"" \, STATE OF FLORIDA 0-0 /.
"DEPARTMrNT OF ENVIRONMENTAL ti.GULATION
^ BOB GRAHAM
TWIN TOWERS OFFICE BUILDING GOVERNOR
"2600 BLAIR STONE ROAD
TALLAHASSEE, FLORIDA 32301 VICTORIA J. TSCHINKEL
?sor C* Executive
O F iD e p t.
MEMORANDUM M FEB4 2 E
TO: Water Management District Governing ; men
Water Management Distri t Executive Directors
FROM: Victoria J. TschinkelJ
DATE: February 19, 1982
SUBJECT: Water Management Lands Trust Fund (Save Our Rivers)
Five Year Plans of Acquisition
Attached, for your information is a set of Five-Year Plans
adopted by each district.
I would like to thank all of you for the outstanding work efforts
completed by you and your respective staff. Once again, Flori-
dians can be proud of the districts for initiating, developing,
and implementing an innovative water resource management program
of national distinction.
cc: Honorable Bob Graham
Protecting Florida and Your Quality of Life
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
Correspondence Action and Routin
Original To .Central File
ACTION COORDINATE with
INFORMATION COPIES TO:
Asst. to Exec. Dir.
Attorney, Gen. Admin.____
Dept. Dir. Res. Reg. ___ Z--..
Dept. Dir. Res. Mgmt. A
Dir. Finance I
Dir. Admin. Services \
Manager Tecn. Support
Manager Plan. & Prog. Develop.
Public Information J
Supv. Boards Sec.
L.M. Blain L0--
Chairman, Gov. N d
Vice Chairman, Gov. $
Basin Board___ __
Other fft9^ e2 zo &
Committee Substitute for Senate Bill No. 620
An act relating to the excise tax on documents; amending a.
201.02(1), Florida Statutest increasing tax on certain
documents? amending a. 201.15, Florida Statutes; providing
for distribution of taxes collected; creating s. 373.590,
Florida Statutes; creating the Water Management Lands Trust
Fund in the Department of Environmental Regulation; directing
the secretary of the Department of Environmental Regulation
to allocate moneys from the fund to the five water management
districts for the acquisition of certain lands providing for
other disposition of moneys in the fund and lands acquired;
providing for future repeal; providing effective dates.
Be It Enacted by the Legislature of the State of Floridat
Section 1. Subsection (1) of section 201.02, Florida Statutes, is
amended to read:
201.02 Tax on deeds and other instruments relating to lands, etc.-
(1) On deeds, instruments, or writings whereby any lands, tenements,
or other realty, or any interest therein, shall be granted, assigned,
transferred, or otherwise conveyed to, or vested in, the purchaser, or
any other person by his direction, on each $100 of the consideration
therefore the tax shall be 45 40 cents. When the full amount of the
consideration for the execution, assignment, transfer, or conveyance is
not shown in the face of such deed, instrument, document, or writing, the
tax shall be at the rate of 45 40 cents for each $100 or fractional part
thereof of the consideration therefore.
Section 2. Section 201.15, Florida Statutes, is amended to read:
201.15 Distribution of taxes collected.--All taxes collected under
the provisions of this chapter shall be distributed as follows
(1) Seventy-nine point five percent 84i-eevenfthe of the total taxes
collected under the provisions of this chapter shall be paid into the
State Treasury to the credit of the General Revenue Fund of the state, to
be used and expended for the purposes for which said General Revenue Fund
was created and exists by law.
(2) Thirteen point three percent ene-seventh of the total taxes
collected under the provisions of this chapter shall be paid into the
State Treasury to the credit of the Land Acquisition Trust Fund. Sums
deposited in such fund pursuant to this section may be used for any
purpose for which funds deposited in the Land Acquisition Trust Fund may
lawfully be used and may be used to pay the cost of the collection and
enforcement of the tax levied by this chapter.
(3) Seven point two percent of the total taxes collected under the
provisions of this chapter shall be paid into the State Treasury to the
credit of the Water Management Lands Trust Fund. Sums deposited in that
fund may be used for any purpose authorized in s. 373.590, and may be
used to pay the cost of the collection and enforcement of the tax levied
by this chapter.
Section 3. Section 373.590, Florida Statutes, is created to read:
373.590 Water Management Lands Trust Fund,--
(1) There is established within the Department of Environmental
Regulation the Water Management Lands Trust Fund, to be used as a
CODING: Words in stefk-thehTgh type are deletions from existing lawt
words in underscored type are additions.
nonlapsing fund for the purposes of this section. The moneys in this
fund are hereby continually appropriated for the purpose of acquiring
land in accordance with the provisions of this section.
(2) Bach district shall file a 5-year plan for acquisition with the
SLegislature and the secretary by January 15, 1982. Annually thereafter
each district shall file with the Legislature and the secretary a report
of acquisition activity together with modifications or additions to its
5-year plan of acquisition. Expenditure of moneys from the Water
Management Lands Trust Fund shall be limited to the acquisition costs of
lands included within the plan as filed by each district.
(a) Prior to July 15, 1982, the use of moneys from the fund shall be
limited to the following land acquisitions:
1. By South Florida Water Management District--lands in the water
conservation areas and areas adversely affected by raising water levels
of Lake Okeechobee in accordance with present regulation schedules, and
the Savannahs Wetland area in Martin County and St. Lucie County.
2. By Southwest Florida Water Management District-lands in the Four
River Basins areas, including Green Swamp, Upper Bllsborough and Cypress
Creek, Anclote Water Storage Lands (Staskey), Withlacoochee and
!illsborough riverine corridors, and Sawgrass Lake addition.
3. By St. Johns River Water Management District--Seminole Ranch, Latt
Maxey and Evans properties in the upper St. Johns River Basin.
4. By Suwannee liver Water Management District--Lands in Suwannee
5. By Northwest Florida Water Management District--lands in the
Choctawhatchee and Apalachicola River Valleys.
(b) After July 15, 1982, the use of moneys from the fund shall be
used for continued acquisition of lands listed above and as set forth in
the districts' S-year land acquisition plan.
(3) Moneys from the Water Management Lands Trust Fund shall be used
for acquiring the fee or other interest in lands necessary for water
Management, water supply and the conservation and protection of water
resources, except that such moneys shall not be used for the acquisition
of rights-of-way for canals or pipelines. Lands acquired with moneys
from the fund shall be managed and maintained in an environmentally
acceptable manner, and to the extent practicable, in such a way as to
restore and protect their natural state and condition. The secretary of
the Department of Environmental Regulation shall release moneys from the
Water Management Lands Trust Fund to the districts following receipt of a
resolution adopted by the governing board identifying the lands being
acquired and certifying that such acquisition is consistent with the plan
of acquisition and other provisions of this act.
(4) Water management land acquisition costs shall include payments to
owners, and costs and fees associated with such acquisition.
(5) The state-to-district ratio for funding of water management land
acquisition shall be 4 to I except that the first $2 million of the
moneys allocated to the district annually shall be exempt from the
matching requirement. Any unused portion of a district's share of the
fund shall accumulate in the trust fund to the credit of that district.
