9J-11.021. Action if Local Government Has Failed to Adopt the Required Land Development Regulations (Transferred)

(1) If the Department determines that the local government has completely failed to adopt one or more of the land development regulations required by Section 163.3202, F.S., the Department will notify the chief local elected official and initiating party in writing within 30 calendar days of receipt of the regulations for review from the local government. The letter to the local government shall be certified, return receipt requested.

(2) In its notification letter, the Department will specify which of the required regulations have not been adopted and the justification for the Department’s determination.

(3) The local government shall have 90 calendar days from receipt of the Department’s notification letter to adopt the required regulations, unless the Department agrees to refrain from taking further action for an additional period of time during the 90 day period. If the local government requests that the Department agree to refrain from taking further action for an additional period of time, the Department will respond to that request within 14 calendar days of receipt of the request. Every request that the Department refrain from taking further action must include a schedule approved by formal action of the local government that provides for the adoption of the required regulations during the extension period. The Department shall not agree to refrain from taking further action for an additional period of time unless there is substantial evidence that the local government is unable to adopt the regulations within the 90 day period. Upon adoption, the local government shall submit two copies of the required regulations, including copies of any separate adopting or enabling legislation, to the Department of Community Affairs, Division of Community Planning. All copies of regulations and legislation must be certified as true and correct copies of the originals by the city or county clerk.

(4) The Department shall review these resubmitted regulations within 30 calendar days of receipt, according to the procedures and criteria in Rule 9J-11.020, F.A.C.

(5) If, after the regulations are resubmitted, the Department determines that the local government has completely failed to adopt any one or more of the required regulations, the Department will institute an action in circuit court to require adoption of these regulations.

(6) If the Department does not receive the regulations pursuant to subsection 9J-11.021(3), F.A.C., within 90 calendar days it will institute an action in circuit court to require adoption of the required regulations.

Rulemaking Authority 163.3202(5) FS. Law Implemented 163.3202 FS. History–New 11-6-96, Amended 4-8-99, 5-12-10.