9J-28.024. Substantial Change (Transferred)

(1) Any proposed change to a previously designated FQD which creates a reasonable likelihood of any additional regional impacts not previously reviewed by the Department, the local government and the regional planning council or a change involving any of the FQD designation criteria pursuant to the provisions of subsection 380.061(3), Florida Statutes, shall constitute a substantial change and shall cause the development to be subject to further FQD review.

(2)(a) Whenever the developer of a designated FQD proposes a change in its plan of development or to conditions of the FQD development order, it shall submit its proposed change to the Department, the local government, and the regional planning council. Within 30 days of receipt of the proposed change, the Department shall notify the developer whether or not the change is a substantial change and, if the change is determined to be nonsubstantial, whether a modification of the FQD development order is needed.

(b) If the Department and the local government, in consultation with the regional planning council, determine that the proposed change is not a substantial change and does not require a modification of the development order, the developer may proceed with the change, subject to applicable regulatory requirements.

(c) If the Department and the local government, in consultation with the regional planning council, determine that the proposed change is not a substantial change, but may require a modification of the development order, the Department shall, subject to the approval of the local government modify the development order within 60 days of the receipt of the proposed change to the Department or shall notify the developer in writing that it will not modify the development order.

(d) If the Department or the local government, in consultation with the regional planning council, determines that the proposed change is a substantial change, the change shall require the review and approval of the reviewing entities prior to commencing such development activity. This review and approval shall follow the procedures and timetables used for the designation of a development as an FQD as set forth in Section 380.061, Florida Statutes, and Rule 9J-28.011, Florida Administrative Code, of this rule, with such review commencing on the date the decision is made that a proposed change needs to undergo further FQD review. Following approval of a substantial change by the reviewing entities, the Department shall modify the development order to incorporate that approved substantial change.

(e) If the Department or the local government, in consultation with the regional planning council, determines that the developer has made or is making an alteration to the plan of development which they believe may be a change, they shall require the developer to submit information on that alteration for review under this rule section.

(f) Prior to the determination by the Department and the local government, in consultation with the regional planning council, of whether a proposed change is a substantial change, whether the proposed change requires an amendment of the FQD development order, or whether the agencies approve of the change under provisions of subsection 9J-28.024(2), Florida Administrative Code, within this rule section, the developer may not proceed with such development.

(3) A “substantial change” shall mean either:

(a) Any deviation in the carrying out of a condition, commitment, or agreement set forth and recited in the FQD development order which so alters the condition, commitment, or agreement that it can be fairly said to change the intent or result of the condition, commitment, or agreement.

(b) Other similar deviations in the construction of the Development or the alignment of roads which alter significantly the commitments or agreements of the developer or which represent a significant departure from the plan of development or the conditions of the FQD development order.

(c) Any proposed change that meets or exceeds 150 percent of the criteria specified in paragraph 380.06(19)(b), Florida Statutes, shall be presumed to be a substantial change. However, the developer may rebut this presumption by demonstrating that the proposed change is not substantial under the criteria pursuant to paragraphs 9J-28.024(3)(a) and (3)(b), Florida Administrative Code, of this rule.

(d) Any proposed change that meets or is less than 200 percent of the criteria in subparagraph 380.06(19)(b)9., Florida Statutes, shall be presumed not to be a substantial change; provided that the change involves the addition of residential units and that the developer guarantees that 25 percent of the units will be affordable to very low- or low-income households.

(4) A “substantial change” shall not include proposed alterations that do not affect the plan of development or the conditions or commitments expressed in the FQD development order. “Substantial change” shall not include such modifications as the following:

(a) Architectural or landscape architectural changes necessitated by the soil, topography, or other onsite conditions;

(b) Reduction of the amount of impervious surface area; and

(c) Reduction in open space due to governmental requirements for transportation improvements.

(5) The amended development order will be submitted to the local government and the regional planning council pursuant to subsection 9J-28.023(5), Florida Administrative Code, of this rule.

(6) Development within a previously approved FQD may continue, as approved, during the review of a substantial change as decided under paragraph 9J-28.024(2)(d), Florida Administrative Code, of this rule. Also, those portions of the FQD which are not affected by the proposed substantial change may continue to be developed.

Specific Authority 380.061(8)(b) FS. Law Implemented 380.061 FS. History–New 1-23-90.