Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-818 - FLORIDA FOREVER PROGRAM, GRANT APPLICATION PROCEDURES › Section 62-818.002 - 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 appropriate legal means in
				furtherance of The Florida Forever Act and this rule chapter.
(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 eligible Local
				Government entity(ies) or Nonprofit Environmental Organization entity(ies)
				which submit an Application(s) or Partnership Application(s) for Florida
				Forever funds through the Trust. An Applicant who has been approved for funding
				by the Trust and who has executed a Grant Agreement with the Trust shall also
				be referred to as a Recipient.
(4)
				"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.
(5) "Award" means a grant
				from the Trust pursuant to the procedures developed in this rule
				chapter.
(6) "Board of Trustees"
				means the Governor and Cabinet sitting as the Board of Trustees of the Internal
				Improvement Trust Fund.
(7)
				"Declaration of Restrictive Covenants, " formerly known as the "Grant Award
				Agreement, " means a recordable document that states all conditions to be
				placed on the Project Site upon its conveyance to the Recipient using Trust
				Funds.
(8) "Department" means the
				Florida Department of Environmental Protection.
(9) "Donation" means a voluntary transfer of
				title and possession of cash or 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) "Ecological
				Corridor" means a natural or open space corridor that connects Natural
				Communities to provide, enhance and protect wildlife habitat and
				biodiversity.
(11) "Florida Forever
				Funds" means proceeds from the Florida Forever Trust Fund created by section
				 259.1051, F.S., and distributed
				to the Department pursuant to sections
				 259.105(3)(c) 
				and  380.5115, F.S., for the purpose
				of providing Acquisition Awards through the Florida Communities Trust Florida
				Forever Program.
(12) "Florida
				National Scenic Trail" (Florida Trail) means a National Scenic Trail designated
				by U.S. Congress in 1983. Primarily a hiking trail, it is a recreational trail,
				greenway and ecological corridor extending approximately 1, 400 miles through
				the state. The trail is recognized as Florida's official statewide,
				non-motorized trail in section
				 260.012(6),
				F.S. The Federal Administrator of the Trail, the USDA Forest Service, assisted
				by the Florida Trail Association, has identified a proposed route for the trail
				in the publication "Preferred Routing of the Florida National Scenic
				Trail."
(13) "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 section
				 163.3177(6),
				F.S.
(14) "Governing Board" means
				that five-member governing body 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.
(15) "Grant Agreement", formerly known as the
				"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.
(16) "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, and abandoned railroad right-of-ways. Greenways
				may protect the habitat of native plants and wildlife, maintain wildlife
				movement routes and natural connections, or provide opportunities for outdoor
				recreation.
(17) "Habitat" means a
				natural community or communities composed of physical and biological elements
				that typically support populations of plants and animals.
(18) "Joint Acquisition" means the entire
				Project Site or a portion of the Project Site will be acquired by the Applicant
				and the Trust together through a voluntarily-negotiated transaction.
(19) "Listed Animal Species" means animal
				species listed as endangered, threatened or of special concern by the Florida
				Fish and Wildlife Conservation Commission in chapter 68A-27, F.A.C.
(20) "Local Comprehensive Plan" means a plan
				that meets the requirements of sections
				 163.3177,
				 163.3178,
				 163.3180,
				 163.3191,
				 163.3245 and
				 163.3248, F.S., and has been
				found to be in compliance in accordance with section
				 163.3184, F.S.
(21) "Local Government" means a county or a
				municipality within the State of Florida.
(22) "Low-income Community" means a U.S.
				Census tract in which the median family income is less than half that of the
				state median family income.
(23)
				"Major Military Installation" includes the following areas designated by the
				United States Military: Avon Park Air Force Range, Camp Blanding Joint Training
				Center, Eglin Air Force Base & Hurlburt Field including Outlying Field Camp
				Rudder and Duke, Homestead Air Force Reserve Base, MacDill Air Force Base,
				Naval Air Station Jacksonville including Outlying Field Whitehouse, Naval Air
				Station Key West (Boca Chica), Patrick Air Force Base, Tyndall Air Force Base,
				Naval Station Mayport, Naval Air Station Pensacola (Pensacola Complex)
				including Outlying Field Saufley and Site 8 and Naval Air Station Whiting Field
				including Outlying Field Pace, Spencer, Harold, Santa Rosa, Choctaw and
				Holley.
(24) "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.
(25) "Match" means the
				provision of cash, eligible Project Costs, value of real property donated by a
				party(ies) other than the Applicant, or real property owned by the Applicant,
				provided the Match is from an eligible source as set forth in section
				 259.105(3)(c),
				F.S.
(26) "Natural Community" means
				a community that is dominated by native plant species as described in the
				Florida Natural Areas Inventory publication, "Guide to the Natural Communities
				of Florida." A Natural 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.
(27) "Neighborhood Recreation Center" means a
				small community oriented building, generally up to 15, 000 square feet, used
				primarily by one or more adjacent neighborhoods. The center could provide
				facilities for activities such as, indoor recreational programs, after school
				programs, summer programs, yoga classes, dance classes, or art and craft
				classes.
