Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-815 - PRESERVATION 2000 PROGRAM › Section 62-815.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Acquisition" means the act of obtaining
				real property or interests and rights therein by various legal means.
(2) "Acquisition Plan" applies to Project
				Sites with multiple parcels or multiple owners and means a written description
				of the priority parcels and the general order in which the parcels will be
				acquired to assure that, in the event that all parcels cannot be acquired, the
				purposes of the project can be achieved.
(3) "Applicant" means an entity eligible
				pursuant to this rule chapter to submit an application for Preservation 2000
				funds through the Florida Communities Trust.
(4) "Application" means a formal request by
				an applicant on an approved form for Preservation 2000 funds from the Florida
				Communities Trust, consisting of a project proposal with required documentation
				submitted pursuant to this rule chapter.
(5) "Award" means a loan, grant or matching
				grant from the Trust authorized pursuant to the procedures developed in this
				rule chapter.
(6) "Coastal
				Management Element" means that portion of a local comprehensive plan prepared
				pursuant to Section  163.3177(6)(g),
				F.S., and Rule  9J-5.012, F.A.C.
(7) "Conservation Element" means that portion
				of a local comprehensive plan prepared pursuant to Section
				 163.3177(6)(d),
				F.S., and Rule  9J-5.013, F.A.C.
(8) "Department" means the Florida Department
				of Environmental Protection.
(9)
				"Donation" means a voluntary transfer of title and possession of cash or real
				property to another without any consideration; the conveyance of land by the
				landowner at a purchase price below its market value can be considered a
				donation of a portion of the purchase price only when the landowner 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) "Future Land Use Element" means that
				portion of a local comprehensive plan prepared pursuant to Section
				 163.3177(6)(a),
				F.S., and Rule  9J-5.006, F.A.C.
(11) "Future Land Use Map" means a map or map
				series included within the future land use element of a local comprehensive
				plan that meets the requirements of subsection
				 9J-5.006(4),
				F.A.C.
(12) "Governing Body" means
				that four-member entity described in Sections
				 380.504 and
				 380.505, F.S.; the powers of the
				Trust are vested in its governing body members, pursuant to Section
				 380.505, F.S.
(13) "Grant" means an award of funds made for
				the benefit of an applicant and used to acquire real property.
(14) "Greenway" means a linear open space
				protected and managed as part of linked conservation lands or recreation
				opportunities. Greenways typically follow natural landscape features such as
				rivers, streams, shorelines, man-made corridors such as utility and abandoned
				railroad right-of-ways, and scenic roadways. Greenways may protect the habitat
				of native plants and wildlife, maintain wildlife movement routes and natural
				connections, or provide opportunities for outdoor recreation.
(15) "Habitat" means a natural community or
				communities composed of physical and biological elements that typically support
				populations of plants and animals.
(16) "High Aquifer Recharge Area" means
				generally within, but not limited to, high recharge areas that are afforded a
				higher level of protection due to contributions to present and future ground
				water including the protection and maintenance of natural systems and public
				water supply.
(17) "Listed Species"
				means animal species listed as endangered, threatened or of special concern by
				the Fish and Wildlife Conservation Commission in Rules
				 68A-27.003, .004, and .005,
				F.A.C.; plant species listed as endangered or threatened in Sections
				 581.185(5)(a)-(b),
				F.S.; or any plant or animal species identified or designated in the
				comprehensive plan or ordinance by the local government as being of local
				concern and warranting special protection.
(18) "Local Comprehensive Plan" as defined in
				Section  380.503(4),
				F.S., means a plan that meets the requirements of Sections
				 163.3177,
				 163.3178, and
				 163.3191, F.S., and has been
				found to be in compliance in accordance with Section
				 163.3184, F.S.
(19) "Local Government" means counties and
				municipalities of the State of Florida.
(20) "Local Match" means the provision of
				cash, project costs unfunded by the Trust, value of real property donated by a
				party or parties other than the applicant, or real property owned by the
				applicant, provided the match is from an eligible source as set forth in
				subsection  62-815.0031(9),
				F.A.C., and added to Florida Communities Trust award by the applicant for the
				project cost.
(21) "Matching Grant"
				means an award made for the benefit of an applicant based upon an applicant's
				commitment to provide the remainder of the total Project Cost.
(22) "Native Vegetative Community" means a
				natural community that is dominated by native plant species and is structured
				as a natural community type described in the Florida Natural Areas Inventory
				publication, "Guide to the Natural Communities of Florida". A native vegetative
				community generally possesses the following characteristics: the plant species
				composition includes most of the more common species typical of that natural
				community type; the community may contain small areas of exotic or invasive
				plants that could be easily controlled by prescribed burning or other forms of
				management; evidence of historical disturbance may be present but disturbance
				has not destroyed or prevented the re-establishment of a mature natural
				community type; and, the community is not substantially disturbed by recent
				human activities, except for such disturbance as low intensity forestry
				activities that allow the natural community to recover to previous
				conditions.
