|
In
the N E W S
U.S.
Supreme Court Strikes Blow Against
Beachfront Property Owners' Rights
FEMA REGULATIONS -- See David Levin's PowerPoint
Slides [click here]
GLOSSARY
OF IMPORTANT TERMS
[click here]
Florida Supreme
Court Decision Affects Beachfront Owners
New
Law Requires Coastal Properties Disclosure Statement
What
All Waterfront Property Buyers Should Know
Court
Reaffirms Broker and Agent Liability For Misrepresentations
New
Florida Law Erodes Waterfront Property Rights
An
amendment to Florida’s Administrative Procedure Act, HB 993 (“the Bill”)
passed last week by the Florida Legislature significantly changes the ability of
affected property owners, and especially waterfront property owners, to
challenge the correctness of government agency decisions which substantially
affect their property. Hailed as a
boon to big business, the Bill has major adverse consequences for individual
home owners seeking to protect their investment.
The Bill severely restricts the ability of private third parties to
contest the issuance of, among other things, State environmental permits for
projects that may impact the quality and use of waterfront properties.
By
way of background, it should be understood that most activities that have the
potential of adversely affecting water quality, navigation, wildlife, beaches,
and wetlands, require one or more permits or approvals from State agencies.
The decision to issue or deny such permits or approvals is required to be
based upon criteria established by State statute and administrative regulations.
For
example, before the State may issue a permit for the construction of a boat
dock, the applicant must provide through the application process “reasonable
assurances” that the proposed project will not adversely affect seagrass,
manatees, water quality, or navigation.
Typically, for example, permit applicants for boat docks provide very
little information regarding potential impacts to navigation, particularly from
a neighbor’s perspective. Furthermore, State agencies typically accept the information provided
by the applicant at “face value”, and do not conduct their own investigation
of a project’s potential navigational impacts.
Therefore,
for example, if an applicant fails to present information regarding the
existence of a navigation channel in close proximity to the proposed dock, and
such proximity would adversely affect a neighbor’s ability to get his/her boat
in and out of their existing or future dock, it is likely that the State would
issue the requested dock permit.
Since 1975, the Florida Administrative Procedure Act has allowed
“substantially affected parties” to request a formal administrative hearing
to contest permitting decisions made by State agencies.
At least since 1981, following the landmark decision in Florida
Department of Transportation v. J.W.C.,
Inc. Florida
Department of Transportation v. J.W.C.,
Inc., 396 So.2d 778 (Fla. 1st DCA 1981), the Florida
Administrative Procedure Act established a “level playing field” between the
permit applicant, the State agency, and the affected third-party.
Upon
the filing of a challenge requesting a formal administrative hearing, typically
an independent administrative law judge would be assigned to conduct a
trial-like proceeding wherein evidence and testimony is presented by all parties
to determine whether or not the permit met the requirements of State laws and
regulations. Additionally, the
filing of a challenge converted the permit issuance from “final agency
action” to “preliminary agency action”.
It
has long been the understanding following the FDOT v. J.W.C that the
administrative hearing to contest the issuance of a State permit was a “de
novo” proceeding. In other words,
“no presumption of correctness attaches to the Department’s preliminary
approval”. The administrative
hearing was viewed as a step in the “formulation”, not “appeal” of
agency action.
At
the hearing, the applicant was required to present witnesses and evidence to
demonstrate that the proposed project met the applicable standards.
The challenging third-party had the opportunity to cross-examine both the
applicant’s and State’s witnesses to challenge the sufficiency and accuracy
of the information presented in support of the application.
This
right of third-parties to directly question the applicant’s expert witnesses
is crucial to the administrative hearing process.
I have won a number of major environmental permitting challenges on
behalf of affected third-parties just on the strength of my cross-examination of
the applicant’s witnesses.
Since
most permit applicants do not think that their application will be challenged,
applications frequently are not submitted with the level of detail that would be
sufficient to withstand close scrutiny. The
reason for this is that many State permit reviewers do not hold the
applicant’s to the level of detail that is required by the statutes and
regulations. Thus, shortcuts are
taken by both the applicant’s consultants and State employees.
I have also found that there are a number of environmental consultants
who will falsify or report half-truths in the data presented in support of an
application.
When,
during the course of an administrative hearing, the work effort of applicant’s
consultants and State employees is placed under the “spotlight”, frequently
it will be found that the applicant did not provide the requisite “reasonable
assurances” that the proposed project complies with the applicable
requirements of law.
In
the boat dock example given above, if the third-party challenger showed under
cross-examination of the applicant’s witnesses that no investigation of the
potential impact of the proposed dock upon navigation was conducted, the
third-party challenger would be entitled to a Final Order denying the requested
dock permit.
The
Bill passed last week has clearly “tilted the playing field” in favor of
permit applicants. Under the terms
of the Bill, the proceeding before the administrative law judge is no longer a
true “de novo” hearing. The
agency’s action comes to the hearing with a presumption of correctness.
The
applicant is no longer required to produce expert witnesses to support the
correctness or accuracy of their work product contained in the application. The
Bill states that the applicant may merely submit the application and supporting
documents to show “prima facie” entitlement to the requested permit. Accordingly,
the third-party objector is denied the opportunity for cross-examination of the
authors of the information submitted to the State.
Under
the Bill, the responsibility falls squarely upon the shoulders of the affected
third-party to hire experts to conduct the studies either not performed by the
applicant, or performed in an incomplete or inaccurate manner.
This is a very costly and unfair burden.
The
State’s environmental agencies were created by statute to protect the
environment and private property. These
agencies are funded by taxes paid by private property owners.
Private property owners should not be required to pay even more as a
consequence of the failure of State agencies to do the work they have been
tasked to do.
If
State agencies do not have the resources to thoroughly review the information
provided in support of an application, or to conduct independent studies to
verify the completeness or accuracy of applications, reason dictates that it
should be the responsibility of the applicant to justify the facts or
conclusions specified in its application.
The
Bill, however, expressly benefits the applicant to the clear detriment of
third-party property owners, by allowing the applicant to demonstrate prima
facie entitlement to the requested permit or authorization simply by submitting
into evidence the application, materials submitted in support of the
application, the State agency’s report, and the agency’s written intent to
issue the requested authorization.
To make matters worse, this major change in long-standing protections
for private property owners afforded by the Administrative Procedure Act was
made as an eleventh-hour “tack on” amendment to another bill regarding
administrative agency “Rulemaking”. HB
993 has nothing to do with agency rulemaking.
Additionally, the Title to HB 993 which is required to identify the scope
of the proposed legislation, refers to the change as “providing that a non-applicant who petitions to challenge an agency’s issuance of a
license, permit, or conceptual approval in certain circumstances has the burden
of ultimate persuasion and the burden of going forward with evidence”.
There
was nothing in the Title to HB 993 to suggest that the proposed legislation was
going to change the protection of a “level playing field” that private
property owners had enjoyed for at least 30 years.
In fact, the language cited in the Title to HB 993 merely recited the
standard that has been continuously applied since the FDOT v. J.W.C.
case. One reading the Title to HB
993 could reasonably assume that the purpose of the Bill was simply to codify a
policy that has been in place for a very long time, not to radically change the
policy.
The
Florida Legislature’s enactment of HB 993 presents further evidence of the
State’s lack of concern for private property rights and the dire need for
waterfront property owners to organize a state-wide association to have an
effective voice in Tallahassee.
U.S.
Supreme Court Strikes Blow Against
Beachfront Property Owners' Rights
The U.S. Supreme Court has just
released its long-awaited decision in a landmark Florida case concerning
ownership rights along Florida’s beaches. The decision styled Stop The
Beach Renourishment, Inc. v. Florida Department of Environmental Protection
upholds a determination by the Florida Supreme Court that when a state
authorized beach renourishment project adds sand waterward of privately owned
uplands, the newly created beach is publicly owned, and the upland property
owner is not entitled to damages as a consequence of its loss of some common law
riparian rights due to the separation of the upland property from the waters’
edge.
While under the challenged State
Statute (Section 161.191, Florida Statutes) regarding beach renourishment, beach
front owners would retain common law riparian rights such as the right of access
and unobstructed view to the Gulf or ocean waters, the upland owners would no
longer have the riparian right to expand their property ownership due to the
slow and imperceptible addition of sand, known as accretion.
Beachfront property owners in the
City of Destin and Walton County, in Florida’s panhandle, had challenged a
proposed beach renourishment project on the grounds that the resultant
improvement, under the provisions of relevant State Statutes, would deprive the
owners of the valuable riparian right of accretion, without just compensation.
The U.S. Supreme Court upheld the
determination of the Florida Supreme Court that beach front property owners do
not have a protected property right to be able to maintain contact with the
water. Thus, when the State authorizes the placement of fill between the beach
front property owner’s property and the water’s edge to create a new beach,
while the upland owner no longer has exclusive rights between the waters edge
and his upland property, and no longer is entitled to natural accretions to his
land, as long as the beach owner retains the legal right to access the waters,
according to the U.S. Supreme Court, the property owner has lost no property
right for which compensation must be paid by the State.
This case could have devastating
consequences for private property owners who own property along renourished
beaches which are impacted by the Deep Water Horizon oil spill. The damages to
beaches that are likely to occur from the spill may not be considered as damages
to the upland owner if such damage takes place waterward of the recorded Erosion
Control Line. It may be difficult for a private upland property owner to prove a
loss of property value due to damages to beach area which the owner no longer
owns due to the beach renourishment project.
