9K-7.002. Definitions (Transferred)

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

(2) “Acquisition Plan” applies to Project Sites with multiple parcels or multiple owners and means a written description of the priority parcels and the general order in which the parcels will be acquired to assure that, in the event that all parcels cannot be acquired, the purposes of the project can be achieved.

(3) “Applicant” means an eligible Local Government entity(ies) or Nonprofit Environmental Organization entity(ies) which submit an Application(s) or Partnership Application(s) for Florida Forever funds through the Trust. An Applicant who has been approved for funding by the Trust and who has executed a Grant Contract with the Trust shall also be referred to as a Recipient.

(4) “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.

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

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

(7) “Declaration of Restrictive Covenants”, formerly known as the “Grant Award Agreement”, means a recordable document that states all conditions to be placed on the Project Site upon its conveyance to the Recipient using Trust Funds.

(8) “Department” means the Florida Department of Community Affairs.

(9) “Donation” means a voluntary transfer of title and possession of cash or 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) “Ecological Corridor” means a natural or open space corridor that connects Natural Communities to provide, enhance and protect wildlife habitat and biodiversity.

(11) “Florida Forever Funds” means proceeds from the Florida Forever Trust Fund created by Section 259.1051, F.S., and distributed to the Department of Community Affairs pursuant to Sections 259.105(3)(c) and 380.5115, F.S., for the purpose of providing Acquisition Awards through the Florida Communities Trust Florida Forever Program.

(12) “Florida National Scenic Trail” (Florida Trail) means a National Scenic Trail designated by U.S. Congress in 1983. Primarily a hiking trail, it is a recreational trail, greenway and ecological corridor extending approximately 1,400 miles through the state. The trail is recognized as Florida’s official statewide, non-motorized trail in Section 260.012(6), F.S. The Federal Administrator of the Trail, the USDA Forest Service, assisted by the Florida Trail Association, has identified a proposed route for the trail in the publication “Preferred Routing of the Florida National Scenic Trail”.

(13) “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 9J-5.006(4), F.A.C.

(14) “Governing Board” means that six-member governing body 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.

(15) “Grant Contract”, formerly known as the “Conceptual Approval Agreement”, means a written contract between the Trust and the Recipient setting forth the requirements and responsibilities for Acquisition and management of the Project Site.

(16) “Greenway” means a linear open space protected and managed as part of linked conservation lands or recreation opportunities. Greenways typically follow natural landscape features such as rivers, streams, shorelines, and abandoned railroad right-of-ways. Greenways may protect the habitat of native plants and wildlife, maintain wildlife movement routes and natural connections, or provide opportunities for outdoor recreation.

(17) “Habitat” means a natural community or communities composed of physical and biological elements that typically support populations of plants and animals.

(18) “Joint Acquisition” means the entire Project Site or a portion of the Project Site will be acquired by the Applicant and the Trust together through a voluntarily-negotiated transaction.

(19) “Listed Animal Species” means animal species listed as endangered, threatened or of special concern by the Florida Fish and Wildlife Conservation Commission in Chapter 68A-27, F.A.C.

(20) “Local Comprehensive Plan” 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.

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

(22) “Low-income Community” means a U.S. Census tract in which the median family income is less than half that of the state median family income.

(23) “Major Military Installation” includes the following areas designated by the United States Military: Avon Park Air Force Range, Camp Blanding Joint Training Center, Eglin Air Force Base & Hurlburt Field including Out Lying Field Camp Rudder and Duke, Homestead Air Force Reserve Base, MacDill Air Force Base, Naval Air Station Jacksonville including Out Lying Field Whitehouse, Naval Air Station Key West (Boca Chica), Patrick Air Force Base, Tyndall Air Force Base, Naval Station Mayport, Naval Air Station Pensacola (Pensacola Complex) including Out Lying Field Saufley and Site 8 and Naval Air Station Whiting Field including Out Lying Field Pace, Spencer, Harold, Santa Rosa, Choctaw and Holley.

(24) “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.

(25) “Match” means the provision of cash, eligible Project Costs, value of real property donated by a party(ies) other than the Applicant, or real property owned by the Applicant, provided the Match is from an eligible source as set forth in Section 259.105(3)(c), F.S.

(26) “Natural Community” means a community that is dominated by native plant species as described in the Florida Natural Areas Inventory publication, “Guide to the Natural Communities of Florida.” A Natural Community generally possesses the following characteristics: the plant species composition includes most of the more common species typical of that natural community type; the community may contain small areas of exotic or invasive plants that could be easily controlled by prescribed burning or other forms of management; evidence of historical disturbance may be present but disturbance has not destroyed or prevented the re-establishment of a mature natural community type; and, the community is not substantially disturbed by recent human activities, except for such disturbance as low intensity forestry activities that allow the natural community to recover to previous conditions.

(27) “Neighborhood Recreation Center” means a small community oriented building, generally up to 15,000 square feet, used primarily by one or more adjacent neighborhoods. The center could provide facilities for activities such as, indoor recreational programs, after school programs, summer programs, yoga classes, dance classes, or art and craft classes.

