9J-2.027. Monitoring and Enforcement (Transferred)

(1) The Department of Community Affairs shall promote the monitoring of existing or potential developments and the enforcement of Chapter 380, Florida Statutes, and any rules, regulations, or orders issued thereunder. The Department shall seek assistance from other state agencies, regional agencies and local governments in identifying potential developments which appear to be DRIs because of their character, magnitude or location and shall request state and regional agencies to notify the regional planning agency with jurisdiction or the Department of such developments.

(2) The Division may monitor any development described in Chapter 28-24, Florida Administrative Code, which may be at or greater than 100 percent of any applicable numerical threshold in the guidelines and standards in Section 380.0651, Florida Statutes, and Chapter 28-24, Florida Administrative Code. As used above, the term “monitor” means to notify a developer in writing that a development may be a DRI and to request that the developer advise the Division as to his development plans and as to his understanding of the applicability of Chapter 380, Florida Statutes. This notice shall also include a copy of Chapter 380, Florida Statutes, and any other pertinent rules and regulations. Copies of binding letter application forms may also be included and shall be used by the developer if he requests a Binding Letter of Interpretation from the Division.

(3) The Department shall seek assistance from state agencies, regional agencies, and local governments in identifying, monitoring and enforcing the requirements of Chapter 380, Florida Statutes, any DRI development order issued by a local government, and any order contained in a binding letter of interpretation issued by the Department.

(a) The local government issuing the DRI development order is primarily responsible for monitoring and enforcing the provisions of the development order and making substantial deviation determinations pursuant to subsections 380.06(15) and (19), Florida Statutes. Local governments shall not issue any permits or approvals or provide any extensions of services if the developer fails to act in substantial compliance with the development order.

(b) The regional planning agency shall send copies of local government DRI development orders, or relevant portions thereof, to state or regional agencies that either have participated in the review of the DRI or are identified as having planning or permitting responsibilities related to the DRI and have requested copies of development orders.

(c) The regional planning agency shall review the biennial report required by subsection 380.06(18), Florida Statutes, and other information available to the agency and, when appropriate, notify the local government and the Department of potential violations of Section 380.06, Florida Statutes.

(4) Pursuant to Section 380.11, Florida Statutes, the Department may institute an administrative proceeding against any alleged violator of Chapter 380, Florida Statutes, or any rules, regulations, or orders issued thereunder.

(5) Pursuant to Section 380.11, Florida Statutes, the Department, all state attorneys, and all counties and municipalities may bring an action for injunctive relief against any person or developer found to be in violation of Chapter 380, Florida Statutes, or any rules, regulations or orders issued thereunder.

Specific Authority 380.032(2), 380.06(23) FS. Law Implemented 380.06(15), (17)-(19), 380.11 FS. History–New 5-4-83, Formerly 9B-16.27, Amended 11-20-90, 6-1-03.