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Florida Administrative Code (Last Updated: April 18, 2024) |
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9. Department of Community Affairs |
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9J. Division of Community Planning |
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9J-28. Rules Of Procedure And Practice Pertaining To Florida Quality Developments |
1(1)(a) Before filing an application for development approval, the developer shall contact the Department and the regional planning council to arrange a preapplication conference. The Department shall inform the developer of the FQD alternative DRI review process and the use of preapplication conferences to encourage cooperation and mutually beneficial solutions to problems, identify issues, coordinate appropriate state, regional and local agency requirements, and otherwise promote a timely, proper and efficient review of the proposed development.
76(b) The Department, in cooperation with the local government and the regional planning council, shall arrange a preapplication conference pursuant to subsection 98380.061(5), 99Florida Statutes. In addition to meetings, preapplication conference activities may consist of telephone calls, written correspondence or reports, or other means of communication that can be used effectively to fulfill the intent of subsection 133380.061(5), 134Florida Statutes.
136(c) Upon the request of the developer, the regional planning agency, the local government, or the Department, other affected state, regional, or local agencies shall participate in conference proceedings and shall identify the types of permits issued by the agencies, the level of information required, and the permit issuance procedures as applied to the proposed development. Such information shall be provided for initial project planning and coordination and shall not constitute a binding agency commitment to a course of action on an application for development designation or permit review unless so established in an agreement between the agency and the developer, pursuant to Rule 2409J-28.007, 241Florida Administrative Code, of this rule.
247(d) In order to increase the effectiveness of agency participation in the preapplication conference, the Department may request the developer to submit data about the type, size, and location of the proposed development to the agencies at least seven days in advance of the conference activity. Such information requests shall be for the purpose of promoting productive discussions at the preapplication conference and shall not constitute an extensive information requirement in support of the application for development designation.
325(e) As a part of the preapplication conference, the Department shall describe the FQD program and shall state the objectives to be achieved in the proceedings. The Department, the local government and the regional planning council shall provide information about the participating local government review procedures that may apply, provide opportunities for the developer and affected agencies to comment on the project, provide information about regional issues pursuant to Section 395186.507, 396Florida Statutes, and seek to promote expeditious, timely and coordinated review evaluation of FQD applications.
411(2) The Department will keep all reviewing agencies apprised of the FQD process and coordinate reviews.
427Specific Authority 429380.061(5), 430(8)(b) FS. Law Implemented 434380.061 FS. 436History–New 1-23-90.
