Fla. Admin. Code Ann. R. 62-819.002 - Definitions
The definitions set forth in Rule 62-818.002, F.A.C., shall apply as used in this rule chapter and are incorporated herein by reference. Additionally, the following definitions shall apply as used in this rule chapter:
(1) "Agent" means an
authorized representative assisting the Applicant, Recipient, or Trust to
negotiate and acquire real property, such as attorneys, real estate brokers,
and cooperating governmental agencies. As required under Chapter 475, F.S.,
when real estate services are performed for compensation or other valuable
consideration in connection with any acquisition, sale, lease, or exchange
under this chapter, the Agent shall have a current, valid and active Florida
real estate license.
(2) "Appraisal
Services" has the same meaning as provided in Rule
18-1.002, F.A.C.
(3) "Appraisal Report" means the written
analyses, opinions, and conclusions issued by an Approved Appraiser in
connection with the Acquisition of any interest in real property under this
rule chapter or Chapter 62-818, F.A.C.
(4) "Approved Appraisal" has the same meaning
as provided in Rule 18-1.002, F.A.C.
(5) "Approved Appraiser" means an Appraiser
who has the necessary background, qualifications and experience to appraise the
interest in real estate being acquired under this chapter and whose name is on
the current list of approved appraisers on file with the Division of State
Lands, Department of Environmental Protection.
(6) "Approved Survey" means a Certified
Survey that has been reviewed and approved by the Trust.
(7) "Certified Survey" means a survey, as
further defined in Rule
62-819.006, F.A.C., that is
certified, signed and sealed by a registered land surveyor authorized to
practice surveying in the State pursuant to Chapter 472, F.S.
(8) "Confidential" refers to information that
shall not be available for public disclosure or inspection and is exempt from
the provisions of Section
119.07, F.S.
(9) "Hazardous Materials Contamination" means
radon, PCBs, oil or other petroleum based products, chemicals, any noxious,
hazardous, offensive, explosive or toxic substances or waste, or any hazardous
materials or toxic substances as such terms are defined in the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. §
9601 et seq. (CERCLA), the Hazardous Materials Transportation Act,
49 U.S.C. §1801 et seq. (HMTA), the Resource Conservation and Recovery Act
of 1976, 42 U.S.C. §
5101 et seq. (RCRA), and the regulations adopted
pursuant thereto.
(10) "Market
Value" has the same meaning as provided in Rule
18-1.002, F.A.C.
(11) "Minimum Technical Standards" means the
Minimum Technical Standards for Surveyors as set forth by the Florida Board of
Professional Surveyors and Mappers pursuant to Chapter 472, F.S., and Chapter
61G17-6, F.A.C.
(12) "Option
Agreement" or "Option Contract" means a proposed written agreement between the
Recipient and the Trust to purchase all or a portion of the property lying
within the Project Site, subject to the approval of the Recipient's governing
body and the Trust after appropriate notice and hearing (as may be
required).
(13) "Owner(s)" or
"Seller(s)" means the fee simple title owner(s) of the Project Site.
(14) "Purchase Agreement" means the various
types of written contracts to purchase real property, including purchase
agreements, Option Agreements, exchange agreements and other forms of such
agreements, that become binding on all parties to the contract at the time the
Purchase Agreement is duly executed.
(15) "Safe Upland Line" means a line at or
above the mean or ordinary high water line used to calculate the acreage of a
parcel of land.
(16) "Title
Insurance Commitment" means a written agreement issued by a Florida licensed
title insurer agreeing to issue to the Recipient, the Trust, or the Board of
Trustees, individually or as co-insureds, upon the recording of the deed, an
owner's policy of title insurance in the amount of the Project Site's purchase
price insuring marketability of title to the Project Site, subject only to
liens, encumbrances, exceptions or qualifications that are acceptable to the
Trust and the Recipient, and those which will be discharged by the Owner(s) at
closing.
(17) "Uniform Standards of
Professional Appraisal Practice" ("USPAP") has the same meaning as provided in
Rule 18-1.002,
F.A.C.
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