73C-42.010. Preapplication and Application Procedures

(1) Preapplication Conferences.

(a) Before filing an application for development approval, the developer shall contact the Department and the regional planning council to arrange a preapplication conference. The Department shall inform the developer of the FQD alternative DRI review process and the use of preapplication conferences to encourage cooperation and mutually beneficial solutions to problems, identify issues, coordinate appropriate state, regional and local agency requirements, and otherwise promote a timely, proper and efficient review of the proposed development.

(b) The Department, in cooperation with the local government and the regional planning council, shall arrange a preapplication conference pursuant to section 380.061(5), F.S. In addition to meetings, preapplication conference activities may consist of telephone calls, written correspondence or reports, or other means of communication that can be used effectively to fulfill the intent of section 380.061(5), F.S.

(c) Upon the request of the developer, the regional planning agency, the local government, or the Department, other affected state, regional, or local agencies shall participate in conference proceedings and shall identify the types of permits issued by the agencies, the level of information required, and the permit issuance procedures as applied to the proposed development. Such information shall be provided for initial project planning and coordination and shall not constitute a binding agency commitment to a course of action on an application for development designation or permit review unless so established in an agreement between the agency and the developer, pursuant to rule 73C-42.007, F.A.C.

(d) In order to increase the effectiveness of agency participation in the preapplication conference, the Department may request the developer to submit data about the type, size, and location of the proposed development to the agencies at least seven days in advance of the conference activity. Such information requests shall be for the purpose of promoting productive discussions at the preapplication conference and shall not constitute an extensive information requirement in support of the application for development designation.

(e) As a part of the preapplication conference, the Department shall describe the FQD program and shall state the objectives to be achieved in the proceedings. The Department, the local government and the regional planning council shall provide information about the participating local government review procedures that may apply, provide opportunities for the developer and affected agencies to comment on the project, provide information about regional issues pursuant to section 186.507, F.S., and seek to promote expeditious, timely and coordinated review evaluation of FQD applications.

(f) The Department will keep all reviewing agencies apprised of the FQD process and coordinate reviews.

(2) Filing the Application for Development Designation.

(a) In accordance with section 380.061(5), F.S., the developer shall simultaneously file completed copies of an application for development designation with the Department, the regional planning council, and the local government with jurisdiction using DEO-BCP-ADA-1, Development of Regional Impact Application for Development Approval, identified in subsection (3) of this rule.

(b) Pursuant to sections 380.061(5) and 120.60, F.S., the Department and the local government shall make a determination as to the completeness of the information contained in the application. The regional planning council may provide completeness comments to the Department and the local government.

1. Within 30 days after receipt of an application, the Department and the local government shall notify the applicant of any apparent errors or omissions and request any additional information. Failure to correct an error or omission or to supply additional information shall not be grounds for denial of the application unless the reviewing entity timely notified the applicant within this 30-day period.

2. The Department and the local government shall provide copies of their requests for additional information to the applicant, the regional planning council, and each other. The applicant shall submit the additionally requested information to the Department, the local government, and the regional planning council.

3. The application for development designation shall be approved or denied by the Department as prescribed by section 120.60, F.S. The Department shall consider any report and recommendations made by the regional planning council which are received within 50 days after receipt of the complete application. In preparing its report and recommendations, the regional planning council should identify regional issues based on the criteria pursuant to section 380.06(12), F.S. If the applicant chooses to appeal the completeness review for the FQD, the 90 day period will be tolled by the initiation of proceedings under sections 120.569 and 120.57, F.S., and will resume 10 days after the final order is issued by the Department, with copies provided to the local government, the applicant, and other parties.

4. Upon the effective date of the development order, the developer shall have the right to use for the Development the certification mark registered with the Secretary of the Florida Department of State for Developments designated as FQDs under section 380.061, F.S. The use of this certification mark shall be restricted to promotional, informational or advertising purposes in order to identify this Development as a development approved and designated under section 380.061, F.S. A development designated as an FQD shall be exempt from development-of-regional-impact review under section 380.06, F.S.

(3) Forms. The following forms shall be used in carrying out the activities required under this rule and may be obtained without cost from the regional planning council or from the Department at the following address: Department of Economic Opportunity, Division of Community Development, 107 East Madison Street, Tallahassee, FL 32399.

(a) Form Number DEO-BCP-ADA-1, Developments of Regional Impact Application for Development Approval, http://www.flrules.org/Gateway/reference.asp?No=Ref-08409; revised date: April 2017; effective date: July 2017, which is hereby incorporated by reference;

(b) Form Number DEO-BCP-AGENCIES-1, Report of Agency Participation in Development of Regional Impact Preapplication Conferences, http://www.flrules.org/Gateway/reference.asp?No=Ref-08410; revised date: April 2017; effective date: July 2017, which is hereby incorporated by reference;

(c) Form Number DEO-BCP-PREAPP INFO-1, Preapplication Conference Document and Information, http://www.flrules.org/Gateway/reference.asp?No=Ref-08413; revised date: April 2017; effective date: July 2017, which is hereby incorporated by reference;

(d) Form Number DEO-BCP-EFFECTIVE RULES-1, Notification to be Bound By Rules Adopted Pursuant to chapters 403 and 373, F.S., In Effect When the Development Order Is Issued, http://www.flrules.org/Gateway/reference.asp?No=Ref-08411; revised date: April 2017; effective date: July 2017, which is hereby incorporated by reference.

Rulemaking Authority 380.032(2)(a), 380.061(4), (8)(b) FS. Law Implemented 380.061(5)(b), (6) FS. History–New 1-23-90, Formerly 9J-28.010, Amended 7-3-17.