Fla. Admin. Code Ann. R. 18-2.017 - Definitions

When used in this rule chapter, the following shall mean:

(1) "Activity" means any use of uplands which requires Trustees' approval under Sections 253.03(1) and 253.77, F.S., such as a letter of authorization, lease, use agreement, easement, disposal, exchange, or transfer of any interest, including sub-surface, in uplands.

(2) "Agency" means any governmental entity including the United States of America.

(3) "Applicant" means any person making application for any activity involving uplands.

(4) "Appraisal services" has the same meaning as provided in Rule 18-1.002, F.A.C.

(5) "Assignment" means a transfer of one's use, right or interest from one person to another person.

(6) "Authorization" means the permission granted by the Board of Trustees for a person to construct a facility or to carry out an activity on uplands.

(7) "Beach" means the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation (usually the effective limit of storm waves). Unless otherwise specified, the seaward limit of a beach is the mean low water line. "Beach" is alternatively termed the shore.

(8) "Best management practices" means methods, measures or practices that are developed, selected, or approved by agencies to protect, enhance and preserve natural resources. They include, but are not limited to, engineering, conservation, and management practices for mining, agriculture, silviculture, and other land uses, that are designed to conserve the soil and associated nutrients while simultaneously controlling nonpoint pollution to provide good overall upland management.

(9) "Board" means the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida or its designated agents.

(10) "Bonus" means a one time payment offered by competitive bid on which the award of an oil or gas lease is based.

(11) "Conservation lands" means lands titled in the name of the board that are currently managed for conservation, outdoor resource-based recreation, or archaeological or historic preservation. All lands acquired by the state prior to July 1, 1999, using proceeds from a land acquisition program to protect natural, cultural or resource-based recreational resources, which lands are within original project boundaries or identified as core parcels, shall be deemed to have been acquired for conservation purposes. For any lands purchased by the state on or after July 1, 1999, a determination has been or shall be made by the board prior to acquisition as to those parcels that shall be designated as having been acquired for conservation purposes. Lands associated with correction and detention facilities, military installations and state university system that possess significant natural or historical resources and that are specifically managed for conservation, outdoor resource-based recreation, or archaeological or historic preservation also shall be deemed to be conservation lands.

(12) "Consideration" means something of value given in exchange as part of a legal agreement.

(13) "Cooperative management" means single or multiple use management by more than one agency so that each utilizes its particular expertise in order to achieve a particular management goal.

(14) "Council" means the Acquisition and Restoration Council as defined in Section 259.035, F.S.

(15) "Department" means the State of Florida Department of Environmental Protection.

(16) "Development of Regional Impact (DRI)" means any development which, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county.

(17) "Division" means the Division of State Lands of the Department of Environmental Protection.

(18) "Dry hole" means a dry well which has been plugged and abandoned without ever having produced hydrocarbons in commercial quantities.

(19) "Easement" means a nonpossessory interest in uplands created by a grant or agreement, which confers upon the applicant the limited right, liberty and privilege to use uplands for a specific purpose, term and fee.

(20) "Everglades Agricultural Area" means that area which is described on the map entitled "Everglades Agricultural Area, " filed in the office of the Secretary of State as Exhibit A to this rule and made an integral part hereof.

(21) "Factual or physical exploration results" means all data and information gathered as the result of any and all operations conducted under a geophysical testing use agreement.

(22) "Geophysical testing" means the use of gravity, seismic and similar geophysical techniques to obtain information and data on oil, gas or other resources.

(23) "Historic resources" is as defined in Section 267.021, F.S.

(24) "Land acquisition program" means a state program established to acquire land or interests therein for a particular purpose; for example to protect natural, cultural or resource-based recreational resources, such as: Conservation and Recreation Lands, as specified in Section 259.032, F.S.; Environmentally Endangered Lands as established under the Land Conservation Act of 1972; Florida Forever, as specified in Section 259.105, F.S.; Florida Preservation 2000, as specified in Section 259.101, F.S.; Land Acquisition Trust Fund, as specified in Chapter 375, F.S.; Land and Water Conservation Fund as established under the federal Land and Water Conservation Act of 1965; Outdoor Recreation Lands as established under the Outdoor Recreation and Conservation Act of 1963; or Save Our Coast as established by the Governor and Cabinet by official agency action on November 3, 1981.

(25) "Lease" means an interest in lands designated by a contract creating a landlord-tenant relationship between the Board as landlord and the applicant as tenant whereby the Board grants and transfers to the agency the exclusive use, possession, and control of certain specified lands, for a determinate number of years, with conditions attached. On those properties which considerable capital improvements are to be made, the term of a lease shall be limited to the expected amortization or life cycle of the improvements.

(26) "Letters of authorization" means a nonpossessory form of authorization that allows the applicant the right to erect specific structures or conduct specific activities on uplands.

(27) "Management agreement" means the legal instrument by which the management purpose(s) of a property and the responsibilities of each managing party are delineated in a cooperative management situation. It is a contractual agreement between the Board and one or more agencies which does not create an interest in real property but merely authorizes conduct of certain management activities on lands owned by the Board.

(28) "Market value" has the same meaning as provided in Rule 18-1.002, F.A.C.

(29) "Mitigation" means an action or series of actions which would offset adverse impacts of a proposed activity involving uplands.

