9J-2.015. Clearance Letters (Transferred)

(1) At the request of a developer, the Division may issue an informal determination in the form of a clearance letter as to whether a development may be required to undergo DRI review. The Division will issue clearance letters in order to respond to inquiries when the answer is clear. For example, the Division has issued clearance letters in the following circumstances:

(a) When a developer is in doubt as to whether two or more developments are subject to aggregation pursuant to subsection 380.0651(4), Florida Statutes, and Rule 9J-2.0275, Florida Administrative Code; or

(b) When a development is below 100 percent of all applicable thresholds contained in Section 380.0651, Florida Statutes, and Chapter 28-24, Florida Administrative Code.

(2) A developer may request that a clearance letter be issued by submitting a written request to the Division along with a statement of all facts regarding the development and any other information the developer believes is necessary for the Division’s consideration in its decision to issue a letter. The request and all other information and documentation must be submitted to the Division, with a copy simultaneously submitted to the appropriate regional planning agency and the local government with jurisdiction over the development.

(3) Upon receipt of sufficient information to determine whether or not the proposed development may be required to undergo DRI review, the Division will determine whether a clearance letter may be issued. The Division shall, if it believes the issue is debatable or unclear, decline to issue a clearance letter.

Specific Authority 380.032(2)(a), 380.06(23)(a), 380.0651(4)(f) FS. Law Implemented 380.032(2), 380.06(4)(i), 380.0651(4) FS. History–New 11-20-90, Amended 6-1-03.