - Easements for Road and Drainage 



The Department of Transportation requested an easement for 
drainage ditch purposes and an easement for road right of 
way covering 0.62 acres in Section 20, Township 10 South, 
Range 2 East, Alachua County. The easements are within 
the recently purchased Payne's Prairie property south of 
Gainesville. 

The request was reviewed by the Division of Recreation and 
Parks and approved by the Department of Natural Resources 
at its meeting April 27. 

The staff recommended issuance of the easements. 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg advised that there was no objection to the work. 

On motion by Mr. O'Malley, seconded by Mr. Stone and adopted 
without objection, the Trustees approved the easement for road 
and drainage purposes. 



-7- 

BROWARD COUNTY - File No. 1387-06-253.12. 

On November 29, 1966, the Trustees considered an application from 
W. D. Horvitz, president of Hollywood, Inc., to purchase a tract 
of sovereignty land in New River Sound in Section 25, Township 
50 South, Range 42 East, in the City of Hollywood, Florida, 
containing 44.1 acres, more or less. The Trustees deferred 
action for a period of ninety days in response to a request from 
Honorable John U. Lloyd, County Attorney of Broward County, 
for deferment to permit a new survey to be made of the area 
in question. 

The new survey was completed and reviewed by the Staff, and on 
request from the Staff the Attorney General on April 7, 1967, 
advised that the upland ownership of the applicant, Hollywood, 
Inc., with respect to the easterly one-half of New River Sound 
of the N 1/2 of Section 25, Township 50 South, Range 42 East, 
(which upland ownership was shown as Government Lot 1) , is no 
longer in existence and therefore the applicant could no longer 
be construed as an upland owner with the right to purchase 
this portion of New River Sound. The letter from the Attorney 
General further stated that no evidence was available to indicate 
the exact cause of the disappearance of Government Lot 1, but 
it could be presumed that such disappearance occurred by reason 
of a gradual and natural process. 

On the basis of this advice from the Attorney General, the 
Staff recommended deferment of any action concerning the appli- 
cation of Hollywood, Inc., for a period of sixty days to permit 
the applicant to institute legal proceedings to resolve all 
legal questions involved in this matter, and in the absence of 
the commencement of litigation within this period, that the 
Trustees reject the application as to the entire area. 

On April 25, 1967, motion was made by Mr. Williams, seconded by 
Mr. Dickinson, and adopted unanimously, that the Trustees defer 
any action for sixty days as recommended by the Staff, and if 
the applicant had not commenced litigation within that time, that 
the Trustees reject the application as to the entire area. 

The applicant did file suit on May 5, 1967, in conformity with 
the Trustees' action. An Order of Dismissal issued from the 
Circuit Court of the 2nd Judicial Circuit, Leon County, on November 
13, 1970. 



6-8-71 



300 



The Staff considered the status of the litigation and the motion 
by the Trustees on April 25, 1967, indicating that the application 
be rejected and further based upon the advice in a letter dated 
April 7, 1967, from the then Attorney General. 

The staff recommended that the application for purchase be denied 
and the file be deactivated . 

ACTION OF THE TRUSTEES : 

Mr. Kuperberg said in the judgment of the staff the land involved 
was sovereignty land that by accretion was raised to an elevation 
above sea level and was state land. 

On motion by Mr. O'Malley, seconded by Mr. Stone and adopted 
without objection, the staff recommendation was approved as the 
action of the Board. 



COLLIER COUNTY - Oil and Gas Lease Assignment 

Recommend consent to assignment of an undivided 1/2 interest 
in Oil and Gas Drilling Lease No. 2522-S from Shell Oil 
Company to Robert Mosbacher. 

The lease was issued by the Trustees covering the reserved 
1/2 interest of the Board of Education in the petroleum in 
privately-owned Section 16, Township 46 South, Range 29 East, 
and Section 16, Township 46 South, Range 30 East, Collier 
County. 

The instrument of assignment was reviewed and approved as to 
form and legality by staff legal counsel. The lease provided for 
assignment subject to approval and consent of the lessor. 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and adopted 
without objection, the Trustees consented to the assignment 
as recommended. 



-9- 

OKALOOSA COUNTY - Consideration of Oil and Gas Lease Bids 



On April 13 the Trustees authorized advertisement as requested 
by Amoco Production Company for sealed bids for three (3) oil 
and gas drilling leases covering a total of 26,400 surface 
acres in the Blackwater River State Forest in which the State 
held an undivided 1/4 mineral interest. 

Each lease would prohibit drilling operations in the waters 
of streams, rivers, and -lakes within the leased area. The lessee 
would be required to notify the Division of Forestry and the 
Game and Fresh Water Fish Commission prior to entering the land 
to conduct exploration Operations. 

The leases would require an annual rental of $1 per net mineral 
acre, $50,000 surety bond and at least one test well every 
2 1/2 years to a depth of 6,000 feet or to the Norphlet Sands, 
whichever is deeper. 

The royalty and acreage of each lease was as follows : 

Tract 1 - 5,542.05 surface acres at 1/6 royalty 
Tract 2 - 7,681.26 surface acres at 1/8 royalty 
Tract 3 - 13,168.09 surface acres at 1/6 royalty 

Invitation to bid was advertised pursuant to law in the Tallahassee 
Democrat and Okaloosa News- Journal with bids to be opened at 10:00 
AM (DST) on June 8, 1971 for consideration by the Trustees. 



6-8-71 



301 



ACTION OF THE TRUSTEES: 

On Mr. Stone's motion, seconded by Mr. O'Malley, that the bids 
be received and considered, Mr. James T. Williams reported the 
following bids . 

For Tract 1, Mellon Creek Exploration Co. submitted a bid of 
$34,291.37, and Amoco Production Company offered $24,371.12. 

On motion by Mr. Christian, seconded by Mr. Stone and Mr. O'Malley, 
and adopted without objection, the Trustees awarded the lease of 
Tract 1 to the high bidder, Mellon Creek Exploration Co. 

Governor Askew noted that under all the leases , drilling would 
be prohibited in streams, rivers, and lakes. 

For Tract 2, one bid was received from Amoco Production Company 
in the amount of $9,928.05. Mr. Williams recommended acceptance 
of the bid. 

On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the Board awarded lease of Tract 2 to Amoco 
Production Company. 

For Tract 3, one bid was received from Amoco Production Company 
in the amount of $17,019.74. Mr. Williams recommended acceptance. 

On motion by Mr. Stone, seconded by Mr. O'Malley, and Mr. Christian, 
and adopted without objection, the Board awarded lease of Tract 
3 to Amoco Production Company. 



-10- 

LEVY COUNTY - Shoreline Survey 

On December 1, 1970, the Trustees authorized the expenditure of 
$1,000 matching a similar amount from the County Commissioners 
of Levy County, for a cooperative pilot mean high water shore- 
line survey in Levy County. This survey was to be executed by 
M. K. Flowers and Associates, 532 S. E. 5th Avenue, Gainesville, 
Florida. 

To date the survey firm had not accomplished the survey nor 
indicated when it will be accomplished. The Board of County 
Commissioners and M. K. Flowers have been notified that the staff 
will recommend that the Trustees' commitment be terminated. 

The staff recommended that matching funds commitment be terminated 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and adopted 
without objection, the Trustees terminated the matching funds 
commitment since the survey was not undertaken. 



-11- 

PALM BEACH COUNTY - Dredge Permit, Section 253.123 F. S. 

Vista Builders, Inc. 

c/o Winningham & Lively, Inc. 

1040 Northeast 45 Street, Fort Lauderdale, Florida, 

(1) requested authorization to install a seawall along the mean 
high water line of the Intracoastal Waterway in Section 33, Town- 
ship 47 South, Range 43 East, and 

(2) requested a permit to perform maintenance dredging in a 

3,8 60 ft. length of the Intracoastal Waterway in Section 33, Town- 
ship 47 South, Range 43 East. 



6-8-71 



304 



for the construction of two new bridges replacing the existing 
bridge, to allow for four lanes of traffic. 

No dredging or filling will be required. The Department of 
Natural Resources, the Game and Fresh Water Fish Commission and the 
Department of Air and Water Pollution Control offered no objections 
to the project. 

Staff recommends approval. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Conner, seconded by Mr. Christian and adopted 
without objection, the Board authorized issuance of the ease- 
ment to the Department of Transportation. 



-2- 
LEE COUNTY 

On October 6, 1966, the Trustees issued Contract No. 24374 
(1817-36) to Shorehaven of Lee County, Inc., for the purchase 
of 13.57 acres of submerged land in the Caloosahatchee River 
in Section 28, Township 44 South, Range 24 East. This was on 
advance agenda of April 27 and deferred for on-site inspection. 

On-site inspection revealed that there had been no encroachment 
on the public lands and no dredging and filling had been done 
in the purchase area. 

All contract payments have been paid and under the terms of the 
contract, the purchaser is entitled to deed. 

Recommend issuance of deed . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, . seconded by Mr., Stone and adopted 
without objection, the Board authorized issuance of the deed 
to the purchaser. 



-3- 

MURPHY ACT REPORT NO. 987 - Sale of Lots in Alachua 

and Gadsden Counties 

Request approval of Bidding Report No. 987 listing 22 regular 
bids for sale of lots in Alachua and Gadsden Counties under 
provisions of Section 197.350 Florida Statutes. The land 
had been certified to the State of Florida under tax sale 
certificates. 

Alachua County: R. H. Wyrosdich offered the high bid of $150 
for 3 lots (two lots 25' x 120' and one a small triangle) in 
Block 21, Archer, Section 17, T 11 S, R 18 E. The Tax 
Assessor's value estimate for the land was $50. 

Gadsden County: Adrian C. Fletcher offered the high bid of 
$310 for 40 lots (25 ' x 107') in Washington Park Subdivision, 
Section 18, T 2 N, R 6 W. Trustees' staff appraiser reported 
$7.66 per lot as an equitable price. The bid was $7.75 per lot, 

Request authority for execution of deeds . 

ACTION OF THE TRUSTEES: 

The Director explained briefly the reason for the rather low 
lot values. The staff recommended approval of the sales. 

On motion by Mr. Conner, seconded by Mr. Christian and adopted 
without objection, the Trustees approved the Murphy Act report 
and authorized execution of deeds pertaining thereto. 

6-15-71 



305 



DADE COUNTY - The dredge permit application of MacMillan Bloedel 
Ltd., was approved by the Trustees on June 8. 



-5- 

HOLMES, WASHINGTON, AND WALTON COUNTIES - Snag Removal to 
Improve Navigation in Choctawa tehee River and Holmes Creek. 

The Game and Fresh Water Fish Commission requested a permit 
authorizing removal of snags to improve navigation in the 
Choctawha tehee River and Holmes Creek. The work will be done 
during a six-month period beginning June 1, 1971. 

Disposal of debris will be on property owned by International 
and St. Regis Paper Companies sufficiently distant from the 
shoreline to insure that it will not re-enter the river. 

Staff recommends approval. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Dickinson and adopted 
without objection, the Trustees approved issuance of the 
permit requested by the Game and Fresh Water Fish Commission. 



-6- 

LAKE AND ORANGE COUNTIES - Dredge Permit 

The Game and Fresh Water Fish Commission requested a permit 
to engage in an experimental dredging project in Lake Carlton 
for the purpose of redistributing sediments. 

A sand suction dredge will be used to obtain sand under deep 
muck deposits and redeposit it over areas presently covered 
with a thin layer of muck. 

There will be no fill exposed above the lake's surface. 

Staff requests authority to issue permit . 

ACTION OF THE TRUSTEES: 

Mr. Stone made a motion, seconded by Mr. Christian and adopted 
without objection, that the dredge permit be approved. Mr. Stone 
also urged the Director to study the possibility of an experi- 
mental program in the model project approach in the Miami River. 



-7- 

OKALOOSA COUNTY - Spoil Island Lease 2224 

Rhett E. Cadenhead, W. F. Davis, and M. P. Cox requested renewal 
of their lease which expires July 6, 1971, for an additional 
five year period under provisions of the option stated in 
paragraph 2 of said lease. 

The Board of Trustees adopted a policy on August 11, 1970, 
whereby all spoil islands would be left in their natural state 
to insure their preservation. 

The staff has received numerous objections to the commercial 
development of this spoil island. 

Staff legal counsel and the Attorney General's Office state 
there is no legal obligation to renew the lease for an additional 
term. 

Staff recommends that the lease not be renewed and the file be 
deactivated upon expiration of the present lease . 

