9J-28.023. Florida Quality Development Orders (Transferred)

(1) This rule provides the form, manner of rendition, and contents for Chapter 380, Florida Statutes, development orders issued by the Department of Community Affairs for developments designated as an FQD under Section 380.061, Florida Statutes. An FQD development order shall:

(a) Be in the form specified by this rule;

(b) Be rendered in the manner provided in this rule;

(c) Contain those items required by this rule; and

(d) Otherwise meet the requirements for a development order provided in this rule.

(2) Without an effective Chapter 380, Florida Statutes, FQD development order, the developer shall not have authorization to commence development on any portion of the development covered by the application for development designation unless the developer has entered into a preliminary development agreement with the Department of Community Affairs pursuant to subsection 380.06(8), Florida Statutes, and Rule 9J-28.007, Florida Administrative Code.

(3) As used in this chapter, rendition or rendering means issuance of a written development order and transmittal of the order together with all pertinent attachments by first class U.S. Mail to the local government with jurisdiction, the regional planning agency, and the developer. A certified return receipt shall be prima facie evidence of transmittal.

(4) Requirements for an FQD development order:

(a) The copy of any FQD development order rendered to the local government with jurisdiction, the regional planning agency, and the developer shall:

1. Consist of a written document which shall be printed, typewritten, or otherwise duplicated in legible form on white paper;

2. Include copies of all exhibits, attachments, and written materials, including portions of ordinances referenced in the text;

3. Include copies of any supplements, development plans, or specifications that are approved with the development order, but that are not in the application for development designation; and

4. Contain the signature of the Secretary of the Department and shall be certified as being a complete and accurate copy of the development order.

(b) The copy of any FQD development order rendered by the Department shall contain the following:

1. The name of the development;

2. The authorized agent of the developer;

3. The name of the developer;

4. A statement that the Application for Development Designation is approved and the development is designated as an FQD subject to conditions set forth in the development order;

5. A description of the development approved, specifically including:

a. Acreage of each described land use;

b. Open space and green belts;

c. Areas designated for preservation and recreation;

d. As applicable, the location, square footage, and number of units of the structures or improvements to be placed on the property; and

e. Other major characteristics or components of the development;

6. Findings of fact addressing whether and the extent to which:

a. The development is consistent with and furthers the goals and policies of the adopted state comprehensive plan;

b. The local government with jurisdiction has reviewed the development, has found the development consistent with the local government comprehensive plan, and has approved the designation of the development as an FQD, specifying the conditions for approval;

c. The Department has reviewed the development, has found it to be consistent with the state comprehensive plan, and has approved the designation of the development as an FQD, specifying the conditions of approval;

d. The development is in an Area of Critical State Concern;

e. The development is above the applicable development of regional impact thresholds, pursuant to Section 380.06, Florida Statutes, and is thereby a development of regional impact;

f. The development will preserve, in perpetuity, wetlands and water bodies within the jurisdiction of the Department of Environmental Protection which occur on development property, specifying the mechanism to be used for the preservation of those wetlands and water bodies or stating that these lands do not occur on the development property;

g. The development will preserve, in perpetuity, active beaches and primary dunes that occur seaward of the coastal construction control line on development property, specifying the mechanism to be used for the preservation of those areas or stating that no active beaches or primary dunes occur on the development property;

h. The development will preserve, in perpetuity, all archaeological sites determined to be significant by the Department of State, Division of Historical Resources, specifying the mechanism to be used for the preservation of those sites or stating that no such sites occur on the development property;

i. The development will preserve, in perpetuity, areas known to be important to animal species designated as endangered or threatened by the United States Fish and Wildlife Service or the Florida Fish and Wildlife Conservation Commission, specifying the mechanism to be used for the preservation of those areas or stating that such areas do not occur on development property;

j. The development will preserve, in perpetuity, areas known to contain plant species designated as endangered by the Florida Department of Agriculture and Consumer Services, specifying the mechanism to be used for the preservation of those areas or stating that such areas do not occur on the development property;

k. The development will not produce or dispose of any substances designated as hazardous or toxic by the U. S. Environmental Protection Agency, the Florida Department of Environmental Protection, or the Florida Department of Agriculture and Consumer Services;

l. The development will participate in a downtown reuse or redevelopment program to improve and rehabilitate a declining downtown area if located in or adjacent to a redevelopment district;

m. The development will include open space and recreation areas, specifying the type and acreage of those lands;

n. The development will include energy conservation features;

o. The development will minimize impermeable surfaces;

p. The developer has entered into a binding commitment to provide for the construction and maintenance of all onsite facilities and services necessary to support the development;

q. The developer will provide for construction and maintenance of all onsite infrastructure necessary to support the project and enter into a binding commitment with the local government to provide an appropriate fair-share contribution toward offsite impacts that the development will impose on the publicly funded facilities and services; and

r. For the purposes of offsite transportation impacts, the developer will comply, at a minimum, with the standards of the Department’s development of regional impact transportation rule if in effect, the approved regional strategic plan, and any applicable regional planning council transportation rule, and the approved local government comprehensive plan and land development regulations adopted pursuant to Part II of Chapter 163, Florida Statutes; and

s. The development includes innovative design and quality of life features, or other development features that address the needs of the people as identified in the state comprehensive plan for those who will live and work in and near the development;

