9J-2.0185. Preliminary Development Agreements (Transferred)

(1) No development which is subject to DRI review, as defined in Section 380.04, Florida Statutes, shall be undertaken on a project prior to the issuance of a DRI development order except as authorized by a Preliminary Development Agreement (PDA) as provided in subsection 380.06(8), Florida Statutes, or as otherwise authorized by Chapter 380, Florida Statutes.

(2)(a) The PDA process shall be initiated by the submission from a developer to the Department of a proposed PDA and a statement which justifies development being undertaken prior to issuance of a DRI development order, together with such documentation and information as may be required by paragraphs (2)(b) and (d) of this rule section. A proposed PDA shall include all conditions set forth in subsection 380.06(8), Florida Statutes, with compliance dates where appropriate. The Department, the developer, and all owners of the land in the total proposed development are the only signatories necessary for the consummation of a PDA; however, the regional planning agency and local government may be made parties to a PDA with the concurrence of the Department and the developer. The developer shall provide copies of the proposed PDA, the statement of justification, and any supplemental information to the regional planning agency and local government with jurisdiction over the development at the same time it is submitted to the Department. Any recommendations by the regional planning agency, other governmental agency, or the local government regarding the proposed PDA must be submitted in writing to the Department within 45 days after receiving the proposed PDA and justification statement.

(b) The developer shall provide all documentation and information necessary to demonstrate that the preliminary development may be authorized under subsection 380.06(8), Florida Statutes, and this rule section.

(c) The Department will convene conferences and obtain information from any source needed to assist it in evaluating a proposed PDA. At any time before or after the initiation of the PDA review process, the developer may request a conference with the Department to clarify and delineate the types of documentation and information required pursuant to subsections 2(b) and 2(d) of this rule section.

(d) Documentation and information submitted with the proposed PDA shall include the following:

1. A disclosure by the developer and each owner of any parcel of real property which is included in the total proposed development of any interest in any other parcel or development located within 1/2 mile of any boundary of the total proposed development and a map depicting the location of any parcel or other development in which the developer or any owner has an interest within one mile of any boundary of the total proposed development.

2. A description of any deed or other instrument of conveyance by which the owner or developer acquired a property interest in the total proposed development or parcel within 1/2 mile of the same, with reference being made to the book and page of any such deed or instrument recorded in the public records.

3. Development plans setting forth number of dwelling units, number of square feet, number of boat slips, total acreage, and other descriptive information regarding the development of each parcel within 1/2 mile of the total proposed development in which the developer or each owner of the total proposed development has an interest.

4. A legal description of each parcel within 1/2 mile of the total proposed development in which the developer or each owner of the total proposed development has an interest.

5. Sufficient documentation and information to allow the Division to determine that the lands on which preliminary development is proposed are suitable for such development, including consistency with the State Comprehensive Plan, Strategic Regional Policy Plan, and local government comprehensive plan, and that existing resources and existing and planned facilities expected to be affected by the preliminary development will not be materially, adversely impacted.

6. Any other information which supports a finding that the preliminary development may be authorized under subsection 380.06(8), Florida Statutes.

(e) Within 15 days after receipt of a proposed PDA the Department shall notify the developer whether the information in the request is complete or the Department shall request any additional information needed to evaluate the proposal. An application for a PDA is complete when the Department determines that all documentation and information it finds necessary to evaluate the proposed PDA have been provided. The Department shall grant, deny or suggest modifications to the proposed PDA within 45 days after receipt of a complete proposed PDA. Nothing contained herein shall preclude the modification of any time limit in the PDA submission process with the consent of the developer and the Department.

(3)(a) A PDA which authorizes development of less than 100 percent of any applicable threshold pursuant to subsection 380.06(2) and Section 380.0651, Florida Statutes, including thresholds in terms of acreage, may be entered into provided that:

1. The preliminary development is limited to lands that the Department agrees are suitable for development;

2. The existing public infrastructure will accommodate the uses planned for the development, when such development will utilize public infrastructure; and

3. The developer demonstrates that existing resources and existing and planned facilities expected to be affected by the preliminary development will not be materially, adversely impacted.

(b) The suitability of lands for development depends on the location and nature of the property upon which development will occur and the type and magnitude of impacts which will result from the proposed development.

(c) Material adverse impacts to existing resources or existing or planned facilities means significant degradation caused by the proposed development. The Department shall consider relevant impacts which significantly affect such resources and facilities which include, but are not limited to, the following:

1. Public transportation facilities and air and water resources;

2. Energy, drinking water, and wastewater and solid waste collection and disposal facilities and other public facilities;

3. Endangered, threatened and special concern plant and animal species, populations and habitats; unique or rare natural communities; significant archaeological and historical resources; and floodplains, wetlands, estuaries, beaches, dunes, aquifer and recharge areas.