6-15-71 



302 

The channel would be dredged from the existing depth of minus-12 
ft. to a depth of minus-16 ft. The width would remain at 150 ft. 
The purpose for overdredging was to provide for the release of a 
perpetual maintenance spoil area (MSA-654) to enable the parcel 
to be used by the record fee owner. The Trustees did not appear to 
have any fee interest in either the waterway right, of way or MSA-65 4, 
The release of the spoil area was cleared by Florida Inland Naviga- 
tion District. 

The applicant agreed to pay the newly-established rate if the 
Trustees demonstrated an interest in any portion of the 40,000 
cubic yards of dredge material which would be removed and placed on 
upland. A title opinion was requested to determine ownership 
of the area subject to dredging. 

The biological report stated that there was no significant amount 
of marine life in the area but recommended that mangroves growing 
within the Intracoastal Waterway right of way be left for use by 
wildlife. 

The Department of Air and Water Pollution Control certified 
this project, and the Game and Fresh Water Fish Commission 
issued a letter of no objection to the project. 

The item was withdrawn from the agenda of May 11 for the purpose 
of reviewing objections submitted by the Area Planning Board 
of Palm Beach County. The Area Planning Board withdrew its 
objections insofar as release of the easement is concerned. The 
matter of seawall realignment was to be considered at the next 
regular meeting. 

The applicant agreed not, to construct the seawall until the 
local review was completed. However, he desired to stockpile 
landward of the mean high water line the material removed from 
the waterway. 

The staff requests authority to issue permit, for dredging only, 
subject to applicant depositing a bond to guarantee payment for 
materials removed if it is determined that the Trustees have a 
fee interest, and further subject to location of the stockpile 
on an upland site. 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg explained that the dredging was work that 
ultimately would be required by the Army Corps of Engineers 
in a designated intracoastal waterway. The staff recommended 
approval of that portion of the application. 

On motion by Mr. O'Malley, seconded by Mr. Stone and adopted 
without objection, the Trustees authorized issuance of a permit 
for dredging only, subject to the applicant depositing a bond 
to guarantee payment as recommended by the staff, and further 
subject to location of the stockpile on upland. 



-12- 

DADE COUNTY - Dredge Permit, Section 253.123 F. S. 
Dredging for Navigation 

MacMillan Bloedel, Ltd. 

1075 W. Georgia St. 

Vancouver 105, British Columbia, Canada, 

applied for a permit to dredge for navigation in Section 31, 
Township 5 3 South, Range 42 East, Biscayne Bay, Miami, in an 
area 1,665 ft. by 200 to 915 ft. 140,000 cubic yards of 
material would be removed and deposited on Burlingame Island 
according to the recommendation of the Department of Natural 
Resources. 

The Department of Air and Water Pollution Control and the Game 
and Fresh Water Fish Commission had no objections. 

The submerged lands subject to dredging vested in the City of 

6-8-71 



303 



Miami by virtue of Chapter 8305, Acts of 1919. Therefore, 
no fee was being charged for materials dredged. 

Staff requested authority to issue the permit. 

ACTION OF THE TRUSTEES: 



On June 1 the Board had deferred action for two weeks. The 
application was scheduled for June 15 but subsequently, at the 
request of the Secretary of State, it was circulated as an 
addendum to the agenda of this date. No objections were received. 
Mr. Stone had investigated and found that the Board could not 
require payment for the fill material. 

On motion by Mr. Christian, seconded by Mr. Shevin and adopted 
without objection, the rules were waived for consideration of 
the application on this date . 

On motion by Mr. Stone, seconded by Mr. Christian and adopted with- 
out objection, the Trustees authorized issuance of the dredge 
permit. 



On motion duly adopted, the meeting was adjourned, 




CHAIRMAN 



ATTEST: 




* * * 



* * * 



* * * 



* * * 



Tallahassee, Florida 
June 15, 1971 

The State of Florida Board of Trustees of the Internal Improve- 
ment Trust Fund met on this date in the Haydon Burns Building 
in Tallahassee, with the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred 0. Dickinson, Jr , 
Floyd T. Christian 
Doyle Conner 



Joel Kuperberg 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Commissioner of Education 

Commissioner of Agriculture 



Executive Director 



Without objection, the minutes of June 1 were approved as sub- 
mitted. 



-1- 



LEVY COUNTY - Right of Way Easement 

TIITF No. 2403-38-253.03 



The Department of Transportation requested an easement embracing 
0.6 4 acres across the bottom of the Withlacoochee River abutting 
Sections 2 and 3, Township 17 South, Range 16 East, Levy County, 



6-15-71 



304 



for the construction of two new bridges replacing the existing 
bridge, to allow for four lanes of traffic. 

No dredging or filling will be required. The Department of 
Natural Resources, the Game and Fresh Water Fish Commission and the 
Department of Air and Water Pollution Control offered no objections 
to the project. 

Staff recommends approval. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Conner, seconded by Mr. Christian and adopted 
without objection, the Board authorized issuance of the ease- 
ment to the Department of Transportation. 



-2- 

LEE COUNTY 

On October 6, 1966, the Trustees issued Contract No. 24374 
(1817-36) to Shorehaven of Lee County, Inc., for the purchase 
of 13.57 acres of submerged land in the Caloosahatchee River 
in Section 28, Township 44 South, Range 24 East. This was on 
advance agenda of April 27 and deferred for on-site inspection. 

On-site inspection revealed that there had been no encroachment 
on the public lands and no dredging and filling had been done 
in the purchase area. 

All contract payments have been paid and under the terms of the 
contract, the purchaser is entitled to deed. 

Recommend issuance of deed . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr., Stone and adopted 
without objection, the Board authorized issuance of the deed 
to the purchaser. 



-3- 

MURPHY ACT REPORT NO. 987 - Sale of Lots in Alachua 

~~ and Gadsden Counties 

Request approval of Bidding Report No. 987 listing 22 regular 
bids for sale of lots in Alachua and Gadsden Counties under 
provisions of Section 197.350 Florida Statutes. The land 
had been certified to the State of Florida under tax sale 
certificates . 

Alachua County: R. H. Wyrosdich offered the high bid of $150 
for 3 lots (two lots 25' x 120' and one a small triangle) in 
Block 21, Archer, Section 17 , T 11 S , R 18 E. The Tax 
Assessor's value estimate for the land was $50. 

Gadsden County: Adrian C. Fletcher offered the high bid of 
$310 for 40 lots (25' x 107') in Washington Park Subdivision, 
Section 18, T 2 N, R 6 W. Trustees' staff appraiser reported 
$7.66 per lot as an equitable price. The bid was $7.75 per lot, 

Request authority for execution of deeds . 

ACTION OF THE TRUSTEES: 

The Director explained briefly the reason for the rather low 
lot values. The staff recommended approval of the sales. 

On motion by Mr. Conner, seconded by Mr. Christian and adopted 
without objection, the Trustees approved the Murphy Act report 
and authorized execution of deeds pertaining thereto. 

6-15-71 



305 

-4- 

DADE COUNTY - The dredge permit application of MacMillan Bloedel, 
Ltd., was approved by the Trustees on June 8. 



-5- 

HOLMES, WASHINGTON, AND WALTON COUNTIES - Snag Removal to 
Improve Navigation in Choctawa tehee River and Holmes Creek. 

The Game and Fresh Water Fish Commission requested a permit 
authorizing removal of snags to improve navigation in the 
Choctawhatchee River and Holmes Creek. The work will be done 
during a six-month period beginning June 1, 1971. 

Disposal of debris will be on property owned by International 
and St. Regis Paper Companies sufficiently distant from the 
shoreline to insure that it will not re-enter the river. 

Staff recommends approval. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Dickinson and adopted 
without objection, the Trustee's approved issuance of the 
permit requested by the Game and Fresh Water Fish Commission. 



-6- 

LAKE AND ORANGE COUNTIES - Dredge Permit 

The Game and Fresh Water Fish Commission requested a permit 
to engage in an experimental dredging project in Lake Carlton 
for the purpose of redistributing sediments. 

A sand suction dredge will be used to obtain sand under deep 
muck deposits and redeposit it over areas presently covered 
with a thin layer of muck. 

There will be no fill exposed above the lake's surface. 

Staff requests authority to issue permit . 

ACTION OF THE TRUSTEES: 

Mr. Stone made a motion, seconded by Mr. Christian and adopted 
without objection, that the dredge permit be approved. Mr. Stone 
also urged the Director to study the possibility of an experi- 
mental program in the model project approach in the Miami River. 



-7- 

OKALOOSA COUNTY - Spoil Island Lease 2224 

Rhett E. Cadenhead , W. F. Davis, and M. P. Cox requested renewal 
of their lease which expires July 6, 1971, for an additional 
five year period under provisions of the option stated in 
paragraph 2 of said lease. 

The Board of Trustees adopted a policy on August 11, 1970, 
whereby all spoil islands would be left in their natural state 
to insure their preservation. 

The staff has received numerous objections to the commercial 
development of this spoil island. 

Staff legal counsel and the Attorney General's Office state 
there is no legal obligation to renew the lease for an additional 
term. 

Staff recommends that the lease not be renewed and the file be 
deactivated upon expiration of the present lease . 

6-15-71 



306 



ACTION OF THE TRUSTEES 



The staff had received protests from about ninety-one individuals 
and many objectors were present to be heard. However, Mr. Cadenhead 
had advised that the matter came to his attention only yesterday 
and had asked for postponement. Because of that, Mr. Christian 
requested deferment. 

Governor Askew pointed out that the Board, acting in good faith,, 
recognized that the lessee had property rights and required legal 
notice. Members were prepared to support the staff recommendation 
but the matter would be reagendaed , and the Board would appreciate 
it if those who could come back would reserve their comments 
until a later date. 

Mrs. Henry A. Boudolf , President of the League of Women Voters 
of Okaloosa County, had filed many petitions of objection 
and read a statement protesting lease of the spoil island 
that she said was used extensively for recreation by resi- 
dents and tourists. She agreed with the staff recommendation 
and indicated that the group of objectors would return when 
the Board considered the matter. 

The Board deferred disposition for two weeks. 



Request authority to transfer $18,000 to the Department of 
Natural Resources, Division of Interior Resources , for the 
continuation of the Shoreline Survey project. These funds will 
be used by the Department of Natural Resources for the installa- 
tion, maintenance, and monitoring of tide gauges and bench marks 
along the coastline. Funds have been budgeted for the project 
and are available within the approved operating budget. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the Board authorized the transfer of 
$18,000 as requested. 



The Executive Director will present his comments regarding the 
report of the Technical Advisory Committee on the proposed fee 
schedule for fill material obtained from sovereignty lands. 

ACTION OF THE TRUSTEES: 

On April 13 the Board had deferred action on the report of 
the Technical Advisory Committee 6n Fill, pending receipt of 
staff comments. 

Mr. Kuperberg said that three categories were established 
based on supporting data provided by the Coastal Coordinating 
Council, (1) unavailability of fill material, (2) demand for 
fill material, and (3) damage to the environment. The intention 
was to place a true value on the fill material that would involve 
the loss of annual income in marine productivity, whereas the 
Technical Advisory Committee report was on a strict appraisal 
basis and did not involve any environmental considerations. 

Mr. Kuperberg presented the following recommendations: 

STAFF RECOMMENDATIONS AS TO THE VALUE OF FILL 
MATERIAL SECURED FROM STATE-OWNED LANDS 

After a lengthy review of the report of the Technical Advisory 
Committee on Fill, the following recommendations are submitted 
by staff in response to the Trustees' request for guidelines: 

1. There should be no dredging permitted except for navigational 
purposes, of sovereignty lands shallower than one fathom at mean 
low water. 

6-15-71 



307 



2. A premium price should be placed on fill material where 
project feasibility depends upon the use of sovereignty lands 
as a source of fill. 

3. The cost, in place, of fill material taken from sovereignty 
lands should not be less than the in-place cost of fill from 
other sources based upon consideration of the total quantity of 
fill required for the project. 

4. Cities, counties and special districts should pay the State 
for sovereignty fill material used for public projects which, by 
their nature , do not require waterfront locations . 

5. Public navigation projects should receive special consideration 
with regard to the disposal of spoil. 

6 . The economic value of Florida ' s beaches is such that upon the 
recommendation of the Department of Natural Resources , the State 
should not charge for the material used to nourish beaches . 

7. The following categories of minimum prices should be established, 

I. $1.50 per cubic yard — Monroe County 

Explanation: See recommendation number two. 

II. $1 per cubic yard — Bay, Brevard, Broward, 
Charlotte, Collier, Dade, Duval, Escambia, 
Hillsborough, Lee, Manatee, Palm Beach, Pasco, 
Pinellas and Sarasota. 

Explanation: The most populous coastal counties, which 
comprise 70.01 percent of Florida's total population, 
where there has been a demand for fill or where bulk- 
head lines are still located well offshore the line 
of mean high water despite the recommendations of the 
State interagency advisory committee on submerged land 
management. 