7. Conclusions of law, addressing:

a. The development complies with the provisions of Section 380.061, Florida Statutes; and

b. The development as a development of regional impact designated as an FQD under Chapter 380, Florida Statutes, development order, is exempt from development of regional impact review, pursuant to Section 380.06, Florida Statutes, subject to the terms and conditions of the development order;

c. The designation of the development as an FQD and its authorization to commence development under a Chapter 380 development order does not entitle the developer to any other necessary approvals or permits from any other authority or in any other jurisdiction;

8. A legal description of the property including the acreage;

9. The monitoring procedures for assuring development compliance with the development order and the assignment of monitoring responsibilities, as appropriate, to officials in the local government, regional planning council, and the Department;

10. Specification of the types of changes that will constitute a substantial change to the development order;

11. Development order conditions based on the recommendations submitted by the local government and the regional planning council. In the event of conflicting recommended development order conditions, the Department shall, after consultation with the local government and the regional planning council, resolve such conflicts in the development order;

12. Incorporation by reference, or by attachment, of the Application for Development Designation, the approval document of the local government with jurisdiction, including conditions for approval, and other relevant written documents;

13. Establishment of expiration dates for the development order, including a deadline for commencing physical development, for compliance with conditions of approval or phasing requirements, and for termination.

(5) Complete copies of any development orders issued pursuant to Section 380.061, Florida Statutes, including any amendments to a previously issued development order, shall be transmitted by the Secretary of the Department to the local government with jurisdiction, to the appropriate regional planning council, and to the owner or developer of the property subject to such order within 30 days of the Secretary’s issuance. A development order shall take effect upon transmittal to the above parties unless a later effective date is specified in the order. The effectiveness of a development order shall be stayed by the filing of a notice of appeal pursuant to subsection 380.061(7)(b), Florida Statutes.

(6) The development order shall specify the requirements for an annual report. The annual report shall be submitted by the developer to the Department, the regional planning agency, the local government, and any other entity so identified in the development order, on the form specified by the Department of Community Affairs. Every development order shall require the annual report to include the following:

(a) A statement regarding the status of private and publicly funded facilities and services needed to meet the needs of the proposed development for the upcoming year;

(b) Any changes in the plan of development or in the representations contained in the application for development designation or in the phasing for the reporting year and for the next year;

(c) A summary comparison of development activity proposed and actually conducted for the year;

(d) Undeveloped tracts of land, other than individual single family lots, that have been sold to a separate entity or developer;

(e) Identification and intended use of any lands purchased, leased, or optioned to purchase by the developer which are physically proximate, as defined under paragraph 9J-2.0275(2)(a), Florida Administrative Code, to the FQD site since the development order was issued;

(f) An assessment of the developer’s compliance with the conditions of approval contained in the development order and the commitments which are contained in the application for development designation and which have been identified by the local government, the regional planning council, or the Department as being significant;

(g) An indication of a change, if any, in local government jurisdiction for any portion of the development since the development order was issued;

(h) A list of significant local, state, and federal permits that have been obtained or that are pending by agency, type of permit, permit number and purpose of each;

(i) A statement that all persons have been sent copies of the Annual Report; and

(j) A statement confirming maintenance of conservation easements and maintenance and continuance of the restrictive covenants, if appropriate.

(7) After issuance of the FQD development order, subsequent requests for local development permits shall not require further FQD review by the Department or the local government unless otherwise stipulated in the development order. Factors requiring further FQD review shall include, but not be limited to:

(a) A substantial change from the terms or conditions in the development order or a departure from the approved plan of development which significantly decreases the positive aspects of the plan;

(b) Expiration of the period of effectiveness of the development order; or

(c) Conditions in the development order which specify circumstances in which the development will be required to undergo additional FQD review.

Specific Authority 380.032(2)(a), 380.061(8)(b) FS. Law Implemented 380.061, 380.061(5)(d) FS. History–New 1-23-90, Amended 3-1-01.