Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62D - Division of Recreation and Parks › Chapter 62D-5 - FINANCIAL ASSISTANCE FOR OUTDOOR RECREATION › Section 62D-5.069 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The basic terms utilized in this part are defined as
				  follows.
(1) "Acquisition" means the
				act of obtaining real property or interests and rights therein by various legal
				means to serve public outdoor recreation purposes.
(2) "Applicant" means a local governmental
				entity which submits an application for Land and Water Conservation Fund (LWCF)
				funds to the Department during an announced application submission
				period.
(3) "Application" means a
				formal request for LWCF funds by an applicant consisting of a project proposal
				with required documentation.
(4)
				"Application Submission Period" means the period of time announced by the
				Department in the Florida Administrative Register for the submission of LWCF
				applications by local governmental entities for a single funding
				cycle.
(5) "Cash" means money paid
				by a grantee to purchase goods and services from private and independent
				sources for accomplishment of an approved LWCF project. In-kind service costs
				are not defined as cash.
(6)
				"Department" means the Florida Department of Environmental
				Protection.
(7) "Development" means
				the act of physically improving an area, facility, resource, or site to
				increase its ability or capacity to serve public outdoor recreation
				purposes.
(8) "Division" means the
				Division of Recreation and Parks of the Department.
(9) "Division of State Lands" means the
				Division of State Lands of the Department.
(10) "Evaluation Criteria" means the
				standards used by the Department to evaluate LWCF applications.
(11) "Facilities" means capital improvement
				projects which provide or assist in providing outdoor recreation
				opportunities.
(12) "Fiscal Year"
				means the State of Florida fiscal year, July 1 - June 30.
(13) "FRDAP" means the Florida Recreation
				Development Assistance Program administered pursuant to Chapter 62D-5, Part V,
				F.A.C.
(14) "Funding Cycle" means
				the interval of time between the opening of an LWCF application submission
				period and grant award by the National Park Service (NPS).
(15) "Grant" means program funds authorized
				by NPS for release to the State, and by the Secretary of the Department for
				release to a grantee, for implementation of an approved program
				project.
(16) "Grantee" means a
				local governmental entity receiving LWCF funds pursuant to an approved LWCF
				application.
(17) "In-Kind Service
				Costs" means in-house expenses incurred by a grantee for labor and materials
				and grantee-owned and maintained equipment for accomplishment of an approved
				LWCF project.
(18) "Land Value"
				means the current appraised value of donated land used by a grantee to match
				LWCF funds.
(19) "Linear Park"
				means an active or passive outdoor area of linear design that provides or
				connects recreation, park land, or open space areas.
(20) "Local Comprehensive Plan" means a plan
				adopted pursuant to Chapter 163, F.S.
(21) "LWCF" means the Land and Water
				Conservation Fund Program.
(22)
				"Manual" means the Land and Water Conservation Fund Program Grants Manual
				published by the National Park Service of the United States Department of the
				Interior, available from the Department, Bureau of Design and Recreation
				Services, 3900 Commonwealth Boulevard, Mail Station 585, Tallahassee, Florida
				32399-3000, (850)488-7896.
(23)
				"Match" means the provision of cash, in-kind services and value of donated real
				property in the ratio required to be added to LWCF funds by the grantee for the
				project cost.
(24) "Needs" means a
				deficiency in or a necessity to carry out a predetermined level of
				service.
(25) "New Construction"
				means building new facilities.
(26)
				"NPS" means the National Park Service of the United States Department of the
				Interior.
(27) "Open Space" means
				an outdoor area whose purpose is to provide a source of recreation and
				contributes to environmental harmony through the enrichment of flora, fauna and
				geological features.
(28) "Outdoor
				Recreation" means the pursuit of leisure activities in an outdoor
				environment.
(29) "Part" means Part
				VII of Chapter 62D-5, F.A.C.
(30)
				"Plan" means the currently effective state comprehensive outdoor recreation
				plan ("SCORP") for the State of Florida, dated March 1994 and available from
				the Office of Park Planning, Division of Recreation and Parks, 3900
				Commonwealth Boulevard, Mail Station #525, Tallahassee, Florida 32399-3000,
				(850)245-3051.
(31) "Preagreement
				Expenses" means expenses incurred by the grantee, with Department approval, for
				accomplishment of an eligible LWCF project prior to execution of a project
				agreement.
(32) "Program" means the
				Land and Water Conservation Fund Program.
(33) "Program Amount" means the amount of
				LWCF funds available during any funding cycle.
(34) "Project" means a planned undertaking in
				which all actions or activities have a clear-cut identity and a well-defined
				common outdoor recreation objective and which has been planned to the point of
				definite implementation.
(35)
				"Project Agreement" means an executed contract between the Department and a
				grantee setting forth mutual obligations regarding an approved LWCF
				project.
(36) "Project Completion
				Date" means the date specified in a project agreement by which the grantee
				shall complete an approved LWCF project and incur all grant and match-related
				expenses. The project is not complete until it is open to the public for
				use.
(37) "Project Cost" means the
				total of the LWCF grant award and required match.
(38) "Project Element" means an identified
				segment of a project with related facilities or improvements.
(39) "Project Period" means the period of
				time set forth in a project agreement during which eligible project costs may
				be incurred and charged to the grant.
(40) "Project Site" means the specific area,
				defined by a survey or project boundary map and legal description, where LWCF
				funds are used for an approved project.
(41) "Real Property" means land and
				improvements attached to or affixed to the land.
(42) "Renovation/Repair" means the
				restoration of a facility or project area that has deteriorated due to natural
				causes to the point where its usefulness is impaired to an improved state
				suitable for public use. This does not include restoration of a facility which
				has deteriorated due to inadequate maintenance during its reasonable
				lifetime.
(43) "RTP" means
				Recreational Trails Program administered by the Office of Greenways and Trails
				of the Department pursuant to Chapter 62S-2, F.A.C.
(44) "Secretary" means the Secretary of
				Department.
(45) "Staff" means
				Division staff of Department.
(46)
				"State" means the State of Florida.
(47) "Waiver of Retroactivity" means written
				Department authorization that an acquisition project may be commenced by an
				applicant prior to NPS approval of a program application. Such authorization
				does not constitute or imply Department or NPS approval of a future LWCF
				application.
Rulemaking Authority
					 258.007 FS. Law Implemented
					 258.004,
					 258.007,
					 375.021(4)
					 FS.
New 7-15-01.