I will continue to analyze the
impact of the U.S. Supreme Court’s decision and will revise this report as
necessary.
The complete Decision of the U.S.
Supreme Court may be found at http://bit.ly/c9Y1Xu
GLOSSARY
OF IMPORTANT TERMS
| Term |
Definition |
| 30-Year
Erosion Projection |
The
projection of long-term shoreline recession occurring over a period of 30
years based on shoreline change information obtained from historical
measurements. |
| AADT |
Average
Annual Daily Traffic |
| AAER |
Average
Annual Erosion Rate |
| Abandonment |
An action
involving relinquishment of rights in real property, by an owner, for the
sole purpose of permanently terminating his ownership. Land cannot be
abandoned in favor of a specific party. The act of abandonment must be
voluntary and intentional. |
| ABS |
Area of
Biological Significance |
| Abstract
of Title |
A
compilation of abstracts of deeds and other pertinent data which affect
the title to a piece of real property, all bound together in chronological
order. It is a form of title evidence made for the purpose of title
examination. |
| Access |
The
right of an owner to go from and return to his land. |
| Accretion |
The
process of gradual and imperceptible additions of sand, sediment, or other
material to riparian lands made by the natural action of water which
results in dry lands formerly covered by water. |
| Acre |
A
quantity of land containing 43,560 square feet or .4047 hectares of land. |
| ACSC |
Area of
Critical State Concern |
| ACSM |
American
congress of Surveying and Mapping |
| ADA |
Americans
with Disabilities Act |
| ADT |
Average
Daily Traffic, Average Daily Trips |
| AGL |
Above
Ground Level |
| Agreement
Deed |
An
agreement between owners to fix a disputed boundary line |
| AIA |
American
Institute of Architects |
| AICP |
American
Institute of Certified Planners |
| AIREA |
American
Institute of Real Estate Appraisers |
| Alley |
Narrow
service roadway created by land platting. |
| Along |
"Along
a line" means on and in the direction of the line. "Along the
road" means along the centerline or thread of the road unless
qualified; for example, along the east side of the road. "Along a
line" may be changing in direction by curves or angles. The term
"along" may also mean "on". |
| Alongshore |
Directional
reference meaning along or approximately parallel to the shoreline;
alternatively, shore-parallel, or longshore. |
| ALTA |
American
Land Title Association |
| Amoring |
Manmade
structure designed to either prevent erosion of the upland property or
protect
eligible structures from the effects of coastal wave and current action.
Armoring includes certain rigid coastal
structures such as geotextile bags or tubes, seawalls, revetments,
bulkheads, retaining walls, or similar structures
but does not include jetties, groins, or other construction whose purpose
is to add sand to the beach and dune
system, alter the natural coastal currents, or stabilize the mouths of
inlets. |
| Angle |
Angular
measure between directional lines. |
| ANSI |
American
National Standards Institute |
| Appurtenant |
A word
employed in deeds, leases, etc., for the purpose of including any easement
or other right(s) used or enjoyed with the real property, which are
considered to be so much a part of the property that they automatically
pass to the grantee under the deed conveying the real property. |
| APR |
Annual
Percentage Rate |
| Aquatic
Preserve |
Those
areas designated in Part II, Chapter 258, F.S. |
| ARM |
Adjustable
Rate Mortgage |
| Artificial
Accretion |
The
addition of sand, sediment, or other material to riparian lands caused by
man-made projects and operations which results in dry lands formerly
covered by water. |
| Artificial
Erosion |
The slow
and imperceptible loss or washing away of sand, sediment, or other
material from property caused by man-made projects and operations. |
| ASA |
American
Society of Appraisers |
| ASC |
Area of
Special Consideration |
| ASCE |
American
Society of Civil Engineers |
| ASHI |
American
Society of Home Inspectors |
| ASLA |
American
Society of Landscape Architects |
| Assignee |
The
person to whom an assignment has been made. |
| Assignment |
The
transfer of the interest one has in real estate. |
| Assignor |
The party
making the assignment |
| Assigns |
The party
to whom the property should have been transferred. |
| AST |
Aboveground
Storage Tank |
| Avulsion |
The
sudden or perceptible loss of or addition to land by the action of water or
the sudden or perceptible change in the bed of a lake or the course of a
stream. |
| Bathymetry |
Science
of measuring water depths (usually in the ocean) to determine bottom
topography. |
| BD |
Book
Depreciation |
| Beach |
Zone of
unconsolidated material that extends landward from the mean low water line
to
the place where there is marked change in material or physiographic form,
or to the line of permanent
vegetation. |
| Beach
and Dune System |
That
portion of the coastal system where there has been or there is expected
to be, over time and as a matter of natural occurrence, cyclical and
dynamic emergence, destruction, and reemergence of beaches and dunes. |
| Beach
Quality Sand |
Sand
which is similar to the native beach sand in both coloration and grain
size
and is free of construction debris, rocks, clay, or other foreign matter. |
| Bearing |
The
direction of a line measured from north or south to east or west, not
exceeding 90 degrees. Examples: North 30 Degrees West or South 87 Degrees
East. |
| Bench
Mark |
A
point whose elevation, above or below some definite or assumed datum, is
known. A bench mark can be natural or artificial, and it can be either
permanent or temporary. |
| Benthic
Communities |
Any sovereignty submerged
land where any of the following associations of indigenous interdependent
plants and animals occur: grass beds, algal beds, sponge beds, octocoral
patches or beds, hard coral patches or reefs, and tidal swamps, including
mangroves, identified in any reports submitted pursuant to paragraph
18-21.004(2)(C), F.A.C., Communities is intended to reflect identifiable
assemblages of organisms as opposed to scattered or single individuals. |
| BFD |
Base Flood Depth |
| BFE |
Base Flood Elevation |
| BFP |
Bona Fide Purchaser |
| BLM |
Bureau of Land Management
of U.S. Department of the Interior; formerly the General Land Office(GLO). |
| Block |
A
block is a square or portion of a city enclosed by streets, whether
occupied by buildings or vacant lots. Blocks are often enclosed by the
boundary of a subdivision and are usually broken down into smaller units
called "lots". |
| BM |
Bench Mark |
| BMP |
Best Management Practice |
| BOD |
Biological Oxygen Demand |
| BOT |
Board of Trustees of the
Internal Improvement Trust Fund |
| Boundary
Survey |
A
survey made to establish or re-establish a boundary line on the ground, or
to obtain data for constructing a map or plat showing a boundary line. |
| Bounded |
Usually referred to in
legal descriptions as being bounded by the adjoining land owners or by a
road, stream, etc. Set off by a boundary. |
| Bounds |
The lines by which
different parcels of land are divided. "Butts and bounds" or
"butted and bounded" are phrases sometimes used to introduce the
boundaries of land. "Buttal" means along the end of the land. |
| Breakaway
Wall |
Partition independent of
supporting structural members that
is intended to withstand design wind forces but to collapse from a water
load less than that which would occur
during a 100-year storm event without causing collapse, displacement, or
other structural damage to the elevated
portion of the building or supporting foundation system. |
| Building
Support Structure |
Any shore-parallel
structure which supports floor, wall, or column loads
and transmits them to the foundation. |
| Bulkhead
Line |
Established line limiting
land improvements into an abutting waterway. |
| BZA |
Board of Zoning Appeals |
| CAD |
Computer-Assisted Drafting |
| Cadastral
Map |
The base of the assessment
cadastre. A map that shows the size, shape and extent of each land parcel
in a prescribed geographical area. |
| Cadastral
Surveys |
The establishment of land
boundaries and subdivisions by running and marking of the lines that are
required by the plan of the cadastral surveys of the United States. In
general, it is any survey executed to measure the boundaries of land
parcels. |
| Cadastre |
A public record, survey, or
map of the value, extent, and ownership of land. |
| CADD |
Computer-Assisted Drafting
and Design |
| Call |
The designation of visible
natural objects, monuments, courses, distances, or other matters of
description as limits of boundaries. "Locative calls" are
particular or specific, and locate a point or line. "Descriptive
calls" are general and merely direct attention to the neighborhood in
which more specific calls are to be found. |
| CAM |
Common Area Maintenance |
| Canal |
A trench, the bottom of
which is normally covered by water with the upper edges of its two sides
normally above water. |
| CAR |
Contamination Assessment
Report |
| CARL |
Conservation and Recreation
Lands |
| CATX |
Categorical Exclusion |
| CAV |
Community Assistance Visits |
| CCCL |
Coastal Construction
Control Line |
| Centerline |
Line or point of equal
division or separation. |
| CERCLA |
Comprehensive Environmental
Response, Compensation, and Liability Act (aka: "Superfund") |
| CFR |
Code of Federal Regulations |
| Ch. |
Chain or chains
abbreviation. |
| CH/BW |
Chain Link/Barbed Wire |
| Chain |
A land surveyor's measure -
66 feet or 100 links; (2) a directed non-branching sequence of
non-intersecting line segments and/or arcs bounded by nodes, not
necessarily distinct, at each end. Area chain, complete chain, and network
chain are special cases of chain, and share all characteristics of the
general case as defined above. |
| Chain
of Title |
A chronological list of
documents which comprise the recorded history of title of a specific piece
of real estate. |
| Channel |
A trench, the bottom of
which is normally covered entirely by water, with the upper edges of its
sides normally below water |
| CIP |
Capital Improvements
Program |
| CIPS |
Certified International
Property Specialist - NAR designation |
| Clear
Title |
Title
that is free from defects, doubts and litigious uncertainties; a title
that would qualify as "marketable title". |
| CLOMA |
Conditional Letter of Map
Amendment |
| CLOMR |
Conditional Letter of Map
Revision |
| Closed
Traverse |
A
traverse that starts and ends at the same point, or at points whose
relative horizontal position are known. A traverse that forms a continuous
loop enclosing an area is known as a "loop traverse" (also being
a closed traverse). Another kind of closed traverse is a "connecting
traverse" that starts and ends at separate points whose relative
positions have been determined by a survey of equal or higher-order
accuracy. |
| CMP |
Corrugated Metal Pipe |
| CMP |
Clean Marina Program |
| CO |
Certificate of Occupancy |
| CO |
Consent Order |
| Coastal
Barrier Islands |
A Depositional geologic
feature consisting of unconsolidated sedimentary materials in an island
configuration which is subject to direct attack by wave, tidal, and wind
energies originating from the Atlantic Ocean or Gulf of Mexico, and which
serves to protect landward aquatic habitats, such as bays and estuaries,
and the interior uplands of the mainland from oceanic wave, tidal, and
wind forces. |
| Coastal
Construction Control Line (CCCL) |
The line established
pursuant to the provisions of Section 161.053, F.S., and recorded in the
official records of the county, which defines that portion of the
beach-dune system subject to severe fluctuations based on a 100-year storm
surge, storm waves, or other predictable weather conditions. |
| COD |
Chemical Oxygen Demand |
| COE |
Army Corps of Engineers |
| Contour |
Defined line of equal
elevation on a map or plat. |
| Convey |
To
transfer or deliver to another; to pass from one person to another.
