9J-2.0257. Special Hurricane Preparedness Districts for Developments of Regional Impact (Transferred)

(1) Purpose. A county or region may be designated a “special hurricane preparedness district” based on unique regional hurricane preparedness considerations. Such a designation may allow a county or region to implement hurricane preparedness mitigation strategies for developments of regional impact which may not be deemed appropriate as identified in subsection (5) of Rule 9J-2.0256, Florida Administrative Code. Additionally, vertical evacuation may be employed by developments of regional impact within a special hurricane preparedness district if such a strategy has been identified as an acceptable mitigation alternative in a petition to the Department for designation. It is the intent of this rule that a special hurricane preparedness district shall not be designated on an individual project or municipal government basis.

(2) Definitions. For purposes of this rule the definitions are the same as those identified in Rule 9J-2.0256, Florida Administrative Code.

(3) Implementation. A county or region must petition the Department in writing in order to be considered for designation as a special hurricane preparedness district. Such a request shall identify why the county or region should be designated and establish what types of hurricane preparedness mitigation measures will be applied to developments of regional impact within the district. The request shall be based on unique regional hurricane preparedness considerations which have been identified as a major regional issue and addressed with appropriate policies in an adopted comprehensive regional policy plan, in an adopted comprehensive plan or adopted hurricane preparedness ordinance, or in the adopted management plans or principles for guiding development for those areas designated by the Legislature at the recommendation of the Department pursuant to Sections 380.045 and 380.05, Florida Statutes, respectively. In addition, the request for designation should be based on, but not limited to, the following types of generalized regional or county considerations:

(a) The overall land elevation and the amount of area anticipated to flood during a hurricane event;

(b) The transportation system and its ability to transport residents to safe areas within a reasonable time;

(c) Less than twenty percent of a county’s or region’s hurricane shelters are available to the population during a 100-year or category three hurricane event; and

(d) The percentage of the total population anticipated to evacuate.

(4) Designation. Upon receiving a petition requesting designation as a special hurricane preparedness district from a county or region, the Department shall have thirty (30) days to notify the petitioner whether sufficient information regarding the need for designation and the acceptability of proposed mitigative measures has been submitted in the petition or if additional information is required. A petition for a special hurricane preparedness district designation is complete when the Department determines that all documentation and information it finds necessary to evaluate the request has been provided. The Department shall determine if the special hurricane preparedness district designation is appropriate within 45 days after receipt of a complete petition. If the request for designation is deemed inappropriate by the Department, a written response shall be sent to the petitioner identifying why designation was found to be inappropriate. If the petition for designation is deemed appropriate by the Department, a written notification shall be sent to the petitioner indicating the Department’s intention of amending this rule to incorporate the special designation. The designation shall not become effective until the rule has been amended. The Department’s designation shall also identify the hurricane preparedness mitigation alternatives that are deemed appropriate for developments of regional impact within the special hurricane preparedness district based on the unique regional considerations which were identified in the petition. In counties or regions that have been designated as special hurricane preparedness districts, the developer of a development of regional impact shall have the option to mitigate regional hurricane preparedness impacts as detailed in Rule 9J-2.0256, Florida Administrative Code. However, if the developer of a development of regional impact chooses to mitigate regional hurricane preparedness impacts by using the alternatives identified in the special hurricane preparedness district designation, the DRI development order must include a provision that requires that all deeds to property located within the proposed development be accompanied by a disclosure statement. The disclosure statement must be in the form of a covenant stating that the property is located in a hurricane vulnerability zone and that the hurricane evacuation clearance time for the county or region is high and/or hurricane shelter spaces are limited.

(5) Designation of Southwest Florida as a Special Hurricane Preparedness District for Developments of Regional Impact. Based on a written request supported by data and information received from the Southwest Florida Regional Planning Council, the Department designates the area contained within the category three hurricane flood zone as identified in the Hurricane Evacuation Study Update, 1995 Southwest Florida Regional Planning Council within the counties of Sarasota, Charlotte, Lee, and Collier as a special hurricane preparedness district for developments of regional impact. More specifically, the area that is designated as a special hurricane preparedness district for developments of regional impact is that portion of Southwest Florida that lies outside of areas subject to the impacts of a category two storm but within the area anticipated to be impacted by a category three hurricane as identified in the Hurricane Evacuation Study Update, 1995 Southwest Florida Regional Planning Council. The Department’s designation is based on the following facts regarding the coastal counties of Southwest Florida:

(a) Large portions of the land area are anticipated to flood during a category three hurricane event;

(b) More than 70 percent of the region’s population is vulnerable to a category three hurricane event;

(c) A large percentage of the region’s population is aged or infirmed;

(d) Regional evacuation times are extremely high and major interregional evacuation routes are limited and/or prone to flooding during a hurricane event;

(e) Less than 20 percent of the region’s public hurricane shelter spaces are available to the population during a category three hurricane event;

(f) Adjacent inland county public shelter space is limited; and

(g) Large portions of the region are vested for development through Chapters 163 and 380, Florida Statutes, development orders and vested rights determinations.

(6) Mitigation of Hurricane Preparedness Impacts Within the Designated Special Hurricane Preparedness District of Southwest Florida. Mitigation of regional hurricane preparedness impacts within the designated Special Hurricane Preparedness District of Southwest Florida may be mitigated consistent with Rule 9J-2.0256, Florida Administrative Code. If a DRI developer within the designated special hurricane preparedness district chooses not to mitigate a development’s regional hurricane preparedness impacts consistent with Rule 9J-2.0256, Florida Administrative Code, the following mitigative criteria must be met:

(a) The DRI development order must incorporate those requirements identified in subsection (4) of Rule 9J-2.0257, Florida Administrative Code.

(b) The first finished floor of all residential units shall be elevated above the anticipated category three flood level as identified by the regional hurricane evacuation study or all residential development with finished first floor levels below the anticipated category three flood level shall provide onsite shelter facilities where it is determined that the necessary evacuation roadway or public hurricane shelter capacity is unavailable or inadequate according to the regional hurricane evacuation study.

(c) All residential development shall provide shelter space at a ratio consistent with Rule 9J-2.0256, Florida Administrative Code, in common areas or other shelter areas.

(d) Mobile home developments shall have onsite storm evacuation centers with sufficient structural characteristics, warning systems, and evacuation procedures consistent with the requirements identified in subparagraph 9J-2.0256(5)(b)1., Florida Administrative Code, for the resident population in the event of a hurricane.

(e) All onsite shelters within the category three hurricane evacuation zone shall be elevated to the anticipated category three flood level, be constructed to withstand winds of at least 120 miles per hour, be equipped with emergency power and potable water supplies, be constructed with a minimum of exterior glass, while providing adequate protection by shutters or boards for any glass used, and, have adequate ventilation, sanitary facilities, and first-aid equipment.

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