Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-816 - AREA OF CRITICAL STATE CONCERN PROGRAM › Section 62-816.002 - 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) "Applicant" means an entity eligible
				pursuant to this rule chapter to submit a proposal(s) for Preservation 2000
				funds through the Florida Communities Trust.
(3) "Area of Critical State Concern" means an
				area designated pursuant to Section
				 380.05, F.S.
(4) "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.
(5) "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.
(6) "Department" means the Florida Department
				of Environmental Protection.
(7)
				"Donation" means a voluntary transfer of cash to another without any
				consideration.
(8) "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
				 62-816.006(4),
				F.A.C.
(9) "Governing Body" means
				that entity described in subsection 9K-1.004(1), F.A.C.
(10) "Grantee" means an applicant under the
				provision of this rule chapter that is awarded a matching grant by the Trust
				governing body.
(11) "Land
				Acquisition Program" means a land acquisition plan that is established or will
				be established by a county to assist in the implementation of the conservation,
				recreation and open space, or coastal management elements of the local
				comprehensive plan.
(12) "Land
				Authority" means an entity created by the county pursuant to Section
				 380.0663, F.S.
(13) "Land Development Regulations" means
				ordinances that have been approved by the Department of Economic Opportunity
				pursuant to the requirements of Section
				 380.05(6),
				F.S., and that have been enacted by local governments for the regulation of any
				aspect of development that implement and are consistent with the local
				government comprehensive plan and include any local government zoning,
				subdivision, building construction, landscaping or sign regulations or any
				other regulations controlling the development of land.
(14) "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.
(15) "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 subsection
				 62-816.003(7),
				F.A.C., and added to Florida Communities Trust matching grant by the applicant
				for the project costs.
(16)
				"Matching Grant" means an award made to an eligible applicant of not more than
				50% of the total project cost based upon an applicant's commitment to provide
				the remainder of the total project cost.
(17) "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 grants through the Florida
				Communities Trust.
(18) "Project"
				means any work on, improvement to, or acquisition of real property, buildings,
				or any other property.
(19)
				"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 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); 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.
(20)
				"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.
(21) "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.
(22) "Real Property" means
				any interest in land and may also include any appurtenances and improvements to
				the land.
(23) "Recreation and Open
				Space Element" means that portion of a local comprehensive plan prepared
				pursuant to Section  163.3177(6)(e),
				F.S., and Rule 9J-5.014, F.A.C.
(24) "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.
Rulemaking Authority
					 259.101,
					 374.045,
					 380.507(11) FS.
					 Law Implemented 259.101, 375.045, 380.501-.515
					 FS.
New 6-30-93, Amended 11-14-94, Formerly
					  9K-5.002.