Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-1 - FLORIDA GREENWAYS AND TRAILS PROGRAM › Section 62S-1.100 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
Whenever used in this chapter or in the forms prescribed for
				  use with this chapter, the words defined in Section
				   260.013, F.S., shall have the
				  same meaning and the following terms (whether or not capitalized) shall have
				  the meanings stated below unless the context clearly indicates
				  otherwise:
(1) "Act" means the Florida
				Greenways and Trails Act, Chapter 260, F.S.
(2) "Council" means the Florida Greenways and
				Trails Council described in Section
				 260.0142, F.S.
(3) "Cross Florida Greenways State Recreation
				and Conservation Area" means the network of greenways and trails created by
				Section  253.781, F.S., including those
				portions of the Oklawaha River Valley and other lands and interests previously
				acquired by the state or federal government for construction and operation of
				the Cross Florida Barge Canal, the original corridor of which is specified in
				the Greenway Management Plan prepared by the University Planning Team of the
				University of Florida.
(4)
				"Department" means the Department of Environmental Protection.
(5) "Designation Agreement" means a binding
				written contract between the Office of Greenways and Trails, on behalf of the
				Department, and the owner of lands upon or over which a designated greenway or
				trail is located (or will be located), providing the terms and conditions upon
				which the owner agrees to have his, her or its lands or waterways designated as
				part of the Florida Greenways and Trails System. At a minimum, the Designation
				Agreement shall address the items described in subsection
				 62S-1.400(5)  or
				 62S-1.450(6),
				F.A.C.
(6) "Florida Forever Funds"
				means moneys from the Florida Forever Trust Fund created by Section
				 259.1051, F.S. (1999), and
				distributed to the Department pursuant to Section
				 259.105(3)(g),
				F.S. (1999), for the acquisition of lands under the Florida Greenways and
				Trails Program.
(7) "Greenways and
				trails support organization" means a formal or informal group, whether
				incorporated or unincorporated, tax-exempt or non-tax-exempt, that conducts
				programs or activities that directly support the establishment, development,
				maintenance or management of a greenway or trail.
(8) "Implementation Plan" means the five-year
				implementation plan entitled "Connecting Florida's Communities with Greenways
				and Trails, " prepared by the Florida Department of Environmental Protection
				and the Florida Greenways Coordinating Council and dated September
				1998.
(9) "Landowner" or "owner"
				means the legal and equitable owner(s) of fee simple title in and to real
				property.
(10) "Less-than-fee
				acquisition" means the purchase of an interest in property that is less than
				the entire fee simple estate (which is one in which the owner is entitled to
				the entire property with the unconditional power of disposition during the
				owner's life and which will descend to his or her heirs and legal
				representatives upon the owner's death intestate). The most common
				less-than-fee acquisition alternatives are purchase of development rights,
				conservation easements, land protection agreements, life estates, and purchase
				of specific rights or interests.
(11) "Management plan" means a written
				document that describes the management goals for a project; conditions that
				will affect the intensity of management; an estimate of the revenue-generating
				potential of the project, if applicable; a description of potential
				multiple-use activities as described in Sections
				 259.032 and
				 253.034, F.S.; a timetable for
				implementing the various stages of management and for providing access to the
				public, if applicable; provisions for protecting existing infrastructure and
				for ensuring the security of the project upon acquisition; the anticipated
				costs of management and projected sources of revenue to fund management needs
				(including legislative appropriations); recommendations on the number of
				employees necessary to manage the project; and recommendations for management
				involvement by local governments, greenways and trails citizen support
				organizations, prior landowners or other interested parties.
(12) "Managing entity" means the agency,
				governmental entity, corporation, organization or other authority that has
				undertaken and is responsible for the day-to-day operation, protection,
				maintenance and stewardship of a specified greenway or trail, or network of
				greenways or trails, under a management plan or designation agreement with the
				holder of the ownership, proprietorship, or other beneficial interest in the
				property upon or over which the greenway or trail segment is located.
(13) "OGT" means the Office of Greenways and
				Trails of the Department.
(14)
				"Person" means any individual, corporation, partnership, firm, association,
				joint venture, estate, trust, business trust, syndicate, fiduciary, commission,
				county, municipality or political subdivision of a state, any interstate body,
				the federal government or any subdivision thereof and all other groups or
				combinations, whether public or private.
(15) "Planned project corridor" means the
				proposed path of a greenway or trail described in an Application for
				Acquisition of Land and comprised exclusively of those parcels of real property
				for which Willing Owner Certificates have been executed for 80 percent of the
				parcels and submitted with the Application.
(16) "Project" means a discrete and
				identifiable plan or undertaking which describes in detail the acquisition,
				development, designation, use or management of certain lands or waterways
				within the Florida Greenways and Trails System.
(17) "Project boundary" means a conceptual
				outline or drawing that depicts the maximum physical boundaries for a proposed
				greenway or trail. The project boundary will incorporate not only the planned
				project corridor, but also any adjacent lands or waterways that could be
				included within the greenway or trail if one or more parcels within the planned
				project corridor cannot be acquired in the precise configuration delineated in
				its legal description.
(18)
				"Proposal" means the application and supporting documentation submitted to OGT
				for consideration in one or more of the procedures established by this chapter
				for the evaluation, selection, acquisition, designation, use or management of
				lands or waterways within the Florida Greenways and Trails System.
(19) "Public Conservation or Recreation Lands
				or Waterways" means lands or waterways owned by a national, state, regional or
				local governmental entity. The following categories of public lands and
				waterways would typically qualify for designation as part of the Florida
				Greenways and Trails System:
(a) National
				parks, forests and trails, preserves, seashores, wildlife refuges, wild and
				scenic rivers, military reservations and Native American lands;
(b) State park units, forests, recreation
				areas, submerged lands, wildlife management areas, historic and archaeological
				sites, ornamental and botanical gardens, university system properties, museums
				and other special feature sites, public game areas, preserves and
				reserves;
(c) Lands owned by any
				port authority, flood control district, water management district, navigation
				district or other agency created by general or special act; and,
(d) Local government conservation and
				recreation lands and urban open space areas.