1A-38.004. Evaluation of Property

(1) Part 1-Evaluation of Property Eligibility submitted to the Division for properties which have been individually designated as historic properties or landmarks under the provisions of a local historic preservation ordinance shall include documentation substantiating such designation and describing the historic, archaeological or architectural features which provided the basis for designation. Acceptable documentation shall include a copy of the designation report for the property and official correspondence notifying the property owner of designation.

(2) For properties located in a historic district listed in the National Register of Historic Places, the local historic preservation office or the Division shall apply the definitions of contributing and noncontributing properties as set forth in subsections 1A-38.002(1) and 1A-38.002(6), F.A.C., respectively, to determine whether the property is a contributing property.

(3) For properties located in a historic district designated by local ordinance, the local historic preservation office or the Division shall apply the criteria set forth in the local ordinance to determine whether the property is a contributing property. If the local ordinance does not include criteria or a process sufficient to determine whether the property is a contributing property, the local historic preservation office or the Division shall apply the definitions of contributing and noncontributing properties as set forth in subsections 1A-38.004(1) and 1A-38.002(6), F.A.C., respectively, to determine whether the property is a contributing property.

(4) For purposes of the exemption under Section 196.1998, F.S., a property is being used for government or nonprofit purposes if the occupant or user of at least 65 percent of the useable space of a historic building or of the upland component of an archaeological site is an agency of the federal, state or local government, or a nonprofit corporation whose articles of incorporation have been filed by the Department of State in accordance with section 617.0125, F.S.

(5) For purposes of the exemption under section 196.1998, F.S., a property is considered regularly and frequently open to the public if public access to the property is provided not less than 52 days a year on an equitably spaced basis, and at other times by appointment. Nothing in this rule shall prohibit the owner from charging a reasonable nondiscriminatory admission fee.

Rulemaking Authority 196.1997(13), 196.1998(3) FS. Law Implemented 196.1997, 196.1998 FS. History–New 1-31-94, Amended 9-3-00.