Title: Rules of The Department of Environmental Regulation, Chapter 17-41, Water Management Lands Trust Fund. 4p.
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Permanent Link: http://ufdc.ufl.edu/UF00052599/00001
 Material Information
Title: Rules of The Department of Environmental Regulation, Chapter 17-41, Water Management Lands Trust Fund. 4p.
Physical Description: Book
Spatial Coverage: North America -- United States of America -- Florida
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052599
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text




17-41.01 Declaration and Intent

17-41.02 Definitions

17-41.03 Release of Funds

17-41.04 District Share of Acquisition Costs

17-41.01 Declaration and Intent (Reserved)

17-41.02 Definitions

(1) Acquisition Costs shall mean costs actually incurred by a

water management district, relating directly to the acquisition

of te fee or other interest in lands ^ <

(2) Department shall mean the Department of Enironmental


(3) District shall mean any one of the five water management

districts created pursuant to Section 373.069, Florida Statutes.

(4) Fund shall mean the Water Management Lands Trust Fund.

(5) Funding shall mean the use of moneys in the Water

Management Lands Trust Fund and, in the case of the water

management districts, the contribution of moneys or donated lands

Conveyed after August 1, 1981 and maintained for the purposes of
( this Chapter.

(6) Lands shall mean the real property in which the fee or

other interest has been acquired or is intended to be acquired,

for the purposes described in Section 373.590(3), Florida


(7) Year shall mean the State fiscal year.

17-41.03 Release of Funds

(1) Funds shall be released to a district within a reasonable

time, not to exceed thirty (30) days, upon receipt by the

Department of a formal resolution adopted by the Governing Board

which includes the following items:

(a) A statement of the legal interest acquired or sought to

be acquired in lands for which the release is requested;

(b) A description of the lands, or portions thereof, in

which an interest has been acquired or is sought to be

acquired, along with a general visual representation on a


(c) A certification of the following:

1. That the acquisition of lands or interests therein

for which a release is requested is consistent with the A

five-year plan for acquisition filed with the

Legislature and the Department, or in the case of lands

acquired prior to July 15, 1982, is consistent with

Section 373.590(2)(a), Florida Statutes.

2. That any donated lands, intended to be used in

funding the acquisition of interests in other water

management lands were conveyed to the district on or

after August 1, 198 and are being maintained for the

purposes of water management, water supply and the

conservator nd protection of water resources; d

3. That the requested fund wi 1 only be used for the

acquisition costs of lands;

_ 4. That lands acquired pur uant to this Chapter shall

be made available fcreational uos whii
__rjot rc t .... ... thth.. ...

5. That lands acquired with moneys from the fund

QC) shall be maintained in an environmentally acceptable

manner, and to the extent practicable, in such a way as

to restore and protect their natural state and

conditions; and

6. ThaL.should the district dispose of any lands or

interests acquired pursuant to Section 373.590, Florida

Statutes, all revenues derived therefrom will be used

to acquire other lands for water management purposes.

44P For lards acquired by eminent domain, a district shall.A r --4

i N N- t Ghe Governin, Boardr esblutio athorizing (

condemnation proceedings, aa r ques. from the istric legal O

counsel for the release of funds sufficient to pay th State
-_-- %, r 4 ,~00 _e-01-to V
share of\the final judgmen of condemnation or t

cou t order.

(3) All lands to be acquired and donated lands to be used in

providing the district match shall be appraised by at least one

independent real estate appraiser and a copy thereof shall be

submitted with the request for release of funds.

(4) ,all not be requested by the districts more than

hfrt 3) 3 ys prior to the anticipated closing date, or the

anticipated date of deposit with the court of registry in the

case of eminent domain proceedings.

17-41.04 District Share of Acquisition Costs

(1) The first $2 million allocated to each district annually

shall be exempt from the matching requirement. If a district's

total annual allocation is less than $2 million, only the amount

of the actual annual allocation shall be exempt.

(2) Amounts exempted from the matching requirement shall be

cumulative and may be used in subsequent years to acquire lands

or to reimburse the districts for lands acquired in prior funding

years but after August 1, 1981.

(3) The appraisal value of donated lands conveyed to a district

on or after August 1, 1981 which are necessary for water

management, water supply and the conservation and protection of

water resources, may be used to establish the district share of

land acquisition cc cs, provided that the dona _d lands are

within the jurisdictional boundaries of the district and provided

further that

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