Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-820 - STAN MAYFIELD WORKING WATERFRONTS PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-820.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Acquisition" means the act of obtaining
				real property or interests and rights therein through a voluntarily-negotiated
				transaction and through appropriate legal means in furtherance of The Florida
				Forever Act and this rule chapter.
(2) "Applicant" means an eligible Local
				Government or Nonprofit Working Waterfronts Organization or a partnership
				between a Local Government and Nonprofit Working Waterfronts Organization,
				which submits an Application for Florida Forever funds through the Trust. An
				Applicant that has been approved for funding by the Trust and has executed a
				Grant Contract with the Trust shall also be referred to as a
				Recipient.
(3) "Application" means
				a formal request by an Applicant on an approved form for Florida Forever Funds
				from the Trust, and consisting of a project proposal together with required
				documentation submitted pursuant to this rule chapter.
(4) "Award" means a grant from the Trust
				pursuant to the procedures developed in this rule chapter.
(5) "Business Summary" means information that
				describes an organization's status and future goals. It generally projects the
				vision and future opportunities for the organization and outlines the
				operations, expected needs, finances and organizational strategies that will
				enable the organization to achieve its goals. The information required for a
				Business Summary is specified in Form SMWW-2 (eff. 5-16-10).
(6) "Board of Trustees" means the Governor
				and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust
				Fund of the State of Florida.
(7)
				"Declaration of Restrictive Covenants" means a recordable document that states
				all conditions to be placed on the Project Site upon its conveyance to the
				Recipient using Trust Funds. This document contains the obligations, rights and
				responsibilities of each party, the actions that are prohibited on the
				property, and enforcement provisions.
(8) "Department" means the Florida Department
				of Environmental Protection.
(9)
				"Donation" means a voluntary transfer of cash or title to real property without
				consideration; the conveyance of land by the owner at a purchase price below
				its market value can be considered a donation of a portion of the purchase
				price only when the owner expresses the intent, in advance of purchase and sale
				negotiations, to make a bargain sale, with no conditions placed on the bargain
				sale or donation.
(10) "Florida
				Forever Funds" means proceeds from the Florida Forever Trust Fund created by
				Section  259.1051, F.S., and distributed
				to the Department of Environmental Protection pursuant to Sections
				 259.105(3)(j) 
				and  380.5105, F.S., for the purpose
				of providing Acquisition Awards through the Florida Communities Trust Florida
				Forever Stan Mayfield Working Waterfronts Program.
(11) "Grant Contract" means a written
				contract between the Trust and the Recipient setting forth the requirements and
				responsibilities for Acquisition and management of the Project Site.
(12) "Governing Board" means the six-member
				governing body of the Trust as described in Sections
				 380.504 and
				 380.505, F.S.; the powers of the
				Trust are vested in its Governing Board members, pursuant to Section
				 380.505, F.S.
(13) "Local Government" means a county or a
				municipality within the State of Florida.
(14) "Management Plan" means a plan prepared
				by the Recipient under this rule chapter and approved by the Trust regarding
				the long-term care and management of the Project Site.
(15) "Match" means cash, eligible Project
				Costs, or the value of real property, pledged by a party(ies).
(16) "Nonprofit Working Waterfront
				Organization" means a private Nonprofit Working Waterfront Organization,
				existing under the provisions of Section 501(c) of the United States Internal
				Revenue Code that can demonstrate that the support of Working Waterfronts as
				defined in Sections  380.503(18)(a) and
				(b), F.S., are among its principal purposes
				and goals.
(17) "Project Costs"
				means the total of all eligible costs associated with the Acquisition of the
				Project Site in accordance with this rule chapter and Chapter 62-820, F.A.C.,
				and may include the cost of the following items: purchase price for Acquisition
				of all or a portion of the Project Site; certified survey containing an
				adequate legal description of the Project Site; any assessment or examination
				essential and necessary to determine Project Site boundary; appraisal report(s)
				and appraisal review of the Project Site; title report and title insurance
				premium; and environmental site assessment(s) performed pursuant to Rule
				 9K-10.010, F.A.C.
(18) "Project Site" means the specific
				area(s), defined by a boundary map or legal description and Certified Survey,
				where Florida Forever Funds are proposed in an Application to be used for all
				or a portion of the Acquisition. The Project Site may include up to three (3)
				ownerships. The Project Site may include non-contiguous parcels, so long as the
				non-contiguous areas are part of a unified scheme of development and management
				within the same Working Waterfronts and within 300 feet of each
				other.
(19) "Reasonable Assurance"
				means the Applicant's ability to demonstrate to the Trust that there is a
				substantial likelihood that the project will be successfully implemented and
				managed in accordance with the Application and the Grant Contract, and may
				include the Trust's review of: the Applicant's current and prospective
				financial condition; the Applicant's history in acquiring, developing and
				managing similar projects; the Applicant's financial commitment to the subject
				project as evidenced by the amount and type of any Match in the form of monies,
				real estate; and the Applicant's partners, directors, officers, managers,
				project administrators, controlling shareholders (if applicable), and appointed
				or elected officials.
(20)
				"Recipient" means an Applicant that has been approved for funding by the Trust
				and who has executed a Grant Contract with the Trust for an Award.
(21) "Seafood House" means a facility that
				manufactures, processes, packs, holds or prepares seafood for wholesale, whose
				primary source of income is derived from these activities, that is licensed by
				the Department of Agriculture and Consumer Services as a Food Establishment
				pursuant to Section  500.03, F.S., or a Shellfish
				Processor licensed pursuant to Section
				 597.020, F.S. A Seafood House
				may have retail or food serving facilities in conjunction with its other
				business operations.
(22) "Small
				Local Government" means county governments with populations of 75, 000 or fewer
				and municipal governments with populations of 10, 000 or fewer.
(23) "Trust" means the Florida Communities
				Trust, a nonregulatory agency and instrumentality, which is a public body
				corporate and politic, created within the Department of Environmental
				Protection pursuant to Chapter 380, Part III, F.S.
(24) "Voluntarily-Negotiated Transaction"
				means an arm's length market value transaction between a willing seller and a
				willing buyer. The use of condemnation or the threat of condemnation is not
				considered a Voluntarily-Negotiated Transaction.
(25) "Working Waterfronts Business" means any
				enterprise directly or indirectly concerned with the commercial harvest of wild
				or aquacultured marine organisms, whose primary source of income is derived
				from these activities. "Working Waterfronts Business" includes without
				limitation: Licensed commercial fishermen or aquaculturists; persons providing
				direct services to commercial fishermen or aquaculturists, as long as provision
				of these direct services requires the use of Working Waterfronts real estate;
				and, municipal and private piers and wharves operated primarily to provide
				waterfront access to commercial fishermen or aquaculturists.
(26) "Working Waterfronts Covenants" means a
				legal document entered into by the seller and Recipient, and recorded in the
				public records of the county or counties in which the project is located that
				conveys a perpetual less than fee interest, in the property to the Recipient.
				This document contains the obligations, rights and responsibilities of each
				party, the actions that are prohibited on the property, and enforcement
				provisions.
Rulemaking Authority
					 380.507(11),
					 380.5105(2) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 11-25-08, Amended 5-16-10, Formerly
					  9K-9.002.