9J-2.0275. Aggregation Rule (Transferred)

(1) Purpose. The purpose of this rule section is to establish the terms and definitions which will be used to determine which of the development types listed in Chapter 28-24, Florida Administrative Code, will be aggregated pursuant to subsection 380.0651(4), Florida Statutes.

(2) Definitions. As established in this rule section:

(a) “Physically proximate” means that any portion of two or more developments is located:

1. No more than one-fourth (1/4) mile apart in areas designated as urbanized areas in the latest decennial census, as revised, by the U. S. Department of Commerce, Bureau of Census. [This information may be obtained from the U.S. Department of Commerce or viewed at the appropriate Regional Planning Council offices]; or

2. No more than one-half (1/2) mile apart in areas that are not designated as urbanized areas by the Census Bureau. When any portion of the two or more developments is located within an area not designated as urbanized, the criteria in subparagraph (2)(a)2., Florida Administrative Code, shall apply. Notwithstanding anything in this rule to the contrary, two or more developments will be considered physically proximate when they are separated by property contiguous to the developments that are owned or controlled by the same person or entity who owns or controls a significant legal or equitable interest in those developments sought to be aggregated, so long as the distance between the developments does not exceed two miles.

(b) “Significant legal or equitable interest” means that the same person has an interest or an option to obtain an interest of more than 25 percent (25%) in each development for the following types of interests:

1. A fee simple estate;

2. A leasehold estate of more than thirty (30) years duration;

3. A life estate;

4. Mineral rights in mining developments; or

5. Similar equitable, beneficial or real property interests in the development. A lessor’s interest under a lease of more than thirty (30) years duration is not a significant legal or equitable interest.

(c) “Reasonable closeness in time” for the purposes of this rule will mean within five (5) years.

(d) “Completion of 80 percent (80%)” means:

1. For purposes of residential development, when up to 80 percent (80%) of all improved lots or parcels have been constructed or received certificates of occupancy or have been sold to bona fide third party purchasers or when 80 percent (80%) of all dwelling units have received certificates of occupancy.

2. For purposes of all other types of development, up to 80 percent (80%) of all improved lots or parcels have been sold to bona fide third party purchasers or when 80 percent (80%) of all of the development has received certificates of occupancy, or when no certificates of occupancy are required for the use of the development, when 80 percent (80%) of the physical development activity or construction has occurred.

3. For purposes of satisfying the above eighty percent (80%) standard, the development and approval actions listed in subparagraphs 1. and 2. may be added together and accumulated.

(e) “Sharing of infrastructure” means the voluntary joint use by two or more developments of internal roadways, internal recreational facilities or parks, amenities, or water, sewage or drainage facilities specifically constructed to accommodate the developments sought to be aggregated. Shared infrastructure does not include:

1. Any joint or shared use of private or public infrastructure specifically required under an established policy if general applicability as set forth under a comprehensive plan adopted pursuant to Chapter 163, Florida Statutes, an adopted local government ordinance or resolution, state statute or by adopted rule of regional or state regulatory agencies;

2. Any joint or shared use of public recreational facilities or parks so long as they were not conveyed by a person with a significant legal or equitable interest in the developments sought to be aggregated;

3. Any joint or shared used of publicly financed drainage or stormwater management facilities, roadways or water or sewer facilities which were not constructed or financed specifically to accommodate the developments considered for aggregation; or

4. Design features, financial arrangements, donations, or construction that is specified in and required by an agreement under paragraph 380.0651(4)(e), Florida Statutes.

(f) “Common advertising scheme or promotional plan” means any depiction, illustration, or announcement which indicates a shared commercial promotion of two or more developments as components of a single development and is designed to encourage sales or leases of property.

(3) If each development considered for aggregation received authorization to commence development prior to September 1, 1988, aggregation shall be governed by the terms and provisions contained in Chapter 28-11, Aggregation Rule, Florida Administrative Code, (1986). When one or more of the developments considered for aggregation receive local government authorization to commence development on or after September 1, 1988, aggregation shall be governed by the terms and provisions of subsection 380.0651(4), Florida Statutes, which this rule implements; however, this rule shall not affect written decisions, agreements, and binding letters of interpretation made or issued by the state land planning agency prior to September 1, 1988.

(4) If any developer is in doubt as to whether two or more developments are subject to aggregation, the developer may:

(a) Request a binding determination from the Division of Community Planning. The developer shall submit his application for a binding letter of interpretation by completing and filing Form RPM-BSP-BLID-1, incorporated herein by reference, along with supporting documentation sufficient to determine the applicability of subsection 380.0651(4), Florida Statutes, to the particular projects, with the Division. This form may be obtained upon request to any regional planning agency or to:

Division of Community Planning

2555 Shumard Oak Boulevard

Tallahassee, Florida 32399-2100; or

(b) Request an informal determination in the form of a clearance letter by submitting a written request along with supporting documentation sufficient to determine the applicability of subsection 380.0651(4), Florida Statutes, with the Division of Community Planning. The Division shall, if it feels the issue is debatable, decline to issue a clearance letter.

Specific Authority 380.032(2)(a), 380.06(23)(a), 380.0651(4)(f) FS. Law Implemented 380.0651(4) FS. History–New 2-2-89, Amended 2-21-01.