Florida Regulations 62S-1.100: Definitions
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Whenever used in this chapter or in the forms prescribed for use with this chapter, the words defined in Florida Statutes § 260.013, shall have the same meaning and the following terms (whether or not capitalized) shall have the meanings stated below unless the context clearly indicates otherwise:
(1) “”Act”” means the Florida Greenways and Trails Act, Florida Statutes Chapter 260
(2) “”Council”” means the Florida Greenways and Trails Council described in Florida Statutes § 260.0142
(3) “”Cross Florida Greenways State Recreation and Conservation Area”” means the network of greenways and trails created by Florida Statutes § 253.781, including those portions of the Oklawaha River Valley and other lands and interests previously acquired by the state or federal government for construction and operation of the Cross Florida Barge Canal, the original corridor of which is specified in the Greenway Management Plan prepared by the University Planning Team of the University of Florida.
(4) “”Department”” means the Department of Environmental Protection.
(5) “”Designation Agreement”” means a binding written contract between the Office of Greenways and Trails, on behalf of the Department, and the owner of lands upon or over which a designated greenway or trail is located (or will be located), providing the terms and conditions upon which the owner agrees to have his, her or its lands or waterways designated as part of the Florida Greenways and Trails System. At a minimum, the Designation Agreement shall address the items described in subsection 62S-1.400(5) or 62S-1.450(6), F.A.C.
(6) “”Florida Forever Funds”” means moneys from the Florida Forever Trust Fund created by Florida Statutes § 259.1051 (1999), and distributed to the Department pursuant to Section 259.105(3)(g), F.S. (1999), for the acquisition of lands under the Florida Greenways and Trails Program.
(7) “”Greenways and trails support organization”” means a formal or informal group, whether incorporated or unincorporated, tax-exempt or non-tax-exempt, that conducts programs or activities that directly support the establishment, development, maintenance or management of a greenway or trail.
(8) “”Implementation Plan”” means the five-year implementation plan entitled “”Connecting Florida’s Communities with Greenways and Trails,”” prepared by the Florida Department of Environmental Protection and the Florida Greenways Coordinating Council and dated September 1998.
(9) “”Landowner”” or “”owner”” means the legal and equitable owner(s) of fee simple title in and to real property.
(10) “”Less-than-fee acquisition”” means the purchase of an interest in property that is less than the entire fee simple estate (which is one in which the owner is entitled to the entire property with the unconditional power of disposition during the owner’s life and which will descend to his or her heirs and legal representatives upon the owner’s death intestate). The most common less-than-fee acquisition alternatives are purchase of development rights, conservation easements, land protection agreements, life estates, and purchase of specific rights or interests.
(11) “”Management plan”” means a written document that describes the management goals for a project; conditions that will affect the intensity of management; an estimate of the revenue-generating potential of the project, if applicable; a description of potential multiple-use activities as described in Sections 259.032 and 253.034, F.S.; a timetable for implementing the various stages of management and for providing access to the public, if applicable; provisions for protecting existing infrastructure and for ensuring the security of the project upon acquisition; the anticipated costs of management and projected sources of revenue to fund management needs (including legislative appropriations); recommendations on the number of employees necessary to manage the project; and recommendations for management involvement by local governments, greenways and trails citizen support organizations, prior landowners or other interested parties.
(12) “”Managing entity”” means the agency, governmental entity, corporation, organization or other authority that has undertaken and is responsible for the day-to-day operation, protection, maintenance and stewardship of a specified greenway or trail, or network of greenways or trails, under a management plan or designation agreement with the holder of the ownership, proprietorship, or other beneficial interest in the property upon or over which the greenway or trail segment is located.
(13) “”OGT”” means the Office of Greenways and Trails of the Department.
(14) “”Person”” means any individual, corporation, partnership, firm, association, joint venture, estate, trust, business trust, syndicate, fiduciary, commission, county, municipality or political subdivision of a state, any interstate body, the federal government or any subdivision thereof and all other groups or combinations, whether public or private.
(15) “”Planned project corridor”” means the proposed path of a greenway or trail described in an Application for Acquisition of Land and comprised exclusively of those parcels of real property for which Willing Owner Certificates have been executed for 80 percent of the parcels and submitted with the Application.
(16) “”Project”” means a discrete and identifiable plan or undertaking which describes in detail the acquisition, development, designation, use or management of certain lands or waterways within the Florida Greenways and Trails System.
