Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-2 - MANAGEMENT OF UPLANDS VESTED IN THE BOARD OF TRUSTEES › Section 18-2.017 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
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.