Interest earned on such portion shall also accumulate to the credit of
that district to be used for land acquisition as provided in this
section. The total moneys over the life of the fund available to any
district under this section shall not be reduced except by resolution of
CODINGs Words in stetre-th eegh type are deletions from existing law:
words in underscored type are additions.
the district governing board stating that the need for the moneys no
(6) Moneys from the Water Management Lands Trust Fund shall be
available to the five water management districts in the following
(a) Thirty percent to the South Florida Water Management District.
(b) Twenty-five percent to the Southwest Florida Water Management
(c) Twenty-five percent to the St. Johns River Water Management
(d) Ten percent to the Suwannee River Water Management District.
(e) Ten percent to the Northwest Florida Water Management District.
(7) Moneys in the fund not needed to meet current obligations
incurred under this section shall be transferred to the State Board of
Administration, to the credit of the fund, to be invested in the manner
provided by law. Interest received on such investments shall be credited
to the fund.
(8) Lands acquired for the purposes enumerated in this section shall
also be used for general public recreational purposes which are not
inconsistent with subsection (3).
(9) A district may dispose of land acquired under this section,
pursuant to s. 373.089. However, revenue derived from such disposal may
not be used for any purpose except the purchase of other lands meeting
the criteria specified in this section.
Section 4. The tax increase imposed by section 1 of this act is
repealed effective July 1, 1991, and the tax rate shall be reduced to 40
cents for each $100 or fractional part thereof of the consideration. The
change in the schedule of distributions imposed by section 2 of this act
is repealed effective August 1, 1991, at which time the schedule of
distributions shall revert to the schedule existing at the time of
passage of this act.
Section 5. Section 373.590, Florida Statutes, is repealed effective
July 1, 1992. Any unobligated moneys remaining in the Water Management
Lands Trust Fund on the date of the repeal of that section shall be
deposited in the General Revenue Fund.
Section 6. This act shall take effect July 1, 1981, except section 2
shall take effect August 1, 1981.
Approved by the Governor June 5, 1981.
Filed in Office Secretary of State June 8, 1981.
This public document was promulgated at a base cost of $17.28 per *
page for 1500 copies or $.0115 per single page for the purpose *
of informing the public of Acts passed by the Legislature. *
CODING: Words in streek-thiugh type are deletions from existing law,
words in underscored type are additions.
ES* QA-tinwe-t czf t ,
Department of Environmental Regul ation
TalhRoutae 1 Box 3100, Havan, Florida 32333 32
J. William McCarmey (904) 4871 770
Executive Director December 17, 1981
questions or comments you may have regarding our program.
DEC 18 I3
Office of tShe Secreta
Ms. Vicki Tschinkel
Department of Environmental Regulation
2600 Blair Stone Road
Tallahassee, FL 32301
/Pursuant to Chapter 373,590(2), F. S., I am pleased to submit to you, on
( behalf of the Governing Board, our District's five-year program plan for the
acquisition of lands under the Water Management Lands Trust Funds.
Subsequent to your review, I will be pleased to respond to any
questions or comments you may have regarding our program.
J. Wiliam McCartney
Attachment (copy of five-year plan)
TOM S.COLDEWEY DAVAGE RUNNELS WILLIAM C. SMITH
Chairman Port St. Joe Vice Chairman Destin Sec./Treas. Tallahassee
W. FRED BOND MARION TIDWELL CANDIS M. HARBISON R. L. PRICE, JR. BLUCHER B. LINES R. BERNARD PARRISH
Pensacola Chumuckla Panama City Graceville Quincy Tallahassee
LAND ACQUISITION PROGRAM
THE NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT
as Authorized by
The Water Management Lands Trust Fund
Chapter 373.590, F. S.
I. Intent of tie Governin c Boaid
II. Statement of Objectives
III. Options to Accomplish Identified Objectives
IV. Five-Year Acquisition Plan
( V. Aca,' i i i Prior l e
VI. Acquisition Alterna*cives
VII. Acquisition Procedures
*'* re [) f O
The Northwest Florida Water Mdanagement District
as Authorized by
The Water Management Lands Trust Fund
Chapter 373.590, Florida Statutes
I. Intent of the Governing Board
It is the intent of the Governing Board as authorized under
Chapter 373.590, F. S., to establish a land acquisition program to
the extent cpssible under available operating f;nds. t is further
the intention of the Board to iplement ths program in a manner that
will provide long-ter benefit to the citizens and water resources of
the District while not placing a significar- financial liability on
"the District after- tfernation of the program It is also the intent
of the Board th. t other alternatives to accor*olish the identified
object.es of t is 1progr,' e exored. L stly, it is the intention
o tne Governing 3ar to ^ courage the appropriate officials of the
j State of F orida .: c. rse ,jree,-e "t wi:1 te s ates f Alabara and
Georgi r the plannfrg and na:nage'iont of our interstate river basins
to ensure that iny cis o 3ong ne rivers originating outside
the State are not c.rror:nsed by act ;vi ties in the other states.
The ob jecive of -his :roogra'; is to acquire necessary interest
in lands to preserve or protect the waters .snd related land resources
of the District necessary for water tanage'ent, water supply, and the
conservation :, .2 :te.'in o,' water resources. [t is dalso n
objective of this ;roram :hda. wh'bere justified, the District nay
acquire tiner ," '' "s h" h,.'ce heir rar.ra2 aes,'etlc,
"recre. j-n:; r' "" V +- ..':
III. Options to Accc is h .entfiec bj ectives
To accomplish :he objectives of the District's land acquisition
program, there are an array of options available for consideration.
In general, these options fall under two basic areas: 1) degree
of interest in land to be acquired, and 2) types of lands to be
In terms of degree f interest to be acquired, Chapter
373.590(3) authorizes :he iprchase of "fee or other interest in
'71 57 .,31 at .. t ..r chas se o ,
lands." This statement provides the District with the authority to
exercise varying degrees of control over lands :o accomplish its
objectives. Ac:isit on options could include the following:
A. Fe e r rchase
C. Purchase Cf ^eve'oent ?) hts
( 0. ojrch.se -nsev" E seI e s
E. Fee .rcnase ... Le se-b-ck of Certain ,ignts
F. Fee Purchase ,h ResaIe, Reserving Certain Rights
3. Joint 7rc ..' 'terests wth other Organizations/
H. Lease ^ ^rc,- r :y
S. Gis c oerty.
Numerous octions lso exist for-the types of land to be
purchased under -his progr<.. These :nay include but are not
necessarily 7li-ec .o:
A. ,River -, S.rerr F-o.dKlns
D. River and Streai L ittoral
Q E. Springs
G. Lake Buffer Zones
H. Recharge Areas
J. Well Fields
K. Unique Wa*ter Features
L. Lands needed to Reain or Store Water
IV. Five-Year AcQuisition Plan
As provided in Chapter 273.590(2), the District is required to
file a five-year Dlan for acui 4on with the Legislature and
Secretary of the 3epartrePt of nyv ronmental Regulations by January
15, 1982. Annual y there-it e, te Mistrct mnust file a report of
; acquisition 3ctivi y .'. : ".' 'ic.tions, if any, or additions
to the five-year plan.
