Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-821 - STAN MAYFIELD WORKING WATERFRONTS PROGRAM, LAND ACQUISITION PROCEDURES › Section 62-821.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The definitions set forth in Rule
				   62-820.002, 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) "Appraisal Services" has
				the same meaning as provided in Rule
				 18-1.002, F.A.C.
(2) "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 62-820, F.A.C.
(3) "Approved Appraisal" has the same meaning
				as provided in Rule 18-1.002, F.A.C.
(4) "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.
(5) "Approved Survey" means a Certified
				Survey that has been reviewed and approved by the Trust.
(6) "Certified Survey" means a survey that is
				certified, signed and sealed by a registered land surveyor authorized to
				practice surveying in the State pursuant to Chapter 472, F.S.
(7) "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.
(8) "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. §
										5102  et seq. (HMTA), the Resource Conservation and Recovery Act
				of 1976,  42 U.S.C. §
										6903  et seq. (RCRA), and the regulations adopted
				pursuant thereto.
(9) "Market
				Value" has the same meaning as provided in Rule
				 18-1.002, F.A.C.
(10) "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.
(11) "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).
(12) "Owner(s)" or "Seller(s)" means the fee
				simple title owner(s) of the Project Site.
(13) "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.
(14) "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.
(15) "Uniform Standards of
				Professional Appraisal Practice" has the same meaning as provided in Rule
				 18-1.002,
				F.A.C.
Rulemaking Authority
					 380.507(11),
					 380.5105(2) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 11-25-08, Formerly
					  9K-10.002, Amended
					 6-9-13.