(17) “”Project boundary”” means a conceptual outline or drawing that depicts the maximum physical boundaries for a proposed greenway or trail. The project boundary will incorporate not only the planned project corridor, but also any adjacent lands or waterways that could be included within the greenway or trail if one or more parcels within the planned project corridor cannot be acquired in the precise configuration delineated in its legal description.
(18) “”Proposal”” means the application and supporting documentation submitted to OGT for consideration in one or more of the procedures established by this chapter for the evaluation, selection, acquisition, designation, use or management of lands or waterways within the Florida Greenways and Trails System.
(19) “”Public Conservation or Recreation Lands or Waterways”” means lands or waterways owned by a national, state, regional or local governmental entity. The following categories of public lands and waterways would typically qualify for designation as part of the Florida Greenways and Trails System:
(a) National parks, forests and trails, preserves, seashores, wildlife refuges, wild and scenic rivers, military reservations and Native American lands;
(b) State park units, forests, recreation areas, submerged lands, wildlife management areas, historic and archaeological sites, ornamental and botanical gardens, university system properties, museums and other special feature sites, public game areas, preserves and reserves;
(c) Lands owned by any port authority, flood control district, water management district, navigation district or other agency created by general or special act; and,
(d) Local government conservation and recreation lands and urban open space areas.
(20) “”Quorum”” means the minimum number of members legally necessary to conduct official business of an elected or appointed body when duly assembled.
(21) “”Recreational Prioritization Maps”” means the opportunity maps contained in the document titled Prioritization of Recreational Trail Opportunities for the State of Florida developed by OGT in coordination with the University of Florida, and approved by the Council on May 18, 2002, that rank the opportunity segments shown on the Implementation Plan maps as high, medium, or low priority, based upon criteria approved by the Council. These maps can be obtained by writing to the Office of Greenways and Trails, Department of Environmental Protection, 3900 Commonwealth Blvd., Mail Station #795, Tallahassee, FL 32399-3000, or through OGT’s website address, www.floridagreenwaysandtrails.com.
(22) “”Sponsor”” means the person, organization, coalition or government agency (or any combination thereof) that submits to OGT an application for OGT’s acquisition or designation of lands or waterways as components of the Florida Greenways and Trails System, with the intent of being responsible for the planning, establishment, development, maintenance and/or management of the proposed project. The Sponsor of a project can be the landowner or managing entity of the lands or waterways proposed for acquisition or designation.
Rulemaking Authority 260.016(1)(c) FS. Law Implemented 253.781, 260.0142, 260.015, 260.016 FS. History-New 7-11-00, Amended 7-10-03.
Terms Used In Florida Regulations 62S-1.100
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fiduciary: A trustee, executor, or administrator.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) “”Council”” means the Florida Greenways and Trails Council described in Florida Statutes § 260.0142
(3) “”Cross Florida Greenways State Recreation and Conservation Area”” means the network of greenways and trails created by Florida Statutes § 253.781, including those portions of the Oklawaha River Valley and other lands and interests previously acquired by the state or federal government for construction and operation of the Cross Florida Barge Canal, the original corridor of which is specified in the Greenway Management Plan prepared by the University Planning Team of the University of Florida.
(4) “”Department”” means the Department of Environmental Protection.
(5) “”Designation Agreement”” means a binding written contract between the Office of Greenways and Trails, on behalf of the Department, and the owner of lands upon or over which a designated greenway or trail is located (or will be located), providing the terms and conditions upon which the owner agrees to have his, her or its lands or waterways designated as part of the Florida Greenways and Trails System. At a minimum, the Designation Agreement shall address the items described in subsection 62S-1.400(5) or 62S-1.450(6), F.A.C.
(6) “”Florida Forever Funds”” means moneys from the Florida Forever Trust Fund created by Florida Statutes § 259.1051 (1999), and distributed to the Department pursuant to Section 259.105(3)(g), F.S. (1999), for the acquisition of lands under the Florida Greenways and Trails Program.
(7) “”Greenways and trails support organization”” means a formal or informal group, whether incorporated or unincorporated, tax-exempt or non-tax-exempt, that conducts programs or activities that directly support the establishment, development, maintenance or management of a greenway or trail.
(8) “”Implementation Plan”” means the five-year implementation plan entitled “”Connecting Florida’s Communities with Greenways and Trails,”” prepared by the Florida Department of Environmental Protection and the Florida Greenways Coordinating Council and dated September 1998.
(9) “”Landowner”” or “”owner”” means the legal and equitable owner(s) of fee simple title in and to real property.