III. $.50 per cubic yard — all other counties 

Explanation: Lightly populated coastal counties 
with little present demand for fill material or counties 
where aquatic preserves comprise a significant portion 
of the shoreline and submerged lands. Aquatic pre- 
serves preclude borrow areas for fill material. 

Motion was made by Mr. Stone, seconded by Mr. Dickinson and 
adopted without objection, that the staff recommendations be 
approved as the policy of the Board with respect to the value 
of fill material secured from state-owned lands . 

Governor Askew said the staff should be commended because in his 
opinion the recommendations were innovative, conservation- 
oriented, and certainly in the public interest. Mr. Shevin 
said they were excellent recommendations. 



-10- 

CQLLIER COUNTY - Permit Extension 

(A) File No. 253.123-51 

(B) File Nos. 253.123-678, 253.124-149 

Applicant: Marco Island Development Corporation 

On April 13, 1971, the Trustees extended to May 18, 1971, the 
Roberts Bay and Big Marco River permits on a temporary basis 
to allow the new executive director the opportunity to review 
the request of the applicant for sufficient time to complete 
the subject dredge and fill projects. 

On May 18, 19 71, the staff submitted an agreement outline for 
the Trustees' consideration. The recommendations were approved, 
including an extension of the two permits to June 15, 1971, 
at which time the staff was to make a detailed recommendation. 



6-15-71 



308 



Negotiations with the applicant have been slower than anticipated 
partly because of an incapacitating accident to the applicant's 
senior planner. As a result, the applicant's unacceptable pro- 
posal was not received in time to permit discussions prior to 
agenda publication. 

The staff recommends that the subject permits be extended to 
June 29, 1971 . 

ACTION OF THE TRUSTEES: 

The executive director had not been able to finalize the negotiations 
and therefore recommended the short extension. 

Motion was made by Mr. Dickinson, seconded by Mr. Christian and 
adopted without objection, that the subject permits be extended 
to June 29, 1971. 



On motion duly adopted, the meeting was adjourned. 




GOVERNOR 



CHAIRMAN 



ATTEST; 




* * * 



* * * 



* * * 



* * * 



Tallahassee, Florida 
June 22, 1971 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the auditorium of the Department 
of Transportation in Tallahassee, with the following members 
present : 



Reubin O'D. Askew 
Richard (Dick) Stone 
Fred 0. Dickinson, Jr , 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



Without objection, the minutes of June 8 were approved, 



At the suggestion of the Governor, the cabinet decided that 
meetings in July and August would be held every other week. 
Mr. Conner suggested that department heads be urged to notify 
as many as possible that the meetings would be scheduled for 
July 6, 20, August 3, 17 and 31, in order to minimize any 
inconvenience to the public that had come to expect cabinet 
meeting each Tuesday. 



6-22-71 



309 

-1- 

It is proposed that a continuing interagency advisory committee 
for State wilderness systems be created in compliance with the 
provisions of Chapter 70-355, State Wilderness System Act. 
Section 12 of this Act states: "The Trustees shall create a 
continuing interagency advisory committee to assist in the 
selection of wilderness areas , to act at the request of the 
Trustees and to initiate proposals of its own for new wilderness 
areas, and in formulating rules and regulations for use of such 
areas . " 

Membership of the committee shall be comprised of the directors 
of the following bodies or their designees: 

Board of Trustees of the Internal Improvement Trust Fund 

Department of Natural Resources 

Department of Agriculture 

Department of Air and Water Pollution Control 

Game and Fresh Water Fish Commission 

Coastal Coordinating Council 

Payment of travel and other necessary expenses in connection with 
committee work will be authorized by the Trustees' staff from 
Trustees' funds. 

Staff recommends the creation of a continuing interagency advisory 
committee for State wilderness systems and authorization to pay 
necessary expenses . 

ACTION OF THE TRUSTEES: 

On motion by the Secretary of State, seconded by Mr. Dickinson 
and Mr. O'Malley, and adopted without objection, the Trustees 
accepted the staff recommendation for creation of a continuing 
interagency advisory committee with the suggested membership 
and authorized payment of necessary expenses. 

Governor Askew suggested the designation of Mr. Kuperberg as 
chairman of the committee , which was approved on motion by 
Mr. Dickinson, seconded by Mr. Stone and Mr. Conner, and 
adopted without objection. 



-2- 

MONROE COUNTY - Florida Keys Aqueduct Authority Application 

At the Executive Director's request, the application by Florida 
Keys Aqueduct Authority was withdrawn from the agenda. The 
applicant had been notified of the withdrawal. 



-3- 

BAY COUNTY - Confirmation of Sale 

File No. 2392-03-253.12 

Staff Description: 1.273 acre parcel of filled 

sovereignty land in East Bay, 
abutting Section 18, T 5 S, R 12 W. 

A. CITY AND COUNTY: Bay County 

B. APPLICANT: Donald Ray Gore 

Box 91 Wewahitchka Star Route 
Panama City, Florida 

C . ACREAGE : 1.273 

RATE PER ACRE: $392.77, $500 for the parcel, staff adjustment 
TOTAL OFFER: $1500 - three times the upward adjusted 

appraised value. 

D. APPRAISAL: $290 for the parcel, Nolen appraisal 
DATE: December 16, 1970 

APPRAISER: David T. Nolen, M.A.I. , adjusted 
by staff appraiser 

E: PURPOSE: Residential Development 

6-22-71 



310 



F. BIOLOGICAL REPORT: Attached, dated February 16, 1971. 
Results not adverse. Remarks: Restoration of the filled 
area to its previous condition by removing the fill would be a 
questionable solution or recommendation. However, recommend 
removal of a small part of the fill at the south end to 
provide connection of a marsh area to open water. 

G. STAFF REMARKS: The parcel was landward of the bulkhead line 
approved by the Trustees on March 16, 1971. 

Applicant agreed to remove the fill as suggested by the 
biological report and agreed to pay three times the appraised 
value for the parcel. Applicant stated that the sale would 
be in the public interest as the alternative would not be 
in the public interest. 

Staff requested Mr. Gore to remove a portion of a dike in 
compliance with recommendation of Department of Natural 
Resources . 

A field investigation on June 10, 1971, by a Marine Patrol 
Officer disclosed that the dike has been removed in accordance 
with the instructions of this agency. 

H. Recommend that the sale be made at three times the upward 
adjusted appraised value. 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and adopted 
without objection, the Board confirmed sale of the advertised 
parcel to Mr. Gore at three times the upward adjusted appraised 
value. 



DUVAL COUNTY - Dredge Permit, Section 253.123 

Jacksonville Electric Authority 

222 East Bay Street, Jacksonville, Florida 

on April 29, 1970, applied for a permit to dredge a cooling water 
discharge channel 800 ft. long, 6 ft. deep, 200 ft. in width, in 
the west fork of San Carlos Creek in Section 13, Township 1 South, 
Range 28 East, Duval County. 

Approximately 25,000 cubic yards of mud, silt and sand would 
be removed and placed on adequately diked upland belonging 
to the applicant. 

The biological report indicated that the sand, silt and mud bottoms 
were unvegetated, and dredging these areas would not have signi- 
ficant adverse effects on marine resources. However, the report 
was adverse to removal of two marsh islands. 

Staff requested channel alignment be revised to save a portion 
of the larger marsh island. The revised biological report indicates 
this revision will do less damage to productive marine habitat. 
Staff believes this is the least damaging channel location that can 
be designed to serve this marsh site. 

The Game and Fresh Water Fish Commission and the Department of Air 
and Water Pollution Control have no objections to the issuance 
of the requested permit. 

Recommend approval of revised application, and that all fees be 
waived . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Conner and adopted 
without objection, the Trustees approved waiver of all fees 
and issuance of permit for the revised application. 



6-22-71 



311 

-5- 

DADE COUNTY - Florida East Coast Railway Company Application 

Consideration of the application for fill permit for Florida 
East Coast Railway Company was deferred for two weeks at the 
request of the Attorney General. 

Mr. W. P. Simmons, Jr., and others were present representing 
the applicant, not having known it would be deferred. Mr. Simmons 
indicated that they would return in two weeks , and would like to 
know if there were any objections to the application. 

-6- 

SANTA ROSA COUNTY - Fill Permit Amendment, File 253.124-116; 
and State Construction Permit, Boat Ramp 

Department of Transportation 

(1) requested amendment of the fill permit authorized by the 
Trustees on December 2, 19 69, so that an additional 0.43 
acre parcel of submerged land in Section 5, T 3 S, R 29 W, 
might be filled for installation of a boat ramp; and 

(2) requested a state construction permit for a public boat 
ramp adjacent to State Road 30 at Gulf Breeze in Section 
5, T 3 S, R 29 W. 

The submerged land to be filled was conveyed in 19 67 under Deed 
No. 24630. 

All work will be within existing right of way and an established 
bulkhead line. 

The biological report dated June 1, 1971, from the Department 
of Natural Resources was not adverse. The Department of Air and 
Water Pollution Control and the Game and Fresh Water Fish Com- 
mission filed letters of no objection to the project. 

The staff recommends amendment of the fill permit and issuance 
of the construction permit without fee . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Christian and 
adopted without objection, the Trustees approved amendment 
of the fill permit and issuance of the construction permit 
without charge. 



-7- 

BREVARD COUNTY - Marina License, Section 253.03, F. S. 

Board of County Commissioners of Brevard County 
Post Office Box 1496, Titusville, Florida 32780 

applied for a marina license for a public docking pier in the 
Indian River adjacent to North Grange Island in Section 34, 
Township 2 9 South, Range 38 East, Brevard County. 

The structure would occupy approximately 2,960 square feet of 
sovereignty land. 

No dredging would be required. The county requested that all 
fees be waived as the project was for public recreation pur- 
poses . 

The Department of Natural Resources, the Game and Fresh Water 
Fish Commission, the Department of Air and Water Pollution Control, 
and the Florida Inland Navigation District had no objection to the 
project. 

The staff recommends approval. 



6-22-71 



312 



ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Stone and adopted 
without objection, the Trustees approved issuance of the 
marina license to the Board of County Commissioners of Brevard 
County without charge. 



CHARLOTTE COUNTY - Dredge Permit, Section 253.123 Florida Statutes 
File No. 733 

City of Punta Gorda 
c/o Tri County Engineering, Inc. 
121 East Charlotte Avenue 
Punta Gorda, Florida 33950 

requests a maintenance dredge permit to widen and deepen an 
existing channel in Charlotte Harbor adjacent to Section 15, 
Township 41 South, Range 22 East, Charlotte County. 

The new channel will be 1735 ft. long, 80 ft. wide and 8 ft. deep, 
with 14,920 cubic yards of material to be removed. $14,920 has 
been remitted in payment for fill material. 

The revised spoil area will be approximately 1000' inland on land 
owned by Punta Gorda Isles, in the Northeast corner of Sec. 14, 
Township 14 South, Range 22 East. 

The application has been revised and the supplemental biological 
report of the Department of Natural Resources states that "The 
revised project should not have significant adverse effects on 
marine biological resources if dredging is carefully done to 
minimize siltation." 

The Department of Air and Water Pollution Control has indicated 
that the project would be certified if no objections were filed. 

The Game and Fresh Water Fish Commission concurs with the Depart- 
ment of Natural Resources report. 

Request authority to issue permit . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O'Malley and adopted 
without objection, the Trustees authorized issuance of the 
dredge permit to the City of Punta Gorda. 



-9- 

TRUSTEES POLICY - Fill Material Rates 

On June 15, 1971, the Trustees adopted recommendations submitted 
by the staff for new charges for material removed from sovereignty 
lands and other criteria related to dredging. 

In view of the change in policy, it is necessary to amend existing 
administrative rules and regulations relating to this matter. 
Trustees approval of this matter would also have the effect of 
terminating the moratorium on processing dredge and fill applica- 
tions. 

Request authority to proceed with execution of appropriate 
emergency and regular rule-making provisions of Chapter 120, 
Florida Statutes, to implement the policy adopted on June 15". 



■6-22-71 



313 



ACTION OF THE TRUSTEES 



On motion by Mr. O'Malley, seconded by Mr. Stone and adopted 
without objection, the Trustees authorized filing of appropriate 
emergency and regular rules to implement the policy adopted on 
June 15, 1971. 

For the record, attention is called to the fact that approval 
of the new charges for material removed from state sovereignty 
lands terminated the moratorium on processing dredge and fill 
applications . 



The Executive Director distributed to the Trustees copies of 
a report dated June 11, 1971, "Repairing the Florida Everglades 
Basin" by Arthur R. Marshall of the Center for Urban Studies, 
University of Miami. 

