Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-817 - LAND ACQUISITION PROCEDURES WITH PRESERVATION 2000 FUNDS › Section 62-817.002 - 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 to serve
				natural resource conservation or outdoor recreation.
(2) "Agent" means an authorized
				representative assisting the applicant or recipient to secure real estate
				services or to negotiate and acquire real property and may include, but not be
				limited to, attorneys, brokers, cooperating agencies and non-profit land
				conservation organizations. As required under Chapter 475, F.S., when real
				estate services are performed for another entity for a fee, an agent shall be
				licensed.
(3) "Applicant" means an
				entity eligible pursuant to Rule Chapters 62-815 and 62-816, F.A.C., to submit
				a proposal(s) for Preservation 2000 funds through the Florida Communities
				Trust.
(4) "Application" means a
				formal request on an approved form for Preservation 2000 funds from the Florida
				Communities Trust by an applicant, consisting of a project proposal with
				required documentation submitted pursuant to Rule Chapter 62-815,
				F.A.C.
(5) "Appraisal" or
				"Appraisal Services" means the services provided by Florida certified, licensed
				or registered appraisers that include, pursuant to Section 475.611(1)(a)1.,
				F.S., an "appraisal assignment", which denotes an engagement for which a person
				is employed or retained to act, or could be perceived by third parties or the
				public as acting, as an agent or a disinterested third party in rendering an
				unbiased analysis, opinion, review, or conclusion relating to the nature,
				quality, value, or utility of specified interests in, or aspects of, identified
				real property.
(6) "Appraisal
				Foundation" means the Appraisal Foundation, established on November 20, 1987,
				as a not-for-profit corporation under the laws of Illinois.
(7) "Appraisal Map" means a map of the
				project area with individual ownership and project boundaries identified
				showing acreage and other pertinent information needed for appraisal
				purposes.
(8) "Appraisal Report"
				means a written analysis, opinion, or conclusion issued by an appraiser
				relating to the nature, quality, value, or utility of specified interests in,
				or aspects of, identified real property, and includes a report communicating an
				appraisal analysis, opinion, or conclusion of value, regardless of title. The
				phrase "regardless of title" is interpreted to mean "disregarding matters of
				title that may have an impact on the conclusion of value."
(9) "Appraiser" means any person who is a
				registered real estate appraiser, licensed real estate appraiser, or a
				certified real estate appraiser in the State of Florida.
(10) "Approved Appraisal" means an appraisal
				that has been reviewed by a review appraiser and approved by the Trust for use
				in determining the maximum approved purchase price that the Trust and the grant
				recipient will pay for property.
(11) "Approved Appraiser" means an individual
				whose name has been placed on the Florida Communities Trust list of approved
				appraisers, as further described in Rule
				 62-817.007, F.A.C.
(12) "Approved Survey" means a certified
				survey that has been reviewed by a review surveyor and approved by the
				Trust.
(13) "Area of Critical State
				Concern" means an area designated pursuant to Section
				 380.05, F.S.
(14) "Award" means a loan, grant or matching
				grant from the Trust authorized pursuant to the procedures developed in Rule
				Chapters 62-815 and 62-816, F.A.C.
(15) "Board of Trustees" means the Governor
				and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust
				Fund.
(16) "Certified Survey" means
				a survey, as further defined in Rule
				 62-817.006, F.A.C., that is
				certified, signed and sealed by a registered land surveyor authorized to
				practice surveying in the State of Florida.
(17) "Confidential" refers to information
				that shall not be available for public disclosure or inspection and is exempt
				from the provisions of Section
				 119.07(1),
				F.S.
(18) "Department" means the
				Florida Department of Environmental Protection.
(19) "Evidence of Marketable Title" and
				"Title Policy" means assurance of the marketability of the title of the land
				being acquired, in the form of a marketable title insurance commitment and
				policy.
(20) "Governing Body" means
				the governing body of the Florida Communities Trust established by Section
				 380.504, F.S., except where
				specifically referred to in this rule chapter as a county or municipal
				governing body.
(21) "Grant" means
				an award of funds made under a program of the Trust for the benefit of an
				applicant and used to acquire real property.
(22) "Grant Agreement" means a recordable
				document that restates all conditions that are being placed on the project site
				upon conveyance of title to the recipient.
(23) "Hazardous Materials Contamination"
				means radon, PCB's, 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 USC
				9601. et seq., Hazardous Materials
				Transportation,  49 USC 1801  . et. seq., the Resource Conservation and Recovery
				Act, 42 USC
				6901. et seq., and the regulations adopted
				pursuant thereto.
(24) "Land
				Authority" means an entity created by the county pursuant to Section
				 380.0663, F.S.