(28) “Nonprofit Environmental Organization” means a private nonprofit organization, existing under the provisions of Section 501(c)(3) of the United States Internal Revenue Code which has and can demonstrate that the conservation of natural resources or protection of the environment are among its principal purposes and goals.

(29) “Outdoor Recreation” means the pursuit of leisure-time activities that occur in an outdoor setting and that are dependent on some particular element or combination of elements in the natural environment. Examples of such activities include bicycling, walking, hiking, skating, swimming, horseback riding, boating, camping, fishing, hunting, picnicking, studying nature, and visiting archaeological and historical sites.

(30) “Partnership Application” means an Application for an Award submitted to the Trust by two or more eligible Applicants.

(31) “Phased Project” means the phased continuation of a project which has been acquired by the Trust in a prior funding cycle. The phased continuation must be adjacent (or adjacent through public ownership) to the previously acquired project. A Phased Project is generally characterized as a unified project but which, as a result of numerous owners, unique or linear configuration, or funding limitations, causes the project to be difficult or burdensome to develop and complete during a single funding cycle of the Trust and is instead developed as part of two or more Trust funding cycles.

(32) “Pre-acquired” means the Project Site or a portion of the Project Site has been acquired by the Applicant through a voluntarily-negotiated transaction within 24 months prior to the Application deadline.

(33) “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 9K-8, 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; reasonable real estate fees or commissions not to exceed $10,000 per grant Application and environmental site assessment(s) performed pursuant to Rule 9K-8.012, F.A.C.

(34) “Project Plan” means the compilation of items to be approved by the Trust that when taken together provide a detailed description of a proposed project that has received approval for an Award from the Trust. A Project Plan shall be prepared by the Recipient pursuant to the requirements of this rule chapter and Chapter 9K-8, F.A.C., and shall be approved by the Trust prior to disbursement of Florida Forever Funds.

(35) “Project Site” means the specific area(s), defined by a boundary map or legal description and Certified Survey, where Trust funds are proposed in an Application to be used for all or a portion of the Acquisition. Project Site may include non-contiguous areas, so long as connectivity through other public ownership (excluding road right-of-ways and water bodies) is demonstrated, and the non-contiguous areas are part of a unified scheme of development and management, or the project includes non-contiguous parcels that are part of a local government adopted riverwalks or beach boardwalk plans, listed species habitat or riverine corridor protection plan. Parcels contained within a riverwalk or beach boardwalk plan shall be within one mile of each other. For listed species habitat protection plans, all parcels are required to be within two miles of each other. For riverine corridor protection plans all parcels are required to be within five miles of each other. Project Sites divided by small water bodies, such as narrow streams, may be considered if the project is part of a unified scheme and the small water body does not fragment the Project Site. Project Sites divided by a two-lane road that can be safely crossed may be considered if the site fragmentation caused by the road does not diminish pedestrian access or recreational opportunities.

(36) “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 inquiry into: 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 or real estate; and the character and background of the Applicant’s partners, directors, officers, managers, project administrators, controlling shareholders (if applicable), and appointed or elected officials.

(37) “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.

(38) “Recreational Trail” means a linear land-based corridor for recreation purposes which may include, but is not limited to, bicycling, walking, running, skating, and horseback riding.

(39) “Recreational Trail System” means a network of Recreation Trail(s) and adjacent support parcels connecting parks, schools, residential and commercial or retail areas for recreation and authorized alternative modes of transportation. For a Recreational Trail System that is primarily located within road right-of-ways, the trail shall consist of either stabilized soils or paved trail separated from the road with occasional limited use of sidewalks that make critical connections within the system.

(40) “Reimbursement” means recognition of those eligible Project Costs incurred for Pre-acquired parcel(s) or Reimbursement Acquisition parcels.

(41) “Reimbursement Acquisition” means the entire Project Site or remaining portion of the Project Site will be acquired by the Applicant through a voluntarily-negotiated transaction after the application deadline and within the terms of the Grant Contract.

(42) “State Designated Paddling Trail” means a mapped paddling trail that has been officially designated by the State Legislature or the Office of Greenways and Trails.

(43) “Trust” means the Florida Communities Trust, a nonregulatory agency and instrumentality, which is a public body corporate and politic, created within the Department of Community Affairs pursuant to Chapter 380, Part III, F.S., or the Governing Board of the Florida Communities Trust.

(44) “Urban Area” means an area of or for development characterized by social, economic and institutional activities which are predominantly based on the manufacture, production, distribution, or provision of goods and services in a setting which typically includes residential and nonresidential development uses other than those which are characteristic of rural areas.

(45) “Urban Service Area” means built-up areas where public facilities and services such as sewage treatment systems, roads, schools, and recreation areas, are already in place. For the purpose of this rule, it may also include other similar designations that have been formally adopted by a local government on its Future Land Use Map, or it may be an area that is currently provided services such as those listed above.

(46) “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.

Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 5-27-01, Amended 5-20-02, 2-7-05, 2-19-07, 2-8-10.