Equivalent to the word "grant". |
| Conveyance |
Any
instrument in writing by which a estate or interest in real property is
created, mortgaged, or encumbered, or by which the title to any real
property may be affected (except wills). |
| Corner |
The
intersection of two or more converging property or survey lines, whether
internal or external. In surveying the terms "corner" and
"monument" are used largely in the same sense. However,
"corner" usually denotes a point determined by the survey,
whereas "monument" is the physical structure erected to mark the
corner on the earth's surface. |
| Course |
Line or boundary defined by
bearing and distance. |
| Covenant |
Real property restriction
and/or encumbrance. |
| CPM |
Certified Property Manager,
a designation awarded by IREM |
| CRB |
Certified Real Estate
Brokerage Manager, a designation awarded by the Council of RE Brokerage
Managers |
| Crest |
Highest elevation,
uppermost level or height of. |
| CRS |
Community Rating System |
| CRS |
Certified Residential
Specialist, a designation awarded by the Council of Residential
Specialists |
| CSM |
Certified Survey Map
abbreviation. |
| CUP |
Conditional Use Permit |
| CWA |
Clean Water Act |
| CZMA |
Coastal Zone Management Act |
| D&O |
Directors & Officers
insurance, another term that describes professional liability insurance
for associations |
| DACS |
The Florida Department of Agriculture and Consumer Services. |
| DCA |
Florida Department of
Community Affairs |
| DCA |
Department of Community
Affairs |
| Dedicated |
Land granted for public or
special purposes by an expressed intent in a conveyance or upon a plat. |
| Deeds |
A
deed is evidence in writing of an executed contract for the sale of land.
Several types exits: (1) A Grant Deed
(2) A Quit Claim Deed (3)
An Agreement Deed (4) A Warranty Deed
(5) A Trust Deed |
| DEM |
Division of Emergency
Management |
| DEP |
Department of Environmental
Protection |
| DER |
Department of Environmental
Regulation (merged into DEP 1993) |
| Descendants |
All
those who have issued from an individual; i.e., children, grandchildren,
and their children-to the remotest degree. |
| Description |
The exact location of a
piece of property stated in terms of lot, block, and tract, or by metes
and bounds. |
| DFIRM |
Digital Flood Insurance
Rate Map |
| Dia. |
Diameter abbreviation. |
| DNR |
Department of Natural
Resources (merged into DEP 1993) |
| DO |
Dissolved Oxygen |
| Dock |
A fixed or floating
structure, including access walkways, terminal platforms, catwalks,
mooring pilings, lifts, davits and other associated water-dependent
structures, used for mooring and accessing vessels. |
| DOT |
Department of
Transportation |
| Dredging |
The excavation, by any
means, in surface waters or wetlands.
It also means the excavation, or creation, of a water body which
is, or is to be, connected to any surface waters or wetlands directly or
via an excavated water body or series of excavated water bodies. |
| DRI |
Development of Regional
Impact |
| DS |
Due on Sale (clause) |
| DSL |
Division of State Lands |
| DU |
Dwelling Unit |
| Dune |
A mound, bluff or ridge of
loose sediment, usually sand-sized sediment, lying upland of the
beach and deposited by any natural or artificial mechanism, which may be
bare or covered with vegetation and
is subject to fluctuations in configuration and location. |
| E&O |
Errors & Omissions
insurance, professional liability insurance for associations |
| EA |
Environmental Assessment |
| EAL |
Exclusive Agency Listing |
| Easement |
An
interest in land created by grant or agreement which confers a right upon
owners to some profit, benefit, dominion, or lawful use of or over the
estate of another; it is district from ownership of land. |
| Egress |
Exiting or emerging right
of access. |
| EIS |
Environmental Impact
Statement |
| Elevation |
Vertical height from a
defined reference datum. |
| EMD |
Earnest Money Deposit. |
| ePRO |
A technology certification
provided by NAR |
| ERA |
Environmental Protection
Agency |
| ERM |
Elevation Reference Mark |
| Erosion |
The
wearing away of land or the removal of consolidated or unconsolidated
material from the beach and dune system by wind, water, or wave action.
Erosion includes: (a) Landward horizontal movement of the line of mean
high water or beach and dune system profile. (b) Vertical lowering or
volumetric loss of sediment from the beach and dune system or the offshore
profile. |
| ERP |
Environmental Resource
Permit |
| ESA |
Endangered Species Act |
| ESA |
Environmentally Sensitive
Area |
| Estuary |
A semi-enclosed, naturally
existing coastal body of water which has a free connection with the open
sea and within which seawater is measurably diluted with fresh water
derived from riverine systems. |
| Excavation |
Any mechanical or manual
removal or alteration of consolidated or unconsolidated soil
or rock material from or within the beach and dune system. |
| Expendable
Structure |
A structure that is subject
to use or consumption, suitable for sacrifice,
or is not essential to preserve. |
| FAC |
Florida Administrative Code |
| FAR |
Floor Area Ratio |
| Fastland |
That portion of a coastal
island above the upper limit of tidal wetland vegetation, or if such
vegetation is not present, that portion of the island above the mean high
water line. |
| FBC |
Florida Building Code |
| FBFM |
Flood Boundary and Floodway
Map |
| FDEP |
Florida Department of
Environmental Protection |
| Fee |
An estate of inheritance in
land. |
| Fee
Simple |
An
estate of inheritance in land without qualifications or restrictions as to
the persons who may inherit it as heirs. Also called an "absolute
fee" or a "fee title". Denotes absolute ownership. |
| FEMA |
Federal Emergency
Management Agency |
| FHA |
Federal Housing
Administration |
| FHBM |
Flood Hazard Boundary Map |
| Filling |
The deposition, by any
means, of materials in surface waters or wetlands. |
| FIRM |
Flood Insurance Rate Map |
| FIRM-DLG |
Flood Insurance Rate
Map-Digital Line Graph |
| FIS |
Flood Insurance Study |
| FLDPLN |
Floodplains |
| Florida
Building Code |
Refers to Part VII of
Chapter 553, F.S., the Florida Building Codes Act,
effective March 1, 2002. |
| FLUM |
Future Land Use Map |
| FMV |
Fair Market Value |
| FOIA |
Freedom of Information Act |
| FONSI |
Finding of No Significant Impact |
| Foreshore |
The strip of land between
the mean high-water and mean low-water lines that is alternately covered
and uncovered by the flow of the tide. |
| Foundation |
The portion of a structure
which transmits the associated dead and live loads of the structure to the
ground and includes, but is not limited to, spread footings, foundation
walls, posts, piers, piles, beams, girders, structural slabs, cross
bracing, and all related connectors. For habitable major structures, the
foundation includes all load bearing components below the first habitable
floor. For pavements, the foundation includes the subbase and base course
layers supporting the pavement layer. |
| FPM |
Flexible-Payment Mortgage |
| FR |
Federal Register |
| Frac. |
Fraction or fractional
abbreviation. |
| Fractional |
The
use of fractional in a deed means there is less land than is usually
contained in a lot, block, section, or township. "Fractional" is
not synonymous with "part". |
| Fractional
Lot |
A
fractional lot is a portion of a section not subdivided in the regular
manner and may be more or less than the smallest division (40 acres). It
is meaningless to refer to a lot in a subdivision, other than government
sections as being a fractional lot. |
| Fractional
Section |
A section that does not
have the full 640 acres due to a body of water or because of a boundary of
county or state, but not because the original survey was inaccurate. |
| FRM |
Fixed-Rate Mortgage |
| Frontal Dune |
The
first natural or manmade mound or bluff of sand which is located landward
of the beach and which has significant vegetation, height, continuity, and
configuration to offer protective value. |
| Fronting |
The
words "fronting" and "adjoining" are synonymous and
such references mean the lots touch the boundary line of the street. |
| FSBO |
For Sale by Owner |
| FWC |
Florida Fish and Wildlife
Conservation Commission |
| FWCC |
Fish and Wildlife
Conservation Commission |
| FWPCA |
Federal Water Pollution
Control Act |
| FWS |
(U.S.) Fish & Wildlife
Service |
| Geotextile
Container |
A bag or tube, made of
blanket-like synthetic fibers manufactured in a woven or loose nonwoven
manner, used as an agent to hold together a large mass of sand forming a
rigid tubular structure. |
| GFE |
Good Faith Estimate. |
| GFWFC |
Game and Fresh Water fish
Commission (merged into FWCC 1999) |
| GIS |
Geographic Information
System |
| GLO |
General Land Office; now
known as BLM. |
| Government
Lots |
Lots established, measured,
and computed by the U.S. Government's survey of the public lands. The term
is often used synonymously with "fractal lots" or
"lots" (1/4 1/4 sections irregularly shaped and more, or less
than 40 acres). Some government lots are regular in shape and are 40 acres
in area. |
| Government
Survey |
(U.S. Rectangular Land