Based on esti-ates 'It this time, the total funds available under
this program r'i l e tely 32,300,03 (i.e., 10 percent of
$320,000,000 St wi ). s-. ss;. ig one-half of these funds could be
available to the District in the first five years, the District would
have some 15,000,C000 ror tne trust fnd to devote to land acquisition
and related costs. It should be *e;nevtered that all expenditures for
lands after the first $2,000,000 each year will require a match of four
to one, or 20 percent. This :;a:chg require.ent, however, can be
satisfied with any .Ins .a ilbl.e to the District for such purchase,
inc.din r nt ; ': .r -,., '. n ,s, '' other so jrces .f
revG'. ..r :& 2* -I jirc in( ,-: l
funds, the District could have a total of $1720000 to support ts
% 200,000 t o support its
land acquisition program as follows:
No Match Required
$2,000,000 per year for five years $10,000,000
$1,200,000 per year for five years 6,000,000
$ 240,000 per year to natch 1,200,000 a ove 1,200,000
First Five-Year Funding Total $17,200,000
It is also important to note that the District is not obligated
to spend any funds under th:s progr'd. in any given yenr. All
unobligated funds each year accrue in an nterest-bearing trust fund
specifically allocated to this District. however, any uncbligated
mon es regaining ;n the District's account on July 1, 1992 will be
S n and eposie in the State's ene:al ev:ene Fund.
Based on tne req relents of the program and te object lives and
options dentiied in sections [ I and I above, i st is suggested that
the Gov'erning oad seta1:i the necessary interests ",n. any of the below
listed land areas. The suggested acquisitions are not intended to
identify the extent of area to be acn.ired or to be on a priority
basis in th he orer ey are listed, father, it is i important
to maintain flexibility n priority so as not to influence land
values, to be able to r'ove qilCckly on purchases which can be ;ade at
the District's ap:ra.ised price, and to take advantage of the
availability of any finds valuable to satisfy the strict's m chinq
OS ? 'e 7 e .... ,. ; 'V ,"' .f': ,r s: .
va^s b I t t \ 3! ,! \3lrh S nCf ^a
The suggested acquisitions are:
A. Rivers and Streams Within the State of Florida
1. Wakulla River littoral
2. St. Marks River littoral
3. Littoral of Econfina Creek and other watercourses flowing
into Deer Point Lake
B. Rivers and Strea:ms Orioinatr'in outside the State of Florida
1. Apalachicola River flocCp3lin
2. Chipola River floodplain
3. Lower ADa-chicola River .wetlands
4. Choctcwhatchee Roaer i'.e-year floodplain
"5 Lower Esc a i er floodCPl n
6. Lower 3'cKwaer ier fccli
1. Sp'r ,s 'ar-s ;, d-r 'r- 3, ricge
2. Bl je Sprc ',,s, s..o "C'u.
3. 3^e Sp^ ^ js, r ITo nJ y
4. BSue Sprip:s, r.-es 7ny
5. Spri'n LaKe are
6. Wadel! I pr .ns
7. Bose S
8. Willifora Srirjs
9. Hays SprifVjs
10. Morrison ':ri cs
1. Lake Jackson (Leon County) buffer zone
2. Sand Hill Lakes in south Washington County (Deadenings)
E. Other Areas
1. Jacks Branch retention area
2. Ocheesee Pond
V. Acquisition Priorities
Upon adoption of the five-year plan by the Board and its
acceptance by the Legislature, the Governing Board may wish to
establish a systematic procedure t establish the priority of areas
for purchase. The oar. might also want to obtain recommendations
from such groups as the s Advisory C mnittees, legislative
delegation, state ;nc feder; agecy 'e.'sonnel, or the general public
"in the estb i snrhment ;s 'i
n estrali hinl 2ri>':1i, ':e fo1'wng4 wou d need to oe
A. s1' of area
degree of ve :.act ;f ac:s' :'n on the water resources
C. cost per unit area
D. availability o' f y atcning unds
extent of dev opfm.et pr-scures
F. income-produci n 'vl e of iand
G. type of controlling i interest neeaea to achieve objectives
H. management cos' sfter aC:'isition
VI. Acquisition Alternatives
/ As there are many alternative areas which may be considered for
purchase under this program, so are there many types or degrees of
acquisition. As noted in Section II[, the purchase of fee title is
only one of the several options which exist to control land for water
management purposes. In some cases, a lesser interest in lands might
well accomolish tne objectives of the nr-gram at a lower cost. For
example, in some floodplain or similar areas, the District might
consider the purchase of development rights to prevent building
construction, bilt-u roads, surface :nrin'ng, dikes, dar"s, levees and
canals, docks, retaining walls, or any type of structure. The
District could, however, al!ow, ether by agreement or permit,
selected cutting of timber, lease r :1'se f hunting rights,
bee-keeping and stner conciatie flni;3l nsbanry, recreation and
ScamingM and in soa:e cases, er.ha-s %ne :i and gas rights.
By purchase of .evlSop-ent rights as :o-tlined 3aove, the
following right be acc:onr 'ihse:
1. t.he pro-erty re:.a ns 'S private e noanershi:p and s-ys or the
county tax rolls;
2. the owner could retain certain rights to the use of his
property, such as timber and hunting, which in northwest
Florida are 0f najor importance;
3. the District could hopefully obtain selected development
rights at a significantly lower cost than fee purchase.
(note: Thi. hgs, hwee,, not he'. t h.e e.: 'rierce of the S.ouTh
Fi ila i ter "* -''.. "r: ^ ^ r ,-c r Ln ":" r.. ..e r
This may or may not be the case in northwest Florida. I would
i- suggest that all appraisals be accomplished in a manner that
would allow the Board to compare the various costs by type
and degree of interest.)
4. The objectives of the District would be accomplished to the
same extent as if the District owned fee interest in the
5. The District would not experience any management costs after
purchase of development rights as it would if it held fee
title to purchased land. This could substantially reduce any
potential long-tern financial liability to manage District-
Whether the 3cove wold provide any advantage t'J the District's
land acquisition pogra'r. re',is to be seen. In any event, the
( District would wie to e re a' tyes and degrees of acquisition
which could be aplicable for individual parcels of land.
V1I. Accuisition Procedures
As Agreed by wll w te, p' emeirt districts, it is desirable for
all districts to util ze s'cnwts' acquisition procedures. The
standard oroced'e. e fr eselfy being drafted hy the South Florida
Water Management District. After these procedures are finalized,
they will be presented t' each governing board for adoption.
I. '4 Soui Florida4^
Water Management Diss
S,'-- --, Post Oece Box V 3301 Gun Cluo Road
,m West Pa m Beach. ionria 3302 DC
\ ,. .,%/ Te c,-re ia05 65-55"EC00 8
-, rda WATS Line 1-5C00-32-2045
Office of the Se
IN REPLY REFER TO: 4-FCD-20 :December 4, 19r9
Victoria J. Tschinkel, Secretary
State of Florida Department of
2600 Blair Stone Road
Tallahassee, Florida 32301 "
In accordance with the requirements of Chapter 81-33 (commonly
known as the "Save Our Rivers" act) the Governing Board of the
South Florida Water Management District adopted a 5 year plan
with regard to acquisition of lands under that legislation.
Enclosed with this letter is the 5 year plan of South Florida
Water Management District. If you have any comment or question,
"Q please contact me.
With best wishes, I am
Very truly yours,
Robert L. Clark, Jr.