The Secretary of State expressed gratitude that the report by 
this technically qualified group not only pointed out damages 
and indicated areas of further danger to the water supply of 
the Everglades, but also offered constructive alternatives. 



On motion duly adopted, the meeting was adjourned. 




^t^JU^^* 




£^ 



ERNOR 



CHAIRMAN 



ATTEST: 




* * * 



* * * 



* * * 



* * * 



Tallahassee, Florida 
June 29, 1971 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the auditorium of the Department 
of Transportation, with the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred 0. Dickinson, Jr 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



The minutes of June 15 were approved as submitted. 



6-29-71 



314 



-1- 

PALM BEACH COUNTY - 1. Establish Bulkhead 

2. Application to advertise for 
purchase, TIITF File No. 2370-50-253.12 

3. Dredge and fill permits, 253.123-794 and 
253.124-182 

Multicon Properties, Inc. 

3081 East Commercial Boulevard, Ft. Lauderdale, Florida 33308, 

requests approval of : 

1. Bulkhead line established by City of Boca Raton by Ordinance 
No. 1485 adopted April 6, 1971, establishing a bulkhead line 
1889.92 feet long along the northwesterly shore of the Hillsboro 
Canal in Section 31, Township 47 South, Range 43 East, Palm 
Beach County; 

2. Application to advertise for purchase of six parcels of sov- 
ereignty land embracing a total of 3.67 acres landward of the 
proposed bulkhead line. The applicant has submitted the 
following reasons why the sale would be in the public interest: 

a. The elimination of a vermin-infested swampy area; 

b. The elimination of debris collecting pockets; 

c. The beautif ication of a heavily traveled highway 

and waterway. 

The staff has received numerous letters of endorsement from 
local agencies and persons. 

3. Dredge Permit to remove 5,2 85 cubic yards of fill material 
from four proposed channels and to fill 3.67 acres of sub- 
merged land lying landward of proposed bulkhead line. 

The Department of Air and Water Pollution Control, the Area 
Planning Board of Palm Beach County and the Game and Fresh 
Water Fish Commission have no objections to the project. 

The biological report indicates that approval of the proposed 
bulkhead line and later development within it would not have 
significant adverse effects on marine biological resources. 

If the Trustees authorize sale of sovereignty lands, the bulkhead 
line must be approved and dredge and fill permits will be required 
to develop the lands purchased. 

Staff requests authority to advertise the sovereignty land sale . 

ACTION OF THE TRUSTEES : 

The Executive Director explained that the staff was presenting 
all phases of this application for consideration at one time. 
Mr. Stone expressed approval, as the total project could be 
studied rather than the first step. 

Mr. Shevin said that no position had been taken other than to 
advertise for objections. The staff had made it clear to the 
applicant that convincing evidence must be submitted that the 
sale was in the public interest. Mr. Shevin also asked for some 
documentation as to the present bad condition of the area as 
cited by the applicant. 

Motion was made by Mr. Stone, seconded by Mr. Christian and 
adopted without objection, that the land sale be advertised 
for objections only. 



6-29-71 



315 



-2- 



BREVARD COUNTY - Application to advertise proposed purchase 
of sovereignty land. 
Trustees IITF File No. 2363-05-253.12(5) 

Marquis Realty, Inc. 

3 77 Main Avenue 

Norwalk, Connecticut 06851 

Represented by: Richard A. Lawrence, Sr . 
P. 0. Drawer 818 
Melbourne, Florida 32901 

requests authority to advertise for purchasing 1.85 acres of 
filled sovereignty land in the Indian River abutting a portion 
of Lot N, plat of Tillman, Section 24, Township 28 South, Range 
37 East, Brevard County. 

The proposed acquisition area is land filled during the construction 
of U. S. 1 lying between the upland property owned by the applicant 
and the present high water line of the Indian River. 

The applicant states that this sale would be in the public interest 
because placing the land on the tax roll would add to the public 
revenue. In the staff's opinion, this is an insufficient reason. 

Staff recommends that the application to advertise be denied and 
the file be deactivated . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O'Malley and Mr. Dickinson, 
and adopted without objection, the Board accepted the staff recom- 
mendation for denial because the public interest had not been 
demonstrated, and authorized deactivation of the file. 



-3- 

PINELLAS COUNTY - Beach Nourishment, Treasure Island 

The Board of County Commissioners 
of Pinellas County, 

local sponsors for the Beach Erosion Control Project of Treasure 
Island, require 66,000 cubic yards of sand to nourish the Treasure 
Island public beach -in Sections 23 and 26, Township 31 South, 
Range 15 East, Pinellas County. 

This is an addition to the existing project in which the Trustees 
granted borrow area easements and pipeline easements on October 15, 
1968. Federal funds will be available until June 30, 1971. 

The Department of Natural Resources issued a coastal construction 
permit (BBS-71-14) for this project on June 8, 1971. 

The Game and Fresh Water Fish Commission and the Department of Air 
and Water Pollution Control has no objections. The biological 
report is not adverse. 

Staff requests authority to issue a construction easement, pipe- 
line easement, and borrow easement . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Stone and Mr. Dickinson, 
adopted without objection, the Trustees approved the application 
of Pinellas County for a construction easement, pipeline easement 
and borrow easement in connection with beach nourishment at 
Treasure Island. 



6-29-71 



316 

-4- 

OKALOOSA COUNTY - Spoil Island Lease 2224 

Rhett E. Cadenhead, W. F. Davis, and M. P. Cox requested renewal 

of their lease which expires July 6, 1971, for an additional five 

year period under provisions of the option stated in paragraph 2 
of said lease. 

The Board of Trustees adopted a policy on August 11, 1970, whereby 
all spoil islands would be left in their natural state to insure 
their preservation. 

The staff has received numerous objections to the commercial 
development of this spoil island. 

Staff legal counsel and the Attorney General's Office state 
there is no legal obligation to renew the lease for an additional 
term. 

Staff recommends that the lease not be renewed and the file be 
deactivated upon expiration of the present lease . 

ACTION OF THE TRUSTEES: 

Mr. David Palmer, attorney representing the three lessees, filed 
a memorandum with the Board setting forth reasons why they thought 
the lease should be renewed, citing need for additional facilities 
at that location for the boating and fishing public. 

Mrs. Henry Boudolf said she represented the Okaloosa County League 
of Women Voters, three other organizations, and other individuals 
that opposed leasing the spoil island for commercial development 
and called for protecting its natural resources and scenic beauty 
for recreational use by all citizens and tourists. 

Governor Askew thanked those present for their interest. He 
pointed out that in the five years of the lease there had been no 
development and there was other land available for that purpose, 
and that the Trustees had a philosophy of maintaining all spoil 
islands in their natural condition. 

On motion by Mr. O'Malley, seconded by Mr. Christian and adopted 
without objection, the Trustees accepted the staff recommendation 
against renewal of the lease. 



-5- 

BREVARD COUNTY - County Park Lease 

Request authority to lease to Brevard County for 99 years for 
recreational purposes a 2.65 acre parcel of ocean-front beach 
known as Satellite Beach, in Section 1, Township 27 South, Range 
37 East, between Highway A1A and the Atlantic Ocean with approxi- 
mately 293 feet of ocean frontage. 

Development will be by the county under the supervision of the 
Division of Recreation and Parks, Department of Natural Resources. 

The Department of Natural Resources authorized purchase of this 
property and lease to Brevard County on January 12, 1971. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Shevin and adopted 
without objection, the Trustees approved the lease to Brevard 
County. 

The Executive Director assured Mr. Shevin that the lease would 
provide for reversion to the Trustees in the event the land was 
not used as authorized. 



6-29-71 



317 

-6- 

BREVARD COUNTY - County Park Lease 

Request authority to lease a parcel containing 142.54 acres to 
Brevard County for 99 years for public outdoor recreational purposes . 
This parcel in Section 30, Township 24 South, Range 35 East, was 
acquired by the county for $60,000 and deeded to the State on 
February 4, 1971, in order to qualify for a grant of $50,000 from 
the Department of Natural Resources' 15% fund. The- grant will be 
utilized in developing the area in the expansion of the adjoining 
Lone Cabbage County Park. The development by the county will be under 
the supervision of the Division of Recreation and Parks, Department 
of Natural Resources. 

The grant and lease were approved by the Department of Natural 
Resources on October 13, 1970. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Shevin and adopted 
without objection, the Trustees approved the lease to Brevard County. 

The Executive Director assured Mr. Shevin that the lease would 
provide for reversion to the Trustees in the event the land was not 
used as authorized. 



-7- 

WALTON, GADSDEN AND JEFFERSON COUNTIES 

On October 13, 1970, the Trustees were advised that four Welcome 
Stations had been declared surplus by the Department of Commerce. 
After notification to all state departments of the availability of 
these properties, the Trustees were advised that the Department of 
Agriculture desired to utilize all four stations. The station near 
Pensacola was leased to the department for use by its Division of 
Dairy Industries. The department later determined that it could not 
use the other three stations and released them. 

The Department of Transportation has new requested that the three 
remaining stations be made available for public wayside parks. 

It is recommended that the three stations identified as the Monticello , 
Paxton and Havana Welcome Stations be leased to the Department of 
Transportation for ten years with option to renew . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Conner and adopted 
without objection, the Trustees approved leasing the three stations 
as recommended by the staff. 



SANTA ROSA COUNTY - Advertise Oil and Gas Lease. 

The Louisiana Land and Exploration Company 

requests the Trustees to offer the 25% interest in the oil and gas 
held by the State in a portion of the Blackwater River State 
Forest for lease . The land is located in large scattered parcels 
in Township 3 North, Range 26 West and Township 4 North, Range 2 7 
West, Santa Rosa County, containing approximately 6,9 4 9.51 surface 
acres of which Louisiana Land and Exploration Company has under 
lease the 75% reserved interest of the federal government. 

The Division of Forestry and the Game and Fresh Water Fish 
Commission offer no objections to leasing the land. 

This request has been reviewed with the state geologist who 



6-29-71 



318 

concurs in the following recommendation. 

Recommend advertising for sealed bids for lease with an annual 
rental of $1 per acre, 1/6 royalty, 5-year primary term, $50,000 
surety bond and at least one test well required to be drilled to 
6,000 feet or to a depth sufficient to test the Norphlet Sands, 
whichever is deeper. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Conner and adopted 
without objection, the Trustees authorized advertisement for 
sealed bids for the oil and gas drilling lease. 

Mr. Kuperberg explained that routine procedures protected the State 
of Florida in that there would be no drilling in water bodies, 
and wherever drilling was proposed in a park or preserve area 
request was first made to the managing agents. 



-9- 

DADE COUNTY - Oil Lease Assignment 

Exchange Oil and Gas Corporation, 

owner of certain undivided interest in Oil and Gas Drilling 
Lease No. 1939-1939-S issued by the Board of Trustees of the 
Internal Improvement Trust Fund and the Board of Education, 
requests approval and consent to assign to Mobil Oil Corporation 
an undivided 50% of Exchange's interest in this lease. 

Executed copy of assignment has been approved as to form and 
legality by staff legal counsel. 

Recommend approval of assignment . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and adopted 
without objection, the Trustees approved the oil lease assign- 
ment that also had been approved by the State Board of Education. 



-10- 

DADE COUNTY - Oil Lease Assignment 

Mobil Oil Corporation, 

owner of certain undivided interest in a 1,120 acre portion of 
Oil Lease No. 1939-1939-S issued by the Board of Trustees of the 
Internal Improvement Trust Fund and the Board of Education, requests 
approval and consent to assign to Exchange Oil and Gas Corporation 
an undivided 50% of Mobil's interest in this acreage. 

Executed copy of assignment has been approved as to form and 
legality by staff legal counsel. 

Recommend approval of assignment . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and adopted 
without objection, the Trustees approved the oil lease assign- 
ment that also had been approved by the State Board of Education. 



6-29-71 



319 

-11- 

HENDRY COUNTY - Oil Lease Correction 

Request authority to issue an instrument correcting an error 
in the legal description in Oil and Gas Drilling Lease No. 2443, 
dated June 16, 1970, issued to Craig Castle and assigned to 
Exchange Oil and Gas Corporation. 

The text of the lease indicated 320 net mineral acres. The 
acreage is actually 400 net mineral acres as correctly stated 
in the lease exhibit which describes the property under lease. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Conner and adopted without 
objection, the Trustees authorized issuance of the corrective 
instrument . 



-12- 

Request authorization to permit the Executive Director to execute 
instruments for the purpose of correcting deeds, leases and other 
instruments where errors were made, such as misspelling and in- 
correct legal descriptions. 

This authority shall not be used to amend, change or alter the 
terms or provisions of any legal document. 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg said the authority requested would take care of 
the correction of such clerical or typographical errors as cited 
in the preceding agenda application. 