Survey) - In 1785 the U.S. Congress authorized the first land survey of
the United States. It specified that surveyed townships were to be 6 miles
square. The townships are surveyed from an east-west base line and from
north-south principal meridians. Townships are laid off from these base
lines and meridians. To identify the townships, each is given an
identification in which it was referred to by its relation to the base
line and meridian. Horizontal tiers of townships are laid off north and
south from the base line and numbered consecutively. Vertical columns of
townships called ranges are laid off to the east and west of the principal
meridians and numbered accordingly. The townships can be identified by
listing the township tier number and the range number, such as township 2
north, range 2 west. Each township is usually divided into 36 sections,
each approximately one mile square and divided into 36 sections, each
approximately one mile square and containing approximately 640 acres. This
may vary considerably at rivers or where base lines or meridians converge,
etc., but generally holds true. |
| GPS |
Global Positioning System |
| Grade |
Surface level of ground or
rate/degree of slope. |
| Grant |
The transfer of real
property by deed. |
| Grant
Deed |
Conveys the fee title of
the land described and owned by the grantee. If at a later date the
grantor acquires a better title to the land conveyed, the grantee
immediately acquires a better title to the land conveyed. |
| Grantee |
The person to whom a grant
is made; the one who acquires property. |
| Grantor |
The person by whom a grant
is made; the one who transfers the property. |
| GRI |
Graduate, REALTORS®
Institute, a NAR designation |
| Half
Section |
The south-half, north-half,
east-half, or west-half of a section would be that half according to the government survey. The general and proper acceptance of the terms section
and half section as well as their construction by the B.L.M., denotes the
land in the sections and subdivision lines, and not the exact quantity
which a perfect measurement of an obstructed surface would declare. |
| Heirs
and Assigns |
Unless
the words "and heirs" are used, the estate conveyed is only for
the life of the grantee (estate for life). "And heirs" is not
necessary in most states because of statutes abolishing the necessity.
"And assigns" is included to take care of corporations,
trustees, etc., which cannot have heirs. |
| HHA |
High Hazard Area |
| Highway
Right-of-Way |
The
limit of property acquired to build a highway. It is usually marked by
monuments or fences. Right-of-Way for roads, where no property was
acquired originally, is normally the limit being used as the road. |
| HOA |
Home Owners' Association |
| HUD |
US Dept. of Housing and
Urban Development |
| HUD-1 |
Settlement Statement that
itemizes closing costs for both seller and buyer. |
| HVAC |
Heating, Ventilation, Air
Conditioning |
| HWL |
High Water Line |
| Hydrodynamic
Loads |
Horizontal and vertical
forces resulting from a mass of water in motion, such as the forces
associated with the flow accompanying a storm surge. Hydrodynamic loads
include the effects of turbulence resulting from the interaction of the
flowing water mass with a rigid structure. |
| Hydrographic
Survey |
Survey of water area, with
particular reference to submarine relief, and any adjacent land. See:
oceanographic survey. |
| Hydrography |
Science
that deals with the measurement and description of the physical features
of the oceans, seas, lakes, rivers, and their adjoining coastal areas,
with particular reference to their use for navigation. |
| Hydrology |
Scientific study of the
waters of the Earth, especially with relation to the effects of
precipitation and evaporation upon the occurrence and character of ground
water. |
| Hydrostatic
Loads |
Horizontal and vertical
forces resulting from a standing mass of water. |
| I.P.
or I.R. |
Iron pipe or iron rod
monument abbreviation. |
| ICWW |
Intracoastal Waterway |
| Ingress |
Entering right of access. |
| Interest
in Land |
The
legal concern of a person in a thing or property, or in the right to some
of the benefits or uses from which the property is inseparable. |
| JCP |
Joint Coastal Permit |
| Joint
Estate |
An
estate which has a plurality of tenants having the same interest in the
estate, occurring under the same conveyance, commencing at the same time,
and held under the same undivided possession. |
| Joint
Tenancy |
An estate arising by
purchase or grant to a plurality of persons who have the same interest,
under the same conveyance, commencing at the same date, and under the same
undivided possession. |
| Joint
Tenants |
Two
or more persons who own equal shares in an estate created by a single
transfer. Upon death of a joint tenant, the surviving joint tenant(s)
takes the entire property and nothing passes to the heirs of the deceased. |
| LAG |
Lowest Adjacent Ground
[grade] |
| Lagoon |
A naturally existing
coastal zone depression which is below mean high water and which has
permanent or ephemeral communications with the sea, but which is protected
from the sea by some type of naturally existing barrier. |
| LEED |
Leadership in Energy and
Environmental Design |
| Letter
of Consent |
A non-possessory interest in
sovereignty submerged lands created by an approval which allows the
applicant the right to erect specific structures or conduct specific
activities on said lands. |
| LFE |
Lowest Flood Elevation |
| LFFE |
Lowest Finished Flood
Elevation |
| LGCP |
Local Governmental
Comprehensive Plan |
| LIBOR |
London Interbank Offered
Rate |
| Location
Monument |
Location monuments are
established in districts where corners of the public survey, and other
monuments within two miles, do not exist. Sites of the monuments are
usually at some prominent point, giving good visibility from every
direction. The monuments are of stone, and marked "USLM"
followed by the number of the survey. The exact reference point is marked
by a cross chiseled on the top of the monument. |
| LOMA |
Letter of Map Amendment |
| LOMC |
Letter of Map Change |
| LOMC |
Letter of Map Change |
| LOMC-VALID |
Letter of Map Change
Revalidation |
| LOMR |
Letter of Map Revision |
| LOMR-F |
Letter of Map Revision
Based on Fill |
| LOS |
Level of Service |
| Lost
Corner |
A point of a survey whose
position cannot be determined, beyond reasonable doubt, either from traces
of the original marks or from acceptable evidence or testimony that bears
upon the original position, and whose location can be restored only by
reference to one or more independent corners. |
| Lot
Line |
Lot
line is the line shown upon the map creating the lot. Lot line is
permanent and does not change with street openings. |
| Low
Water |
Minimum height reached by a
falling tide. The height may be due solely to the periodic tidal forces or
it may have superimposed upon it the effects of meteorological conditions. |
| Low
Water Line |
Intersection
of the land with the water surface at an elevation of low water. Not to be
confused with mean low water line. |
| LTV |
Loan-to-Value Ratio. |
| LUST |
Leaking Underground Storage
Tanks |
| M.C. |
Abbreviation for meander
corner. |
| Main
Channel |
Navigable channel of
waterway; may not be center. |
| Major
Reconstruction |
The complete or partial
replacement or rebuilding, to its original level of
protection, of a significant portion of an existing armoring structure
which has failed or deteriorated. |
| Major
Structure |
Structures which, as a
result of design, location, or size could cause an adverse impact to the
beach and dune system. Major structures include:
1. “Nonhabitable Major Structures” which are designed primarily
for uses other than human occupancy. Typically
included within this category are roads, bridges, storm water outfalls,
bathhouses, cabanas, swimming pools, and garages.
2. “Habitable Major Structures” which are designed primarily
for human occupancy and are potential locations for shelter from storms.
Typically included within this category are residences, hotels, and
restaurants. |
| Map,
Topographic |
Map
that present the horizontal and vertical positions of the features
represented; distinguished from a planimetric map by the addition of
relief in measurable form. |
| Marginal
Dock |
A dock placed immediately adjacent and parallel to the shoreline or seawall, bulkhead or revetment. |
| Marina |
Small craft harbor complex
used primarily for recreational boat mooring or storage. |
| Marine
Turtle |
Any turtle, including all
life stages from egg to adult, of the species Caretta caretta
(loggerhead), Chelonia mydas (green), Dermochelys coriacea (leatherback),
Eretmochelys imbricata (hawksbill), and Lepidochelys kempi (Kemp’s
ridley). |
| MBA |
Mortgage Bankers
Association of America |
| Mean
High Water |
The average height of the
high waters over a 19-year period. For
shorter periods of observation, "mean high water" means the
average height of the high waters after corrections are applied to
eliminate known variations and to reduce the result to the equivalent of a
mean 19-year value. |
| Mean
High Water Line |
The intersection of the
local elevation of mean high water with the shore.
