9J-2.0256. Hurricane Preparedness Policy Rule (Transferred)

(1) Purpose. This rule establishes how the Department will evaluate the impacts of proposed development on hurricane preparedness in the review of applications for a binding letter of interpretation of development of regional impact (DRI) status, in the review of proposed DRI development agreements, in the review of conditions in DRI development orders, and in the review of applications for development approval (ADA).

(2) Definitions. As used in this rule:

(a) “Strategic regional policy plan” means those plans developed according to Section 186.507, Florida Statutes, and adopted pursuant to Section 186.508, Florida Statutes.

(b) “Department” means the Florida Department of Community Affairs.

(c) “High hazard hurricane evacuation area” means the areas identified in the most current regional hurricane evacuation study as requiring evacuation during a category one hurricane event.

(d) “Hurricane evacuation routes” means the routes designated by county emergency management officials that have been identified with standardized statewide directional signs by the Florida Department of Transportation, or are identified in the regional hurricane evacuation study for the movement of persons to safety in the event of a hurricane. Pursuant to paragraph 9J-2.0255(4)(d), Florida Administrative Code, the Department considers hurricane evacuation routes to be regionally significant roadways.

(e) “Hurricane shelter space” means, at a minimum, an area of twenty square feet per person located within a hurricane shelter.

(f) “Hurricane vulnerability zone” means the areas delineated by a regional hurricane evacuation study as requiring evacuation in the event of a 100-year or category three hurricane event.

(g) “Inland shelter study” or “inland shelter plan” means the studies produced by the Department and the state’s regional planning councils which detail regional public hurricane shelter availability according to various simulated regional hurricane events. The following studies are incorporated by reference: East Central Florida Inland Shelter Plan (1989);

This study is available at the respective regional planning councils.

(h) “Local comprehensive plan” means a plan or element or portions thereof prepared, adopted, or amended pursuant to Part II of Chapter 163, Florida Statutes, as amended.

(i) “Mobile home” means a structure as defined in subsection 320.01(2), Florida Statutes.

(j) “Park trailer” or “park model recreational vehicle” means a structure as defined in subparagraph 320.01(1)(b)7., Florida Statutes.

(k) “Local Comprehensive Emergency Management Plan” means those plans developed by a county according to the provisions of Chapters 9G-6 and 9G-7, Florida Administrative Code, under the authority provided in Section 252.38, Florida Statutes.

(l) “Primary public hurricane shelter” means a structure designated by local emergency management officials as a place for shelter during a hurricane event. For purposes of this rule, primary public hurricane shelter includes only those structures which are located outside of the high hazard hurricane evacuation area and which have been designated by the local government and the American Red Cross as primary shelters.

(m) “Recreational vehicle” means a vehicle as defined in paragraph 320.01(1)(b), Florida Statutes, except for park trailers.

(n) “Regional hurricane evacuation study” or “regional hurricane evacuation plan” means the studies produced by the Department, the state’s regional planning councils, the U. S. Army Corps of Engineers, or the Federal Emergency Management Agency, which detail regional hurricane evacuation clearance times and public hurricane shelter availability according to various simulated regional hurricane events. The following studies are incorporated by reference:

1. Central Florida Regional Hurricane Evacuation Study Update, 1995, Central Florida Regional Planning Council;

2. South Florida Regional Hurricane Evacuation Study, 1996, South Florida Regional Planning Council;

3. Treasure Coast Region Hurricane Evacuation Study Update, 1994, U.S. Army Corps of Engineers;

4. Hurricane Evacuation Study, Southwest Florida, Update, 1995, Southwest Florida Regional Planning Council;

5. East Central Florida Regional Hurricane Evacuation Study Update, 2000, East Central Florida Regional Planning Council;

6. Northeast Florida Hurricane Evacuation Study, 1998, Northeast Florida Regional Planning Council;

7. Tampa Bay Region Hurricane Evacuation Study, 2000, Tampa Bay Regional Planning Council;

8. Northwest Florida Hurricane Evacuation Study, 1999, U.S. Army Corps of Engineers;

9. Cedar Key Basin Hurricane Evacuation Study, 1996, U.S. Army Corps of Engineers, (applicable to Withlacoochee and North Central Florida regions);

10. Apalachee Bay Region Hurricane Evacuation Study, 1997, U.S. Army Corps of Engineers.

These studies are available at the respective regional planning councils.

(o) “Secondary public hurricane shelter” means a structure designated by local emergency management officials and the American Red Cross as a shelter during a hurricane but does not meet the criteria identified in paragraph (l) above.

(p) “Special hurricane preparedness district” means a county or region that has been designated by Department rule for special consideration because of its unique hurricane vulnerability and preparedness situation.