(25) "Local Government" means county
				governments and municipalities of the State of Florida.
(26) "Local Match" means the provision of
				cash or project costs unfunded by the Trust, provided the match is from an
				eligible source as set forth in the applicable program rule chapter, and added
				to Florida Communities Trust matching grant by the applicant for the project
				costs.
(27) "Market Value" means
				the most probable price in cash or terms equivalent to cash for which the
				appraised property will sell in a competitive market under all conditions
				requisite to fair sale, with the buyer and seller each acting prudently and
				knowledgeably, and assuming that neither is under undue duress.
(28) "Maximum Approved Purchase Price" means
				100% of the market value of a property as determined by appraisals performed on
				a project site that have been reviewed and approved by the Trust.
(29) "Minimum Technical Standards" means the
				Minimum Technical Standards for Surveyors (Field and Office) as set forth by
				the Florida Board of Professional Land Surveyors pursuant to Section
				 472.027, F.S., and in Chapter
				61G17-6, F.A.C.
(30) "Non-profit
				Organization" means any private organization, existing under the provisions of
				Section 501(c)(3) of the
				Internal Revenue Code, which has among its principal goals the conservation of
				natural resources or protection of the environment.
(31) "Option Agreement" or "Option Contract"
				means a proposed agreement by the county or municipality and the Trust to
				purchase a piece of property, subject to the approval of the county or
				municipal governing body at a public meeting after 30 days' public notice and
				the Trust after appropriate notice. The county or municipality will not be
				under any obligation to exercise the option unless the option contract is
				approved by the county or municipal governing body and the Trust at a public
				hearing.
(32) "Owner" or "Seller"
				means the fee simple title owner of the project site.
(33) "Preservation 2000 Funds" means proceeds
				from the Preservation 2000 Trust Fund created by Section
				 375.045, F.S., distributed to
				the Department pursuant to Section
				 259.101(3)(c),
				F.S., for the purpose of providing land acquisition grants through the Florida
				Communities Trust.
(34) "Project"
				means any work on, improvement to, or acquisition of real property, buildings,
				or any other property.
(35)
				"Project Cost" means the total of acquisition costs and may only include the
				cost of the following items prepared consistent with this rule chapter:
				purchase price for acquisition of all or a portion of the project site;
				certified survey or appraisal map containing an adequate legal description and
				acreage of the property; fee for any assessment or examination essential and
				necessary to determine project site boundary, if any; appraisal report(s);
				evidence of marketable title; title insurance premium; reasonable real estate
				fees or commissions paid by the applicant for acquisition services, if any; and
				costs of environmental assessment.
(36) "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 or
				proposal to be used for acquisition.
(37) "Proposal" means a formal request on an
				approved form for Preservation 2000 funds from the Florida Communities Trust
				Area of Critical State Concern Program by an applicant, consisting of a project
				proposal with required documentation submitted pursuant to Rule Chapter 62-817,
				F.A.C.
(38) "Purchase Agreement"
				means the various types of contracts to purchase real property, including
				purchase agreements, option agreements, exchange agreements and other forms of
				such agreement, that become binding on all parties to the contract at the time
				the purchase agreement is duly executed.
(39) "Real property" means any interest in
				land and may also include any appurtenances and improvements to the
				land.
(40) "Recipient" means a
				local government that has executed an agreement with the Trust for a grant
				award for land acquisition funding.
(41) "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.
(42) "State
				certified appraiser" means a real estate appraiser who has been certified by
				the State under the provisions of Chapter 475, F.S.
(43) "Surveyor" means Land Surveyor or
				Professional Land Surveyor who is registered in the practice of land surveying
				under Sections 472.001-.039, F.S.
(44) "Title Commitment" means a written
				agreement issued by a Florida licensed title insurer agreeing to issue to the
				recipient or the Board of Trustees, upon the recording of the deed to the
				recipient or the Board of Trustees, 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 at closing.
(45) "Title Report" means a title report,
				including an adequate legal description of the property to be acquired
				sufficient to inform the Trust, the recipient and the appraisers of the status
				of ownership, encumbrances, exceptions, reservations, and previous ownership
				history.
(46) "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.
(47) "Uniform Standards of Professional
				Appraisal Practice" means the most recent standards approved and adopted by the
				Appraisals Standards Board of the Appraisal Foundation.
(48) "Voluntarily Negotiated Transaction"
				means an arms length market value transaction between a willing seller and a
				willing buyer.
Rulemaking Authority
					 380.507(11) FS.
					 Law Implemented 259.101, 375.045, 380.501-.515
					 FS.
New 7-7-94, Formerly
					  9K-6.002.