(10) “”Less-than-fee acquisition”” means the purchase of an interest in property that is less than the entire fee simple estate (which is one in which the owner is entitled to the entire property with the unconditional power of disposition during the owner’s life and which will descend to his or her heirs and legal representatives upon the owner’s death intestate). The most common less-than-fee acquisition alternatives are purchase of development rights, conservation easements, land protection agreements, life estates, and purchase of specific rights or interests.
(11) “”Management plan”” means a written document that describes the management goals for a project; conditions that will affect the intensity of management; an estimate of the revenue-generating potential of the project, if applicable; a description of potential multiple-use activities as described in Sections 259.032 and 253.034, F.S.; a timetable for implementing the various stages of management and for providing access to the public, if applicable; provisions for protecting existing infrastructure and for ensuring the security of the project upon acquisition; the anticipated costs of management and projected sources of revenue to fund management needs (including legislative appropriations); recommendations on the number of employees necessary to manage the project; and recommendations for management involvement by local governments, greenways and trails citizen support organizations, prior landowners or other interested parties.
(12) “”Managing entity”” means the agency, governmental entity, corporation, organization or other authority that has undertaken and is responsible for the day-to-day operation, protection, maintenance and stewardship of a specified greenway or trail, or network of greenways or trails, under a management plan or designation agreement with the holder of the ownership, proprietorship, or other beneficial interest in the property upon or over which the greenway or trail segment is located.
(13) “”OGT”” means the Office of Greenways and Trails of the Department.
(14) “”Person”” means any individual, corporation, partnership, firm, association, joint venture, estate, trust, business trust, syndicate, fiduciary, commission, county, municipality or political subdivision of a state, any interstate body, the federal government or any subdivision thereof and all other groups or combinations, whether public or private.
(15) “”Planned project corridor”” means the proposed path of a greenway or trail described in an Application for Acquisition of Land and comprised exclusively of those parcels of real property for which Willing Owner Certificates have been executed for 80 percent of the parcels and submitted with the Application.
(16) “”Project”” means a discrete and identifiable plan or undertaking which describes in detail the acquisition, development, designation, use or management of certain lands or waterways within the Florida Greenways and Trails System.
(17) “”Project boundary”” means a conceptual outline or drawing that depicts the maximum physical boundaries for a proposed greenway or trail. The project boundary will incorporate not only the planned project corridor, but also any adjacent lands or waterways that could be included within the greenway or trail if one or more parcels within the planned project corridor cannot be acquired in the precise configuration delineated in its legal description.
(18) “”Proposal”” means the application and supporting documentation submitted to OGT for consideration in one or more of the procedures established by this chapter for the evaluation, selection, acquisition, designation, use or management of lands or waterways within the Florida Greenways and Trails System.
(19) “”Public Conservation or Recreation Lands or Waterways”” means lands or waterways owned by a national, state, regional or local governmental entity. The following categories of public lands and waterways would typically qualify for designation as part of the Florida Greenways and Trails System:
(a) National parks, forests and trails, preserves, seashores, wildlife refuges, wild and scenic rivers, military reservations and Native American lands;
(b) State park units, forests, recreation areas, submerged lands, wildlife management areas, historic and archaeological sites, ornamental and botanical gardens, university system properties, museums and other special feature sites, public game areas, preserves and reserves;
(c) Lands owned by any port authority, flood control district, water management district, navigation district or other agency created by general or special act; and,
(d) Local government conservation and recreation lands and urban open space areas.
(20) “”Quorum”” means the minimum number of members legally necessary to conduct official business of an elected or appointed body when duly assembled.
(21) “”Recreational Prioritization Maps”” means the opportunity maps contained in the document titled Prioritization of Recreational Trail Opportunities for the State of Florida developed by OGT in coordination with the University of Florida, and approved by the Council on May 18, 2002, that rank the opportunity segments shown on the Implementation Plan maps as high, medium, or low priority, based upon criteria approved by the Council. These maps can be obtained by writing to the Office of Greenways and Trails, Department of Environmental Protection, 3900 Commonwealth Blvd., Mail Station #795, Tallahassee, FL 32399-3000, or through OGT’s website address, www.floridagreenwaysandtrails.com.
(22) “”Sponsor”” means the person, organization, coalition or government agency (or any combination thereof) that submits to OGT an application for OGT’s acquisition or designation of lands or waterways as components of the Florida Greenways and Trails System, with the intent of being responsible for the planning, establishment, development, maintenance and/or management of the proposed project. The Sponsor of a project can be the landowner or managing entity of the lands or waterways proposed for acquisition or designation.
Rulemaking Authority 260.016(1)(c) FS. Law Implemented 253.781, 260.0142, 260.015, 260.016 FS. History-New 7-11-00, Amended 7-10-03.