Mean high water line along the shore of land immediately bordering
on navigable waters is recognized and declared to be the boundary between
the foreshore owned by the State of Florida in its sovereign capacity and
the uplands subject to private ownership. However, no provision of this
rule shall be deemed to impair the title to privately owned submerged
lands validly alienated by the State of Florida or its legal predecessors. |
| Mean
Low Water |
The average height of the
low waters over a 19-year period. For
shorter periods of observation, "mean low water" means the
average height of low waters after corrections are applied to eliminate
known variations and reduce the result to the equivalent of mean 19-year
value. |
| Mean
Low-Water Line |
The intersection of the
tidal plane of mean low water with the shore. |
| Mean
Sea Level |
Elevation datum referenced
to averaged sea level observations over an extended period of time. |
| Mean
Tidal Range |
The difference in height
between mean high water and mean low water. |
| Meander |
To
follow a winding course of a stream. A line (usually the center) that
follows the sinuosities of a stream. "Meander" is not synonymous
with "meander line". If a deed runs "to a stream; thence
with the meanders of said stream", etc., it usually means the line
which follows the sinuosities of that stream, and the stream is the
boundary. So the deed would be running to the center of the stream (but
only if the stream is not navigable), not merely to the banks or the
surveyed meander line. |
| Meander
Corner |
Corner
monuments established according to the U.S. Public Land Surveys at the
intersection of section lines with the meander lines of all meanderable
bodies of water. |
| Meander
Line |
The
metes-and-bounds traverse approximately along the shoreline of a permanent
natural body of water. In original surveys, meander lines were not run as
boundary lines, but for the purpose of defining the sinuosities of the
bank or shore line, and for ascertaining the quantity of land remaining
after segregation of the water area. |
| Meander
Line |
Metes-and-bounds
traverse approximately along the mean high water line of a permanent body
of water. By following the sinuosities of the bank or shoreline, the
meander line provides data for computing the area of land remaining after
the water area has been segregated. A meander line differs from other
metes and bounds surveys in that it does not ordinarily determine or fix
boundaries. |
| Meter |
Metric measurement
equivalent to 3.280833> feet. |
| Metes |
The
exact length of each line and the exact quantity of land in square feet,
rods or acres; however, when used in the term "metes and Bounds"
it does not necessarily mean that the length of a boundary is given. A
parcel of land bounded in the deed description by the lands of named
persons, rather than by bearings and dimensions would qualify as land
described by metes and bounds. |
| Metes
and Bounds |
As
commonly understood, descriptions of real property which are not described
by reference to a lot or block shown on a map, but are described by
starting at a known point and describing the bearings and distances of the
lines forming the boundaries of the property are called metes and bounds
deeds. Parcels of land created in sequence by conveyances, but not all
delineated on a map at one time, have senior and junior deed
considerations. |
| MFFE |
Minimum Finished Floor
Elevation |
| mg/l |
milligrams per liter |
| MHW |
Mean High Water |
| MHWL |
Mean High Water Line |
| Minimum-Size
Dock or Pier |
A dock or pier that is the
smallest size necessary to provide reasonable access to the water for
navigating, fishing, or swimming based on consideration of the immediate
area's physical and natural characteristics, customary recreational and
navigational practices, and docks and piers. |
| Minor
Structure |
Structures designed to be
expendable, and to minimize resistance to forces associated with high
frequency storms and to break away when subjected to such forces, and
which are of such size or design as to have a minor impact on the beach
and dune system. |
| Minor
Reconstruction |
The routine repair of an
existing, functional, and intact armoring which is necessary to maintain
the structural and functional integrity of the structure as originally
designed and includes:
repair or replacement of caps, return walls, tiebacks, individual sheet
piles, and armor stone. |
| MLS |
Multiple Listing Service |
| MLW |
Mean Low Water |
| MLWL |
Mean Low Water Line |
| MMPA |
Marine Mammal Protection
Act |
| MOA |
Memorandum of Agreement |
| Monuments
(surveying) |
A physical structure
erected for the purpose of marking points on the earth's surface. The
monuments of land surveys range from the deposit of some durable material,
a marked wooden stake or post, a marked stone, an iron post having an
inscribed cap, a marked tablet set in solid rock or concrete block, a
marked tree, a rock in place marked with a cross (X) at the exact point of
the corner, and other special types of markers. |
| More
or Less |
The words "more or
less" in their ordinary use are to be taken as words of caution,
denoting some uncertainty in the mind of one using them and a desire not
to misrepresent. When used in connection with quantity and distance,
"more or less" are words of safety and precaution, intended
merely to cover some slight or unimportant inaccuracy. When "125 feet
more or less to the point of beginning" is the point of
beginning" is the controlling term. "About 12 acres more or
less" is indefinite and should be avoided since the word
"about" is very broad in meaning. |
| MOU |
Memorandum of Understanding |
| MPO |
Metropolitan Planning
Organization |
| MRA |
Master Residential Appraiser |
| MSBU |
Municipal Service Benefit
Unit |
| MSL |
Mean Sea Level |
| MSSW |
Management & Storage of
Surface Water |
| Multi-Slip
Docking Facility |
Any marina or dock designed
to moor three or more vessels. |
| MWFRS |
Main Wind force Resisting
System |
| NAD
83/90 |
The North American Datum
1983 adjustment of 1990. |
| NAD27 |
North American Datum of
1927 |
| NAD83 |
North American Datum of
1983 |
| NAR |
National Association of
REALTORS® |
| National
Geodetic Vertical Datum of 1929 |
Reference surface
established by the U.S. Coast and Geodetic Survey in 1929 as the datum to
which relief features and elevation data are referenced in the
conterminous United States; formerly called "mean sea level
1929." |
| Natural
Boundary |
Any
existing boundary that can be readily identified and located, e.g., the
boundary line of an adjacent parcel of land, a river boundary, ditch,
wall, bluff, etc. Courses and distances, as a general rule, give way to a
call for a natural boundary, because a natural boundary, if fixed, is
unchangeable, and more likely to be the true call than courses and
distances. |
| Natural
Monuments |
Objects permanent in
character, which are found on land as they were place by nature, e.g.,
lakes, streams, bluffs, etc.; in contradistinction to artificial monuments
which are landmarks or signs erected by the hand of man. |
| NAVD
88 |
The North American Vertical
Datum of 1988. |
| Navigable
Waters |
A body of water which in
its ordinary and natural state, by reason of its size, depth and other
conditions make the water body capable of navigation for useful public
purposes and may be used for purposes common to the public in the locality
where it is located. |
| Navigable
Waters of the State of Florida |
Water bodies that were
navigable in fact on March 3, 1845, the date Florida became a State.
Such waters do not include waters which have been conveyed to
private individuals by the United States or by the State of Florida
without reservation of public rights in and to said waters. |
| NEP |
National Estuary Program |
| NEPA |
National Environmental
Policy Act |
| Nesting
Season |
The nesting period for
marine turtles from May 1 through October 31 of each year for all counties
except Brevard, Indian River, St. Lucie, Martin, Palm Beach, and Broward.
Nesting season for these counties is the period from March 1 through
October 31 of each year. |
| NFIF |
National Flood Insurance
Fund |
| NFIP |
National Flood Insurance
Program |
| NGVD or NGVD29 |
National Geodetic Vertical
Datum, as established by the National Ocean Survey (formerly
called “mean sea level datum, 1929”). |
| NHC |
National Hurricane Center |
| NIMBY |
Not in My Back Yard |
| Nineteen-year
Tidal Cycle |
The period of time
generally reckoned as constituting a full tidal cycle. |
| NMFS |
National Marine Fisheries
Service |
| NOAA |
National Oceanic &
Atmospheric Administration |
| NOI |
Notice of Intent |
| Northerly |
Towards north. When not
controlled by definite courses, monuments, or other definite descriptions,
usually means due north. This term must always yield to monuments and
other definite calls. |
| NOV |
Notice of Violation |
| NPDES |
National Pollution
Discharge Elimination System |
| NTU |
Nephelometric Turbidity
Unit |
| NWFWMD |
Northwest Florida Water
Management District |
| NWS |
National Weather Service |
| OBO |
Or Best Offer |
| OFW |
Outstanding Florida Waters |
| OGC |
Office of General Counsel |
| OHWL |
Ordinary High Water Line |
| One-Hundred-Year
Storm / 100 Year Storm |
A shore-incident hurricane
or any other storm with accompanying wind, wave, and storm surge intensity
having a one percent chance of being equaled or exceeded in any given
year. |
| Original
Design Specifications |
These specifications shall
consist of drawings of record prepared and sealed by a registered
professional engineer or a professional land surveyor following completion
of a project constructed in compliance with a valid department permit.