Motion was made by Mr. Stone, seconded by Mr. O'Malley and 
adopted unanimously, that the Executive Director be authorized 
to execute such corrective instruments. 



-13 

WALTON COUNTY - Building Encroachment 

It has been brought to the attention of the staff that the 
state-owned two-story brick and frame building in DeFuniak Springs 
on the north 65 feet of Lot 760, according to the map of 
Lake DeFuniak by W. J. Van Kirk, encroaches on adjoining Lot 
761 owned by Southeastern Telephone Company. The state building 
is occupied by the Division of Family Services, Department of 
Health and Rehabilitative Services. 

The encroachment of the building wall on Lot 761 is .8 feet, 
the eaves 1 foot, and a retaining wall encroaches .2 feet 
according to a survey prepared by W. E. Overstreet, Registered 
Land Surveyor . 

An agreement has been drawn and approved by staff counsel as 
to form and legality whereby Southeastern Telephone Company 
agrees that so long as the encroaching building wall, eaves 
and retaining wall remain standing, the State shall have the 
right to encroach and remain on the Southeastern Telephone 
Company land. 

It is recommended that the Executive Director be authorized 
to execute this agreement on behalf of the Trustees . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the Executive Director was authorized to 
execute the agreement on behalf of the Board. 

6-29-71 



320 



-14- 

DADE COUNTY - Marina License 

City of Miami 
Miami, Florida, 

applies for a marina license for the installation of a public 
marina facility covering 12,000 square feet of state-owned 
land in Biscayne Bay at Dinner Key in Section 22, Township 
5 4 South, Range 41 East, Dade County. 

The city requests waiver of all fees. The item appeared on the 
September 22, 1970, agenda and was deferred for comments from 
Air and Water Pollution Control. 

The Department of Air and Water Pollution Control has issued 
Water Quality Certificate No. DF-13-48. 

The Department of Natural Resources and the Game and Fresh 
Water Fish Commission have no objections to the project. 

Staff recommends approval of license and waiver of fees . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg explained that a small dock would be removed and a 
larger dock constructed on the same site. 

On motion by Mr. Stone, seconded by Mr. O'Malley and adopted 
without objection, the Trustees approved issuance of the marina 
license to the City of Miami without charge. 



-15- 

SANTA ROSA COUNTY - Marina License, Section 253.03, F. S. 

City of Gulf Breeze 

applies for a marina license for the enlargement of an existing 
public boat ramp and mooring facility, containing approximately 
47 square feet in Santa Rosa Sound abutting Section 9, Township 
3 South, Range 2 9 West, Santa Rosa County. 

No dredging is required. The city requests waiver of fees. 

The Department of Air and Water Pollution Control, the Game and 
Fresh Water Fish Commission and the Department of Natural Resources 
have no objections to the project. 

Application for the proposed groin construction has been scheduled 
to appear on the Department of Natural Resources agenda for June 
29, 1971. 

Staff recommends approval of license and waiver of fees . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and adopted 
without objection, the Trustees approved the marina license 
to the City of Gulf Breeze without charge. 



-16- 

TRUSTEES' FUNDS 

Staff requests authority _ to retain an assistant for the staff 
appraiser for an additional 90-day period beginning July 1, 1971, 
at the rate of $800 a month. As authorized previously, the re- 
quest has been initiated for establishment of the position of 
Assistant to Appraiser, IIF; however, due to a delay in the 
processing of the request, this additional 90-day period is 
needed in which to finalize the matter of the permanent position. 



321 



ACTION OF THE TRUSTEES: 



Motion was made by Mr. Dickinson, seconded by Mr. Stone and 
adopted without objection, that the staff request be approved 



-17- 

CAPITOL CENTER - Surplus Buildings 

Request authority to advertise for sealed bids for disposition 
of two surplus buildings located on recently acquired Trustees' 
property in Tallahassee. 

1. 1-story small frame residence 
811 South Bronough Street 

2. 1-story frame residence 
818 South Duval Street 

The Bureau of Property Management, Department of General Services, 
has determined that the two buildings are of no use to the State. 

ACTION OF THE TRUSTEES: 

The Director said that a request to the staff for deferral had 
been removed as the problem had been resolved. 

On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized advertisement for 
sealed bids for disposition of the surplus buildings. 



-18- 

COLLIER COUNTY - Marco Island Development Corporation 

The Executive Director presented a report of staff negotiations 
with principals and representatives of Marco Island Development 
Corporation. The staff had worked for a long time to reach a 
settlement that would tie together the whole project and resolve 
not only the dredge permits but also the overall situation of lands 
sold for which fill permits were not issued. Mr. Kuperberg thought 
that residing in that area for seventeen years had helped him to 
arrive at a justifiable recommendation, and in the staff's judg- 
ment the counter offer of the corporation was unacceptable. 

Mr. O'Malley suggested an additional extension and deferment until 
July 20 for further negotiation. Mr. Dickinson seconded the motion 
but pointed out that this was a very important matter and members 
had busy schedules in addition to the meetings that had been 
cancelled . 

Governor Askew was reluctant for dredging to continue for three 
weeks in an area that gave the greatest concern, and made it clear 
that he would not want any dredging if deferred beyond that time. 
He thought there were indications that agreement might be reached 
on this very difficult problem, that the company had done nothing 
other than what they were legally able to do at the time, but there 
was substantial law on the Board's side in the event it chose to deny 
an extension short of an agreement. He asked the Attorney General 
to advise the members on his research of the law. 

Mr. Shevin felt that the additional period of negotiation might 
resolve what appeared to be an impasse. Mr. O'Malley said there 
was merit on each side and hoped a settlement could be reached 
that would not be harmful but would protect the legal interest 
of the property owner within reason. Staff assistants were to 
be included during negotiations and a field inspection was sug- 
gested to view the area considered so important ecologically 
by Mr. Kuperberg and so important for development reasons by 
Marco Island Development Corporation. Mr. Stone said he was 
reluctant to have the work continue, and a decision should be 
reached by July 20 with no extensions after that. 

Mr. Frank Mackle answered questions regarding the work to be done 
during the deferment period, said the company would be reasonable, 

6-29-71 



322 



and at the request of the members agreed that the level of the 
dredging work would not be increased and the new, larger dredge 
would not be used in this three weeks' time. 

Mr. Kuperberg thought an overall settlement should be reached 
before any additional work was done, but since the settlement 
was taking longer than anticipated he agreed that Mr. Mackle's 
statement would be helpful. 

On motion by Mr. O'Malley, seconded by Mr. Dickinson and adopted 
without objection, the Board approved deferment and extension 
until July 20 with the understanding that the dredging in progress 
will not be increased or speeded up during that period. 



On motion duly adopted, the meeting was adjourned, 



ATTEST: 



* * * 





"GOVERNOR 




<J^ 



* * * 



CHAIRMAN 



* * * 



Tallahassee, Florida 
July 6, 1971 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the auditorium of the Department 
of Transportation, with the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



The minutes of June 22 were approved as submitted 



Request authority to correct the minutes of May 26, 1971 , 
concerning Artificial Reef Permit to Marco Island Development 
Corporation, Collier County. The correct corner locations 
should be : 



25° 56' 24" N. Lat. , 

25° 56' 24" N. Lat. , 

25° 55' 32" N. Lat. , 

25° 55' 32" N. Lat. , 



81° 46 ' 15" W. Long. 

81° 45' 45" W. Long. 

81° 45' 45" W. Long. 

81° 46' 45" W. Long. 



This is to correct the previous description furnished by the 
applicant . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, that the minutes of May 26 be corrected as 
requested . 



7-6-71 



323 

-2- 

BAY COUNTY - Bulkhead Line - Section 253.122, F. S. 

The Board of County Commissioners of Bay County by resolution 
adopted March 16, 1970, established a bulkhead 2842.76 feet long 
in Poston Bayou in Section 26, Township 3 South, Range 15 West, 
Bay County. The bulkhead line follows existing seawalls and 
approximates the mean high tide line. 

The biological report is not adverse. 

The Game and Fresh Water Fish Commission and the Department of 
Air and Water Pollution Control have no objections to the pro- 
posed line. 

Staff recommends approval . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Stone, adopted without 
objection, the Trustees approved the bulkhead line as established 
by the Board of County Commissioners of Bay County on March 16, 1970, 



-3- 

HILLSBOROUGH COUNTY - Relocation of Bulkhead Lines 

by Tampa Port Authority 

In accordance with request of the Trustees on March 9, 1971, the 
Tampa Port Authority has relocated bulkhead lines to the mean 
high water line throughout Hillsborough County, with the following 
areas excepted: 

In the terminal areas adjacent to channels maintained by 

the Federal Government, including the Inner Harbor, East 

Bay, Port Sutton terminal area, Alafia terminal area, 

Big Ben Terminal area, Port Tampa terminal area and McKay Bay. 

It further excepted areas where valid dredge and fill permits are 
in effect or under review and where submerged lands have pre- 
viously been sold where there are legal contractual rights in 
existence. 

A biological report submitted by the Department of Natural 
Resources states that "this revision is in the best interest of 
marine conservation and no further biological studies are 
required. " 

Staff recommends that with the exception of McKay Bay, the 
relocated bulkhead lines be approved and that the moratorium 
on issuance of dredge and fill permits in Hillsborough County 
be terminated . 

ACTION OF THE TRUSTEES: 

Governor Askew suggested that the moratorium be withdrawn con- 
ditionally for 45 days in order for the staff to be assured of 
receiving- additional needed information. Mr. Kuperberg said that 
would be helpful. 

On motion by Mr. Stone, seconded by Mr. Christian and adopted with- 
out objection, the Trustees approved a 45-day conditional lifting 
of the moratorium in Hillsborough County with a review to be made 
at the end of that period, and approved the relocated bulkhead 
lines with the exception of McKay Bay under that condition. 



7-6-71 



324 

-4- 

BROWARD COUNTY - Beach Nourishment, Hallandale 

City of Hallandale, local sponsor for the Beach Erosion Control 
Project of City of Hallandale, requires 340,000 cubic yards of 
sand to nourish 4,000 feet of the City's public beach in Sections 
25 and 26, Township 51 South, Range 42 East, Broward County. The 
Department of Natural Resources issued a coastal construction 
permit (BBS-71-11) on June 8, 1971. 

Staff requests authority to issue borrow easement. 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Conner and Mr. Christian 
and adopted without objection, the Trustees authorized issuance 
of the borrow easement for the Hallandale beach nourishment 
project. 



-5- 

DADE COUNTY - Fill Permit 

TIITF File No. 253.124-180 

Florida East Coast Railway Company 

Post Office Drawer 1048, St. Augustine, Florida 32084, 

applied for a permit to fill an area 850 feet by 750 feet with 
380,000 cubic yards of material contiguous to old P & docks 
in the City of Miami in Section 37, Township 54 South, Range 42 
East. All fill material would be hauled to the site. No dredging 
was contemplated. In consideration for the permit, the applicant 
was committed to remove the old railroad trestle across Miami 
River. 

The City of Miami issued a permit on December 21, 1970. The 
Department of Air and Water Pollution Control had no objection. 
The biological report from the Department of Natural Resources 
was adverse, but is offset by the applicant's cooperation in the 
effort to clean up the Miami River. 

Staff recommends that the fill permit be issued . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg explained that there were some marine grasses in 
this commercial port area but the staff felt that ultimately it 
would be lost and therefore recommended approval of the .permit. 

Motion was made by Mr. Conner, seconded by Mr. Christian, that 
the recommendation be accepted. 

Answering Mr. Stone's question for the record, Mr. William P. 
Simmons, Jr., attorney, and Mr. W. L. Thornton, president of 
Florida East Coast Railway Company, assured the Trustees that the 
old trestle would be removed by the company without delay. 

Mr. Shevin, commenting on a recent decision by city officials to 
condemn and rezone this land, recommended deferment 6 days to 
ascertain the city's plans. Mr. Kuperberg had received information 
on this only the night before and was unable to contact city 
officials before this meeting, but the city had issued a fill 
permit. The material would be transported and not dredged, and 
the staff had considered the application on its merits with removal 
of the old trestle as an added factor. Questioned as to the 
intended use for the land, Mr. Simmons explained it had been 
zoned for many years for port purposes including barge operations 
and was still used for that, and while no specific plans could be 
made until the land was filled, it would be developed for lawful 
purposes under zoning regulations. The city had granted a fill 
permit, there were no basic environmental objections, and Mr. 
Simmons saw no reason for delay of their application filed five 
months ago. 