(q) “Vertical evacuation” means the preplanned use of predetermined structures located in the hurricane vulnerability zone as hurricane shelters, and the onsite or inplace sheltering of residents in single or multi-family structures which are elevated above the predicted flood levels anticipated within the hurricane vulnerability zone.

(3) Application. This rule shall apply to all proposed mobile home and park trailer developments, all proposed residential developments located in the hurricane vulnerability zone, and all proposed recreational vehicle and hotel/motel developments located in the high hazard hurricane evacuation area.

(4) Determination of Substantial Impact on Regional Hurricane Preparedness. This section shall be used by the Department in the development of binding letters of interpretation and development agreements, in the review of applications for development approval, and in the review of DRI development orders. Any proposed development which exceeds the thresholds identified in paragraphs (a), (b), or (c) below, shall be determined by the Department to have a substantial impact on regional hurricane preparedness.

(a) When a development is proposed in a county where a public hurricane shelter space deficit is shown to exist according to the applicable, incorporated regional hurricane evacuation study, inland shelter study or county shelter assessment based on an adopted county peacetime emergency plan, and the proposed development’s anticipated public hurricane shelter space demand will require a minimum of 200 additional spaces, or five percent of the county’s public hurricane shelter space capacity, whichever is less, the proposed development will be determined by the Department to have a significant regional impact on public hurricane shelter space availability.

(b) When a development is proposed in a county where a public hurricane shelter space surplus is shown to exist according to the applicable, incorporated regional hurricane evacuation study, inland shelter study or county shelter capacity assessment based on an adopted county peacetime emergency plan, and the proposed development’s anticipated public hurricane shelter space demand is projected to move the county into a deficit situation of 200 or more spaces, the proposed development will be determined by the Department to have a significant regional impact on public hurricane shelter space availability.

(c) When a development is proposed in a hurricane vulnerability zone and the proposed development’s anticipated evacuation traffic will utilize twenty-five (25) percent or more of an identified hurricane evacuation route’s level of service E hourly directional maximum service volume based on the Florida Department of Transportation’s Generalized Peak Hour/Peak Direction Level of Service Maximum Volumes presented in the Florida Highway Systems Plan Level of Service Standards and Guidelines Manual and hereby incorporated by reference, the proposed development will be determined by the Department to have a significant regional impact on hurricane evacuation.

(5) Mitigation of Hurricane Preparedness Impacts. Due to the extreme vulnerability of the State of Florida to the impacts of hurricanes, the Department considers public hurricane shelters and hurricane evacuation routes as important public facilities that are required to insure the health, safety, and welfare of the residents of the state. In order to implement this policy, it is the intent of the Department to set forth in this rule hurricane preparedness conditions which, if included in a DRI development order and which ensure that the development’s anticipated regional hurricane preparedness impacts are mitigated in a timely manner, would be deemed by the Department to comply with the requirements of subparagraph 380.06(15)(e)2., Florida Statutes. Such conditions would therefore not be the basis for the appeal of the development order by the Department on issues related to hurricane preparedness. The Department will review mitigative measures for all ADA proposals and DRI development orders that are determined to have a substantial impact on regional hurricane preparedness based on the criteria identified in subsection (4) above. Pursuant to subparagraph 380.06(15)(e)2., Florida Statutes, a DRI development order issued by a local government must make adequate provisions for the public facilities needed to accommodate the impacts of the proposed development. Any single or combination of mitigative techniques detailed in paragraphs (a) and (b) below must provide for mitigation equivalent to the proposed development’s anticipated hurricane preparedness impacts. However, nothing contained herein shall preclude the local government from including hurricane preparedness conditions in a development order that are more stringent than those detailed in paragraphs (a) and (b) below.

(a) Techniques which shall be used singly or in concert pursuant to the provisions of subsection (5) above to mitigate the anticipated impact of a proposed development on public hurricane shelter availability are:

1. Donation of land for public facilities or donation of the use of private structures to be used as primary public hurricane shelters; however, the site or private structure shall be located in an area outside of the identified high hazard hurricane evacuation area. The facility shall be constructed in such a way as to insure its usefulness and use as a primary public hurricane shelter to offset, at a minimum, the impacts of the approved DRI development. In order to use this mitigation option, the developer must provide reasonable assurance from the local political subdivision and from local emergency management officials regarding the ability of the donation to reduce hurricane shelter impacts.

2. Provision of payments in lieu of donation of land for the upgrading of existing primary and secondary hurricane shelters located outside the identified hurricane vulnerability zone so as to increase the county’s primary public hurricane shelter space availability equal to the proposed development’s anticipated public hurricane shelter space demand. Upgrading for purposes of this rule shall include the addition of hurricane storm shutters to facilities, provision of electric generators, provision of potable water storage capability, and other items which may be appropriate for a public hurricane shelter. In order to use this mitigation option, the developer must provide reasonable assurance from the local political subdivision and from local emergency management officials regarding the provision’s ability to reduce the development’s hurricane shelter impacts.

