Fla. Admin. Code Ann. R. 62-815.002 - Definitions
(1) "Acquisition" means the act of obtaining
real property or interests and rights therein by various legal means.
(2) "Acquisition Plan" applies to Project
Sites with multiple parcels or multiple owners and means a written description
of the priority parcels and the general order in which the parcels will be
acquired to assure that, in the event that all parcels cannot be acquired, the
purposes of the project can be achieved.
(3) "Applicant" means an entity eligible
pursuant to this rule chapter to submit an application for Preservation 2000
funds through the Florida Communities Trust.
(4) "Application" means a formal request by
an applicant on an approved form for Preservation 2000 funds from the Florida
Communities Trust, consisting of a project proposal with required documentation
submitted pursuant to this rule chapter.
(5) "Award" means a loan, grant or matching
grant from the Trust authorized pursuant to the procedures developed in this
rule chapter.
(6) "Coastal
Management Element" means that portion of a local comprehensive plan prepared
pursuant to Section 163.3177(6)(g),
F.S., and Rule 9J-5.012, F.A.C.
(7) "Conservation Element" means that portion
of a local comprehensive plan prepared pursuant to Section
163.3177(6)(d),
F.S., and Rule 9J-5.013, F.A.C.
(8) "Department" means the Florida Department
of Environmental Protection.
(9)
"Donation" means a voluntary transfer of title and possession of cash or real
property to another without any consideration; the conveyance of land by the
landowner at a purchase price below its market value can be considered a
donation of a portion of the purchase price only when the landowner expresses
the intent, in advance of purchase and sale negotiations, to make a bargain
sale, with no conditions placed on the bargain sale or donation.
(10) "Future Land Use Element" means that
portion of a local comprehensive plan prepared pursuant to Section
163.3177(6)(a),
F.S., and Rule 9J-5.006, F.A.C.
(11) "Future Land Use Map" means a map or map
series included within the future land use element of a local comprehensive
plan that meets the requirements of subsection
9J-5.006(4),
F.A.C.
(12) "Governing Body" means
that four-member entity described in Sections
380.504 and
380.505, F.S.; the powers of the
Trust are vested in its governing body members, pursuant to Section
380.505, F.S.
(13) "Grant" means an award of funds made for
the benefit of an applicant and used to acquire real property.
(14) "Greenway" means a linear open space
protected and managed as part of linked conservation lands or recreation
opportunities. Greenways typically follow natural landscape features such as
rivers, streams, shorelines, man-made corridors such as utility and abandoned
railroad right-of-ways, and scenic roadways. Greenways may protect the habitat
of native plants and wildlife, maintain wildlife movement routes and natural
connections, or provide opportunities for outdoor recreation.
(15) "Habitat" means a natural community or
communities composed of physical and biological elements that typically support
populations of plants and animals.
(16) "High Aquifer Recharge Area" means
generally within, but not limited to, high recharge areas that are afforded a
higher level of protection due to contributions to present and future ground
water including the protection and maintenance of natural systems and public
water supply.
(17) "Listed Species"
means animal species listed as endangered, threatened or of special concern by
the Fish and Wildlife Conservation Commission in Rules
68A-27.003, .004, and .005,
F.A.C.; plant species listed as endangered or threatened in Sections
581.185(5)(a)-(b),
F.S.; or any plant or animal species identified or designated in the
comprehensive plan or ordinance by the local government as being of local
concern and warranting special protection.
(18) "Local Comprehensive Plan" as defined in
Section 380.503(4),
F.S., means a plan that meets the requirements of Sections
163.3177,
163.3178, and
163.3191, F.S., and has been
found to be in compliance in accordance with Section
163.3184, F.S.
(19) "Local Government" means counties and
municipalities of the State of Florida.
(20) "Local Match" means the provision of
cash, project costs unfunded by the Trust, value of real property donated by a
party or parties other than the applicant, or real property owned by the
applicant, provided the match is from an eligible source as set forth in
subsection 62-815.0031(9),
F.A.C., and added to Florida Communities Trust award by the applicant for the
project cost.
(21) "Matching Grant"
means an award made for the benefit of an applicant based upon an applicant's
commitment to provide the remainder of the total Project Cost.
(22) "Native Vegetative Community" means a
natural community that is dominated by native plant species and is structured
as a natural community type described in the Florida Natural Areas Inventory
publication, "Guide to the Natural Communities of Florida". A native vegetative
community generally possesses the following characteristics: the plant species
composition includes most of the more common species typical of that natural
community type; the community may contain small areas of exotic or invasive
plants that could be easily controlled by prescribed burning or other forms of
management; evidence of historical disturbance may be present but disturbance
has not destroyed or prevented the re-establishment of a mature natural
community type; and, the community is not substantially disturbed by recent
human activities, except for such disturbance as low intensity forestry
activities that allow the natural community to recover to previous
conditions.