Chairman, Governing Board
~__ ~~ ~_~S
South Florida Water Management District
RESOLUTION No. 82-01
ADOPTING A 5 YEAR PLAN FOR LAND ACQUISI-
TION UNDER CHAPTER 81-33, LAWS OF FLORIDA
WHEREAS, the legislature of the State of Florida enacted Chapter 81-33
to increase the documentary stamp tax for the purpose of land acquisition by
the 5 water management districts, and
WHEREAS, it is the desire of the District to acquire fee title and other
interests in land to (1) protect, preserve or enhance the quantity and quality
of fresh water available for all uses and (2) provide the ability to manage
the fresh water resources of the District, and
WHEREAS, upon acquisition of lands for the purposes acquired, they shall
be managed (1) for the purposes acquired and in an environmentally compatible
and acceptable manner and (2) where practical and compatible with the purpose
for which acquired, in such a way as to restore and protect their natural state
and condition and (3) for use for general recreational purposes not inconsis-
tent with (1) and (2) above, and
WHEREAS, Chapter 81-33 requires each water management district to adopt
a 5 year plan of acquisition and to file the plan with the legislature and the
Secretary of the Department of Environmental Regulation, and
WHEREAS, the water resources of the District have been carefully reviewed
to ascertain those which need protection, and
WHEREAS, the consideration of a 5 year plan of acquisition has been dis-
cussed in public meetings on two occasions.
NOW THEREFORE BE IT RESOLVED by the Governing Board of South Florida Water
Management District that it does hereby adopt, as its 5 year plan of land acqui-
sition, those lands included in the attached list which is entitled Exhibit "A".
BE IT FURTHER RESOLVED that the lands are not listed in any order of pri-
ority and that there is no present plan to use eminent domain to acquire any of
PASSED and ADOPTED, this the 13th day of November, A. D., 1981.
SOUTH FLORIDA WATER MANAGEMENT
(Corporate Seal) DISTRICT, BY ITS COVERING BOARD
ATTEST: BY /s/ Robert L. Clark, Jr.
/s/ John R. Maloy
LAND ACQUISITION 5 YEAR PLAN
I. LANDS AND LAND INTERESTS IN THE WATER CONSERVATION AREAS
(a) Ratner 13,000 acres fee title. (When litigation is completed).
(b) Kanter 20,000 acres fee title. (When Ratner litigation is completed).
(c) Everglades Assets mineral rights in 14,700 acres. (When pending zon-
ing litigation is completed)
(d) Avant 1/2 interest in minerals in 22,000 acres.
(e) Hillsboro-Shawano 100% mineral rights in 22,000 acres.
(f) Lykes, LeBlond, Graham 1/2 interest in minerals in 44,000 acres.
(g) Andrus 100% interest in minerals in 2600 acres.
(h) Sanderson 1/2 interest in minerals in 2600 acres.
(i) Southern States Land & Timber 1/2 interest in minerals in
(j) Model Land Co. 1/2 interest in minerals in 16,600 acres.
(k) Belcher 1/2 interest in minerals in 1300 acres.
(1) Dawley 1/4 interest in minerals in 3800 acres.
(m) Lott 1/4 interest in minerals in 1300 acres.
II. LANDS AFFECTED BY RAISING LAKE OKEECHOBEE
(a) Nicodemus Slough (Lykes) fee title to 2,000 acres.
(b) Land North of Levee 59, West of Kissimmee River 1200 acres
(ownership not known)
Purchase of those parcels not yet acquired by DNR in its plan of purchase,
as shown in the report of Lt. R. E. Roberts based on his August 12, 1980
inspection of the Savannahs. The report indicates 34 parcels not acquired
plus numerous small ownerships, all of which comprise approximately 850
IV. KISSItMEE RIVER
Purchase of water storage areas behind the existing structures in the
river 18,000 acres estimated.
V. EAST EVERGLADES AREA
The Trust for Public Land has arranged to acquire 50,000 acres of East
Everglades wetland from Aerojet-General. Of this amount 32,800 are a gift
and 17,200 require payment at a price now being determined. The Trust for
Public Land only acquires title for reconveyance to public entities. It
is presumed that the price to be paid by the District to Trust for Public
Lands would be exactly what is paid for the 17,200 acres.
VI. HEADWATERS OF LOXAHATCHEE RIVER (Palm Beach County)
An area approximately 2 miles long and about mile wide from Indiantown
Road to Jonathan Dickinson State Park. Also an area south of Indiantown
Road. Both areas are about 3500 acres. They would protect the canopy area
of the river.
---,,S r. -a Xlara a ,<,. 3Xs-f ? f
"- 5060 U.S. HIGHWAY 41. SOUTH BROOKSVILLE. FLORIDA 33312
"19l' "/ PHONE 1904) 796-7211
BRUCE A. SAMSON. Chairman. Tampa B. T. LONGINO. Sarasota JIM KIMBROUGH. Brooksviile
Wm. O. STUBBS. JR.. Vice Chairman. Dade City CLIFF STEPHENS. Clearwater ARCH UPDIKE. JR.. Lake Wales
GE JAMES CAMPBELL. Secretary. Plant City DON CRANE. St. Petersburg
RONALD B. LAMBERT. Treasurer. Wauchila WILLIAM C. TATUM. Executive Director
January 19, 1982 -
The Honorable Bob Graham
Governor of Florida
Office of the Governor "
The Capitolc i
Tallahassee, FL 32301
Re: Save Our Rivers Five-Year Plan
Dear Governor Graham:
Please find enclosed a copy of the Five-Year Plan on the "Save Our
Rivers" program which was recently approved by our District Govern-
ing Board. This plan is submitted pursuant to Chapter 373.590 F.S.
Very tr yours,
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
WATER MANAGEMENT LAND ACQUISITION
The Southwest Florida Water Management District would acquire the
following types of lands ufder the "Save Our Rivers" Program pursuant to
Chapter 373.590 Florida Statutes:
1. Completion of the land acquisition necessary to the Four River
Basin, Florida Project, is providing environmentally sound flood
control and other multi-purpose uses. This includes such areas
as the Green Swamp, Lower Hillsborough and Cypress Creek projects.
2. Commence acquisition of riverine swamps and corridors (especially
floodways) downstream of flood detention areas and in areas of
heavy developmental pressure or adjacent to other District land
holdings. These lands are necessary to allow the proper functioning
of existing and proposed water management systems as well as
protecting or restoring natural water management functions such as
water quality and recharge maintenance.
3. Acquisition of other lands having some unique water management
C function, such as special recharge areas or water supply protection.
An example would be a creek that would be a direct tributary to a
well field or reservoir serving a public water supply source.
Following is a list and brief description of lands which the District
envisions acquiring under the "Save Our Rivers" Program. The five-year
plan is to be dynamic in order to allow flexibility both in the lands
Selected for acquisition and to permit negotiation simultaneously with
numerous property owners (within the projects listed) in order to
assure the most effective utilization of funds available at that parti-
1. Green Swamp Project
As part of the Four River Basin, Florida Project, the District has
acquired over 75,000 acres in the Green Swamp area. An additional
21,971 acres are needed to complete this project which would
provide flood control and water storage while protecting and
restoring wetlands, water quality, flood plains, recharge areas,
and providing a good potential for recreation and water supply
' 2. Withlacoochee and Hillsborough Riverine Corridors
The acquisition of these lands in concert with completion of the
Green Swamp Project, would put the headwaters flood plains of the
Hillsborough and Withlacoochee Rivers entirely in public ownership.
