62-816.002. Definitions

(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, Florida Statutes.

(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, Florida Statutes, 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), Florida Statutes, 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. History–New 6-30-93, Amended 11-14-94, Formerly 9K-5.002.