Fla. Admin. Code R. 40C-9.021

Current through Reg. 50, No. 244; December 17, 2024

Section 40C-9.021 - Definitions

When used herein:

(1) "Acquisition" means the reduction of the title to land to be acquired to fee, or in the discretion of the District such other legal interest necessary for water management, water supply and the conservation and protection of water resources.

(2) "Concession" means the privilege to establish a commercial operation or business on District Lands.

(3) "Conservation Easement" means an easement in real property whereby the District is the dominant tenant for the purposes of the easement but does not own the underlying fee title. A Conservation Easement will place restrictions upon utilization of the property by the underlying fee owner and may include a grant to the District of affirmative rights of utilization in the property, including the right to permit public access. Any utilization for public access shall not exceed the express grant of the Conservation Easement, and may be further limited by the District through the establishment of site-specific policies regarding public utilization.

(4) "Department" means Florida Department of Environmental Protection.

(5) "Designee" means any of the following: the Assistant Executive Director, Director or Assistant Director of the Division of Water and Land Resources, Chief of the Bureau of Real Estate Services, or Chief of the Bureau of Land Resources.

(6) "District" means the St. Johns River Water Management District, operating under the authority of Chapter 373, F.S.

(7) "District Land" means any real property in which the District has an equitable or legal interest that allows the District to possess, or control entry upon or limit or engage in specific uses of the property. District Land includes Conservation Easements.

(8) "District Lease" means the granting of either an exclusive or non-exclusive use of or interest in District Lands for a specified period of time.

(9) "Facility" or "Structure" means any object placed on District Lands which is intended to be permanently attached to the land, or which would be considered a fixture under Florida law.

(10) "Fund" means the Water Management Lands Trust Fund, Preservation 2000 funds and Florida Forever funds.

(11) "Mobility impaired persons" means a person having a State of Florida Mobility-Impaired Eligibility Certification (Florida Physician's Certification) administered through the Florida Fish and Wildlife Conservation Commission.

(12) "Motorized Vehicle" means any vehicle which travels over land and is partially or completely powered by a motor, and animal-drawn carriages and buggies.

(13) "Plan" means the five year plan as approved by the Governing Board of the St. Johns River Water Management District.

(14) "Project" means a parcel or parcels of land in a discrete unit of purchase.

(15) "Resource-based" means an activity that depends on natural resources for its occurrence such as fishing, boating, camping, wildlife study, or hunting.

(16) "Secretary" means the Secretary of the Florida Department of Environmental Protection.

(17) "Special Use Authorization" means the granting of a privilege to go on or use District Land for a certain purpose which does not confer any property or possessory interest to the user.

(18) "Survey" means a certified survey signed by a licensed land surveyor authorized to practice surveying in the State of Florida.

Fla. Admin. Code Ann. R. 40C-9.021

Rulemaking Authority 373.044, 373.113, 373.139, 373.1391 FS. Law Implemented 259.105, 373.056, 373.088, 373.089, 373.093, 373.096, 373.099, 373.139, 373.1391, 373.199, 373.59 FS.

New 6-15-82, Amended 1-16-94, 5-11-94, 7-30-01, 6-7-04.