(4) No PDA may be entered into which authorizes development at or above 100 percent of any applicable threshold in subsection 380.06(2), Section 380.0651, Florida Statutes, and Rule Chapter 28-24, Florida Administrative Code, including thresholds in terms of acreage, unless a developer satisfies the requirements of subsection (3) of this rule, and demonstrates one or more of the following:

(a) The developer has received an order from the local government approving his petition for authorization to submit a proposed areawide DRI pursuant to subsection 380.06(25), Florida Statutes, and the proposed preliminary development falls within the boundaries of the areawide DRI;

(b) A downtown development authority has submitted a DRI application pursuant to subsection 380.06(22), Florida Statutes, and the proposed preliminary development falls within the boundaries of the downtown DRI.

(5) A Preliminary Development Agreement does not:

(a) Waive the development of regional impact review requirements of Chapter 380, Florida Statutes;

(b) Entitle a developer to any other necessary approvals or permits from any other authority or in any other jurisdiction prior to the preliminary development being undertaken, such as zoning ordinances and land use regulations, building permits, or state regulatory agency permits; or

(c) Entitle a developer to claim vested rights, or assert equitable estoppel, arising from the agreement or any expenditures or actions taken in reliance on the agreement beyond the development authorized in the PDA.

(6)(a) If a developer proposes to abandon a PDA pursuant to subparagraph 380.06(8)(a)11., Florida Statutes, notice shall be submitted by the developer to the Division, the local government of jurisdiction, and the regional planning agency indicating intent to abandon the PDA and to no longer pursue the development identified in the PDA as a DRI. Such notice shall be on Form RPM-BSP-ABANDON PDA-1 and shall include, at a minimum, the following documentation:

1. Summary of all development activity to date (for example, number of lots sold, acres mined, dwelling units built or under construction, gross floor area built or under construction, barrels of storage capacity completed, site improvements, permits obtained, etc.);

2. Identification of the total plan of development which will be completed;

3. Statement from local government of jurisdiction indicating whether all development to date is in compliance with all applicable local regulations. If evidence is presented that a request was made to the local government for such a statement but no statement is provided within 30 days of the request, the developer may provide evidence in support of such a claim of compliance;

4. Evidence of mitigation for the impacts of the development to date if a final development order has not been issued and the amount of development is less than 100 percent of all applicable DRI thresholds;

5. Identification of all state and federal permits applied for or obtained to date (specify agency, type of permit, and function of each);

6. Identification of any undeveloped tracts of land (other than individual single-family lots) sold to a separate entity or developer, including location on map, size, and buyer of tract or parcel; and

7. Statement of concurrence with notice to abandon the PDA from all other property owners who were signatories to the PDA or are successors to such signatories.

(b) Within 15 days from the receipt of a notice to abandon a PDA, the Division shall determine and notify the developer whether the notice and documentation are adequate to determine that the criteria of subparagraph 380.06(8)(a)11., Florida Statutes, have been met, and the Division shall request any additional information needed. If the Division determines that the documentation with the notice of intent to abandon is not adequate, the developer shall either provide additional information as requested or shall notify the Division in writing that the information will not be supplied and the reasons therefore. If the developer does not respond to the request for additional information within 60 days, then the notice of intent to abandon shall be deemed to be withdrawn. When the requested information is received, the notice of intent and documentation shall be considered adequate, and the developer, local government, and the regional planning agency will be so notified. The local government and regional planning agency will have 15 days from this notification to submit comments for the Division’s consideration.

(c) Within 30 days of receipt of adequate documentation of such notice, the Division will determine whether the developer meets the criteria for abandonment. If the criteria are met, the Division will issue a notice of abandonment. Copies of the notice of abandonment will be provided to the developer, the local government, and the regional planning agency.

(d) Pursuant to subparagraph 380.06(8)(a)11., Florida Statutes, the notice of abandonment shall be recorded by the developer in accordance with Section 28.222, Florida Statutes, with the clerk of the circuit court for each county in which land covered by the terms of the agreement is located.

Specific Authority 380.032(2)(a), 380.06(23)(a) FS. Law Implemented 380.032(3), 380.06(8), 380.0651(4) FS. History–New 1-29-86, Amended 7-2-86, 11-20-90, 2-21-01, 6-1-03.