For projects constructed where prior departmental authorization was
not required or where original design specifications were not a requirement
of the permit, original design specifications may instead include other
competent and substantial evidence of pre-existing conditions, including
by not limited to evidence adduced from soil borings, on-site conditions,
prior surveys, aerial photographs, or other exhibits acceptable to the
department. |
| Original
Plat |
Used
to distinguish the first plat from the subsequent additions. Original Town
or Original Town site are employed in the same manner. |
| P&Z |
Planning and Zoning |
| P.O.B. |
Continuation or extension
of a straight line. |
| Parcel |
In land ownership mapping
for assessment purposes, a parcel is usually held to be a tract of land
under one identical ownership. It may be a combination of two or more
tracts acquired by separate deeds. |
| Patent |
The
title conveyed by the government describing land disposed of by the
government is called a patent. |
| Patented
Lands |
Lands
conveyed by the United States to private persons. |
| PE |
Professional Engineer |
| Pier |
Fixed or floating structure
used primarily for fishing or swimming and not designed or used for mooring
or accessing vessels. |
| Pile
Foundation |
A system of piles providing
the support of a structure, including those piles terminating below grade
at pile caps and those piles extending above grade to super elevate a
structure. |
| PITI |
Principle, Interest, Taxes,
and Insurance. |
| Plat |
A drawing showing one
subdivision with its respective right-of-way, easements, blocks, lots,
etc. Same as plot, map, or chart. |
| PMI |
Private Mortgage Insurance |
| Point |
Spatial location without
defined dimensions. |
| Point
of Beginning |
In a deed description, it
is a reference point from which the description begins. It is abbreviated
as P.O.B. |
| Points
of Call |
Monuments, landmarks,
objects, boundaries, or other elements of a description, in a deed, that
defines the limits of the boundaries of a parcel of land, e.g., "the
NW corner of Lot 4", "the left bank of the river",
"the north line of the J.P. Smith property", "the center of
the county road", etc. The courts have held that where points-of-call
are inconsistent with the measurements (either by course, angle, or
distance) the points of call are paramount. |
| ppb |
parts per billion |
| Preempted
Area |
The
area of sovereignty submerged lands from which any traditional public uses
have been or will be excluded by an activity, such as the area occupied by
docks, piers, and other structures; the area between a dock and the
shoreline where access is not allowed, between docks, or areas where
mooring routinely occurs that are no longer reasonably accessible to the
general public; permanent mooring areas not associated with docks; and
swimming areas enclosed by nets, buoys, or similar marking systems. |
| Primary
Dune |
A significant dune which
has sufficient alongshore continuity to offer protective value
to upland property. The primary dune may be separated from the frontal
dune by an interdunal trough; however,
the primary dune may be considered the frontal dune if located immediately
landward of the beach. |
| Private
Channel |
Channel that is dredged or
maintained by private entities to provide access to or from such locations
as private residences, marinas, yacht clubs, vessel repair facilities, or
revenue-generating facilities. |
| Private
Residential Multi-Family Dock or Pier |
Dock or pier on a common
riparian parcel or area that is intended to be used for private
recreational or leisure purposes by persons or groups of persons with real
property interest in a multi-family residential dwelling such as a duplex,
a condominium, or attached single-family residences or a residential
development such as a residential or mobile home subdivision. |
| Private
Residential Single-Family Dock or Pier |
Dock or pier used for
private recreational or leisure purposes that is located on a
single-family riparian parcel or that is shared by two adjacent
single-family riparian owners if located on their common riparian rights
line. |
| Prolongation |
Continuation or extension
of a straight line. |
| Public
Channel |
Channel that is constructed
or maintained by a public entity such as a federal or state agency, local
government, or inland navigation district listed in Chapter 374, F.S., or
that is part of a public navigation project, public water management
project, or a deepwater port listed in Section 403.021(9)(b), F.S. |
| Public
Interest |
Demonstrable environmental,
social, and economic benefits which would accrue to the public at large as
a result of a proposed action, and which would clearly exceed all
demonstrable environmental, social, and economic costs of the proposed
action. In determining the public interest in a request for use, sale,
lease, or transfer of interest in sovereignty lands or severance of
materials from sovereignty lands, the board shall consider the ultimate
project and purpose to be served by said use, sale, lease, or transfer of
lands or materials. |
| Public
Land System |
Public lands are subdivided
by a rectangular system of surveys established and regulated by the Bureau
of Land Management. The standard format for subdivision is by townships
measuring 6 miles (480 chains) on a side. Townships are further
subdivided into 36 numbered sections of 1 square mile (640 acres) each. |
| PUD |
Planned Unit Development |
| Quadrant |
Any
of four quarters into which something is divided by two real or imaginary
lines that intersect each other at right angles. 90 degrees of a circle;
one-quarter of a section (the NE 1/4, NW 1/4, SW 1/4, and SE 1/4 of a
section are each quadrants of a section); one-quarter of a quarter
section. |
| Quarter
Section |
A 160 acre block of land or
1/4 of a section. |
| Quarter
Section Lines |
The
lines that divide the sections into four parts. |
| Quit
Claim Deed |
Passes on to the grantee
whatever title the grantor has at the time at which the transaction is
consummated. It carries no after rights. In essence, if the grantor
acquires a better title at a later date, it is not passed on to the
grantee. The deed carries no warranties on the part of the grantor. |
| Range |
A
vertical column of townships in the rectangular survey system. |
| Range
Lines |
The
north-south township boundary lines. |
| REA |
Reciprocal Easement
Agreement |
| Rebuilding |
A substantial improvement
of the existing structure as defined in Section 161.54, F.S. |
| Record
Owner |
The owner of real estate at
the time in question, as revealed by records. Usually used in reference to
public records. |
| Recorded |
A
deed, etc., is said to be recorded when it has been filed for record in
the courthouse and made a matter of public record. |
| Reliction |
The slow and gradual withdrawal or
recession of the water in a sea, a lake, or a stream, leaving the former
bottom as permanently exposed and uncovered dry land. |
| Repair |
The restoration of a
portion of an existing structure, including the foundation of the
structure, to its original design or an equivalent structural standard.
Repair of a structure assumes that a significant portion of the structure,
including its foundation, remains intact. |
| Resurvey |
A retracement of a survey
or surveys. |
| Reversion |
Legal repossession of land
title rights and/or interests; such as vacated street right-of-way. |
| Revetment |
A sloped, facing structure
made of an armoring material designed to protect an escarpment or
embankment or an upland structure from erosion by wave or current action. |
| Right-of-Way |
Land by dedication, grant
or easement for roads, utility or other designated purposes; normally
described as a strip or corridor type parcel. |
| Riparian
Rights - Florida |
Those incident to land
bordering upon navigable waters. They
are rights of ingress, egress, boating, bathing, and fishing and such
others as may be or have been defined by law.
Such rights are not of a proprietary nature.
They are rights inuring to the owner of the riparian land but are
not owned by him or her. They
are appurtenant to and are inseparable from the riparian land.
