Florida Regulations 62-819.002: Definitions
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The definitions set forth in Fl. Admin. Code R. 62-818.002, shall apply as used in this rule chapter and are incorporated herein by reference. Additionally, the following definitions shall apply as used in this rule chapter:
(1) “”Agent”” means an authorized representative assisting the Applicant, Recipient, or Trust to negotiate and acquire real property, such as attorneys, real estate brokers, and cooperating governmental agencies. As required under Florida Statutes Chapter 475, when real estate services are performed for compensation or other valuable consideration in connection with any acquisition, sale, lease, or exchange under this chapter, the Agent shall have a current, valid and active Florida real estate license.
(2) “”Appraisal Services”” has the same meaning as provided in Fl. Admin. Code R. 18-1.002
(3) “”Appraisal Report”” means the written analyses, opinions, and conclusions issued by an Approved Appraiser in connection with the Acquisition of any interest in real property under this rule chapter or Fl. Admin. Code Chapter 62-818
(4) “”Approved Appraisal”” has the same meaning as provided in Fl. Admin. Code R. 18-1.002
(5) “”Approved Appraiser”” means an Appraiser who has the necessary background, qualifications and experience to appraise the interest in real estate being acquired under this chapter and whose name is on the current list of approved appraisers on file with the Division of State Lands, Department of Environmental Protection.
(6) “”Approved Survey”” means a Certified Survey that has been reviewed and approved by the Trust.
(7) “”Certified Survey”” means a survey, as further defined in Fl. Admin. Code R. 62-819.006, that is certified, signed and sealed by a registered land surveyor authorized to practice surveying in the State pursuant to Florida Statutes Chapter 472
(8) “”Confidential”” refers to information that shall not be available for public disclosure or inspection and is exempt from the provisions of Florida Statutes § 119.07
(9) “”Hazardous Materials Contamination”” means radon, PCBs, oil or other petroleum based products, chemicals, any noxious, hazardous, offensive, explosive or toxic substances or waste, or any hazardous materials or toxic substances as such terms are defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq. (CERCLA), the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq. (HMTA), the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 5101 et seq. (RCRA), and the regulations adopted pursuant thereto.
(10) “”Market Value”” has the same meaning as provided in Fl. Admin. Code R. 18-1.002
(11) “”Minimum Technical Standards”” means the Minimum Technical Standards for Surveyors as set forth by the Florida Board of Professional Surveyors and Mappers pursuant to Florida Statutes Chapter 472, and Fl. Admin. Code Chapter 61G17-6
(12) “”Option Agreement”” or “”Option Contract”” means a proposed written agreement between the Recipient and the Trust to purchase all or a portion of the property lying within the Project Site, subject to the approval of the Recipient’s governing body and the Trust after appropriate notice and hearing (as may be required).
(13) “”Owner(s)”” or “”Seller(s)”” means the fee simple title owner(s) of the Project Site.
(14) “”Purchase Agreement”” means the various types of written contracts to purchase real property, including purchase agreements, Option Agreements, exchange agreements and other forms of such agreements, that become binding on all parties to the contract at the time the Purchase Agreement is duly executed.
(15) “”Safe Upland Line”” means a line at or above the mean or ordinary high water line used to calculate the acreage of a parcel of land.
(16) “”Title Insurance Commitment”” means a written agreement issued by a Florida licensed title insurer agreeing to issue to the Recipient, the Trust, or the Board of Trustees, individually or as co-insureds, upon the recording of the deed, an owner’s policy of title insurance in the amount of the Project Site’s purchase price insuring marketability of title to the Project Site, subject only to liens, encumbrances, exceptions or qualifications that are acceptable to the Trust and the Recipient, and those which will be discharged by the Owner(s) at closing.
(17) “”Uniform Standards of Professional Appraisal Practice”” (“”USPAP””) has the same meaning as provided in Fl. Admin. Code R. 18-1.002
Rulemaking Authority Florida Statutes § 380.507(11). Law Implemented 259.105, 380.501-.515 FS. History-New 5-27-01, Amended 5-20-02, 2-19-07, Formerly 9K-8.002, Amended 6-9-13.
Terms Used In Florida Regulations 62-819.002
- Appraisal: A determination of property value.
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) “”Appraisal Services”” has the same meaning as provided in Fl. Admin. Code R. 18-1.002
(3) “”Appraisal Report”” means the written analyses, opinions, and conclusions issued by an Approved Appraiser in connection with the Acquisition of any interest in real property under this rule chapter or Fl. Admin. Code Chapter 62-818
(4) “”Approved Appraisal”” has the same meaning as provided in Fl. Admin. Code R. 18-1.002
(5) “”Approved Appraiser”” means an Appraiser who has the necessary background, qualifications and experience to appraise the interest in real estate being acquired under this chapter and whose name is on the current list of approved appraisers on file with the Division of State Lands, Department of Environmental Protection.
(6) “”Approved Survey”” means a Certified Survey that has been reviewed and approved by the Trust.
(7) “”Certified Survey”” means a survey, as further defined in Fl. Admin. Code R. 62-819.006, that is certified, signed and sealed by a registered land surveyor authorized to practice surveying in the State pursuant to Florida Statutes Chapter 472
(8) “”Confidential”” refers to information that shall not be available for public disclosure or inspection and is exempt from the provisions of Florida Statutes § 119.07
(9) “”Hazardous Materials Contamination”” means radon, PCBs, oil or other petroleum based products, chemicals, any noxious, hazardous, offensive, explosive or toxic substances or waste, or any hazardous materials or toxic substances as such terms are defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq. (CERCLA), the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq. (HMTA), the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 5101 et seq. (RCRA), and the regulations adopted pursuant thereto.
(10) “”Market Value”” has the same meaning as provided in Fl. Admin. Code R. 18-1.002
(11) “”Minimum Technical Standards”” means the Minimum Technical Standards for Surveyors as set forth by the Florida Board of Professional Surveyors and Mappers pursuant to Florida Statutes Chapter 472, and Fl. Admin. Code Chapter 61G17-6
(12) “”Option Agreement”” or “”Option Contract”” means a proposed written agreement between the Recipient and the Trust to purchase all or a portion of the property lying within the Project Site, subject to the approval of the Recipient’s governing body and the Trust after appropriate notice and hearing (as may be required).
(13) “”Owner(s)”” or “”Seller(s)”” means the fee simple title owner(s) of the Project Site.
(14) “”Purchase Agreement”” means the various types of written contracts to purchase real property, including purchase agreements, Option Agreements, exchange agreements and other forms of such agreements, that become binding on all parties to the contract at the time the Purchase Agreement is duly executed.
(15) “”Safe Upland Line”” means a line at or above the mean or ordinary high water line used to calculate the acreage of a parcel of land.
(16) “”Title Insurance Commitment”” means a written agreement issued by a Florida licensed title insurer agreeing to issue to the Recipient, the Trust, or the Board of Trustees, individually or as co-insureds, upon the recording of the deed, an owner’s policy of title insurance in the amount of the Project Site’s purchase price insuring marketability of title to the Project Site, subject only to liens, encumbrances, exceptions or qualifications that are acceptable to the Trust and the Recipient, and those which will be discharged by the Owner(s) at closing.
(17) “”Uniform Standards of Professional Appraisal Practice”” (“”USPAP””) has the same meaning as provided in Fl. Admin. Code R. 18-1.002
Rulemaking Authority Florida Statutes § 380.507(11). Law Implemented 259.105, 380.501-.515 FS. History-New 5-27-01, Amended 5-20-02, 2-19-07, Formerly 9K-8.002, Amended 6-9-13.