7-6-71 



325 



The Governor, noting that this was similar to a case in Bay County 
involving zoning, said it was hard to find a basis for denial and 
to delay might be tantamount to denial. He thought the basis for 
considering denial should be the adverse biological report. 

Mr. O'Malley sympathized with the Attorney General's desire to save 
the city money in the event of condemnation, but he had studied 
the request, his main concern was the adverse biological report, 
and in view of the staff recommendation he was prepared to approve 
the fill permit. 

Mr. Stone had been informed by city officials that the fill permit 
would not affect rezoning or condemnation. The city knew of the 
FEC application but had made no effort to amend the city fill 
permit. Mr. Stone suggested approval conditioned upon no filling 
being done within thirty days. The Izaac Walton League had advised 
that there was little of substantial value to be saved in this area. 

Mr. Conner expressed the opinion that the applicant probably could 
fill the area at less expense than the city. Mr. Christian 
objected that the City of Miami should have informed the Board of 
its plans. 

Mr. Simmons argued that the city had not asked the Board to take 
this action, which would place the company in an unfair position, 
but he did not object to a delay of sixty days suggested by the 
Governor. 

The motion by Mr. Stone, seconded by Mr. O'Malley and adopted 
without objection, was to approve the fill permit conditioned 
upon no actual filling taking place within sixty days and 
conditioned upon the company ' s commitment to remove the old 
trestle. 



-6- 

OSCEOLA COUNTY - Fill Permit, 253 . 151 (5) (b) , Lake Tohopekaliga 
Southport Park Recreational Area. 

The Central and Southern Florida Flood Control District has been 
developing the Southport Park recreation area on Lake Tohopekaliga 
in Osceola County. The lands subject to development are owned by 
the Trustees who, on behalf of the Outdoor Recreational Council, 
leased the land to Osceola County. 

A fill permit has been granted by the Board of County Commissioners 
of Osceola County to fill approximately 1.1 acre portion of the 
exposed lake bottom above the controlled water level of the lake. 
All material will be hauled to the site. 

The purpose of the fill is to combat erosion adjacent to the 
existing boat basin and navigation channel. 

The Game and Fresh Water Fish Commission biological report indi- 
cates that damage to tne environment would occur; however, it 
recognizes that the project is in the public interest and does not 
object to issuance of a permit. 

The Department of Natural Resources offers no comment on the 
project. The Department of Air and Water Pollution Control has 
no objection to the project. 

Staff requests authority to issue permit. 

ACTION OF THE TRUSTEES : 

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



7-6-71 



326 



-7- 

ESCAMBIA COUNTY - Navigation channel dredge permit 
File No. 253.123-797 

Richard E . Dunham 

115 Sabine Drive, Pensacola Beach, Florida 

applies for a navigation channel dredge permit in Santa Rosa 
Sound adjacent to Villa Sabine on Santa Rosa Island in Township 
2 South, Range 2 9 West, Escambia County. 

The proposed channel will have the following dimensions: 

-5.0 ft. m.l.w. x 50 ft. wide (top cut) x 900 ft. long. 

An estimated 2900 cubic yards will be removed. Payment of $2900 
for material has been remitted at the rate of $1 per cubic yard, 
the established rate in Escambia County. 

The Department of Natural Resources, Game and Fresh Water Fish 
Commission and the Department of Air and Water Pollution Control 
have no objections to the project. 

The Board of County Commissioners of Escambia County has granted 
a permit for this project. 

Staff requests authority to issue dredge permit . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone ,» seconded by Mr. Christian and Mr. Conner, 
adopted without objection, the Trustees approved issuance of 
the dredge permit. 



HILLSBOROUGH COUNTY - Maintenance Dredge Permit 

File No. 253.123-807 

Eastern Associated Terminals 

P. 0. Box 18666, Tampa, Florida 33609, and 

File No. 253.123-808 

Seaboard Coast Line Railroad Terminals 

P. 0. Box 5025, Tampa, Florida 33605, 

apply for a maintenance dredge permit authorizing dredging along- 
side existing terminal facilities in East Bay, Port Sutton and 
Hookers Point. All dredging is to be accomplished by dragline 
method and the excavated material deposited on approved spoil 
areas . 

The biological report recommends spoiling on the Hookers Point 
spoil area or along Cut "C" between the Alafia River and Port 
Sutton. The Department of Air and Water Pollution Control 
recommends spoiling only on Hookers Point. 

An emergency navigational maintenance permit was issued to the 
applicants by the Tampa Port Authority on June 15, 1971. 

Staff requests authority to issue dredge permit subject to all 
spoil being placed on uplands at Hookers Point . 

ACTION OF THE TRUSTEES: 

It was pointed out that the moratorium on dredge and fill permits 
was lifted for forty-five days only, in Hillsborough County. 

Mr. Guy Verger of Tampa Port Authority had requested that the 
permit require the spoil material to be placed on uplands , rather 



7-6-71 



327 



than to specify that the uplands be at Hookers Point. Mr. Kuperberg 
said he saw no objection to that. 

On motion by Mr. O'Malley, seconded by Mr. Christian and adopted 
without objection, the Trustees approved the maintenance dredge 
permit with the understanding that the moratorium was lifted only 
for forty-five days and that the spoil would be placed on uplands. 



-9- 

MARTIN COUNTY - Maintenance Dredging 
File No. 253.123-774 

David H. Lowe, III 

Rocky Point, Port Salerno, Florida 33492, 

applies for a dredge permit to excavate 12 75 cubic yards of 
material from an existing boat basin and mooring site on 
Manatee Pocket, Hanson Grant, Township 38 South, Range 41 
East, Martin County. All spoil will be placed on uplands. 

The $50 application fee and $1,275 for material representing 
payment at the rate of one dollar per cubic yard, have been 
tendered. The applicant will be entitled to a refund of 
$637.50 as charge for material in Martin County is only 50C 
per cubic yard. 

The biological report is not adverse and the Department of 
Air and Water Pollution Control has no objections. 

The Game and Fresh Water Fish Commission has no objection 
providing the dredge area is "diapered" and the spoil area 
is adequately diked. 

The staff recommends issuance of the dredge permit . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Conner, seconded by Mr. O'Malley and adopted 
without objection, the Trustees approved issuance of the dredge 
permit. 



-10- 

MARTIN COUNTY - Navigation access channel dredge permit 
File No. 253.123-602 

George E. Spicer 

Treasure Cove 

Post Office Box 253, Hobe Sound, Florida 33455, 

applies for a dredge permit to connect two upland canals in 
Treasure Cove Subdivision with the intracoastal waterway 
through Hobe Sound. 

The first channel connection dimensions will be -5 ft. deep, 
m.l.w. x 100 ft. long x 50 ft. wide (top cut), and the second 
will be -5 ft. deep m.l.w. x 80 ft. long x 100 ft. wide (top 
cut.) The total quantity of material to be excavated is 541 
cubic yards, to be deposited on uplands. Payment of $270.50 
has been tendered representing 50 cents per cubic yard for 
material, the established rate in Martin County. 

The Department of Natural Resources biological report dated 
February 9, 1971, is favorable. The project was amended in 
accordance with recommendations of the Game and Fresh Water 
Fish Commission which indicated that channel connections should 
be reduced in size, the mangrove fringe preserved, and spoil 
deposited on uplands. 

The Air and Water Pollution Control has no objection to this 
project. 

Staff requests authority to issue dredge permit . 
7-6-71 



3 28 



ACTION OF THE TRUSTEES 



On motion by Mr. O'Malley, seconded by Mr. Christian and Mr. Conner, 
adopted without objection, the Trustees authorized issuance of the 
dredge permit. 



-11- 

DADE COUNTY - Assignment Campsite Lease No. 2158A 

Robert R. Bellamy & Read S. Ruggles, Jr. 

810 Alfred I. DuPont Building, Miami, Florida, 

holders of Campsite Lease No. 2158A which expires February 1, 1976, 
request assignment of the lease to Stiltsville, Inc., c/o Eugene 
M. Nesic, President, 250 Bird Road, Coral Gables, Florida. 

Instrument of assignment and acceptance of terms and conditions, 
executed by both parties, have been approved by staff legal 
counsel . 

Applicants have tendered $25 assignment fee in accordance with 
the Trustees' policy of December 1, 1970. 

The staff recommends approval of assignment of Lease No. 2158A 
to Stiltsville, Inc. 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg said there were no sanitary requirements in the 
stilthouse lease. The Governor noted that this was an assignment 
of an old lease, not an initial lease. 

On motion by Mr. O'Malley, seconded by Mr. Christian and adopted 
without objection, the assignment was approved. 



-12- 

ESCAMBIA AND SANTA ROSA COUNTIES - Oil Lease Assignment 

Marshall R. Young Oil Co. , holder of Oil and Gas Drilling Lease 
No. 2464 dated September 1, 1970, covering a 205-acre portion 
of the Escambia River, requests approval of assignment 

(1) of all of its interest in Parcel 1 of the leased area 
to the Louisiana Land and Exploration Company; 

(2) an undivided one-half interest in Parcel 2 to each of 
the following: The Louisiana Land and Exploration 
Company and Humble Oil and Refining Company; and 

(3) a 15-acre portion of the leased area identified as 
Parcel 3 to W. A. Moncrief, William K. Young, George 
M. Young, Frank G. Young and Marshall R. Young, Jr. 

Assignment and acceptance executed by all parties has been 
reviewed and approved by staff counsel as to form and legality. 

Recommend approval of assignment . 

ACTION OF THE TRUSTEES: 

The lease prohibited drilling in the river but would allow the 
state to obtain royalties from its fair share of the area. 

On motion by Mr. Christian, seconded by Mr. O'Malley and adopted 
without objection, the Trustees approved the assignments. 



7-6-71 



329 



-13- 

TRUSTEES' OFFICE 

Staff requests authority to retain Mr. J. Kenneth Ballinger 
as special legal counsel for another 90-day period beginning 
July 8, 1971. The need for his continued assistance is two- 
fold: to continue working on the several cases in which he 
has been involved; and to bridge the gap during the period 
in which the new attorneys, being employed to fill the posi- 
tions unfilled because of previous space limitations, are 
assuming their new responsibilities. 

ACTION OF THE TRUSTEES: 

Mr. O'Malley questioned the wisdom of having as special legal 
counsel for the Trustees a retired state employee who was a 
registered lobbyist for a real estate organization. Mr. Kuperberg 
explained that Mr. Ballinger was in the employ of the Board before 
he became its Executive Director, had rendered real service on 
special matters, and was held in very high regard for his integrity, 

Governor Askew suggested a delay, without reflecting anything 
adverse upon Mr. Ballinger, to allow the matter to be discussed 
with Mr. Ballinger. 

Without objection, action was deferred. 



-14- 

BAY COUNTY - Consideration of a bulkhead line and advertisement 
of a parcel of filled sovereignty land for sale to St. Andrews 
Bay Yacht Club was withdrawn from the agenda. 



-15- 

PALM BEACH COUNTY - Dredge Permit, 253.123-794 

Multicon Properties, Inc. 

3081 East Commercial Boulevard, Ft. Lauderdale, Florida, 

requests that the Board consider issuing a dredge permit only 
to cut four navigation entrance channels into the Hillsboro 
Canal so that the applicant may proceed to obtain certification 
from the Department of Air and Water Pollution Control which 
would then allow submission of an application to the Corps of 
Engineers for the federal permit. The applicant agrees not 
to engage in any work authorized by the state permit until 
the Trustees have taken appropriate action on the application 
for approval of bulkhead line and the proposed sale. 

The permit would allow removal of 5,285 cubic yards of material 
from the four proposed channels to be stockpiled on the site 
without any encroachment upon the sovereignty land being 
advertised for sale. 

The applicant has been advised that granting the dredge permit 
would in no way commit the Trustees to sale of the 3.67 acres 
now being advertised. 

The Department of Air and Water Pollution Control and the Game 
and Fresh Water Fish Commission have no objections to the 
dredging. The Department of Natural Resources has indicated 
that the proposed development would not have significant adverse 
effects on the marine biological resources. 

Staff recommends that dredge permit only be granted, with the 
understanding that it does not commit the Trustees to approve" the 
bulkhead line or sale of the submerged land applied for by 
Multicon and with further understanding that this would merely 
allow the applicant to obtain a water quality certificate and 
file an application with the District Engineer . 

7-6-71 



330 



ACTION OF THE TRUSTEES : 

By letter dated June 30, 1971, Multicon Properties, Inc., had 
acknowledged that the grant of this permit would not in any way 
obligate the Trustees to sell or otherwise dispose of the 
sovereignty land in question, and the corporation agreed not to 
engage in any work under the permit until the Trustees take action 
on the proposed sale and bulkhead line. 

The Governor asked that the letter be made a part of the permit. 