These corridors cover over 15,000 acres and consist primarily of
hardwood forests and swamps. These lands function as a natural
conveyance for flood waters and have natural water storage capabilities.
3. Anclote Water Storage Lands (Starkey)
The District has acquired 5,400 acres in the flood plains of the
Anclote and Pithlachascotee Rivers, which also serve as a well
field for New Port Richey. Approximately 4,000 adjacent acres are
currently being considered for additional flood plain and wetland
protection. This area is under considerable development pressure.
4. Sawgrass Lake Addition
The District has acquired 360 acres in Pinellas County as a water
retention area which protects the surrounding communities from
flood damage. The District operates the retention area in a manner
which preserves and restores the natural wetlands of the area. In
1977, the District built an environmental education center in
cooperation with the School District and Parks Department of
Pinellas County. The complex contains 5,700 feet of boardwalk and
S2,900 feet of footpaths which provide opportunities for a close
examination of local flora and fauna. The acquisition of 40
additional acres would provide for expansion of the complex and its
water management capability.
5. Cypress Creek
This area includes about 7,250 acres of riverine forest associated
with the downstream drainage of the Cypress Creek Flood Detention
Area. This part of the Hillsborough and Pasco Counties is under
intense development pressure. Acquisition would provide natural
flood control and water supply protection.
6. Lower Hillsborough Project
As part of the Four River Basins, Florida Project, the District has
acquired nearly 15,000 acres of riverine forest and adjoining water
storage areas along a ten (10) mile reach of the Hillsborough River
downstream of the Hillsborough River State Park. Approximately 160
acres of additional land along Flint Creek, from the river upstream
to Lake Thonotosassa are needed for water management, water storage
and floodway purposes.
L Group "B"
1. Mac Arthur Tract
This 30,000-acre site could provide various water management
functions; including water conservation, wetlands protection and
water supply. The site is in an area under development pressure
and is within a region of limited naturally-available potable
2. Medard Reservoir Floodway
The District owns approximately 1,250 acres in the upper reaches of
the Alafia River in Hillsborough County. A reservoir and park
exist on the land already owned. An additional 140 acres are
necessary along the river as a floodway to allow maximum discharges
to occur safely without additional structural modifications.
3. Jack Creek
This 865-acre site in Highlands County represents the ten-year
flood plain of Jack Creek. The land is necessary to allow safe
discharges to occur from the upstream structures regulating lake
levels in the area. This area is under residential development
pressure on its south and east boundaries.
( 4. Brooker Creek Riverine System
Brooker Creek originates in the marshes and swamps of northwest
Hillsborough County and travels less than ten (10) miles into Lake
Tarpon in Pinellas County. These 1,015-acres of wetlands remain
essentially intact in an area of extremely rapid suburban development.
5. Cypress Creek/Trout Creek
The 9,984 acres of flood plain adjacent to these tributaries of the
Hillsborough River are primarily mixed swamp forests composed of
cypress and other hardwoods. At present, this area of Hillsborough
and Pasco Counties is under development pressure. Acquisition of
these low-lying forested swamps would prevent future flood problems
while preserving the natural resources of the swamps.
6. Manatee Reservoir Floodway
Manatee County Reservoir upstream of this 2,600-acre site provides
potable water for Manatee and part of Sarasota Counties. Acquisi-
tion of this floodway along the lower Manatee River will allow safe
discharges to occur through the dam. The floodway is under consider-
able developmental pressure. Acquisition would prevent further
flooding problems and protect natural resources.
1. Lithia Springs
This 160-acre tract, traversed by the Alafia River for over one-
half mile, also contains the main spring head of Lithia Springs.
"Hillsborough County currently leases this property as a public
park. Acquisition of the spring head, the riverine forest system
and adjoining uplands would prevent future flooding problems,
protect natural resources, and secure recreational utilization.
2. Gum Slough
The 4,416 acres designated for purchase along Gum Slough represent
the ten-year flood plain in this portion of the Withlacoochee River
(Sumter County). The area is primarily extensive hardwood swamps
that extend to the northeastern shore of Lake Tsala Apopka.
Purchase of these lands would preserve large areas of relatively
undisturbed wetlands and swamp forests along with their wildlife
and water resources.
3. Prairie Creek
As a tributary to Shell Creek, the potable water supply source for
the city of Punta Gorda, the 2,752 acres of hardwood flood plain
forest along Prairie Creek represent an important natural resource
to the area. Land acquisition would ensure the protection of water
supply sources in these traditionally water-poor areas of DeSoto
and Charlotte Counties, as well as protect other natural resources.
4. Anclote River Floodway
This 4,328-acre site, in concert with the Starkey lands in Group "A"
item number 3 above, would provide public ownership of the Anclote
River from Seven Springs to the headwater. The flood plain con-
sists of riverine forests and wetlands which are under considerable
5. Squirrel Prairie
Squirrel Prairie is a limestone sink region in southern Hernando
County and northern Pasco County. The area's 1,728 acres normally
receive drainage through the numerous sinkholes, ponds and sloughs.
Acquisition of the Squirrel Prairie area would preserve the area's
recharge capabilities and limited flood abatement role.
C 6. Blackwater Creek
Blackwater Creek, a tributary of the Hillsborough River, has been
subject to the same suburban encroachment generally associated with
many areas within this basin. Purchase of approximately 12,224
acres of Blackwater Creek's flood plain would protect an essential
floodway, prevent further urban encroachment and help alleviate
flooding problems which have developed in the poorly drained
7. Tatum Sawgrass
Located in Sarasota County, the 4,300 acres proposed for acquisition
would include large areas of marshlands and peripheral hammocks
that may provide flood storage within the area, as well as ensuring
water conservation both in supply and quality. Additionally,
acquisition would prevent agricultural encroachment upon wetlands
and, therefore, preserve the wildlife resources of the area.
PROJECT BASIN LAND ACQUIRED LAND NEEDED
GROUP "A" (Acres) (Acres)
Green Swamp. Project
A. Green Swamp FDA Green Swamp 45,598 12,795
8. Upper Hills. FDA Withlacoochee,
Green Swamp and
Hillsborough 6,110 8,056
C. Little Withlacoochee Green Swamp 23487 1120
TOTAL 23948S 20
2. Withlacoochee and Hillsborough
A. Corridor "A"
(Withlacoochee River) Green Swamp -0- 1,918
B. Corridor "B"1
(Withlacoochee River) Withlacoochee -0- 11,048
C. Corridor "C"
(Hillsborough River) Hillsborough -0- 2 287
TOTAL -M* 5.53
3. Anclote Water Storage Lands Coastal
Starkey Pinellas-Anclote 5,400 4,000
4. Sawgrass Lake Addition Pinellas-Anclote 342 40
5. Cypress Creek Hillsborough 3,737 7,243
6. Lower Hillsborough Project Hillsborough 14 975 160
TOTAL GROUP "A" 5,9 748,1557
T. Mac Arthur Tract Manasota -0- 30,000
2. Medard Reservoir Floodway Alafia 1,254 140
3. Jack Creek Peace -0- 864
4. Brooker Creek Riverine System
A. Corridor "A" (Hills. Co.)NW Hlillsborough -0- 420
B. Corridor "B" (Pinellas) Pinellas-Anclote -0- 595
TOTAL -9 1 T07
5. Cypress Creek/Trout Creek Hillsborough -0- 9,984
6. Manatee Reservoir Floodway Manasota 40- 2 600
TOTAL GROUP "0" B 1",254 544
1. Lithia Springs Alafia -0- 160
2. Gum Slough Withlacoochee -0- 4,416
3. Prairie Creek Peace -0- 2,752
4. Anclote River Floodway Pinellas-Anclote
and Coastal -0- 4,328
5. Squirrel Prairie Coastal -0- 1,728
6. Backwater Creek Hillsborough -0- 12,224
7. Tatum Sawgrass Manasota -0- 4 300
TOTAL GROUP "C" --^ 5,
GRAND TOTAL 100,903 123,178
FIVE-YEAR PLAN FOR ACQUISITION OF
WATER MANAGEMENT LANDS
Suwannee River Water Management District
Route 3, Box 64
Live Oak, Florida 32060
FIVE-YEAR PLAN FOR ACQUISITION OF
WATER MANAGEMENT LANDS
In 1981 the Florida Legislature established Chapter 373.590 F.S., the
the Water Management Trust Fund Act. In summary, the Bill includes the
a. A 54 increase in the documentary stamp tax.
