Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-819 - FLORIDA FOREVER PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-819.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
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.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 5-27-01, Amended 5-20-02, 2-19-07, Formerly
					  9K-8.002, Amended
					 6-9-13.