The land to which the owner hold title must extend to the ordinary
high watermark of the navigable water in order that riparian rights may
attach. Conveyance of title to
or lease of the riparian land entitles the grantee to the riparian rights
running therewith whether or not mentioned in the deed or lease of the
upland. |
| Riprap |
A sloping retaining or
stabilizing structure made to reduce the force of waves and to protect the
shore from erosion, and consists of unconsolidated boulders, rocks, or
clean concrete rubble with no exposed reinforcing rods or similar
protrusions. |
| RLS |
Registered Land Surveyor |
| ROD |
Record of Decision |
| ROW |
Right of Way |
| RQ |
Reportable Quantity |
| SAV |
Submerged Aquatic
Vegetation |
| Scour |
Erosion caused by the
interaction of waves and currents with man-made structures or natural
features. |
| Sea
Level |
Height
of the surface of the sea at any given time. |
| Seasonal High-Water Line |
The line formed by the intersection
of the rising shore and the elevation of 150 percent of the local mean
tidal range above local mean high water. |
| Seawall |
A man-made wall or
encroachment except riprap, which is made to break the force of waves and
to protect the shore from erosion. |
| Section |
A one square mile block of
land containing 640 acres or one thirty-sixth of a township. |
| SFHA |
Special Flood Hazard Area |
| SFWMD |
South Florida Water
Management District |
| Shoreline |
The intersection of a
specified plane of water with the beach. For example, the mean high water
shoreline is the intersection of the plane of mean high water with the
beach. |
| Shoreline
Change Rate |
The average annual
horizontal shift of the intersection of the foreshore slope of the beach
with the referenced water plane, based on recorded historical
measurements. |
| Shore-Normal |
A directional reference
meaning approximately perpendicular to the shoreline. |
| Significant
Dune |
A dune which has sufficient
height and configuration or vegetation to offer
protective value. |
| SJRWMD |
St. Johns River Water
Management District |
| SLAPP |
Strategic Lawsuit Against
Public Participation |
| SLER |
Submerged Lands and
Environmental Resources |
| SLOSH |
Sea, Lake and Overland
Surges from Hurricanes |
| Sovereignty
Submerged Lands |
Those lands including but
not limited to, tidal lands, islands, sand bars, shallow banks, and lands
waterward of the ordinary or mean high water line, beneath navigable fresh
water or beneath tidally-influenced waters, to which the State of Florida
acquired title on March 3, 1845, by virtue of statehood, and which have
not been heretofore conveyed or alienated. For the purposes of this
chapter sovereignty submerged lands shall include all submerged lands
title to which is held by the Board. |
| SPLASH |
Special computer Program to List
(predict) the
Amplitude of Surge from Hurricanes |
| SRES |
Senior Real Estate
Specialist, a designation offered by the California Assoc. of REALTORS® -
selling to seniors |
| SRWMD |
Suwannee River
Water Management District |
| State
Plane Coordination System |
Coordinate systems
established by the U.S. Coast and Geodetic Survey (now the National Ocean
Survey), usually one for each state, for use in defining positions of
points in terms of plane rectangular (x,y) coordinates. |
| Storm
Surge |
The rise of water above
normal water level on the open coast due to a number of factors, including
the action of wind stress on the water surface and the rise in water level
due to atmospheric pressure reduction. |
| Subdivision |
A tract of land divided by
means of a map into lots or lots and blocks for the purpose of resale,
generally for residential or agricultural purposes. |
| Submerged
Lands Lease |
An interest in sovereignty
lands designated by a contract creating a landlord-tenant relationship
between the board as landlord and the applicant as tenant whereby the
board grants and transfers to the applicant the exclusive use, possession,
and control of certain specified sovereignty lands for a determinate
number of years, with conditions attached, at a definite fixed rental. |
| Subsidence |
Decrease
in the elevation of land surface due to tectonic, seismic, or artificial
forces, without removal of surface material. |
| SWFWMD |
Southwest Florida Water
Management District |
| SWIM |
Surface Water Improvement
& Management |
| T&E |
Threatened and Endangered |
| TDR |
Transfer of Development
Rights |
| TDS |
Total Dissolved Solids |
| Thirty-Year
Erosion Projection |
The projection of long-term
shoreline recession occurring over a period of 30 years based on shoreline
change information obtained from historical measurements. |
| Thread |
Waterway centerline at
ordinary or normal stage. |
| Tie |
The bearings and dimensions
or other evidence or information that accurately defines the location of a
point or monument. |
| TIS |
Traffic Impact Statement |
| Title
of Land |
The means whereby an owner
has just possession of his property. It is the evidence of his right,
extent of his interest, or means whereby he is able to assert, maintain,
or continue his possession. |
| TMDL |
Total Maximum Daily Loads |
| TN |
Total Nitrogen |
| Topography |
Configuration (relief) of
the land surface; the graphic delineation or portrayal of that
configuration in map form, as by contour lines; in oceanography the term
is applied to a surface such as the sea bottom or surface of given
characteristics within the water mass. |
| Township |
A
township is an approximately 6-mile square area of land containing 36
sections. |
| TP |
Total Phosphorus |
| Tract |
An indefinite stretch of
land. In a subdivision, a defined area of land. |
| Traverse |
A method of surveying in
which a sequence of lengths and directions of lines between points are
measured. |
| Trust
Deed |
A
written instrument by which a borrower (trustor) conveys his land to
another (trustee) for the benefit of the lender (beneficiary) as security
for the repayment of money lent. In the event of a failure of the trustor
to repay the money, the trustee conducts a foreclosure sale of the real
property. |
| TSS |
Total Suspended Solids |
| ug/l |
micrograms per liter |
| Unrecorded |
A deed, etc., is said to be
unrecorded when it has not been filed for record in the courthouse and
made a matter of public record. |
| USACE |
U.S. Army Corps of
Engineers |
| USC |
United State Code |
| USFWS |
U.S. Fish & Wildlife
Service |
| USGS |
U.S. Geological Survey |
| UST |
Underground Storage Tanks |
| VA |
Department of Veteran
Affairs |
| Vertical
Seawall |
A seawall the waterward
face of which is at a slope greater than 75 degrees to the horizontal.
A seawall with sloping riprap covering the waterward face to the
mean high water line shall not be considered a vertical seawall. |
| VOC |
Volatile Organic Compound |
| VRM |
Variable-Rate Mortgage |
| V-Zone |
Coastal High Hazard Area |
| Warranty
Deed |
Conveys the fee title to
the land described to the grantee and in addition guarantees the grantor
to make good the title if it is found lacking |
| Water
Dependent Activity |
An activity which can only
be conducted on, in, over, or adjacent to water areas because the activity
requires direct access to the water body or sovereign submerged lands for
transportation, recreation, energy production or transmission, or source
of water, and where the use of the water or sovereign submerged lands is
an integral part of the activity. |
| WCR |
Women's Council of REALTORS®,
an affiliate of NAR primarily for women but open to men |
| Witness
Corner |
Reference monument to an
inaccessible corner, and normally established on the related boundary by a
directional and distance offset. |
| WL |
Warning Letter |
| WQ |
Water Quality |
| WWTP |
Wastewater Treatment Plant |
While there are many obstacles facing local beach
nourishment projects, i.e., funding, source of sand, potential impacts to birds
and turtles, and public opposition, the question of the constitutionality of the
State statute which authorizes such public beach projects will no longer be an
impediment to moving forward to restore area beaches.
Since 2006 when a decision of the Florida First
District Court of Appeal finding the Florida Beach and Shore Preservation Act to
be unconstitutional was appealed to the Florida Supreme Court, local governments
have been uncertain regarding the legal status of their proposed beach
nourishment projects. When on December 18, 2008 the Florida Supreme Court
refused to reconsider its decision rendered on September 29, 2008, the Court’s
determination in Walton County v. Stop the Beach Renourishment, Inc.
upholding the constitutionality of the Act may now be considered final.
In substance, the Florida Supreme Court upheld the
constitutionality of the Florida Law which authorizes the government’s
unilateral placement of sand between an upland beachfront property owner’s
property boundary and the waters of the Gulf of Mexico, cutting off the property
owner’s contact with the water. The Beach and Shore Preservation Act mandates
that the upland beachfront property owner’s legal rights of ownership
terminate at the pre-fill shoreline, recorded as the Erosion Control Line, and
that the nourished beach between the Erosion Control Line and the new water line
shall henceforth be public lands.
The Florida Supreme Court held that under the Act,
while the upland beachfront property owner would retain traditional
riparian/littoral rights of ingress, egress, view, boating, bathing, and
fishing, local governments may cut off a property owner’s direct contact with
the water without any recourse to the upland property owner. The Court held that
provided the upland beachfront owner still has access to the water, the owner
does not lose any protected legal interest when contact with the water is
eliminated by a beach nourishment project.
In addition to resolving a hotly contested dispute
of significant interest to local governments and beachfront property owners, the
Florida Supreme Court’s decision is extremely helpful as a comprehensive
summary of Florida Law regarding riparian/littoral rights. It is for that reason
that I highly recommend all real estate professionals take a few minutes to read
the decision.
A copy of the full decision can be found by
clicking on following link: Florida
Supreme Court Decision Document.
NEW
LAW REQUIRES DISCLOSURE STATEMENT
REGARDING COASTAL PROPERTIES
Beginning July 1, 2006 all Buyers of properties either partially or totally
seaward of the State Coastal Construction Control Line MUST
be provided a Coastal Properties Disclosure Statement upon execution of the
contract. This new statement is
required to indicate that the coastal property may be: a) subject to coastal
erosion; b) subject to federal, state and local regulations concerning coastal
construction; c) affected by beach renourishment activities; and/or d)
restricted by marine turtle regulations.
Along
all of
Florida
’s sandy beaches, the Florida Department of Environmental Protection has an
established a jurisdictional line called the Coastal Construction Control Line
(“CCCL”). The CCCL is intended
to define the areas of
Florida
shoreline which are subject to severe fluctuations due to: storm surge, storm
waves, flooding or other predictable weather conditions.
Once the CCCL has been established within a coastal county, almost all
construction seaward of the CCCL is regulated by the state and requires special
permitting from the Florida Department of Environmental Protection.
Prior
to this new law becoming effective, a Seller of coastal property was merely
required to inform a Buyer whether the property being purchased was located
partially or totally seaward of the CCCL. This
information was allowed to be disclosed as late as the time of closing.
Typically, by the time the existence of the CCCL was disclosed, it was
too late to halt a transaction or seek additional information regarding the
suitability of the property for development.
Under the old law a Buyer was permitted to waive their right to be informed of
the location of the CCCL. This
waiver was typically agreed to by unwitting Buyers who did not understand the
significance of the restrictions imposed upon properties located seaward of the
CCCL.
Under
the new law, an amendment to Section 161.57, Florida Statutes, (which is
reprinted in its entirety below), the following disclosure statement must
be included, either in the contract, or as a separate document,
prior to the execution of the contract by both parties
(the Effective Date) for any property located totally or partially seaward of
the State Coastal Construction Control Line:
“THE
PROPERTY BEING PURCHASED MAY BE SUBJECT TO COASTAL EROSION AND TO FEDERAL,
STATE, OR LOCAL REGULATIONS THAT GOVERN COASTAL PROPERTY, INCLUDING THE
DELINEATION OF THE COASTAL CONSTRUCTION CONTROL LINE, RIGID COASTAL PROTECTION
STRUCTURES, BEACH RENOURISHMENT, AND THE PROTECTION OF MARINE TURTLES.
ADDITIONAL INFORMATION CAN BE OBTAINED FROM THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, INCLUDING WHETHER THERE ARE SIGNIFICANT EROSION
CONDITIONS ASSOCIATED WITH THE SHORELINE OF THE PROPERTY BEING PURCHASED.”
