The South Florida Water Management District will consider an overhaul of its land-leasing policies, but does not plan to rework pending leases that might violate those rules.
Under fire for extending leases without public notice or competitive bids, the district is weighing new regulations that would align its policies with Florida Statute 373.093.
Among the proposed changes:
- Require public notice on all renewals.
- Open renewals to competitive bids.
- Limit renewal periods to no more than 10 years.
But district officials balked at pleas to apply the changes retroactively to 10 land leases approved by the board last month. None of those extensions were publicly noticed or competitively bid.
In at least one case -- the lease extension on 4,701 acres to the Old River Cattle Co. -- the term exceeded the 10-year cap.
Though district staff said the lease documents had not been executed, and their expirations were still more than four months away, officials warned that reopening negotiations would be going down a legal "slippery slope."
Meantime, the Governing Board on Thursday was told that several other policy tweaks are in the works. Among them: evaluating all leased lands for potential "surplus" (sale) prior to the expiration of their terms, and allowing existing lessees the right to match high bids.
Patricia Pearce, a rancher whose Glades County property is near the Old River Cattle tracts, urged the board to "bring all leases into compliance."
"Examine all contracts to make sure they've been made available to everyone. Bring it into the sunshine and follow the law," she said.
Board member Glenn Waldman shared Pearce's concerns, but, as an attorney, added, "There are legal ramifications" to revisiting signed leases.
Bob Brown, SFWMD's assistant executive director, assured the board that the district would not consider renewing any more leases while the policy revisions are pending.
Even amid the changes, agency officials have maintained that their lease-extension policies were in compliance with all applicable laws.
While the district works through its self-imposed bureaucratic limbo, disgruntled ranchers allege favoritism and "sweetheart deals" by the agency. They contend that corners have been cut and rules have been bent to keep some lessees in "good standing."
Pearce's husband, Mark Pearce, noted, for example, that the district repaired exterior fencing on leased property, even though SFWMD regulations stipulate that lessees are responsible for such maintenance.
Going forward, Mark Pearce, a part-time auctioneer, would like to see open auctions for all leased lands, as well as strict application of the "land manager" criteria for bidders.
"Make it transparent, do it all in the open and the district will get the most money," he said.
Rick Hartman, a real-estate agent who negotiated the Old River Cattle lease and is listed as a manager with the company, said he had no objection to a bidding process, but argued that the quality of a tenant cannot be determined solely by money.
"The highest dollar should not be your goal," Hartman told the board.
Old River Cattle Co.'s current annual lease with the district is $55,381 -- or $11.78 per acre.
In all, SFWMD leases out 129,000 acres for $4.3 million in annual rents.
Other landholders caution that bidding may be problematic on tracts with limited access.
They point to instances where a privately owned parcel surrounds a leased tract. This requires landowners to grant access to their private property for ingress and egress -- a requirement that can diminish the value of one or both properties.
Contact Kenric Ward at kward@sunshinestatenews.com or at (772) 802-5341.
