62-820.002. Definitions

(1) “Acquisition” means the act of obtaining real property or interests and rights therein through a voluntarily-negotiated transaction and through appropriate legal means in furtherance of The Florida Forever Act and this rule chapter.

(2) “Applicant” means an eligible Local Government or Nonprofit Working Waterfronts Organization or a partnership between a Local Government and Nonprofit Working Waterfronts Organization, which submits an Application for Florida Forever funds through the Trust. An Applicant that has been approved for funding by the Trust and has executed a Grant Contract with the Trust shall also be referred to as a Recipient.

(3) “Application” means a formal request by an Applicant on an approved form for Florida Forever Funds from the Trust, and consisting of a project proposal together with required documentation submitted pursuant to this rule chapter.

(4) “Award” means a grant from the Trust pursuant to the procedures developed in this rule chapter.

(5) “Business Summary” means information that describes an organization's status and future goals. It generally projects the vision and future opportunities for the organization and outlines the operations, expected needs, finances and organizational strategies that will enable the organization to achieve its goals. The information required for a Business Summary is specified in Form SMWW-2 (eff. 5-16-10).

(6) “Board of Trustees” means the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida.

(7) “Declaration of Restrictive Covenants” means a recordable document that states all conditions to be placed on the Project Site upon its conveyance to the Recipient using Trust Funds. This document contains the obligations, rights and responsibilities of each party, the actions that are prohibited on the property, and enforcement provisions.

(8) “Department” means the Florida Department of Environmental Protection.

(9) “Donation” means a voluntary transfer of cash or title to real property without consideration; the conveyance of land by the owner at a purchase price below its market value can be considered a donation of a portion of the purchase price only when the owner expresses the intent, in advance of purchase and sale negotiations, to make a bargain sale, with no conditions placed on the bargain sale or donation.

(10) “Florida Forever Funds” means proceeds from the Florida Forever Trust Fund created by Section 259.1051, F.S., and distributed to the Department of Environmental Protection pursuant to Sections 259.105(3)(j) and 380.5105, F.S., for the purpose of providing Acquisition Awards through the Florida Communities Trust Florida Forever Stan Mayfield Working Waterfronts Program.

(11) “Grant Contract” means a written contract between the Trust and the Recipient setting forth the requirements and responsibilities for Acquisition and management of the Project Site.

(12) “Governing Board” means the six-member governing body of the Trust as described in Sections 380.504 and 380.505, F.S.; the powers of the Trust are vested in its Governing Board members, pursuant to Section 380.505, F.S.

(13) “Local Government” means a county or a municipality within the State of Florida.

(14) “Management Plan” means a plan prepared by the Recipient under this rule chapter and approved by the Trust regarding the long-term care and management of the Project Site.

(15) “Match” means cash, eligible Project Costs, or the value of real property, pledged by a party(ies).

(16) “Nonprofit Working Waterfront Organization” means a private Nonprofit Working Waterfront Organization, existing under the provisions of Section 501(c) of the United States Internal Revenue Code that can demonstrate that the support of Working Waterfronts as defined in Sections 380.503(18)(a) and (b), F.S., are among its principal purposes and goals.

(17) “Project Costs” means the total of all eligible costs associated with the Acquisition of the Project Site in accordance with this rule chapter and Chapter 62-820, F.A.C., and may include the cost of the following items: purchase price for Acquisition of all or a portion of the Project Site; certified survey containing an adequate legal description of the Project Site; any assessment or examination essential and necessary to determine Project Site boundary; appraisal report(s) and appraisal review of the Project Site; title report and title insurance premium; and environmental site assessment(s) performed pursuant to Rule 9K-10.010, F.A.C.

(18) “Project Site” means the specific area(s), defined by a boundary map or legal description and Certified Survey, where Florida Forever Funds are proposed in an Application to be used for all or a portion of the Acquisition. The Project Site may include up to three (3) ownerships. The Project Site may include non-contiguous parcels, so long as the non-contiguous areas are part of a unified scheme of development and management within the same Working Waterfronts and within 300 feet of each other.

(19) “Reasonable Assurance” means the Applicant’s ability to demonstrate to the Trust that there is a substantial likelihood that the project will be successfully implemented and managed in accordance with the Application and the Grant Contract, and may include the Trust’s review of: the Applicant’s current and prospective financial condition; the Applicant’s history in acquiring, developing and managing similar projects; the Applicant’s financial commitment to the subject project as evidenced by the amount and type of any Match in the form of monies, real estate; and the Applicant’s partners, directors, officers, managers, project administrators, controlling shareholders (if applicable), and appointed or elected officials.

(20) “Recipient” means an Applicant that has been approved for funding by the Trust and who has executed a Grant Contract with the Trust for an Award.

(21) “Seafood House” means a facility that manufactures, processes, packs, holds or prepares seafood for wholesale, whose primary source of income is derived from these activities, that is licensed by the Department of Agriculture and Consumer Services as a Food Establishment pursuant to Section 500.03, F.S., or a Shellfish Processor licensed pursuant to Section 597.020, F.S. A Seafood House may have retail or food serving facilities in conjunction with its other business operations.

(22) “Small Local Government” means county governments with populations of 75,000 or fewer and municipal governments with populations of 10,000 or fewer.

(23) “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.

(24) “Voluntarily-Negotiated Transaction” means an arm’s length market value transaction between a willing seller and a willing buyer. The use of condemnation or the threat of condemnation is not considered a Voluntarily-Negotiated Transaction.

(25) “Working Waterfronts Business” means any enterprise directly or indirectly concerned with the commercial harvest of wild or aquacultured marine organisms, whose primary source of income is derived from these activities. “Working Waterfronts Business” includes without limitation: Licensed commercial fishermen or aquaculturists; persons providing direct services to commercial fishermen or aquaculturists, as long as provision of these direct services requires the use of Working Waterfronts real estate; and, municipal and private piers and wharves operated primarily to provide waterfront access to commercial fishermen or aquaculturists.

(26) “Working Waterfronts Covenants” means a legal document entered into by the seller and Recipient, and recorded in the public records of the county or counties in which the project is located that conveys a perpetual less than fee interest, in the property to the Recipient. This document contains the obligations, rights and responsibilities of each party, the actions that are prohibited on the property, and enforcement provisions.

Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Amended 5-16-10, Formerly 9K-9.002.