On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized issuance of the 
dredge permit on the conditions recommended by the staff and the 
commitment made by the corporation. 



-16- 

PAL M BEACH COUNTY - Agriculture Lease Assignment 

Recommend approval of assignment of Agriculture Lease No. 1766 
from R. W. Bishop, Clewiston, Florida, to United States Sugar 
Corporation. The lease issued on June 1, 1962 for 20 years covers 
a 231.4 acre parcel of land in Section 27, Township 44 South, 
Range 35 East, Palm Beach County, located approximately six 
miles south of Lake Harbor. 

Executed instrument of assignment and acceptance of all terms 
and conditions by U. S. Sugar Corporation has been reviewed and 
approved as to form and legality by staff legal counsel. 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. Stone, that 
the assignment be approved. 

Mr. O'Malley expressed unwillingness to accept assignment unless 
the applicant agreed to the inclusion of a provision currently 
placed in leases, but not in this older one, that the lessee 
shall not take land out of production to obtain federal subsidies. 
The Attorney General was asked to report at the next meeting 
whether the Trustees could require that additional provision, in 
the event the parties were not agreeable to its inclusion. 

The motion as amended by Mr. Conner, adopted without objection, 
was that the assignment be approved subject to the parties 
agreeing to an additional provision prohibiting removal of the 
land from production to obtain a subsidy, the Attorney General 
to assist in drafting the provision. 



-17- 

ALACHUA COUNTY - Road Right of Way 

On July 7, 1970, the Trustees authorized issuance of Easement 
25139 for road purposes over and across a portion of the 
University of Florida campus, for the paving of SW 23rd 
Terrace. 

Subsequently, the county has found it desirable to alter the 
route slightly and requests a new easement covering a portion 
of the existing right of way and the revised route. 

The revised easement has been reviewed and approved by the 
University of Florida and Board of Regents. It rescinds and 
supersedes the previous easement. 

Recommend issuance of the revised easement. 



7-6-71 



331 



ACTION OF THE TRUSTEES : 



On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized issuance of the revised 
easement . 



Mr. Robert Thomas spoke with reference to an application in 
Hillsborough County that he said was similar to that numbered "i 
on this date, but he had been unable to have it placed on the 
agenda because of the various reports from state environmental 
agencies causing delay in processing. He described it as a 
request for approval for disposition of spoil material dredged 
in widening a channel in the Port of Tampa. 

Mr. Kuperberg explained that it was on the agenda early this 
year but was deferred for relocation of bulkhead lines by Tampa 
Port Authority and because the Department of Air and Water 
Pollution Control had not approved it. Mr. Thomas said he had 
a letter of approval from that department. 

Governor Askew said the staff would explore the feasibility of 
placing the application on the agenda in the near future. 



Attorney General Shevin discussed the Florida boundaries case, 
United States vs. Maine, in which the State of Florida was a 
party, and explained that the state was now litigating its own 
action in the case styled United States vs. Florida. 

Mr. Shevin said the state boundaries were in dispute as to 
whether the three leagues boundary would be carried through 
Florida Bay, that almost a million acres in the Atlantic Ocean 
and the Gulf of Mexico were at stake for either the state or 
the federal government, and the basic problem was trying to 
establish that the Gulf Stream runs into the Atlantic. The outcome 
would be significant, he said, in connection with drilling and 
mining as well as various other aspects of ownership. 

The Governor thanked Mr. Shevin for the report. 



On motion duly adopted, the meeting was adjourned, 




GOVERNOR 



CHAIRMAN 



ATTEST: 




Tallahassee, Florida 
July 20, 1971 



The State of Florida Board of Trustees of the Internal Improve- 
ment Trust Fund met on this date in the auditorium of the Depart- 
ment of Transportation, with the following members present: 



7-20-71 



332 



Reubin O'D. Askew 
Richard (Dick) Stone 
Fred 0. Dickinson, Jr. 
Thomas D. 0' Mai ley 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



The minutes of June 2 9 were approved without objection. 



-1- 

MANATEE COUNTY - The request of Mr. A. M. Davis, Vice President 
of Florida Power and Light Company, to be heard regarding 
proposed dredging, was withdrawn from the agenda. 



-2- 

ESCAMBIA COUNTY - Road Right of Way 

The Department of Transportation requests an easement over and 
across 0.19 of an acre of land in the N 1/2 of Lot 2, Section 17, 
Township 2 South, Range 30 West, in order to widen and improve 
Leonard Avenue in Pensacola. The area requested is a portion 
of a six-acre parcel under control of the Division of Health, 
Department of Health and „ Rehabilitative Services, and used for 
various Escambia County offices. 

Both the Department of Health and Rehabilitative Services and 
Escambia County have reviewed and approved the proposed easement. 

Recommend issuance of the easement . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Messrs. Dickinson and 
Christian, and adopted without objection, the Trustees approved 
issuance of the easement to the Department of Transportation. 



-3- 



DADE COUNTY - Lease Assignment 



Recommend approval of assignment of Lease No. 1177 from Canaveral 
Groves Development Company, Inc., to Sea Research, Inc., a Maine 
corporation. 

This lease dated April 15, 1958, is for a term of 30 years and 
covers a 1.39 acre parcel located on the Miami River at 3300 N.W. 
North River Drive in Miami. The assignment and acceptance of 
assignment have been reviewed and approved by staff legal counsel 
as to form and legality. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Dickinson and adopted 
without objection, the Trustees approved the lease assignment. 



7-20-71 



333 

-4- 

BROWARD COUNTY - Marina License, Section 253.03, Florida Statutes 

Jungle Queen, Inc. c/o McLaughlin Engineering Company 
400 Northeast 3rd Avenue, Fort Lauderdale, Florida 33301, 

applies for a marina license for an area containing 2,100 sq. ft. 
for enlargement of an existing facility in the South Fork of 
New River abutting Section 17, Township 50 South, Range 42 East, 
Broward County. No dredging is required. The minimum annual fee 
of $100 has been tendered. 

The Department of Natural Resources , the Game and Fresh Water 
Fish Commission and the Department of Air and Water Pollution 
Control have no objections to the proposed project. 

Staff recommends approval . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Dickinson and Mr. 
O'Malley, and adopted without objection, the Trustees approved 
issuance of the marina license. 



DUVAL COUNTY - Dredge Permit, 253.123-738 

Wilfred R. Godard 

Post Office Box 26274, Jacksonville, Florida, 

requests a dredge permit to connect an upland canal with the 
land cut segment of the Intracoastal Waterway in Section 1, 
Township 1 North, Range 28 East, Black Hammock Island, Duval County, 

Applicant requests that there be no charge for the 5,000 cubic 
yards of spoil material to be placed on uplands, since the 
project lies within a land cut of the Intracoastal Waterway 
and applicant has title to said lands. Staff field investigation 
supports this claim. 

The biological report for the modified project is not adverse. 
The Game and Fresh Water Fish Commission and Air and Water 
Pollution Control have no objections. 

Staff recommends authority to issue a dredge permit and that 
fee for spoil material be waived . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Conner, seconded by Mr. Christian and adopted 
without objection, the Trustees authorized issuance of the dredge 
permit and waived the fee for the spoil material. 



-6- 

FRANKLIN COUNTY - Dredge Permit Modification 253.123-718 

Department of Natural Resources 
Larson Building, Tallahassee, Florida 

requests modification of an existing project authorized by the 
Trustees on March 10, 1971, that allowed maintenance dredging 
of a channel 500 ft. by 50 ft. (top cut), excavating 2,000 
cubic yards of material. 

The modification would permit maintenance dredging of a channel 
2770 ft. x 50 ft. (bottom cut), excavating approximately 22,000 

7-20-71 



334 



cubic yards in Ochlockonee Bay, Section 1, Township 6 South, 
Range 2 West, Franklin County. 

The biological report is not adverse. The Department of Air and 
Water Pollution Control certified the original project on March 
25, 1971 (DF-19-205) . 

Staff requests authority to modify the dredge permit . 
ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Dickinson and adopted 
without objection, the Trustees authorized modification of the 
existing permit as requested by the Department of Natural Resources, 



-7- 

MONROE COUNTY - Construction Permit, Section 253.03 F. S. 

Key West Power Squadron 

Post Office Box 5, Key West, Florida, 

requests after-the-fact construction permit for an existing shelter 
and piers in Mudd Key in Township 66 South, Range 26 East, Monroe 
County. Applicant requests that fees be waived because the 
facility provides dockage and shelter for the squadron and the 
general public for recreation and in times of emergency. 

The Department of Natural Resources, Game and Fresh Water Fish 
Commission, and the Department of Air and Water Pollution Control 
have no objections. 

Staff recommends authority to issue construction permit and that 
all fees be waived . 

ACTION OF THE TRUSTEES: 

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



Philip S. Bennett has resigned as General Counsel of the Board of 
Trustees of the Internal Improvement Trust Fund effective July 31, 
1971. Mr. Bennett has requested to withdraw as attorney of record 
in all pending cases. 

Staff recommends that Mr. Bennett be permitted to file a withdrawal 
on each case in which he is attorney of record. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Messrs. Christian and Stone, 
and adopted without objection, the recommendation was accepted as 
the action of the Board. 

Governor Askew extended the appreciation of the members to Mr. 
Bennett for the service he had rendered to the Trustees. 
Mr. Dickinson added that it was a job well done. 

Mr. Kuperberg advised that background material on qualifications of 
the new staff counsel, Mr. Steve Turner, was being distributed to 
the members. Mr. O'Malley said he recognized the Director's 
responsibility to make his own choice in employing staff counsel, 
but as a member of the Board he would like to be informed in advance 
who was being considered to fill such a sensitive position. The 
Governor said the request would be accepted as from the Board for 
information to be furnished on a procedural basis in the future 
when consideration was being given to filling such a position as 
general counsel. 

7-20-71 



335 



-9- 

PATENTS, COPYRIGHTS AND TRADEMARKS 

The Department of Citrus requested the Trustees to transfer all 
of their right, title and interest in and to eight certain 
patents and patent applications to the Department of Citrus. 

Under Section 2 86.021, Florida Statutes, the Trustees are vested 
with title to all patents , trademarks and copyrights held by the 
State or any of its boards, commissions or agencies. Section 
2B6.031, Florida Statutes, charges the Trustees with the use,, 
management and control of patents, copyrights, etc. Staff legal 
counsel is of the opinion that the Trustees can permit the Depart- 
ment of Citrus to perform almost any act concerning the patents , 
but the title must remain in the Trustees . The Attorney General 
in 1969 by letter to the Department of Citrus and Opinion 069-81, 
indicated a license arrangement would be the proper means of 
granting use of patents to other boards , commissions or agencies 
of the State . It is recommended that the Trustees grant authority 
to the Department of Citrus by license or agreement to develop, 
receive royalties and engage in other acts that may be necessary 
with respect to the eight patents and patent applications. 

ACTION OF THE TRUSTEES: 

Secretary of State Stone understood the legislative intent was to 
DesmixaJJLze all properties of the state in one department, and 
the Trustees' records would show each transaction or disposition. 

Mr. O'Malley pointed out that the staff recommendation was based 
on the Attorney General's recommendation. He made a motion for 
approval . 

Mr. Monterey Campbell, attorney for the Citrus Commission, objected 
to the recommendation, requesting transfer by assignment. He 
discussed the position of the Citrus Commission, the historical 
basis for his request and expressed the opinion that it could be 
done at the Board's discretion as title was needed by the Com- 
mission in negotiating with companies on the patents. He said 
fclaaf: royalties had not entered into the picture in the past but 
rather improvement of the citrus industry . 

Mr. Conner felt that when trust funds can generate revenue it was 
commendable and lightened the burden of general revenue . He 
would like to see the benefits accrue to those attempting to be 
self-supporting . 

At the request of the Governor, action was delayed for two weeks. 



-10- 

PALK BEACH COUNTY - Fill Permit 253.124-187, and 

Amendment to Dredge Permit 253.123-762 

The application of Vista Builders ,. Inc . , was deferred two weeks 
at the request of the staff. 



-11- 

JVAL COUNTY - Dredge Permit 253.123-787 

Harrell ' s Marine , Inc . 

2315 3each Boulevard, Jacksonville, Florida 32250, 

requests a dredge permit for maintenance excavation of existing 
navigation channels. The 3,727 cubic yards of spoil material 
will be deposited on previously-used spoil areas on upland 
adjacent to Intracoastal Waterway in Section 32, Township 2 South, 
Range 29 East, Duval County. All material will be retained 
within adequate dikes . 

7-2 0-71 



336 



Applicant requests that the $1.00 per cubic yard fee for fill 
material be waived, and provided a signed affidavit from Lake 
G. Ray, Jr. Professional Engineer, stating that the spoil 
material consists entirely of silt and muck with no value what- 
soever for use as fill. 