b. The new taxes collected statewide shall become part of a
water management lands trust funds within the Department of
Environmental Regulation. Monies from the fund are to be
"allocated to the five water management districts.
c. The monies from the trust fund shall be used for acquiring fee
or other interests in lands necessary for--
conservation and protection of water resources
The fund cannot be used for acquisition of rights-of-way for
canals or pipelines. Lands acquired shall be used for general
public recreation purposes, if not inconsistent with the other
d. Acquisition costs include payments to owners and costs and fees
associated with the acquisition.
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The Suwannee River Basin in Georgia and Florida
Suwannee River Water Management District
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( e. The funding ratio is 4 to 1 (20% participation) except that the
first $2 million allocated annually is exempt from any matching
f. Unused funds shall accumulate interest within the trust fund.
g. The Suwannee River Water Management District will receive
ten percent of the Trust Fund.
h. Within the SRWMD, prior to July 15, 1982, the use of fund monies
is limited to the Suwannee River Valley. (Figure 1) After July
15, 1982, the fund may be used districtwide. (Figure 2)
i. The District must prepare and file a 5-year plan for acquisition
with the Legislature and the Secretary of Florida's Department
of Environmental Regulation by January 15, 1982. Annually, the
District will file a report of acquisitions and any changes to
( the 5-year plan.
j. Unobligated funds remaining in the Trust Fund on the repeal date
will be deposited in the General Revenue Fund. The Act is
repealed July 1, 1992.
II. DISTRICT OBJECTIVES
As authorized by Chapter 373.590, F.S. the Suwannee River Water
Management District will develop a land acquisition program related to the
supply, management, conservation, and protection of water resources. Key
objectives of the District (adopted August 16, 1979) that are related to
this acquisition program are--
a. The utilization of public funds in a responsible and efficient
b. The promotion of non-structural techniques as the primary
approach to flood control.
El c. The discouragement of development which would increase the
potential for flood damages.
d. The maintenance and enhancement of areas of natural hydrologic
e. The protection of groundwater supplies and the prevention of
f. The maintenance of water levels and flows to prevent resource
g. The protection of freshwater springs as unique hydrological
h. The promotion of natural habitats.
i. The promotion of aesthetic and scenic attributes as valid
( criteria for the evaluation and planning of water resource
III. FUNDING FOR THE ACQUISITION OF WATER MANAGEMENT LANDS
An estimated $32,000,000 will be available from the Water Management
Lands Trust Fund over the next 10 years. However, ten years is a long
projection period and the actual amount received by the District could
vary considerably in relation to economic conditions. With this caution
in mind, a projection of funds available for the five-year
planning period can be performed.
During the first five years of the acquisition program, approximately
$16,000,000 or an average of $3,200,000 per year would be
\ available. (Actual estimated income for FY 1981-82 is $1,550,000.)
Matching could increase the amount available.
$2,000,000 per year/5 years $10,000,000
20% Match Required
$1,200,000 per year/5 years 6,000,000
$ 240,000 SRWMD Match 1,200,000
Estimated 5-year total $17,200,000
The District is not required to expend land acquisition funds.
Unexpended funds will remain in the District's account and will collect
interest. At the end of the authorized life of the Trust Fund any unused
funds will be deposited in the General Revenue Fund of the State.
IV. ACQUISITION PROGRAM
The District acquisition program has four key elements--
a. The development of land acquisition criteria with accompanying
guidelines on how.they are to be applied in the land selection
process. For example, high recharge potential and
"floodproneness" may be given a very high priority.
b. The development of a data collection and analysis effort that
will identify parcels of land that best meet the acquisition
c. The development of a schedule of acquisition that is correlated
to the availability of funds and administrative constraints.
d. The expenditure of funds in an open and forthright manner.
To properly develop and integrate these four elements the District
considers it to be prudent to avoid hasty action in implementing its
acquisition program. The first year of the program will be used to
E develop the information necessary to set forth a coherent and effective
long-term plan of acquisition.
As a matter of policy the District intends to follow the letter and
spirit of the Water Management Trust Fund Act. Monies from the trust fund
will be used to initiate an active and positive acquisition program.
During the time period being used to develop a long-term acquisition plan,
the need to protect the water resources of the District through land
acquisition may arise on an emergency basis. In such an event, the
District would move to expedite the acquisition process.
Prior to July 15, 1982, any acquisition will be made within the
Suwannee River Valley. Afterwards, lands, as needed, will be purchased
anywhere within the District. Acquisition options may include fee title
purchase, purchase of easements, purchase of development rights, leases,
and acceptance of gifts of property. Eminent domain may be used to
As the District prepares and implements its acquisition program it
will maintain a high degree of flexibility in deciding which lands are to
be acquired and the level of acquisition priority. This approach will,
hopefully, allow the District to maintain a realistic negotiating
opportunity for acquisition. Furthermore, it is anticipated that the
actual fixing of priorities will vary in relation to such factors as the
availability of funds, patterns of urban development, threat to water
resources, and the orderly progress of District planning and regulatory
The language of Chapter 373.590 F.S. provides wide latitude in
determining what lands are.eligible for acquisition. The following are
examples of lands which may be appropriate for acquisition--
( a. functional management lands for--
1. water production
2. water storage
3. aquifer recharge
b. riverine (river) floodway and floodplain.
c. lacustrine (lake) floodplain
d. upland areas subject to flooding
In determining which specific lands should be acquired, the following
items may be considered--
a. -recharge and storage potential.
b. flood hazard potential.
c. protection of water quality.
d. threat of harmful development.
e. consistency with planning and regulatory objectives.
f. present condition of land.
g. potential for restoration of land.
h. overall degree of positive benefit to water resources.
i. cost of the land.
j. availability of funds.
k. the controlling interest needed to achieve the acquisition
1. administrative and management costs.
S "ST JOMNS MRIVIE
S""---'".AS"*"."... "3 -" --T POST OFFICE BOX 1429 PALATKA. FLORIDA 32077
Slaig"r'R cT 904,328-8321
January 14, 1982 ...
v" "' "' "v
Honorable Victoria J. Tschinkel r 0 ivw
Twin Towers Office Building ficcG theSecretarj.
2600 Blair Stone Rd.
Tallahassee, FL 32301 ....
