9J-28.002. Definitions (Transferred)

All the terms defined in Section 380.031, Florida Statutes, shall have the meanings provided in that section, whenever used in this chapter. In addition, for the purposes of this rule chapter, the following terms shall have the following meanings:

(1) “Affordable housing” means a situation where monthly rents, or monthly mortgage payments including taxes, insurance, and utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for very low, low, and moderate income persons; “very low income persons” means one or more natural persons or a family, not including students, the total annual adjusted gross household income of which does not exceed 50 percent of the median annual adjusted gross income of the households within a state, or 50 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within a county in which the person or family resides, whichever is greater; “low income persons” means one or more natural persons or a family, the total annual adjusted gross household income of which does not exceed 80 percent of the median annual adjusted gross income for households within the state, or 80 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater; “moderate income persons” means one or more natural persons or a family, the total adjusted gross household income of which is less than 120 percent of the median annual adjusted gross income for households within the state, or 120 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within the MSA, within the county in which the person or family resides, whichever is greater.

(2) “Appeal” means appeal to the Quality Development Review Board of the denial of designation of a project as a Florida Quality Development by the Department and local government as provided by this rule chapter.

(3) “Beach” means “active beach” which is the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation. This is usually the effective limit of storm waves.

(4) “Department” means the State of Florida Department of Community Affairs and may be referred to in this rule as the “state land planning agency.”

(5) “Developer” means any person, including a governmental agency, undertaking any development as defined in this chapter.

(6) “Development Order” means any order granting, denying, or granting with conditions an application for a development permit.

(7) “Development Permit” means any building permit, zoning permit, plat approval, or rezoning, certification, variance, or other action having the effect of permitting development as defined in Chapter 380, Florida Statutes.

(8) “Division” means the Division of Community Planning of the Department of Community Affairs.

(9) “DRI” means development-of-regional impact.

(10) “Dunes” means a mound or ridge of loose sediment usually sand-sized, lying upland of the beach or shore and deposited by any natural or artificial mechanism.

(11) “FQD” means Florida Quality Development.

(12) “Generation” means the act or process of producing or manufacturing hazardous or toxic waste and substances.

(13) “Hazardous substance” will have the meaning given it in Section 403.703(29), Florida Statutes, which provides that hazardous substances means any substance in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 94 Stat. 2767, 42 U.S.C., 9601.

(14) “Hazardous waste” means solid waste, or combination of solid waste, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, or stored, treated, or otherwise managed.

(15) “Primary Dune” means “Frontal Dune” which is the first natural or manmade mound, ridge, or bluff of sand located landward of the beach and having sufficient vegetation, height, continuity or configuration, to offer protection against storm waves.

(16) “Non-party reviewing entity” means a reviewing entity which approves designation of a proposed development as a Florida Quality Development.

(17) “Party” means a developer bringing an appeal pursuant to this rule chapter or a reviewing entity which denies designation of a proposed development as a Florida Quality Development.

(18) “Pleading” means a notice of appeal, petition, answer, reply, non-party response, or any other paper served by a party or reviewing entity in order to conduct an appeal pursuant to this rule chapter, but shall not include the written recommendation of a reviewing entity issued pursuant to Rule 9J-28.013, Florida Administrative Code.

(19) “Program” means the Florida Quality Developments program created pursuant to Section 380.061, Florida Statutes.

(20) “Review Board” shall mean the Quality Developments Review Board created pursuant to paragraph 380.061(6)(a), Florida Statutes.

(21) “Review Board staff” means the staff of the state land planning agency.

(22) “Reviewing entity” means the Department or the appropriate local government with jurisdiction over the site of a proposed FQD.

(23) “Secretary” means the Secretary of the Department of Community Affairs.

(24) “Secondary Dune” means the dunes landward of the primary dune.

(25) “Site Access” means access to the site from adjacent parcels or internal access from one part of the site to another part of the site for pedestrian or vehicular traffic, provided other routes of access are unavailable or impractical.

(26) “Small Quantity Generator” means a business that generates between 100 kg and 1000 kg of hazardous waste in a calendar month as defined in Chapter 40, Code of Federal Regulations, Sections 260.10 and 262.44, Florida Statutes, which is hereby incorporated by reference.

(27) “Toxic substance” means vapors, gases, or highly volatile liquids, which are produced, used, transported, or stored in containers or within piping systems under pressure or at a reduced temperature in order to lower vapor pressure, and which, if released directly or indirectly into the atmosphere, may pose a serious and acute threat to public health, safety, or to the environment.

Specific Authority 380.032(2)(a), 380.061(8)(b) FS. Law Implemented 380.061 FS. History–New 1-23-90, Amended 3-1-01.