9J-2.025. Local Government Development Orders (Transferred)

(1) This rule provides the form, manner of rendition and contents for development orders issued by local governments in Florida for DRIs pursuant to subsection 380.06(15), Florida Statutes.

(2) Without an effective development order, the developer shall not have authorization to develop any portion of the development covered by the Application for Development Approval unless the developer has obtained an agreement with the Department of Community Affairs pursuant to subsection 380.032(3) or 380.06(8), Florida Statutes.

(3) Requirements for a DRI development order:

(a) Any development order shall:

1. Consist of a written document, which shall be printed, typewritten or otherwise duplicated in legible form on white paper;

2. Include copies of all exhibits, attachments, references, and written materials, including portions of ordinances referenced in the text. The local government and the Division may enter into an agreement whereby major ordinances are transmitted in their entirety to the Division, followed by the transmittal of copies of all revisions in lieu of transmitting the entire ordinance with each individual development order;

3. Include copies of the application for development approval if the developer has not certified that a complete copy of the application as modified or amended has been delivered to all of the parties identified in this section;

4. Include copies of any supplements, development plans or specifications which are approved with the order, but which are not in the Application for Development Approval; and

5. Contain the signature of the official head of the governmental body issuing the order or the signature of an authorized representative of the governmental body, and shall contain an original certification as being a complete and accurate copy of the development order.

(b) The copy of any development order rendered to the Division, the regional planning agency, and the owner or developer shall contain the following:

1. The name of the development;

2. The authorized agent of the developer;

3. The name of the developer and name of the owner if different than the developer;

4. A statement that:

a. The application for development approval is approved;

b. The application for development approval is approved subject to conditions, specifying the conditions; or

c. The application for development approval is denied, specifying the reasons for denial and changes in the development proposal, if any, that would make it eligible to receive a development approval;

5. If approved, contain a description of the development which is approved, is reflected in a master plan exhibit, and specifies and describes: acreage attributable to each described land use; the magnitude of each land use, utilizing all land use criteria of each applicable threshold as identified in Section 380.0651, Florida Statutes, and Chapter 28-24, Florida Administrative Code; open space; areas for preservation; green belts; structures or improvements to be placed on the property including locations; and other major characteristics or components of the development;

6. Findings of fact and conclusions of law addressing whether and the extent to which:

a. The development unreasonably interferes with the achievement of the objectives of an adopted state land development plan applicable to the area;

b. The development is consistent with the State Comprehensive Plan;

c. The development is consistent with the local land development regulations and the adopted local comprehensive plan;

d. The development will be consistent with the report and recommendations of the regional planning agency submitted pursuant to subsection 380.06(12), Florida Statutes;

7. A legal description of the property including the acreage;

8. The monitoring procedures and the local official responsible for assuring the development’s compliance with the development order;

9. A provision incorporating by reference the application for development approval and other relevant written documents;

10. Compliance dates for the development order, including a deadline for commencing physical development and for compliance with conditions of approval or phasing requirements, and including a project termination date that reasonably reflects the time required to complete the development;

11. Project buildout date and phasing buildout dates;

12. An expiration date for the development order;

13. Establishment of a date until which the local government agrees that the approved DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the local government can demonstrate that substantial changes in the conditions underlying the approval of the development order have occurred, or that the development order was based on substantially inaccurate information provided by the developer, or that the change is clearly established by local government to be essential to the public health, safety, or welfare; and

14. Specification of the requirements for the biennial report designated under subparagraph 380.06(15)(c)4. and subsection (18), Florida Statutes, including the date of biennial submission, parties to whom the report is to be submitted, and contents of the report as specified by subsection 9J-2.025(7), Florida Administrative Code.

(c) A development order may contain provisions which specify the types of changes to the development, in addition to those listed under subsection 380.06(19), Florida Statutes, which shall require a substantial deviation determination or which shall be deemed to constitute a change that requires further DRI review.

(4) Within 30 days after the DRI public hearing is concluded, the local government shall formally adopt and render a written decision on the application for development approval in the form of a development order unless an extension of time is requested in writing by the developer.

(5) Complete copies of all development orders issued pursuant to Section 380.06, Florida Statutes, including any amendments or modifications to previously issued development orders, shall be rendered by the local government to the Division of Community Planning, to the appropriate regional planning agency, and to the owner or developer of the property subject to such order. As used in this chapter, rendition or rendering means issuance of a written development order and transmittal of a certified completed copy of the order by the local government with jurisdiction, together with all pertinent attachments. The rendition shall be by first class certified U.S. Mail or other delivery service for which a receipt as proof of service is required to the Department of Community Affairs, Division of Community Planning, the regional planning agency, and the owner or developer. A certified return receipt for U.S. Mail shall be prima facie evidence of transmittal. A DRI development order will not be considered to have been rendered if it is transmitted by facsimile machine, or if all pages, exhibits, references, and attachments are not included or are not legible. A development order shall take effect upon transmittal to the parties specified in subsection 380.07(2), Florida Statutes, unless a later effective date is specified in the order. The effectiveness of a development order shall be stayed by the filing of a notice of appeal pursuant to Section 380.07, Florida Statutes.

(6) Conditions of approval of a development order that require developer exactions shall comply with paragraphs 380.06(15)(d), (e), and subsection 380.06(16), Florida Statutes.

