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Florida Administrative Code (Last Updated: April 18, 2024) |
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73. Department of Commerce |
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73C. Division of Community Development |
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73C-42. Community Planning; Rules Of Procedure And Practice Pertaining To Florida Quality Developments |
1(1) At any time prior to the issuance of the FQD development order, the developer of a development of regional impact being reviewed as an FQD shall have the right to withdraw the proposed project from consideration as an FQD and convert to the development-of-regional-impact review process under the provisions of Section 53380.06, F.S. 55The conversion shall be in the form of a letter to the Department, the local government, and the regional planning council stating the developer’s intent to seek authorization for the development as a development of regional impact under Section 94380.06, F.S. 96If a proposed FQD converts to the development of regional impact review process, the developer shall resubmit the appropriate application and the development shall be subject to all applicable procedures under Section 128380.06, F.S., 130except that:
132(a) A preapplication conference held under Section 139380.061(5)(a), F.S., 141shall satisfy the preapplication conference requirement under Section 149380.06(7), F.S.; 151and,
152(b) If requested in the withdrawal letter, a finding of completeness of the application under Section 168380.061(5)(b), F.S., 170may be converted to a finding of sufficiency by the regional planning council if such a conversion is approved by the regional planning council. The regional planning council shall have 30 days to notify the developer if the request for conversion of completeness to sufficiency is granted, denied, or denied with conditions.
2221. If granted and the application is found sufficient, the developer shall not have to resubmit the application and the regional planning council shall notify the local government that a public hearing date, as authorized under the provisions of Section 262380.06(10)(c), F.S., 264may be set to consider the development for approval as a development of regional impact. The development for approval as a development of regional impact. The development shall be subject to the standards and procedures of Section 301380.06, F.S., 303and all applicable rules.
3072. If denied, the regional planning council shall provide the developer a statement that the conversion to sufficiency is denied and a statement of the additional information needed to make the application sufficient, as authorized under Section 344380.06(10)(b), F.S. 346The development shall be subject to all applicable procedures under Section 357380.06, F.S. 359It is the intent of this provision that a denial of conversion with conditions shall require the developer to submit only that information requested by the regional planning council in order to make the application sufficient. The regional planning council shall carry out all other duties and responsibilities as required by Section 411380.06(10)(b), F.S., 413and applicable rules.
416Rulemaking Authority 418380.061(8)(b) FS. 420Law Implemented 422380.061 FS. 424History–New 1-23-90, Formerly 4279J-28.012.
