(1) “”Acquisition”” means the act of obtaining real property or interests and rights therein by various legal means.
    (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 entity eligible pursuant to this rule chapter to submit an application for Preservation 2000 funds through the Florida Communities Trust.
    (4) “”Application”” means a formal request by an applicant on an approved form for Preservation 2000 funds from the Florida Communities Trust, consisting of a project proposal with required documentation submitted pursuant to this rule chapter.
    (5) “”Award”” means a loan, grant or matching grant from the Trust authorized pursuant to the procedures developed in this rule chapter.
    (6) “”Coastal Management Element”” means that portion of a local comprehensive plan prepared pursuant to Section 163.3177(6)(g), F.S., and Fl. Admin. Code R. 9J-5.012
    (7) “”Conservation Element”” means that portion of a local comprehensive plan prepared pursuant to Section 163.3177(6)(d), F.S., and Fl. Admin. Code R. 9J-5.013
    (8) “”Department”” means the Florida Department of Environmental Protection.
    (9) “”Donation”” means a voluntary transfer of title and possession of cash or real property to another without any consideration; the conveyance of land by the landowner at a purchase price below its market value can be considered a donation of a portion of the purchase price only when the landowner 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) “”Future Land Use Element”” means that portion of a local comprehensive plan prepared pursuant to Section 163.3177(6)(a), F.S., and Fl. Admin. Code R. 9J-5.006
    (11) “”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.
    (12) “”Governing Body”” means that four-member entity described in Sections 380.504 and 380.505, F.S.; the powers of the Trust are vested in its governing body members, pursuant to Florida Statutes § 380.505
    (13) “”Grant”” means an award of funds made for the benefit of an applicant and used to acquire real property.
    (14) “”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, man-made corridors such as utility and abandoned railroad right-of-ways, and scenic roadways. Greenways may protect the habitat of native plants and wildlife, maintain wildlife movement routes and natural connections, or provide opportunities for outdoor recreation.
    (15) “”Habitat”” means a natural community or communities composed of physical and biological elements that typically support populations of plants and animals.
    (16) “”High Aquifer Recharge Area”” means generally within, but not limited to, high recharge areas that are afforded a higher level of protection due to contributions to present and future ground water including the protection and maintenance of natural systems and public water supply.
    (17) “”Listed Species”” means animal species listed as endangered, threatened or of special concern by the Fish and Wildlife Conservation Commission in Rules 68A-27.003, .004, and .005, F.A.C.; plant species listed as endangered or threatened in Sections 581.185(5)(a)-(b), F.S.; or any plant or animal species identified or designated in the comprehensive plan or ordinance by the local government as being of local concern and warranting special protection.
    (18) “”Local Comprehensive Plan”” as defined in Florida Statutes § 380.503(4), 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 Florida Statutes § 163.3184
    (19) “”Local Government”” means counties and municipalities of the State of Florida.
    (20) “”Local Match”” means the provision of cash, project costs unfunded by the Trust, value of real property donated by a party or parties other than the applicant, or real property owned by the applicant, provided the match is from an eligible source as set forth in subsection 62-815.0031(9), F.A.C., and added to Florida Communities Trust award by the applicant for the project cost.
    (21) “”Matching Grant”” means an award made for the benefit of an applicant based upon an applicant’s commitment to provide the remainder of the total Project Cost.
    (22) “”Native Vegetative Community”” means a natural community that is dominated by native plant species and is structured as a natural community type described in the Florida Natural Areas Inventory publication, “”Guide to the Natural Communities of Florida””. A native vegetative 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.
    (23) “”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. These activities include, but are not limited to, saltwater beach and shoreline activities, bicycle riding, boating, camping, fishing, hiking, horseback riding, hunting, nature study, picnicking, freshwater swimming, and visiting archaeological and historical sites.
    (24) “”Partnership Application”” means a joint application for an award submitted to the Trust by two or more eligible applicants.
    (25) “”Population,”” when used in this rule chapter, shall be based upon the most recent edition of Florida Estimates of Population as published annually by the Population Division, Bureau of Economic and Business Research, University of Florida.
    (26) “”Preacquired”” means the Project Site or a portion of the Project Site has been acquired by the applicant through a voluntarily-negotiated transaction within one year prior to the application deadline or will be acquired by the applicant within 180 days after the application deadline. The use of condemnation or the threat of condemnation is not considered a voluntarily-negotiated transaction.
    (27) “”Preservation 2000 Funds”” means proceeds from the Preservation 2000 Trust Fund created by Florida Statutes § 375.045, distributed to the Department of Environmental Protection pursuant to Section 259.101(3)(c), F.S., for the purpose of providing land acquisition awards through the Florida Communities Trust Preservation 2000 Program.
    (28) “”Project”” means any work on, improvement to, or acquisition of real property, buildings, or any other property.
    (29) “”Project Area”” means those lands and waters within and adjacent to the applicant’s jurisdiction that may affect the project site.
    (30) “”Project Cost”” means the total of acquisition costs and may include the cost of the following items prepared consistent with Rule Fl. Admin. Code Chapter 62-817: purchase price for acquisition of all or a portion of the Project Site; certified survey and/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); and appraisal review; evidence of marketable title; cost of title report and title insurance premium; reasonable real estate fees or other eligible fees or commissions paid by the applicant for acquisition services provided to and for the benefit of the applicant, if any; and costs of environmental site assessment.
    (31) “”Project Plan”” means a collection of items that when taken together provide a detailed description of a proposed project that has received conceptual approval for an award from the Trust; a project plan shall be prepared pursuant to the requirements of Fl. Admin. Code R. 62-815.011
    (32) “”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. Project site may include non-contiguous areas, so long as connectivity through other public ownership, excluding road right-of-way unless parcels are directly across a road from each other, is demonstrated.
    (33) “”Real Property”” means any interest in land and may also include any appurtenances and improvements to the land.
    (34) “”Recreation and Open Space Element”” means that portion of a local comprehensive plan prepared pursuant to Section 163.3177(6)(e), F.S., and the general requirements of Fl. Admin. Code R. 9J-5.005
    (35) “”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 Florida Statutes Chapter 380, Part III, or the governing body of the Florida Communities Trust.
    (36) “”Urban Area”” as defined in subsection 9J-5.003(139), F.A.C., 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.
    (37) “”Urban Greenways and Open Space Project”” means action taken to acquire lands or interest in lands to create a linear open space protected and managed as part of linked conservation lands or recreational opportunities in an urban area, or to preserve open space or historic sites to enhance recreational and cultural opportunities in an urban area.
    (38) “”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.
    (39) “”Urban Open Space”” means located within a built-up urban area and will be managed as an open area either in its natural state, landscaped or developed for minimal passive use.
    (40) “”Urban Service Area”” as defined in Florida Statutes § 163.3166(29), 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.
    (41) “”Voluntarily-Negotiated Transaction”” means an arms 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 Florida Statutes § 380.507(11). Law Implemented 259.101, 375.045, 380.501-.515 FS. History-New 11-3-91, Amended 11-1-92, 9-19-94, 2-9-98, Formerly 9K-4.002.