(23) "Outdoor
Recreation" means the pursuit of leisure-time activities that occur in an
outdoor setting and that are dependent on some particular element or
combination of elements in the natural environment. These activities include,
but are not limited to, saltwater beach and shoreline activities, bicycle
riding, boating, camping, fishing, hiking, horseback riding, hunting, nature
study, picnicking, freshwater swimming, and visiting archaeological and
historical sites.
(24) "Partnership
Application" means a joint application for an award submitted to the Trust by
two or more eligible applicants.
(25) "Population, " when used in this rule
chapter, shall be based upon the most recent edition of Florida Estimates of
Population as published annually by the Population Division, Bureau of Economic
and Business Research, University of Florida.
(26) "Preacquired" means the Project Site or
a portion of the Project Site has been acquired by the applicant through a
voluntarily-negotiated transaction within one year prior to the application
deadline or will be acquired by the applicant within 180 days after the
application deadline. The use of condemnation or the threat of condemnation is
not considered a voluntarily-negotiated transaction.
(27) "Preservation 2000 Funds" means proceeds
from the Preservation 2000 Trust Fund created by Section
375.045, F.S., distributed to
the Department of Environmental Protection pursuant to Section
259.101(3)(c),
F.S., for the purpose of providing land acquisition awards through the Florida
Communities Trust Preservation 2000 Program.
(28) "Project" means any work on, improvement
to, or acquisition of real property, buildings, or any other
property.
(29) "Project Area" means
those lands and waters within and adjacent to the applicant's jurisdiction that
may affect the project site.
(30)
"Project Cost" means the total of acquisition costs and may include the cost of
the following items prepared consistent with Rule Chapter 62-817, F.A.C.:
purchase price for acquisition of all or a portion of the Project Site;
certified survey and/or appraisal map containing an adequate legal description
of the property; fee for any assessment or examination essential and necessary
to determine project site boundary, if any; appraisal report(s); and appraisal
review; evidence of marketable title; cost of title report and title insurance
premium; reasonable real estate fees or other eligible fees or commissions paid
by the applicant for acquisition services provided to and for the benefit of
the applicant, if any; and costs of environmental site assessment.
(31) "Project Plan" means a collection of
items that when taken together provide a detailed description of a proposed
project that has received conceptual approval for an award from the Trust; a
project plan shall be prepared pursuant to the requirements of Rule
62-815.011, F.A.C.
(32) "Project Site" means the specific
area(s), defined by a boundary map and/or legal description and certified
survey, where Trust funds and local match are proposed in an application to be
used for acquisition. Project site may include non-contiguous areas, so long as
connectivity through other public ownership, excluding road right-of-way unless
parcels are directly across a road from each other, is demonstrated.
(33) "Real Property" means any interest in
land and may also include any appurtenances and improvements to the
land.
(34) "Recreation and Open
Space Element" means that portion of a local comprehensive plan prepared
pursuant to Section 163.3177(6)(e),
F.S., and the general requirements of Rule
9J-5.005, F.A.C.
(35) "Trust" means the Florida Communities
Trust, a nonregulatory agency and instrumentality, which is a public body
corporate and politic, created within the Department of Environmental
Protection pursuant to Chapter 380, Part III, F.S., or the governing body of
the Florida Communities Trust.
(36)
"Urban Area" as defined in subsection
9J-5.003 (139), F.A.C., means an
area of or for development characterized by social, economic and institutional
activities which are predominantly based on the manufacture, production,
distribution, or provision of goods and services in a setting which typically
includes residential and nonresidential development uses.
(37) "Urban Greenways and Open Space Project"
means action taken to acquire lands or interest in lands to create a linear
open space protected and managed as part of linked conservation lands or
recreational opportunities in an urban area, or to preserve open space or
historic sites to enhance recreational and cultural opportunities in an urban
area.
(38) "Urban Area" means an
area of or for development characterized by social, economic and institutional
activities which are predominantly based on the manufacture, production,
distribution, or provision of goods and services in a setting which typically
includes residential and nonresidential development uses.
(39) "Urban Open Space" means located within
a built-up urban area and will be managed as an open area either in its natural
state, landscaped or developed for minimal passive use.
(40) "Urban Service Area" as defined in
Section 163.3166(29),
F.S., means built-up areas where public facilities and services such as sewage
treatment systems, roads, schools, and recreation areas, are already in place.
For the purpose of this rule, it may also include other similar designations
that have been formally adopted by a local government on its Future Land Use
Map, or it may be an area that is currently provided services such as those
listed above.
(41)
"Voluntarily-Negotiated Transaction" means an arms length market value
transaction between a willing seller and a willing buyer. The use of
condemnation or the threat of condemnation is not considered a
voluntarily-negotiated transaction.
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