73C-43.003. Application for Certification

(1) Application Period. Local governments may submit applications for certification only during the period beginning January 5 (or the first business day following January 5) and ending February 4 (or the first business day following February 4) each year. Applications received prior to 8:00 a.m. (EST) January 5 or after 5:00 p.m. (EST) February 4 will not be considered for certification in the subsequent state fiscal year and will be returned to the applicant local government(s), unless the applicant has been previously determined to be eligible for certification.

(2) Application Submission.

(a) Applications for certification shall be submitted in accordance with sections 163.3246(2) and (4), F.S., and must provide all information and address all eligibility criteria listed in those sections.

(b) Applications shall be mailed or delivered to: Plan Review and Processing Administrator, Florida Department of Economic Opportunity, Division of Community Development, 107 East Madison Street, MSC #160, Caldwell Building, Tallahassee, Florida 32399-6545. Facsimile transmissions will not be accepted.

(c) Applications must be transmitted by cover letter on the applicant’s letterhead. This cover letter must bear an original signature by the chief elected official or designee, must affirm the accuracy of the information contained in the application, and must identify the employee or representative who will serve as the contact person for the applicant.

(d) Applicants must submit three (3) complete sets of application materials, at least one of which must contain a cover letter with an original signature.

(3) Application Review.

(a) Each application shall be time and date stamped when received by the Plan Review and Processing Administrator.

(b) The identified contact person for each applicant will be notified in writing of the receipt and timeliness of the application.

(c) Within ninety (90) days of receipt, the Division shall submit a written assessment of each application to each applicant. The assessment will state whether the application demonstrates that the applicant meets the eligibility criteria of section 163.3246(2), F.S., and whether the area sought to be certified meets the criteria of section 163.3246(5), F.S. The assessment will describe the basis for finding that the applicant does or does not meet the eligibility criteria, and the basis for finding that the area does or does not qualify for certification. Each applicant shall be provided a copy of the assessment.

(d) Within thirty (30) days of the date of an assessment indicating one or more eligibility criteria have not been satisfied, the applicant may submit written explanations of information contained in its application to demonstrate that the application meets the questioned criteria. Such clarifying information may be submitted only in response to the Division’s assessment. No new information may be submitted.

(4) Identification of Eligible Applicants.

(a) After expiration of the 30-day period to submit such information, and no later than 45 days after receipt of any information submitted pursuant to paragraph (3)(d) of this rule, the Director of the Division of Community Development shall determine whether the application demonstrates that the applicant meets the eligibility criteria of section 163.3246(2), F.S., and whether the area sought to be certified meets the criteria of section 163.3246(5), F.S.

(b) The Division shall prioritize applications meeting eligibility criteria in the order received pursuant to the process identified in paragraph 73C-43.003(3)(a), F.A.C. Local governments submitting the first eight qualifying applications will be eligible to become certified in any fiscal year.

(c) The Division shall notify each applicant whether its application satisfies eligibility criteria and whether it is included among the eight applicants selected to become certified.

Rulemaking Authority 163.3246(6) FS. Law Implemented 163.3246 FS. History–New 12-22-02, Formerly 9J-35.003, Amended 4-25-17.