Department of Air and Water Pollution Control has no objections. 
The Game and Fresh Water Fish Commission has no objections providing 
the spoil is adequately diked. The biological report is not ad- 
verse . 

Staff recommends issuance of the dredge permit and that the fee not 
be waived . 

ACTION OF THE TRUSTEES: 

Mr. Stone made a motion, seconded by Mr. Dickinson, that the 
staff recommendation be accepted. 

The staff had discussed the matter with the applicant, and as 
the dredge was ready to proceed he had agreed to pay for the 
material. Mr. Kuperberg said that while the material being re- 
moved from sovereignty land was certified as being without value 
and the applicant would have to pay for depositing it on upland, 
the staff had no core borings, only twelve on the staff to cover 
the whole state on investigations, and an extension of a waiver 
policy on other major projects might be difficult to administer. 

Treasurer O'Malley felt that the state should not make a charge 
for a waste item. Mr. Conner agreed, commenting that the Board 
would get the reputation of being arbitrary. 

Mr. Douglas Crane, representing Harrell's Marine, Inc., explained 
that maintenance was a continuing process, dredging was required 
about every four years and the silt was totally worthless and 
disposition was an expense to the applicant. 

Mr. O'Malley recognized the staff problem but thought it should 
not be the state's responsibility to make the determination. He 
was not satisfied with a signed affidavit but would want some 
type of test borings. He offered an amendment to the motion, 
accepted by Mr. Stone, that the permit be issued with a provision 
that if the applicant provided evidence acceptable to the Director 
that borings have been made showing the material to be of no 
value as fill material, then the total fee might be waived. 

Governor Askew suggested that the staff study a proposed policy 
for a situation where there is reason to believe that all is 
not silt. 

Without objection, the Trustees adopted the amended motion, seconded 
by Mr. Stone, to grant the permit and waive payment conditioned upon 
the Director receiving adequate evidence that the material removed is 
worthless, this waiver not to be considered a precedent. 



-12- 

COLLIER COUNTY - Marco Island Development Corporation 

(a) File No. 253.123.51 

(b) File Nos. 253.123-678. 253.124-149 

Results of negotiations with Marco Island Development Corporation 
will be reported. 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg thanked the Mackles for their cooperation, the 
Trustees for their patience, and the Governor for his active 
participation in the negotiations between the Executive Director 



7-20-71 



337 



and Marco Island Development Corporation (and its parent company 
The Deltona Corporation both referred to as MIDC) . Copy of a 
letter from Mr. Frank Mackle and attached Memorandum of Under- 
standing had been furnished to each member, outlining the results 
of the negotiations with respect to the terms and conditions 
under which development of MIDC ' s holdings in Townships 51 South, 
52 South and 53 South, Collier County, would proceed. The further 
purpose of the memorandum was to form a basis for the drafting and 
implementation of a definitive agreement. 

Mr. Kuperberg recommended the extension of the Roberts Bay permit 
(File 25 3.123-51) to December 1972, and the Marco River permit 
(File 253.123-678, 253 . 124-149 ) to December 1971, to correspond 
with the existing Corps of Engineers permits, the time of exten- 
sion to be conditioned upon the execution of the final agreement 
within 45 days . 

Motion was made by Mr. Christian, seconded by Mr. O'Malley, that 

the recommendation be accepted. 

Governor Askew commended Mr. Kuperberg, the staff and the repre- 
sentatives of Deltona for the tremendous amount of time spent and 
the excellent results. He pointed out that the state would be 
given valuable land including Kice Island with two miles of beach- 
front and Liquor Still Key-, dredge requirements were restricted 
leaving undisturbed mangrove areas around the border of Horr ' s 
Island; and together with the possibility of acquisition of lands 
by the federal government and securing lands from Collier Conservancy 
and the Nature Conservancy plus the possible state acquisition of 
Cape Romano, a tremendous conservation package would be put together. 
The Governor thanked the Mackles for the extent they were willing 
to go to work out a problem that had not been a violation of the 
law at the time , but the law had changed and the Mackles were 
making the change and a substantial contribution to the state. 

Governor Askew made it clear that in granting the permits , the 
Trustees set a time limit of 45 days from today in which a final 
agreement should be executed consistent with the Memorandum of 
Understanding, or the permits would be subject to revocation. 

Motion with the 45-day time limit amendment was made by Mr. Stone, 
seconded by Mr. O'Malley and adopted without objection. 

Mr. Dickinson expressed the appreciation of the Trustees for 
the excellent solution for the Mackles and the State of Florida. 



Mr. George Salley was heard at the request of Mr. Conner, with 
regard to the sugar industry of Florida. On behalf of Okeeianta 
Sugar Mill owned by the Food Products Division of Gulf and Western 
Industries, Mr. Salley proposed an exchange of land owned by 
Okeeianta for two sections of state-owned land practically the 
same distance from Lake Okeechobee, that would open up about 2,800 
acres for sugarcane cultivation and therefore would benefit the 
state. 

Mr. Conner said the staff might not be prepared to make a recommendation 
but might explore the possibility of a trade that would not be to the 
disadvantage of the state. The Governor added that there might be 
something as an incentive to the state, and a trade would have to 
be advertised. 

Mr. O'Malley brought up the need for a waiver of the rules, where- 
upon motion was made by Mr. Conner and seconded by Mr. Christian 
that the rules be waived. 

Mr. Conner then made a motion, seconded by Mr . Dickinson, that 
the staff be instructed to evaluate Mr. Salley 's request and bring 
the Board a recommendation. 

The Governor said the waiver of the rules passed with five votes , 
the matter had been discussed and the request was made to 
Mr . Kuperberg to come back with some policy . 



7-20-71 



338 

Mr. Conner expressed the opinion that the information package offered 
by Mr. Salley was very important, and misunderstandings about subsidies 
should be clarified. A portion of the amount that had been assessed 
to the growers was a rebate for compliance with the sugarcane act, 
not a subsidy. 

Mr. Salley asked the Trustees to tour the sugarcane area at the 
invitation of the Florida Sugarcane League to gain a better under- 
standing of the industry and the good conditions provided for 
agricultural workers. 

On motion duly adopted, the meeting was adjourned. 




CHAIRMAN 




ATTEST: 



Tallahassee, Florida 
August 3, 1971 

The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the auditorium of the Department 
of Transportation, with the following members present: 

Reubin O'D. Askew Governor 

Robert L. Shevin Attorney General 

Fred 0. Dickinson, Jr. Comptroller 

Thomas D. O'Malley Treasurer 



Joel Kuperberg Executive Director 



The minutes of the meeting held on July 6, 1971, were approved 
as submitted. 



-1- 

PALM BEACH COUNTY - Application to Advertise 

TIITF File No. 2414-50-253.36 

Clewiston Syrup Mill, Inc., c/o Howard S. Rhodes 

Post Office Box 1480, Collins Arcade, Ft. Myers, Florida 

Staff requests authority to advertise for objections only the 
sale of a 100 ft. strip of reclaimed lake bottom in Sections 
18 and 19, Township 43 South, Range 35 East, embracing 3.78 acres 
in Palm Beach County. The land would be used for a public recrea- 
tional camping park. 

The Board of County Commissioners of Palm Beach County and of 
Hendry County, the City Commission and the Board of Directors 
of the Chamber of Commerce of Clewiston, all state that the 
creation of the proposed recreational campinq park would be in 
the public interest. 



8-3-71 



339 



The Department of Natural Resources, the Game and Fresh Water Fish 
Commission and the Department of Air and Water Pollution Control 
have no objections. 

Staff requests authority to advertise for sale this surplus canal 
right-of-way . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Shevin and adopted 
without objection, the Trustees authorized advertisement of the 
surplus canal right-of-way for sale. 



-2- 

MONROE COUNTY - Application for Quitclaim Deed 
File No. 2391-44-253.12(6) 

The application of the Branigar Organization, Inc., was withdrawn 
from the agenda because only four members of the Board were present. 



-3- 

MURPHY ACT REPORT - Sale of lots in Nassau, Marion and 
Okaloosa Counties 

Consideration of Report No. 988 listing 24 regular bids for sale 
of lots under provisions of Section 197.350, Florida Statutes, 
was withdrawn from the agenda because only four members of the 
Board were present. 



-4- 

ESCAMBIA COUNTY - Advertise Oil and Gas Lease 

Southeastern Exploration, Ltd., 
Jackson, Mississippi, 

requests the Board to advertise for sealed bids for a five-year 
oil and gas drilling lease covering the reserved one-half interest 
of the State in the petroleum and petroleum products in a 3.1 
acre parcel in NW 1/4 of NW 1/4 of Section 11, Township 5 North, 
Range 3 3 West, Escambia County. 

This request has been reviewed by the State Geologist, who concurs 
in the following recommendation. 

Recommend advertising for sealed bids for lease with an annual rental 
of $1 per net mineral acre, 1/6 royalty, five-year primary term, 
$50,000 surety bond and at least one test well required to be 
drilled to 6,000 feet or to a depth sufficient to test the Norphlet 
Sands, whichever is deeper. 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded and adopted without objection, 
the Trustees authorized advertisement for sealed bids for an oil 
and gas lease as recommended by the staff. 



i-3-71 



340 



-5- 

SANTA ROSA COUNTY - Advertise Oil and Gas Lease 

The Louisiana Land and Exploration Company 
New Orleans, Louisiana, 

requests the Board to advertise for sealed bids for a five-year 
oil and gas drilling lease covering the reserved one-half interest 
of the State in the petroleum and petroleum products in Lots 1 and 
2 , Section 28, Township 6 North, Range 29 West, containing 80 
surface acres in Santa Rosa County. 

This request has been reviewed by the State Geologist who concurs 
in the following recommendation. 

Recommend advertising for sealed bids for lease with an annual 
rental of $1 per net mineral acre, 1/6 royalty, five-year primary 
term, $50,000 surety bond and at least one test well required to 
be drilled to 6,000 feet or to a depth sufficient to test the 
Norphlet Sands, whichever is deeper. 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded and adopted without objection, 
the Trustees authorized advertisement for sealed bids for an oil 
and gas lease as recommended by the staff. 



-6- 

SANTA ROSA COUNTY - Advertise Oil and Gas Lease 

Sun Oil Company, 
Dallas, Texas, 

requests the Board to advertise for sealed bids for a five-year 
oil and gas drilling lease covering the reserved one-half interest 
of the State in the petroleum and petroleum products in the 
N 1/2 of NW 1/4 of SE 1/4 of SE 1/4, Section 22, Township 5 North, 
Range 29 West, containing 5 surface acres in Santa Rosa County. 

This request has been reviewed by the State Geologist, who 
concurs in the following recommendation. 

Recommend advertising for sealed bids for lease with an annual 
rental of $1 per net mineral acre, 1/6 royalty , five-year primary 
term, $50,000 surety bond and at least one test well required to 
be drilled to 6,000 feet or to a depth sufficient to test the 
Norphlet Sands, whichever is deeper. 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded and adopted without objection, 
the Trustees authorized advertisement for sealed bids for an oil 
and gas lease as recommended by the staff. 



-7- 

CLAY COUNTY - Right of Way Easement, File 2404-10-253.03 
Dredge Permit 253.123-864 
Fill Permit 253.124-199 

Department of Transportation 
Tallahassee, Florida, 

requests a right-of-way easement embracing 3.0 acres of sovereignty 
land in Black Creek abutting Sections 2 8 and 38, Township 5 South, 
Range 26 East and right-of-way easement embracing 2.41 acres of 
sovereignty land in Governor's Creek abutting Section 37, Township 
6 South, Range 2 6 East, Clay County, necessary for the construction 
of two bridges for State Road No. 15. 



3-3-71 



341 



The Department of Air and Water Pollution Control, the Game and 
Fresh Water Fish Commission and the Department of Natural Resources 
have no objections to the proposed easements. 

Dredging and filling are not required for the Governor's Creek 
project. The Black Creek project will require the excavation 
of 1,700 cubic yards of muck to be placed on upland and replaced 
with 600 cubic yards of fill material obtained from uplands. 

The Department of Air and Water Pollution Control certified the 
dredge and fill operations on July 21, 1971. The biological report 
for the project is not adverse. The Game and Fresh Water Fish 
Commisssion offers no objections. 

The Board of County Commissioners of Clay County granted a dredge 
and fill permit on June 8, 19 71. 

Staff recommends issuance of the two right-of-way easements , approval 
of the county's action and requests authority to issue the neces- 
sary permits . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Shevin and Mr. O'Malley, 
and adopted without objection, the Trustees approved issuance of 
the two right-of-way easements to the Department of Transpo