(28) "Nonprofit
				Environmental Organization" means a private nonprofit organization, existing
				under the provisions of Section 501(c)(3) of the United States Internal Revenue
				Code which has and can demonstrate that the conservation of natural resources
				or protection of the environment are among its principal purposes and
				goals.
(29) "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. Examples of such activities include bicycling,
				walking, hiking, skating, swimming, horseback riding, boating, camping,
				fishing, hunting, picnicking, studying nature, and visiting archaeological and
				historical sites.
(30) "Partnership
				Application" means an Application for an Award submitted to the Trust by two or
				more eligible Applicants.
(31)
				"Phased Project" means the phased continuation of a project which has been
				acquired by the Trust in a prior funding cycle. The phased continuation must be
				adjacent (or adjacent through public ownership) to the previously acquired
				project. A Phased Project is generally characterized as a unified project but
				which, as a result of numerous owners, unique or linear configuration, or
				funding limitations, causes the project to be difficult or burdensome to
				develop and complete during a single funding cycle of the Trust and is instead
				developed as part of two or more Trust funding cycles.
(32) "Pre-acquired" means the Project Site or
				a portion of the Project Site has been acquired by the Applicant through a
				voluntarily-negotiated transaction within 24 months prior to the Application
				deadline.
(33) "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 62-819, 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; reasonable real estate fees or commissions not to exceed $10, 000.00
				per grant Application and environmental site assessment(s) performed pursuant
				to rule  62-819.012, F.A.C.
(34) "Project Plan" means the compilation of
				items to be approved by the Trust that when taken together provide a detailed
				description of a proposed project that has received approval for an Award from
				the Trust. A Project Plan shall be prepared by the Recipient pursuant to the
				requirements of this rule chapter and chapter 62-819, F.A.C., and shall be
				approved by the Trust prior to disbursement of Florida Forever Funds.
(35) "Project Site" means the specific
				area(s), defined by a boundary map or legal description and Certified Survey,
				where Trust funds are proposed in an Application to be used for all or a
				portion of the Acquisition. Project Site may include non-contiguous areas, so
				long as connectivity through other public ownership (excluding road
				right-of-ways and water bodies) is demonstrated, and the non-contiguous areas
				are part of a unified scheme of development and management, or the project
				includes non-contiguous parcels that are part of a local government adopted
				riverwalks or beach boardwalk plans, listed species habitat or riverine
				corridor protection plan. Parcels contained within a riverwalk or beach
				boardwalk plan shall be within one mile of each other. For listed species
				habitat protection plans, all parcels are required to be within two miles of
				each other. For riverine corridor protection plans all parcels are required to
				be within five miles of each other. Project Sites divided by small water
				bodies, such as narrow streams, may be considered if the project is part of a
				unified scheme and the small water body does not fragment the Project Site.
				Project Sites divided by a two-lane road that can be safely crossed may be
				considered if the site fragmentation caused by the road does not diminish
				pedestrian access or recreational opportunities.
(36) "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 Agreement, and may include the
				Trust's inquiry into: 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 or real
				estate; and the character and background of the Applicant's partners,
				directors, officers, managers, project administrators, controlling shareholders
				(if applicable), and appointed or elected officials.
(37) "Recipient" means an Applicant that has
				been approved for funding by the Trust and who has executed a Grant Agreement
				with the Trust for an Award.
(38)
				"Recreational Trail" means a linear land-based corridor for recreation purposes
				which may include, but is not limited to, bicycling, walking, running, skating,
				and horseback riding.
(39)
				"Recreational Trail System" means a network of Recreation Trail(s) and adjacent
				support parcels connecting parks, schools, residential and commercial or retail
				areas for recreation and authorized alternative modes of transportation. For a
				Recreational Trail System that is primarily located within road right-of-ways,
				the trail shall consist of either stabilized soils or paved trail separated
				from the road with occasional limited use of sidewalks that make critical
				connections within the system.
(40)
				"Reimbursement" means recognition of those eligible Project Costs incurred for
				Pre-acquired parcel(s) or Reimbursement Acquisition parcels.
(41) "Reimbursement Acquisition" means the
				entire Project Site or remaining portion of the Project Site will be acquired
				by the Applicant through a voluntarily-negotiated transaction after the
				application deadline and within the terms of the Grant Agreement.
(42) "State Designated Paddling Trail" means
				a mapped paddling trail that has been officially designated by the State
				Legislature or the Office of Greenways and Trails.
(43) "Trust" means the Florida Communities
				Trust, a nonregulatory agency and instrumentality, which is a public body
				corporate and politic, created within the Department pursuant to chapter 380,
				part III, F.S., or the Governing Board of the Florida Communities
				Trust.
(44) "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 other than those which
				are characteristic of rural areas.
(45) "Urban Service Area" 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.
(46) "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.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.105, 380.501-.515
					 FS.
New 5-27-01, Amended 5-20-02, 2-7-05, 2-19-07, 2-8-10,
					 Formerly  9K-7.002, Amended
					 6-10-13.