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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) In accordance with subsection 6380.061(5), 7Florida Statutes, the developer shall simultaneously file completed copies of an application for development designation with the Department, the regional planning council, and the local government with jurisdiction. Copies of the application may be obtained from the Department or the regional planning council.
50(2) Pursuant to subsection 54380.061(5) 55and Section 57120.60, 58Florida Statutes, the Department and the local government shall make a determination as to the completeness of the information contained in the application. The regional planning council may provide completeness comments to the Department and the local government.
96(a) Within 30 days after receipt of an application, the Department and the local government shall notify the applicant of any apparent errors or omissions and request any additional information. Failure to correct an error or omission or to supply additional information shall not be grounds for denial of the application unless the reviewing entity timely notified the applicant within this 30-day period.
159(b) The Department and the local government shall provide copies of their requests for additional information to the applicant, the regional planning council, and each other. The applicant shall submit the additionally requested information to the Department, the local government, and the regional planning council.
204(c) The application for development designation shall be approved or denied by the Department and the local government within 90 days after receipt of the original complete application or receipt of the timely requested additional information or correction of errors or omissions which determine the application complete. The 90 day time limitation prescribed by subsection 259120.60, 260Florida Statutes, for the approval or denial of license applications is subject to waiver by the applicant. The Department shall consider any report and recommendations made by the regional planning council which are received within 50 days after receipt of the complete application. In preparing its report and recommendations, the regional planning council should identify regional issues based on the criteria pursuant to subsection 324380.06(12), 325Florida Statutes. If the applicant chooses to appeal the completeness review for the FQD, the 90 day period will be tolled by the initiation of proceedings under Section 353120.569, 354Florida Statutes, and will resume 10 days after the recommended order of the hearing officer is submitted to the Department, the local government, the applicant, and other parties.
382(d) Upon the effective date of the development order, the developer shall have the right to use for the Development the certification mark registered with the Secretary of the Florida Department of State for Developments designated as FQDs under Section 422380.061, 423Florida Statutes. The use of this certification mark shall be restricted to promotional, informational or advertising purposes in order to identify this Development as a development approved and designated under Section 454380.061, 455Florida Statutes. A development designated as an FQD shall be exempt from development-of-regional-impact review under Section 471380.06, 472Florida Statutes.
474Specific Authority 476380.032(2)(a), 477380.061, 478380.061(8)(b) FS. 480Law Implemented 482380.061, 483380.061(5)(b), 484(6) FS. History–New 1-23-90, Amended 3-1-01.