(7) The development order shall specify the requirements for the biennial report as required in subsections 380.06(15) and (18), Florida Statutes. The biennial report shall be submitted to the Division of Community Planning, the appropriate regional planning council and local government on Form RPM-BSP-BIENNIAL REPORT-1. Every development order shall require the biennial report to include the following:

(a) Any changes in the plan of development, or in the representations contained in the Application for Development Approval, or in the phasing for the reporting year and for the next year;

(b) A summary comparison of development activity proposed and actually conducted for the year;

(c) Identification of undeveloped tracts of land, other than individual single family lots, that have been sold to a separate entity or developer;

(d) Identification and intended use of lands purchased, leased or optioned by the developer adjacent to the original DRI site since the development order was issued;

(e) A specific assessment of the developer’s and the local government’s compliance with each individual condition of approval contained in the DRI development order and the commitments which are contained in the Application for Development Approval and which have been identified by the local government, the Regional Planning Council or the Department of Community Affairs as being significant;

(f) Any known incremental DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year and to be filed during the next year;

(g) An indication of a change, if any, in local government jurisdiction for any portion of the development since the development order was issued;

(h) A list of significant local, state and federal permits which have been obtained or which are pending by agency, type of permit, permit number and purpose of each;

(i) A statement that all persons have been sent copies of the biennial report in conformance with subsections 380.06(15) and (18), Florida Statutes; and

(j) A copy of any recorded notice of the adoption of a development order or the subsequent modification of an adopted development order that was recorded by the developer pursuant to paragraph 380.06(15)(f), Florida Statutes.

(k) If no additional development pursuant to the development order has occurred since the submission of the previous report, then a letter from the developer stating that no development has occurred shall satisfy the requirement for the biennial report.

(l) The biennial report for an Areawide or a Downtown DRI shall only be required to include the information required in paragraphs (a), (b), (e), (f), (g), (i), (j) and (k) of this subsection, and any information requirements specified for biennial reports in paragraph 9J-2.029(2)(d), Florida Administrative Code, or Chapter 9J-3, Florida Administrative Code, whichever is applicable.

(8) Where possible, local governments shall issue development orders concurrently with any other local permits or development orders that may be applicable to the proposed development. A local government shall not issue any permits authorizing development of all or a portion of a DRI prior to the issuance of a development order for the DRI unless such development is authorized in an agreement entered into pursuant to subsections 380.032(3) and 380.06(8), Florida Statutes.

(9) Pursuant to subsection 380.06(17), Florida Statutes, the local government issuing the development order shall establish procedures and assign staff responsibilities for monitoring the development and enforcing the terms of the development order.

(10) If a development order is issued approving or approving with conditions the application for development approval, subsequent requests for local development permits need not require further DRI review by the regional planning agency unless otherwise stipulated in the development order. Factors requiring further DRI review shall include:

(a) A substantial deviation as defined by subsection 380.06(19), Florida Statutes, from the terms or conditions in the development order or other changes to the approved development plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which have not been evaluated in the review by the regional planning agency;

(b) Expiration of the period of effectiveness of the development order; or

(c) Conditions in the development order which specify circumstances in which the development shall be required to undergo additional development of regional impact review.

(11)(a) For a substantial deviation determination, a notice of a proposed change to a previously approved DRI shall be submitted, simultaneously, to the local government, the appropriate regional planning agency, and the Division using Form RPM-BSP-PROPCHANGE-1 and must include the precise development order language which the developer proposes to add, delete, or modify. If such proposed language is not included as required pursuant to subparagraph 380.06(19)(f)1., Florida Statutes, the notice of a proposed change will not be considered to have been officially submitted.

(b) At least 30 days, but no more than 45 days, after the developer has officially submitted Form RPM-BSP-PROPCHANGE-1, the local government shall then give at least 15 days’ notice of a public hearing to be held to determine whether the proposed change is a substantial deviation.

(c) Pursuant to subparagraph 380.06(19)(f)4., Florida Statutes, the Division or the appropriate regional planning agency shall review the proposed change, and within 45 days of submittal of Form RPM-BSP-PROPCHANGE-1, unless that time is extended by the developer, shall advise the local government in writing whether it objects to the proposed change, shall specify the reasons for its objection, if any, and shall provide a copy to the developer.

(d) Any change to a previously approved DRI which the developer believes meets the criteria of subparagraphs 380.06(19)(e)1. and 2., Florida Statutes, shall be submitted to the Division, the local government, and the regional planning agency using Form RPM-BSP-PROPCHANGE-1. Such changes are considered cumulatively with all other previous changes to the DRI in determining whether the conditions of subparagraphs 380.06(19)(e)1. and 2., Florida Statutes, are met. Any change which does meet these criteria is not subject to a public hearing to make a substantial deviation determination but is subject to any local government public hearing requirements that are necessary to amend the DRI development order.

(e) Finding a change to a previously approved DRI to be a substantial deviation shall be rendered in the form of a development order consistent with the provisions of subsection (2) and subparagraphs (4)(a)1., (4)(a)5., (4)(b)1., (4)(b)2., and (4)(b)3. of this section and shall contain a statement of the basis for the determination.

(f) Finding a change to a previously approved DRI not to be a substantial deviation shall be in the form of a development order consistent with all of the provisions of subsections (1), (2) and (3) of this section and those provisions of subsections (4), (6), (7), (8), (9) and (10) of this section that are applicable and appropriate to address the approved changes to the previously approved plan of development.

Specific Authority 380.032(2)(a), 380.06(19)(f)1., (23)(a) FS. Law Implemented 380.06(5)(a)1., (13), (14), (15), (17), (18), (19), 380.07(2) FS. History–New 7-7-76, Amended 5-4-83, 7-7-85, Formerly 22F-1.23, 27F-1.23, 9B-16.25, 9J-2.25, Amended 11-20-90, 2-21-01, 6-1-03.