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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) At any time prior to the issuance of the FQD development order, the developer of a development of regional impact being reviewed as an FQD shall have the right to withdraw the proposed project from consideration as an FQD and convert to the development-of-regional-impact review process under the provisions of Section 53380.06, 54Florida Statutes. The conversion shall be in the form of a letter to the Department, the local government, and the regional planning council stating the developer’s intent to seek authorization for the development as a development of regional impact under Section 95380.06, 96Florida Statutes. If a proposed FQD converts to the development of regional impact review process, the developer shall resubmit the appropriate application and the development shall be subject to all applicable procedures under Section 130380.06, 131Florida Statutes, except that:
135(a) A preapplication conference held under paragraph 142380.061(5)(a), 143Florida Statutes, shall satisfy the preapplication conference requirement under subsection 153380.06(7), 154Florida Statutes; and
157(b) If requested in the withdrawal letter, a finding of completeness of the application under paragraph 173380.061(5)(b), 174Florida Statutes, may be converted to a finding of sufficiency by the regional planning council if such a conversion is approved by the regional planning council. The regional planning council shall have 30 days to notify the developer if the request for conversion of completeness to sufficiency is granted, denied, or denied with conditions.
2281. If granted and the application is found sufficient, the developer shall not have to resubmit the application and the regional planning council shall notify the local government that a public hearing date, as authorized under the provisions of paragraph 268380.06(10)(c), 269Florida Statutes, may be set to consider the development for approval as a development of regional impact. The development for approval as a development of regional impact. The development shall be subject to the standards and procedures of Section 308380.06, 309Florida Statutes, and all applicable rules.
3152. If denied, the regional planning council shall provide the developer a statement that the conversion to sufficiency is denied and a statement of the additional information needed to make the application sufficient, as authorized under paragraph 352380.06(10)(b), 353Florida Statutes. The development shall be subject to all applicable procedures under Section 366380.06, 367Florida Statutes. It is the intent of this provision that a denial of conversion with conditions shall require the developer to submit only that information requested by the regional planning council in order to make the application sufficient. The regional planning council shall carry out all other duties and responsibilities as required by paragraph 421380.06(10)(b), 422Florida Statutes, and applicable rules.
427Specific Authority 429380.061(8)(b) FS. 431Law Implemented 433380.061 FS. 435History–New 1-23-90.