(23) "Outdoor
				Recreation" means the pursuit of leisure-time activities that occur in an
				outdoor setting and that are dependent on some particular element or
				combination of elements in the natural environment. These activities include,
				but are not limited to, saltwater beach and shoreline activities, bicycle
				riding, boating, camping, fishing, hiking, horseback riding, hunting, nature
				study, picnicking, freshwater swimming, and visiting archaeological and
				historical sites.
(24) "Partnership
				Application" means a joint application for an award submitted to the Trust by
				two or more eligible applicants.
(25) "Population, " when used in this rule
				chapter, shall be based upon the most recent edition of Florida Estimates of
				Population as published annually by the Population Division, Bureau of Economic
				and Business Research, University of Florida.
(26) "Preacquired" means the Project Site or
				a portion of the Project Site has been acquired by the applicant through a
				voluntarily-negotiated transaction within one year prior to the application
				deadline or will be acquired by the applicant within 180 days after the
				application deadline. The use of condemnation or the threat of condemnation is
				not considered a voluntarily-negotiated transaction.
(27) "Preservation 2000 Funds" means proceeds
				from the Preservation 2000 Trust Fund created by Section
				 375.045, F.S., distributed to
				the Department of Environmental Protection pursuant to Section
				 259.101(3)(c),
				F.S., for the purpose of providing land acquisition awards through the Florida
				Communities Trust Preservation 2000 Program.
(28) "Project" means any work on, improvement
				to, or acquisition of real property, buildings, or any other
				property.
(29) "Project Area" means
				those lands and waters within and adjacent to the applicant's jurisdiction that
				may affect the project site.
(30)
				"Project Cost" means the total of acquisition costs and may include the cost of
				the following items prepared consistent with Rule Chapter 62-817, F.A.C.:
				purchase price for acquisition of all or a portion of the Project Site;
				certified survey and/or appraisal map containing an adequate legal description
				of the property; fee for any assessment or examination essential and necessary
				to determine project site boundary, if any; appraisal report(s); and appraisal
				review; evidence of marketable title; cost of title report and title insurance
				premium; reasonable real estate fees or other eligible fees or commissions paid
				by the applicant for acquisition services provided to and for the benefit of
				the applicant, if any; and costs of environmental site assessment.
(31) "Project Plan" means a collection of
				items that when taken together provide a detailed description of a proposed
				project that has received conceptual approval for an award from the Trust; a
				project plan shall be prepared pursuant to the requirements of Rule
				 62-815.011, F.A.C.
(32) "Project Site" means the specific
				area(s), defined by a boundary map and/or legal description and certified
				survey, where Trust funds and local match are proposed in an application to be
				used for acquisition. Project site may include non-contiguous areas, so long as
				connectivity through other public ownership, excluding road right-of-way unless
				parcels are directly across a road from each other, is demonstrated.
(33) "Real Property" means any interest in
				land and may also include any appurtenances and improvements to the
				land.
(34) "Recreation and Open
				Space Element" means that portion of a local comprehensive plan prepared
				pursuant to Section  163.3177(6)(e),
				F.S., and the general requirements of Rule
				 9J-5.005, F.A.C.
(35) "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., or the governing body of
				the Florida Communities Trust.
(36)
				"Urban Area" as defined in subsection
				 9J-5.003 (139), F.A.C., means an
				area of or for development characterized by social, economic and institutional
				activities which are predominantly based on the manufacture, production,
				distribution, or provision of goods and services in a setting which typically
				includes residential and nonresidential development uses.
(37) "Urban Greenways and Open Space Project"
				means action taken to acquire lands or interest in lands to create a linear
				open space protected and managed as part of linked conservation lands or
				recreational opportunities in an urban area, or to preserve open space or
				historic sites to enhance recreational and cultural opportunities in an urban
				area.
(38) "Urban Area" means an
				area of or for development characterized by social, economic and institutional
				activities which are predominantly based on the manufacture, production,
				distribution, or provision of goods and services in a setting which typically
				includes residential and nonresidential development uses.
(39) "Urban Open Space" means located within
				a built-up urban area and will be managed as an open area either in its natural
				state, landscaped or developed for minimal passive use.
(40) "Urban Service Area" as defined in
				Section  163.3166(29),
				F.S., means built-up areas where public facilities and services such as sewage
				treatment systems, roads, schools, and recreation areas, are already in place.
				For the purpose of this rule, it may also include other similar designations
				that have been formally adopted by a local government on its Future Land Use
				Map, or it may be an area that is currently provided services such as those
				listed above.
(41)
				"Voluntarily-Negotiated Transaction" means an arms 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.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.101, 375.045, 380.501-.515
					 FS.
New 11-3-91, Amended 11-1-92, 9-19-94, 2-9-98, Formerly
					  9K-4.002.