3. Provision of onsite shelter where the proposed shelter would be located outside of the identified hurricane vulnerability zone and the project includes a community center or other facility suitable for use as hurricane shelter and provides, at a minimum, shelter space available and equal to the proposed development’s anticipated hurricane shelter space demand. Examples of community facilities include, but would not be limited to, clubhouses and recreation centers. All community facilities that are to be used as hurricane shelters under this mitigation option must be equipped with appropriate items as identified in subsection (2) above, and must be approved by local emergency management officials.

4. Provision of funds to be used for the purpose of training public hurricane shelter managers through a program provided by the local chapter of the American Red Cross, local emergency management officials, or the Department. In order to use this mitigation option, the developer must provide reasonable assurance from local emergency management officials and the local chapter of the American Red Cross regarding the provision’s ability to reduce the development’s hurricane shelter impacts.

5. Provision for the limitation of development to a density that does not cause substantial impact on regional hurricane preparedness as identified in subsection (4), paragraphs (a) and (b) above.

(b) Techniques which shall be used singly or in concert pursuant to the provisions of subsection (5) above to mitigate the anticipated impact of a proposed development on hurricane evacuation are:

1. Provision for the establishment and maintenance of a public information program within an existing homeowners association for the purpose of educating the development’s residents regarding the potential hurricane threat; the need for timely evacuation in the event of an impending hurricane; the availability and location of hurricane shelters; and the identification of steps to minimize property damage and to protect human life. In order to use this mitigation option, the developer must develop a continuing hurricane awareness program and a hurricane evacuation plan. The hurricane evacuation plan shall address and include, at a minimum, the following items: operational procedures for the warning and notification of all residents and visitors prior to and during a hurricane watch and warning period; a public awareness program which addresses vulnerability, hurricane evacuation, hurricane shelter alternatives including hotels, friends and public hurricane shelter locations, and other protective actions which may be specific to the development; identification of who is responsible for implementing the plan; and other items as deemed appropriate. Where hurricane shelter space is being made available by the developer, it shall be addressed in the plan and shelter managers identified, and specific responsibilities established. Where the proposed development will include a private security force, the plan shall identify how the force will be integrated with the local sheriff’s personnel or other responsible agencies during an impending hurricane event in order to assist in the notification, warning, and evacuation of the development’s residents. The plan shall be developed in coordination with local emergency management officials. In order to use this mitigation option, the final plan must be found sufficient by the reviewing agencies and must address the recommendations provided by the reviewing agencies.

2. Provision for the elevation of all roads within the proposed development above the anticipated category three hurricane flood levels when these roadways are anticipated to flood during the category three hurricane event, therefore making evacuation impossible. This provision could also include the requirement of special drainage treatment for low-lying flood prone roads, elevation of roads leading to hurricane shelters which would be utilized by the development’s residents, or elevation of off-site roads which are low-lying and flood prone and which would serve as the only evacuation route for the development’s residents during a hurricane event.

3. Provision of roadway capacity improvements committed to by the developer above and beyond the improvements required by Rule 9J-2.045, Florida Administrative Code, when those regional roadways anticipated to be impacted by the proposed development are also identified hurricane evacuation routes. Such provisions shall be consistent with adopted state, regional, and local infrastructure policies.

4. Provision of funds to be used for the purpose of procuring communications equipment which would upgrade the existing warning and notification capability of local emergency management officials. In order to use this mitigation option, the developer must provide reasonable assurance from local emergency management officials regarding the provision’s ability to reduce the development’s hurricane evacuation impacts.

5. Provision for the limitation of development to a density that does not cause substantial impact on regional hurricane preparedness as identified in subsection (4), paragraph (c) above.

(c) Mitigative techniques other than those identified in paragraphs (a) and (b) above may be employed; however, the developer shall demonstrate their appropriateness and ensure that the development’s anticipated hurricane preparedness impacts are mitigated pursuant to subsection (5) of this rule.

(6) Vertical Evacuation. Vertical Evacuation is not an acceptable mitigation alternative unless it has been deemed an appropriate mitigation alternative in a designated special hurricane preparedness district pursuant to Rule 9J-2.0257, Florida Administrative Code. Any development order which requires utilization of vertical evacuation in order to mitigate a development’s identified hurricane preparedness impacts may be subject to appeal by the Department.

(7) Construction of Rule. The rule shall not be construed to limit the ability of local governments to adopt more stringent mitigative measures than those delineated in this rule.

Specific Authority 380.032(2)(a), 380.06(23)(a), (c)1. FS. Law Implemented 380.06(23)(b) FS. History–New 11-30-88, Amended 7-11-90, Amended 2-21-01.