Section 62D-5.069 - DefinitionsThe basic terms utilized in this part are defined as follows.
(1) "Acquisition" means the act of obtaining real property or interests and rights therein by various legal means to serve public outdoor recreation purposes.(2) "Applicant" means a local governmental entity which submits an application for Land and Water Conservation Fund (LWCF) funds to the Department during an announced application submission period.(3) "Application" means a formal request for LWCF funds by an applicant consisting of a project proposal with required documentation.(4) "Application Submission Period" means the period of time announced by the Department in the Florida Administrative Register for the submission of LWCF applications by local governmental entities for a single funding cycle.(5) "Cash" means money paid by a grantee to purchase goods and services from private and independent sources for accomplishment of an approved LWCF project. In-kind service costs are not defined as cash.(6) "Department" means the Florida Department of Environmental Protection.(7) "Development" means the act of physically improving an area, facility, resource, or site to increase its ability or capacity to serve public outdoor recreation purposes.(8) "Division" means the Division of Recreation and Parks of the Department.(9) "Division of State Lands" means the Division of State Lands of the Department.(10) "Evaluation Criteria" means the standards used by the Department to evaluate LWCF applications.(11) "Facilities" means capital improvement projects which provide or assist in providing outdoor recreation opportunities.(12) "Fiscal Year" means the State of Florida fiscal year, July 1 - June 30.(13) "FRDAP" means the Florida Recreation Development Assistance Program administered pursuant to Chapter 62D-5, Part V, F.A.C.(14) "Funding Cycle" means the interval of time between the opening of an LWCF application submission period and grant award by the National Park Service (NPS).(15) "Grant" means program funds authorized by NPS for release to the State, and by the Secretary of the Department for release to a grantee, for implementation of an approved program project.(16) "Grantee" means a local governmental entity receiving LWCF funds pursuant to an approved LWCF application.(17) "In-Kind Service Costs" means in-house expenses incurred by a grantee for labor and materials and grantee-owned and maintained equipment for accomplishment of an approved LWCF project.(18) "Land Value" means the current appraised value of donated land used by a grantee to match LWCF funds.(19) "Linear Park" means an active or passive outdoor area of linear design that provides or connects recreation, park land, or open space areas.(20) "Local Comprehensive Plan" means a plan adopted pursuant to Chapter 163, F.S.(21) "LWCF" means the Land and Water Conservation Fund Program.(22) "Manual" means the Land and Water Conservation Fund Program Grants Manual published by the National Park Service of the United States Department of the Interior, available from the Department, Bureau of Design and Recreation Services, 3900 Commonwealth Boulevard, Mail Station 585, Tallahassee, Florida 32399-3000, (850)488-7896.(23) "Match" means the provision of cash, in-kind services and value of donated real property in the ratio required to be added to LWCF funds by the grantee for the project cost.(24) "Needs" means a deficiency in or a necessity to carry out a predetermined level of service.(25) "New Construction" means building new facilities.(26) "NPS" means the National Park Service of the United States Department of the Interior.(27) "Open Space" means an outdoor area whose purpose is to provide a source of recreation and contributes to environmental harmony through the enrichment of flora, fauna and geological features.(28) "Outdoor Recreation" means the pursuit of leisure activities in an outdoor environment.(29) "Part" means Part VII of Chapter 62D-5, F.A.C.(30) "Plan" means the currently effective state comprehensive outdoor recreation plan ("SCORP") for the State of Florida, dated March 1994 and available from the Office of Park Planning, Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #525, Tallahassee, Florida 32399-3000, (850)245-3051.(31) "Preagreement Expenses" means expenses incurred by the grantee, with Department approval, for accomplishment of an eligible LWCF project prior to execution of a project agreement.(32) "Program" means the Land and Water Conservation Fund Program.(33) "Program Amount" means the amount of LWCF funds available during any funding cycle.(34) "Project" means a planned undertaking in which all actions or activities have a clear-cut identity and a well-defined common outdoor recreation objective and which has been planned to the point of definite implementation.(35) "Project Agreement" means an executed contract between the Department and a grantee setting forth mutual obligations regarding an approved LWCF project.(36) "Project Completion Date" means the date specified in a project agreement by which the grantee shall complete an approved LWCF project and incur all grant and match-related expenses. The project is not complete until it is open to the public for use.(37) "Project Cost" means the total of the LWCF grant award and required match.(38) "Project Element" means an identified segment of a project with related facilities or improvements.(39) "Project Period" means the period of time set forth in a project agreement during which eligible project costs may be incurred and charged to the grant.(40) "Project Site" means the specific area, defined by a survey or project boundary map and legal description, where LWCF funds are used for an approved project.(41) "Real Property" means land and improvements attached to or affixed to the land.(42) "Renovation/Repair" means the restoration of a facility or project area that has deteriorated due to natural causes to the point where its usefulness is impaired to an improved state suitable for public use. This does not include restoration of a facility which has deteriorated due to inadequate maintenance during its reasonable lifetime.(43) "RTP" means Recreational Trails Program administered by the Office of Greenways and Trails of the Department pursuant to Chapter 62S-2, F.A.C.(44) "Secretary" means the Secretary of Department.(45) "Staff" means Division staff of Department.(46) "State" means the State of Florida.(47) "Waiver of Retroactivity" means written Department authorization that an acquisition project may be commenced by an applicant prior to NPS approval of a program application. Such authorization does not constitute or imply Department or NPS approval of a future LWCF application.Fla. Admin. Code Ann. R. 62D-5.069
Rulemaking Authority 258.007 FS. Law Implemented 258.004, 258.007, 375.021(4) FS.