While the new law makes it clear that the failure to provide the required
disclosure statement will not impair the enforceability of a contract or create
a right of rescission, the Florida Department of Business and Professional
Regulation has advised that a broker or real estate agent who had actual
knowledge that the property was located in an area requiring the disclosure, and
who failed to make such a disclosure, may be found guilty of violating Section
475.25(1)(b), Florida Statutes for committing misrepresentation or concealment,
and may be punished under the provisions of Section 475.42, Florida Statutes.
This
new disclosure law reinforces the need to have due diligence inspections and the
property closing performed by an attorney with specialized expertise in
waterfront property and coastal construction law.
Providing a prospective Buyer of coastal property with a clear
understanding of how to comply with federal, state, and local regulations will
ensure that the sale or purchase of property located in the Coastal Zone takes
place both quickly and seamlessly.
As always, any real property
closing performed by David M. Levin, Esq. includes the due diligence inspection,
involving an evaluation of federal, state, and local coastal construction
regulations, AT NO EXTRA CHARGE.
FULL TEXT OF NEW LAW
Florida
Senate - 2006
SB 1948
CODING:
Words stricken are deletions; words underlined are additions.
16 161.57
Coastal properties disclosure statement.--
17 (1)
The Legislature finds that it is necessary to
18 ensure that the purchasers of
interests in real property
19 located in coastal areas
partially or totally seaward of the
20 coastal construction control line
as defined in s. 161.053
are
21 fully apprised of the character
of the regulation of the real
22 property in such coastal areas
and, in particular, that such
23 lands are subject to frequent and
severe fluctuations.
24 (2)
At or prior to the time a seller and a purchaser
25 both execute a contract
for sale and purchase of any interest
26 in real property located
partially or totally seaward of the
27 coastal construction
control line as defined in s. 161.053,
28 the seller must give a
written disclosure statement in the
29 following form to the
prospective purchaser which may be set
30 forth in the contract or
in a separate writing:
1 The property being purchased may be subject to
2 coastal erosion and to federal, state, or local
3 regulations that govern coastal property,
4 including the delineation of the coastal
5 construction control line, rigid coastal
6 protection structures, beach nourishment, and
7 the protection of marine turtles. Additional
8 information can be obtained from the Florida
9 Department of Environmental Protection,
10 including whether there are significant erosion
11 conditions associated with the shoreline of the
12 property being purchased.
13
14 (3)(2) Unless otherwise waived in writing by the
15 purchaser, at or prior to the closing of any transaction where
16 an interest in real property located either partially or
17 totally seaward of the coastal construction control line as
18 defined in s. 161.053 is being transferred, the seller shall
19 provide to the purchaser an affidavit, or a survey meeting the
20 requirements of chapter 472, delineating the location of the
21 coastal construction control line on the property being
22 transferred.
23 (4) A seller's failure to deliver the disclosure,
24 affidavit, or survey required by this section does not impair
25 the enforceability of the sale and purchase contract by either
26 party, create any right of rescission by the purchaser, or
27 impair the title to any such real property conveyed by the
28 seller to the purchaser.
What
All Waterfront Property Buyers Should Know
I am often asked, "Why should
a Buyer of waterfront property hire an attorney to do the closing, and what are
the benefits of hiring an attorney who limits his practice to waterfront
property law?"
First and foremost, only an
attorney is qualified to provide legal advice!!!
If an attorney is hired to issue
the title insurance and perform the closing, this legal advice is included in
the service.
An attorney can answer questions of
utmost importance to all Buyers, such as,
Is the recorded legal
description accurate?
What is the nature of any deed restrictions upon the use
of the property?
Will the title to the property
be marketable for future sales or refinancing?
What is the zoning of the
subject property and how will local zoning laws affect the use of the
property?
The purchase of waterfront property
requires a higher level of due diligence than other properties. An attorney
experienced in waterfront property law can assist the Buyer in answering
important questions such as,
What federal, state and local
governmental restrictions will affect the development or redevelopment of
the property?
Does the existing structure
comply with applicable Flood Zone requirements?
Is the property suitable for
the Buyer’s intended purposes?
Who owns the submerged lands
adjacent to the uplands?
Can I build a new dock or
modify an existing dock?
Do riparian rights come with
the property?
Unlike a Title Company, having an
attorney on the Buyer’s side can help make sure the Buyer’s interests are
faithfully upheld. One of the greatest benefits of using an attorney is that the
attorney has an ethical obligation to work on behalf of the Buyer’s interest.
Buyers should understand that there
is a difference in the level of service between closings performed by an
attorney and those performed by a Title Company. They should also be advised
that with respect to waterfront property, not all real estate attorneys have the
same level of experience.
To gain a better appreciation for
the issues to be resolved prior to the purchase of waterfront property, Buyers
are encouraged to review the two-part brochure entitled, "What Every
Waterfront Property Owner Should Know". These brochures, containing
comprehensive checklists, can be obtained by contacting, David
M. Levin, Esq.
Court
Reaffirms Broker and Agent Liability For Misrepresentations
In a decision rendered by the Florida Second
District Court of Appeal on October 31, 2003, the Court in Syvrud v. Today
Real Estate, Inc., 28 Fla.L.Weekly D2505, reiterated the respective duties
of sellers and their representatives in regard to the sale of residential
property. In particular, the Court held that an "as is" clause in a
contract for the sale of residential real property does not waive the duty
imposed by Johnson v. Davis to disclose hidden defects which materially
affect the value of the property.
In Johnson v. Davis, 480 So.2d 625 (Fla.
1985) the Florida Supreme Court denounced the ancient concept of "Let the
Buyer Beware" as related to residential real estate, and declared the law
in Florida to be:
"Where the seller of a home knows of facts
materially affecting the value of property which are not readily observable and
are not known to the buyer, the seller is under a duty to disclose them to the
buyer. This duty is equally applicable to all forms of real property, new and
used."
Following the Florida Supreme Court’s decision
in Johnson v. Davis, the Florida Third District Court of Appeal in Revitz v.
Terrell, 572 So.2d 996 (Fla. 3rd DCA 1990) held that a real estate
broker could be held liable for the failure to disclose to the Buyer that the
subject structure was in a FEMA Flood Zone and that the ground floor living area
was built in violation of local building codes. The Court suggested that a real
estate agent may be held liable for nondisclosure or misrepresentation even if
the agent did not have actual knowledge of the legal status of the structure,
but based upon the circumstances, should have known that the structure was
non-conforming.
The Court in the recent decision in Syvrud v.
Today Real Estate, Inc. emphasized that the duty of disclosure announced by the
Florida Supreme Court in Johnson v. Davis extends to a seller’s real estate
broker, and that a seller’s broker may also be liable to a buyer on the
theories of negligence and fraudulent misrepresentation.
Under Florida law, a real estate broker or agent
may be held liable for damages under a theory of fraudulent misrepresentation
when the broker or agent makes a material false representation without
knowledge of its truth or falsity. Young v. Johnson, 538 So.2d 1387
(Fla. 2nd DCA 1989).
With respect to waterfront property, there are
way too many issues that may materially affect the value of property to enable a
Broker or Agent to correctly inform Buyers about the status of the property.
Frequently there are FEMA concerns, questions regarding the legality of existing
structures such as docks or seawalls, the suitability of the property for
development or redevelopment under coastal construction regulations or the
extent to which mangroves or other wetland plants may be altered.
Thus, to avoid potential liability, Brokers and
Agents should resist the temptation of offering answers regarding the legal
status of waterfront properties. Buyers and Sellers must assume the burden of
establishing the factual and legal status of waterfront property.
To accomplish this important task, Sarasota
environmental and waterfront closing attorney David M. Levin has prepared a very
valuable tool; a two part Checklist entitled, "What Every
Waterfront Property Owner Should Know". Part 1 contains a
comprehensive list of questions which should be answered to ascertain the
condition of property in relation to applicable FEMA regulations. The questions
are to be answered by the Seller and/or appropriate public and private
professionals to ascertain the legal status of existing structures.
Part 2 contains a comprehensive list of
questions concerning a variety of environmental considerations. These too are to
be answered by the Seller and/or appropriate public and private professionals.
The Checklists should be used by Sellers to
assist them in the preparation of their disclosure statements and by Buyers to
evaluate the completeness of the Seller’s disclosures.
A fully informed Buyer and Seller reduces the
incidence of misrepresentation and nondisclosure. Informed Buyers and Sellers
reduce the potential for conflict, and hence, reduce the potential for real
estate broker and agent liability.
These Checklists were prepared as part of Mr.
Levin’s continuing efforts to be of service to Buyers and Sellers of
waterfront properties. They are available free of charge and can
be obtained by contacting Mr. Levin at (941) 629-6319 or by e-mail at dlevin@icardmerrill.com.
It is recommended that the Checklists be used in
conjunction with this website.
In the furtherance of his efforts to serve the
community, you may be interested to know that Mr. Levin has recently expanded
his practice to include waterfront property closings.
FEMA
Regulations -- A PowerPoint
Presentation
Slides recently presented
by David M. Levin at
the Florida Coastal Law Conference
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Presented as a Public Service by
David M. Levin, Esq.
Icard,
Merrill, Cullis, Timm, Furen & Ginsburg, P.A.
Offices in
Sarasota and Punta Gorda, Florida
110
Sullivan Street, Suite 112
Punta Gorda, Florida 33950
941.833.9244
dlevin@icardmerrill.com
|
Icard, Merrill,
Cullis, Timm, Furen & Ginsburg, P.A. 