(30) "Multiple use" means management for two or more primary purposes in order to insure that the greatest possible combination of public benefits are derived from the use of State lands. These uses may include, but are not limited to management for: timber, wildlife habitat, forage, open space, recreation, public facilities, archaeological and historic sites, or water resources. Individual resources in multiple use management areas may be managed at less than full potential in order to provide the most beneficial combination of uses.

(31) "Net positive benefit" means any effective action or transaction which promotes the overall purposes for which the land was acquired. It is compensation over and above the required payment of market value for or replacement of the affected parcel to offset any requested use or activity which would preclude or affect, in whole or in part, current or future uses of natural resource lands that are managed primarily for the conservation and protection of natural, historical or recreational resources. Net positive benefit shall not be solely monetary compensation, but shall include mitigation and other consideration related to environmental, historical of recreational benefits, as applicable, to the affected management unit.

(32) "Nonconservation lands" means lands acquired for uses other than conservation, outdoor resource-based recreation, or archaeological or historic preservation; such as correction and detention facilities, military installations and facilities, state office buildings, maintenance yards, state university or state community college campuses, agricultural field stations or offices, tower sites, law enforcement and license facilities, laboratories, hospitals, clinics, and other sites that possess no significant natural or historical resources, and lands that were acquired solely to facilitate the acquisition of other conservation lands as identified by the board when it approved the acquisition.

(33) "Person" means any individual, corporation, partnership, firm, association, joint venture, estate, trust, business trust, syndicate, fiduciary, commission, county, municipality or political subdivision of a state, any interstate body, the federal government, or any subdivision thereof and all other groups or combinations, whether public or private.

(34) "Plan" means a document as required by Section 253.034, F.S.

(a) "Business Plan" means a plan submitted by a state agency, state university, or Florida College System institution to the Board regarding the intended use of a building or parcel of land before approval of a lease, as required by Section 253.034(13), F.S.

(b) "Land Use Plan" means a plan submitted by a manager of nonconservation lands to the Division as required by Section 253.034, F.S.

(c) "Management Plan" means a plan submitted by a manager of conservation lands to the Division as required by Section 253.034(5), F.S.

(35) "Policies" means guidelines for the decision-making process whereby programs, services and actions of the State are implemented, consistent with existing law.

(36) "Private" means affecting or belonging to private individuals, as distinguished from the public in general and not belonging to the public sector or a unit of government.

(37) "Processed records" means data collected under the term of a use agreement for geophysical testing. Processing involves changing the form of data so as to facilitate interpretation. Processing operations may include, but are not limited to, applying corrections for known perturbing causes, rearranging or filtering data, and combining or transforming data elements. Processing shall not include the interpretation of any data collection.

(38) "Producing" means the yielding of product including oil, gas, minerals, crops and livestock from Trustees owned uplands.

(39) "Property" means land and permanent improvements that are located there on and affixed thereto.

(40) "Public interest" means demonstrable environmental, social, historical and economic benefits which would accrue to the public in general as a result of a proposed activity and which would clearly exceed all demonstrable environmental, social, historical and economic costs of the proposed activity.

(41) "Release" means the relinquishment, concession or giving up of a right, claim or privilege by the party for whom it exists or to whom it accrues.

(42) "Royalty" means the percentage of the value of a natural resource paid to the owner of the resource by those extracting and selling it.

(43) "Single use" means management for one primary purpose. Single use properties may be managed for compatible secondary uses as long as those uses do not interfere or detract from the designated primary purpose. Single use properties will most often be managed by a single agency but may be placed under cooperative management if the expertise of two or more agencies is required to carry out the primary purpose.

(44) "State agency" means each department created pursuant to Chapter 20, F.S.

(45) "State lands" as used in this rule means land to which the title is vested in the Board.

(46) "State Lands Management Plan" means the Conceptual State Lands Management Plan adopted by the Board on March 17, 1981 and as amended by the Board on July 7, 1981 and March 15, 1983.

(47) "Sublease" means a lesser than leasehold interest in lands executed by the lessee to a third party for a definite time period with specific conditions attached.

(48) "Surplus lands" means lands which are not needed by any State agency, and are recommended for disposal, pursuant to Rule 18-2.021, F.A.C.

(49) "Supplemental Standards" has the same meaning as provided in Rule 18-1.002, F.A.C.

(50) "Trustees" means the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida or its designated agents.

(51) "Uplands" means those lands above the mean high water line or ordinary high water line title to which is vested in the Trustees.

(52) "Use agreement" means a grant or agreement which confers upon the applicant a nonexclusive and limited right, liberty and privilege to use uplands for a specific purpose and for a specific time and does not create a title interest in real property.

(53) "Water conservation areas" means those areas which are described on the map entitled "Conservation Areas, " attached as Exhibit C to this rule and made an integral part thereof.

Notes

Fla. Admin. Code Ann. R. 18-2.017

Rulemaking Authority 253.03, 253.034, 259.035 FS. Law Implemented 253.03, 253.034, 259.035, 259.101, 259.105, 267.021 FS.

New 6-4-96, Amended 5-15-08, 5-29-08, Amended by Florida Register Volume 42, Number 031, February 16, 2016 effective 3/2/2016.

New 6-4-96, Amended 5-15-08, 5-29-08, 3-2-16.