9J-2.022. Filing the Application for Development Approval (Transferred)

(1) In accordance with subsections 380.06(6), (7), and (10), Florida Statutes, the developer shall simultaneously file completed copies of an application for development approval using Form RPM-BSP-ADA-1 with the local government having jurisdiction, the appropriate regional planning agency, and the Division. Other copies of the application for development approval shall be distributed as agreed upon at the preapplication conference. Copies of the application, Form RPM-BSP-ADA-1, may be obtained from the Division or the regional planning agency. The application should be filed in accordance with the local government’s applicable procedures and as early as possible in its planning or permitting approval processes.

(a) If a proposed project includes two or more DRIs, a developer may file a comprehensive DRI application for development approval covering more than one DRI pursuant to paragraph 380.06(21)(a), Florida Statutes.

(b) If a proposed development is planned for development over an extended period of time, the developer may file an application for master development approval of the project pursuant to paragraphs 380.06(21)(b) and (c), Florida Statutes, and Rule 9J-2.028, Florida Administrative Code.

(c) A downtown development authority as defined in Section 380.031, Florida Statutes, may submit a downtown DRI application for development approval pursuant to subsection 380.06(22), Florida Statutes, and Rule 9J-2.029, Florida Administrative Code.

(d) Any person may submit a petition to a local government requesting that he be approved as a developer of an areawide DRI. If approved by the local government with jurisdiction over the area concerned in the petition, that person, or any general purpose local government, may submit an areawide DRI application for development approval pursuant to subsection 380.06(25), Florida Statutes, and Chapter 9J-3, Florida Administrative Code.

(e) A developer may submit an application for development designation as a Florida Quality Development pursuant to Section 380.061, Florida Statutes, and Chapter 9J-28, Florida Administrative Code.

(f) If a developer has elected to proceed in a conceptual agency review process, then he must submit copies of the application for development approval to all state or regional agencies which are to participate in the review process. The application shall include additional information identified by state or regional permitting agencies as provided for in subparagraphs 380.06(9)(c)1. and 2., Florida Statutes.

(2) If requested by the applicant, the regional planning agency may contract with the applicant to provide responses to certain questions in the application for development approval for which the regional planning agency has specific data, knowledge, or staff expertise.

(3) Pursuant to subsection 380.06(10), Florida Statutes, the regional planning agency shall make a determination as to the sufficiency of the information contained in the application. The regional planning agency may solicit comments from other state, regional, and local agencies and governments regarding sufficiency of application information.

(a) Information should be considered sufficient when it has been presented in a manner which allows the reviewing agencies to assess the impacts of the proposed development. A determination of sufficiency does not necessarily indicate that the regional planning agency or other reviewing agencies agree with the information and conclusions presented in the application.

(b) Reviewing agencies should submit sufficiency comments to the applicant at the same time the comments are submitted to the regional planning agency so that the applicant can begin to prepare a response to the concerns before receipt of the formal sufficiency determination. The regional planning agency shall provide copies of agency requests for additional information and the applicant’s responses to the Division, the local government and all reviewing agencies to expedite review and enhance coordination within the review process.

(c) If the regional planning agency determines that the application is insufficient to begin review, the regional planning agency shall provide written notice by regular mail or hand delivery to the appropriate local government and the applicant within 30 days of receipt of the application stating that the application contains insufficient information for the regional planning agency to discharge its responsibilities under subsection 380.06(12), Florida Statutes, and requesting additional information. Comments and questions not referenced or included within the written notice and rendered to the applicant after the regional planning agency’s 30-day review period has expired may not be used as the basis for additional sufficiency questions and may be answered at the applicant’s discretion. Within five working days of the receipt of the statement the applicant shall provide written notice to the local government and the regional planning agency that the requested information will be supplied, or will not be supplied, in whole or in part. Within 30 days after receipt of the requested information, the regional planning agency shall review it and may only request any additional information needed to clarify the information received or to answer new questions raised by, or directly related to, the information received. The regional planning agency may request additional information no more than twice, unless the developer waiver this limitation. If the applicant does not provide information requested by the regional planning agency within 120 days of the regional planning agency’s request, or within a time agreed upon by the applicant and the regional planning agency, the application shall be considered withdrawn. The applicant may request that the regional planning agency arrange a conference with the appropriate reviewing agencies after the applicant has received the second request for additional information from the regional planning agency and prior to the submission by the applicant of information in response to that request. The purpose of such a conference is to resolve any reviewing agency’s informational needs.

(d) When the regional planning agency determines that the application is sufficient to begin review or receives notification from the applicant that additional information requested will not be supplied, the regional planning agency shall provide written notice within ten (10) days to the appropriate local government pursuant to subsection 380.06(10)(c), Florida Statutes, stating that the application contains sufficient information for the regional planning agency to being review pursuant to the criteria of subsection 380.06(12), Florida Statutes, or that no additional information will be provided by the applicant, and that a public hearing date may be set. Notice of such determination shall also be provided to all reviewing agencies.

(e) The regional planning agency shall keep all affected agencies informed of the progress of the DRI review process and otherwise coordinate reviews of DRIs.

1. To further effectuate these review processes, the regional planning agency may encourage additional conferences, the development of permit processing schedules with other agencies, concurrent processing of applications, the use of the DRI application for development approval as a substitute for permit data requirements or plans, and other appropriate techniques.

2. No later than May 15 of each year beginning in 1984, each regional planning agency shall forward a report of state, regional and local agency participation in the DRI review process within the region for the preceding year to the Division. This report shall include Form RPM-BSP-AGENCIES-1 and shall contain data about requests for, and the incidence and extent of, agency participation in DRI and optional conceptual reviews.

Specific Authority 380.032(2)(a), 380.06(23)(a) FS. Law Implemented 380.06(5)-(7), (9), (10), (21), (22), (25), 380.061 FS. History–New 7-7-76, Amended 5-4-83, Formerly 27F-1.20, 9B-16.22, Amended 11-20-90, 2-21-01.