Enclosed is the St. Johns River Water Management District Five-Year Land
Acquisition Plan. It was approved by the District's Governing Board at a
public hearing held in Palatka, January 13, 1982. At that time the Governing
Board authorized its filing with the Legislature and the Florida Department
of Environmental Regulation as required by Section 373.59 Florida Statutes,
Water Management Lands Trust Fund.
If you have any questions concerning it please call me at (904) 328-8321.
E. D. Vergara
cc: Honorable Allen Morris, Clerk of the House
Honorable Joe Brown, Secretary of the Senate
Senator W. D. Childers, President of the Senate
Representative Ralph H. Haben, Jr., Speaker of the House
Representative James H. Thompson, Chairman, House Natural Resource Committee
Mr. John Wehle, Special Assistant to Secretary, DER
Senator John W. Vogt, Chairman, Senate Natural Resource Committee
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ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
FIVE-YEAR LAND ACQUISITION PLAN
WATER MANAGEMENTT LANDS TRUST FUND
1. Background: The 1981 Florida Legislature enacted the "Save Our Rivers" legislation
which created S.373.59 Florida Statutes, Water Management Lands Trust Fund. This
fund receives income from the documentary stamp tax. It is administered by the
Department of Environmental Regulation (DER) for distribution to water management
districts for acquisition of interests in lands for water management, water supply,
and the conservation and protection of water resources. Each water management dis-
trict is required to file a five-year plan for land acquisition with DER and the
Legislature by January 15, 1982. Opportunity for public input on this District's
plan was provided by a public workshop in Vero Beach on October 19, 1981, two public
workshops in Palatka on November 10, 1981, and December 8, 1981, and a public hearing
in Palatka on January 13, 1982.
2. Intent: The intent of the Governing Board of the St. Johns River Water Management
District in adopting this plan is to:
A. Accomplish the goals of the District through an approved plan for acquisition
of needed water management lands.
E. Acquire these needed lands through standardized and documented procedures.
C. Insure sound legal and business practices are used for land acquisition.
( D. Provide for public input into the definition of lands and creation of acquisition
E. Provide notice of the types of lands to be acquired with trust funds and the
purposes for which they will be acquired.
3. Purpose: The District intends to acquire lands as necessary to accomplish its
A. General purpose Lands will be acquired for water management, water supply and
the conservation and protection of water resources.
B. Upper St. Johns River Basin The specific District objectives in the USJRB, to
be accomplished through the U. S. Corps of Engineers Upper St. Johns portion. of
the Central and Southern Florida Flood Control Project or any other project
addressing the same problems within that area, are the following:
1) Reduce the frequency, depth and duration of flooding of agricultural and
urban lands in the study area reaches of the St. Johns River valley to
2) Provide for optimized management and conservation of normal and near normal
wet season runoff for ecosystem maintenance, water quality maintenance,
municipal and industrial water supply, agricultural irrigation uses, recrea-
j tion, and allied benefits.
December 29, 1981
3) Prbvide for improved management and regulation of water for all uses above
during drought periods.
4) Minimize existing canal diversion of St. Johns River Basin water to tidewater
in the Indian River through use of project pump stations.
5) Improve St. Johns River valley water management through:
a. Improved hydroperiod management in St. Johns River channel, Lakes and
contiguous project marshlands.
b. Improve basin retention times to promote more optimal nutrient utiliza-
tion in project marshlands.
c. Dechannelization of existing marsh canal systems to restore sheet flow
and vegetated buffer zones for open water reaches of the basin.
d. Reduction of the incidence of destructive marsh and muck wildfires
through stage management upstream of the Fellsmere Grade and through
controlled discharge hydroperiod management downstream of the Fellsmere
e. Perpetual protection of valley ecosystem by project acquisition of approx-
imately 260,000 acres of floodplain wetlands and uplands incident thereto.
f. Improved management and equalization of available annual water budget
"by minimum daily and monthly mean stage and discharge operational and
rule standards used in conjunction with increased project wetland storage
and pump recovery of diverted basin flows.
g. Project capability to operationally receive poorer water quality runoff
from major agricultural pump stations and from project pump stations and
isolate these inflows in offline floodplain reservoir storage. This
capability prevents degradation of higher quality tributary inflows which
can be managed by project works to improve daily quality background of
6) Improved fish and wildlife values achieved through habitat acquisition and
restoration and re-creation of more historical seasonal stage fluctuations
in terms of elevation, amplitude, frequency and duration.
7) Reduction of incidence and severity of algae blooms and noxious weed infesta-
8) Improved public access and facilities for recreation.
9) Improved small boat aviation.
C. Seminole Ranch Seminole Ranch lands are being acquired for the following spec-
SDecember 29, 1981
1) Primary purposes:
a. Flood control through inundation of large surface areas resulting in
cost-effective, non-structural water storage to reduce downstream stages
and flows during storm events.
b. Water quality effects of the many miles of water channels and large
areas of fresh water marsh which can provide good quality water under
c. Water conservation by storage during the wet season for maintenance of
downstream stages and flows during the dry season.
2) Secondary purposes:
a. Public recreation
b. Preservation of archeological sites
c. Protection of wildlife habitat.
4. Definition of Lands to be Acquired:
The District Governing Board has determined that although lands within all hydrologic
*basins of the St. Johns River Water Management District may qualify as candidates for
.Save Our Rivers funds, the problems of the Upper St. Johns River Basin (USJRB) are so
critical and the funds to resolve them are so limited that opportunities to purchase
these lands should receive the highest priority. Additionally, land acquisition within
that basin appears to be the most cost-effective way to begin to treat existing prob-
lems in the entire St. Johns River system.
Therefore, lands eligible for acquisition with Water Management Lands Trust Funds are:
A. Prior to July 15, 1982, those lands designated in the "Save Our Rivers" legisla-
tion, S.373.59 Florida Statues; specifically Seminole Ranch, Latt Maxcy, and
Evans Properties in the USJRB.
B. After July 15, 1982 and prior to District receipt of the Corps of Engineers'
(COE) General Design Memorandum (GDM) for the USJRB, those lands most likely to
be required for the Plan and also needed by the District for its water management
goals if the Plan is delayed, specifically:
Those lands which are expected to be required for implementation of
the General Design Memorandum (GDM) of the Upper St. Johns Portion of
the Central and Southern Florida Flood Control Project or any other
project addressing the same problems within that area. As an administrative
guide until such lands are specifically identified in the GDM, a
majority of each parcel to be acquired should be lands which in the
December 29, 1981
absence of a levee system would be inundated during a five day, ten
year storm event. However, such lands may be presently segregated
from the river itself by a levee system.
C. After District receipt of the COE GDM, expected in Fall, 1982, the lands to be
acquired will be those required for implementation of the GDM for the USJRB
D. Other land acquisitions, not defined above, may be approved by the Board and
acquired after July 15, 1982, upon a finding that:
I) the parcel constitutes a cost-effective means of providing water management,
water supply, or conservation and protection of water resources,
2) the diversion of the funds that must be expended will not significantly
disrupt scheduled USJRB Project land acquisition,
3) the offer to sell will probably expire if not promptly accepted, and
4) the major portion of the parcel lies within the historic 10-year floodplain
of the St. Johns River, Oklawaha River, St. Marys River, or Nassau River
within District boundaries, including primary tributaries and connected
lakes'of those rivers.
