9J-2.040. The Application of State, Regional and Local Plans in DRI Uniform Standard Rules (Transferred)

(1) Purpose. This rule establishes how the applicable state, regional and local plans will be utilized in the review of applications for binding letters, local government development orders, and DRI applications for development approval (ADA).

(a) The Legislature established Chapter 380, Florida Statutes, to Protect the natural resources and environment of Florida, to ensure a water management system that will reverse the deterioration of water quality and provide optimum utilization of limited water resources, to facilitate orderly and well-planned development and to protect the health, welfare, safety and quality of life of the residents of Florida by authorizing the state land planning agency to establish land and water management policies to guide local decisions relating to growth and development.

(b) Sections 186.002, 186.007, 186.009, and 187.101, Florida Statutes, establish the State Comprehensive Plan as the long-range, state land development policy guide to be considered in the DRI review process, pursuant to subsections 380.06(3), (4), (12), (13), (14), (15), (25), and 380.065(3), Florida Statutes.

(c) Sections 186.503, 186.505, 186.507, and 380.07, Florida Statutes, establish the Strategic Regional Policy Plan as the long-range, regional land development policy guide to be considered in the DRI review process, pursuant to subsections 380.06(3), (12), (13), (14), (15), (25), and 380.065(3), Florida Statutes.

(d) Sections 163.3177, 163.3194, 380.031, and 380.07, Florida Statutes, establish Local Government Comprehensive Plans as the long-range, local land development policy guides to be considered in the DRI review process, pursuant to subsections 380.06(3), (6), (7), (10), (11), (13), (14), (15), (25), and 380.065(3), Florida Statutes.

(e) The statutory authority to promulgate and establish this rule is derived from subsections 380.032(2) and 380.06(23), Florida Statutes.

(2) Definitions.

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

(b) “Applicable Regional Plan” means the Regional Planning Council’s adopted Strategic Regional Policy Plan pursuant to Section 186.508, Florida Statutes.

(c) “Applicable State Plan” means the State Comprehensive Plan.

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

(e) “DRI Uniform Standard Rule” means any one of the rules adopted under Part III of Chapter 9J-2, Florida Administrative Code.

(f) “Regional planning council” means a governmental body created pursuant to Chapter 186, Florida Statutes.

(3) Department Applicability. The DRI Uniform Standard rules shall establish how the Department will evaluate specific regional and state facility and resource issues in the review of applications for binding letters, local government development orders, and DRI applications for development approval (ADA).

(a) A resource or facility specific DRI Uniform Standard rule shall be utilized in development reviews wherever a rule explicitly establishes the planning standards to be utilized for a specific regional or state significant facility or resource issue. For the purposes of this rule, Rule 9J-2.0256, F.A.C. (Hurricane Preparedness Policy Rule) and Rule 9J-2.0257, F.A.C. (Special Hurricane Preparedness Districts for Developments of Regional Impact) shall be considered as DRI Uniform Standard rules.

(b) The goals, policies and objectives of the applicable state, regional, and local plans shall be utilized in development reviews wherever a resource or facility specific DRI Standard rule does not explicitly establish the planning standards to be utilized for a specific planning issue or a regional or state significant facility or resource issue.

(c) The Department will review a local government development order to ensure that it is consistent with the adopted local government comprehensive plan. A development order shall be subject to appeal by the Department, pursuant to Section 380.07, Florida Statutes, if it is inconsistent with the adopted local government comprehensive plan.

(4) Regional Planning Council Applicability. All regional planning councils shall be subject to the DRI Uniform Standard rules, and a regional planning council shall not adopt or apply a development review planning standard that differs materially from those planning standards delineated in the Department’s DRI Uniform Standard rules for the same facility or resource issue, pursuant to subsections 380.06(23) and 186.507(13), Florida Statutes.

(5) Regional Standard.

(a) After the adoption of a DRI Uniform Standard rule, a regional planning council may petition the Department to adopt a regional planning standard for a specific regional planning council district, or portion of that district, that differs from the statewide planning standard adopted in the DRI Uniform Standard rule. Such a petition must be in writing and factually establish why the DRI Uniform Standard rule is inadequate to protect or promote the regional resource or facility issue of concern. The request shall be based upon a unique regional resource or facility consideration which has been identified as a regional issue and addressed with appropriate policies in either an applicable state plan, adopted applicable regional plan, or an adopted local government comprehensive plan, 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.

(b) Upon receiving a petition requesting a regional planning standard variation to an adopted DRI Uniform Standard rule, the Department shall have thirty (30) days to notify the petitioner whether sufficient information regarding the need for the regional planning standard and the acceptability of proposed mitigative measures has been submitted in the petition or if additional information is required. A petition for a regional planning standard variation to an adopted DRI Uniform Standard rule 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 regional planning standard is appropriate within 45 days after receipt of a complete petition. If the request for a regional standard is deemed inappropriate by the Department, a written response shall be sent to the petitioner identifying why the regional planning standard was found to be inappropriate. If the petition for a regional planning standard is deemed appropriate by the Department, a written notification shall be sent to the petitioner indicating the Department’s intention of amending the appropriate adopted DRI Uniform Standard rule to incorporate the regional planning standard. The regional planning standard variation to the adopted DRI Uniform Standard rule shall not become effective until the rule has been amended.

(c) Once a regional planning standard has been adopted by the Department, the regional planning standard shall be applied by the Department and the regional planning council to all reviews conducted within the specific regional planning council district, or portion of that district, that are addressed by the regional planning standard adopted in the DRI Uniform Standard rule.

Specific Authority 380.032(2)(a), 380.06(23)(a), (c)1. FS. Law Implemented 380.021, 380.06, 380.06(23)(b), (c)1., 380.065, 380.07 FS. History– New 3-23-94, Amended 2-21-01.