5. Acquisition Procedures
"District water management lands will be acquired by use of standardized and documented
procedures contained in the District's Uniform Rule. The Uniform Rule, attached to
this plan, contains the basic land acquisition procedures agreed-upon as necessary in
a series of four meetings of representatives of all five water management districts
and DER staff. St. Johns River Water Management District concurs and will use these
standardized procedures with minimal changes as necessary for local conditions for
Trust Fund land acquisition. The Uniform Rule as modified will be adopted as a
( ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
WATER MANAGEMENT LANDS TRUST FUND
(I) The purpose of this rule is to implement the legislative intent expressed
in section 373.59, Florida Statutes, and therefore, to establish District policies L
and procedures regarding a five year plan for the selection of land, and provide
procedures for the acquisition and management of land, title to which shall vest
in the St. Johns Rive atr er Man agement District. It is also the intent of these
rules is to provide uniform acquisition procedures fn order to effectuate efficient
legal methods in accordance with sound business practices.
When used herein:
(1) "Department" means Florida Department of Environmental Regulation.
C-2) "Secretary" means the Secretary of the Florida Department of Environ-
(3) "District" m I ns the St. Johns River Water Management District, operating
under the authority of section 373, Florida Statutes.
C4) "Fund" means the Water Mana ement Lands Trust Fund.
(5) "Plan" means the five year plan as approved by the Governing Board of
the St. Johns River Water Management District.
(6) "Project" means a parcel OTr parcels o land in a discrete unit of purchase.
C7) "Survey" means a certified survey signed by a licensed land surveyor
authorized to practice surveying in the State of Florida.
(8) "Acquisition" means the reduction of the title to land to be acquired to
fee, or in the discretion of the District such other legal interest necessary
for water management, water supply and the conservation and protection of water
C. Selection of Lands Five Year Plan
(1) The District shall adopt a five year plan designating the areas of land
to be acquired which shall be filed with the legislature and the secretary by
January 15, 1982. Annually thereafter, modifications or additions to the five year
plan shall be filed-with the legislature and the secretary.
C2) Prior to the adoption, amendment or modification of the five year plan,
, the District shall hold one or more public hearings.
(3) Acquisition activity for the proceeding fiscal year shall be reported
annually to the legislature and the secretary by January 15 of each year.
D. Acquisition Procedures; Negotiations
(1) Upon determination of land requirements, descriptions and maps sufficient
to identify the lands to be acquired shall be obtained.
(2) Ownership information shall be obtained and reviewed in order to determine
the title to the land being acquired.
(3) The District shall obtain at least one written appraisal pursuant to
(4) The District shall attempt to acquire each parcel through voluntary
negotiation prior to commencement of proceedings in eminent domain.
C5) All contracts to purchase shall be reduced to writing and shall be con-
tingent upon approval by the Governing Board with the advice and concurrence of
the Basin Board whenever Basin funds will be utilized for such acquisition.
(6) The District shall attempt to negotiate the acquisition of desired parcels
in accordance with the following procedure:
(a) The District shall contact each owner or authorized representative and
make an offer to acquire based on the appraised value of the property.
(b) A "Negotiation Report" may be prepared and forwarded to Legal Counsel,
which shall summarize such negotiations, including the amount of offer made by the
District, and any counter-offer made by the property owner,
Cc) In the event an offer is accepted, the District shall:
1. Arrange for the proper execution and recording of all necessary
2. Request Legal Counsel to prepare a resolution requesting the
Governing Board to approve the necessary funds pursuant to Chapter
17-42, Florida Administrative Code.
(d) When a negotiated settlement cannot be readily attained, an authorized
officer shall send a Nemorandum to Legal Counsel which shall include:
1. A request for resolution to institute eminent domain proceedings.
2. Identification of parcels by title memorandum number.
3. Legal interest or estate considered for acquisition.
Ce) The District may accept donations of land. In such event the provisions
of this subsection shall be followed, except that appraisals may be waived upon
concurrence of both the landowner and the District.
C7) The District shall adhere to the provisions of Florida Statutes 287.055,
E. Acquisition Procedures Condemnation
Cl) Proceedings in eminent domain shall not be commenced until authorized by
the Governing Board, with the advice and consent of the Basin Board whenever Basin
funds will be utilized for such acquisition.
(2) The Governing Board may adopt a resolution authorizing the institution of
eminent domain proceedings and which shall meet the requirements of Chapter 73,
Florida Statutes and-Chapter 74, Florida Statutes, if applicable,
Cl) In order to determine the location, acreage and legal description of
land to be acquired, the District shall obtain a survey.
(21 Survey requirements may be waived in whole or in part by the District.
In the event the survey requirements are waived in whole or part, the District shall
then use the best available data in order to arrive at the boundaries and acreage of
the land to be acquired.
(3) All surveys shall meet the minimum technical standard for land surveying
in the State of Florida as adopted by the Florida State Board of Land Surveyors.
(1) All lands to .be acquired shall be appraised by at least one real estate
appraiser, except as provided in section D(6)(.e) of this rule.
C21 Prior to contracting with the District, each appraiser selected shall
submit an affidavit substantiating that such appraiser has no vested or fiduciary
interest in .the property to be appraised, except for the professional fee.
(3) After a contract between the District and the appraiser has been executed,
the District shall transmit all pertinent data to the appraiser regarding the
(4) An appraisal shall be approved by the Governing Board prior to negotiations
to a landowner, provided however, that the Executive Director may approve appraisals
for negotiations, subject to the condition that such approval be ratified by the
Governing Board at its next meeting.
H. Disclosure of Beneficial Interest
(1) In all cases where title is not neid in the name of the beneficial owner,
the requirementsof Chapter 286.23, Florida Statutes, will be met.
(1) For lands acquired by negotiation and purchase, the Governing Board shall
request the Department to release the State's share of monies from the Fund by
adopting a resolution which shall comply with Chapter 17-42, Florida Administrative
(.2) For lands acquired by eminent domain, subsequent to the adoption of a
resolution authorizing eminent domain proceedings, the Governing Board shall adopt
. a resolution pursuant to section (1) above, which in addition shall authorize the
SExecutive Director or other staff officer to request monies from the Fund as
a). A request from the District for the State's share of funds sufficient to
pay the owner the amount specified in the final judgment or the stipulation and order.
Cbl A request from the District for the State's share of funds sufficient to
pay the amount specified in the courts order or the stipulation and order for any
costs and fees ofthe owner, whether incurred in the trial court or an appeal.
Cc) A request from the District for reimbursement of all the State's share
of costs and fees incurred by the District associated with such acquisition.
C3) The District shall request the Department to release funds specified in
subsection C21 of this section within a sufficient time to allow the District to
comply with section 73.111,Florida Statutes or section 74,071, Florida Statutes,
J. Disposition of Surplus Land
Cl0 The District may sell or exchange District lands which have been acquired
with funds from the Water Management District Trust Fund or in exchange for property
which has been so acquired. District lands are considered surplus when:
Ca) They are not required for District or project purposes pursuant to section
373,5S, Florida Statutes; and
Cb. They have no possible or future utility in the land management program
of the District.
Ccl They have been declared surplus by the Governing Board,
C2). All fundsreceived from the sale of surplus lands shall be used to purchase
other lands meeting the criteria in section 373.59, Florida Statutes.