To streamline the procedures and practices pertaining to the application process for participation in the Local Government Comprehensive Planning Certification Program as set forth in Chapter 73C-43, F.A.C., by merging four rules that address ...

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Community Development

RULE NO.: RULE TITLE:

73C-43.001 Purpose

73C-43.002 Definitions

73C-43.003 Application Period

73C-43.004 Application Submission

73C-43.005 Application Review

73C-43.006 Identification of Eligible Applicants

PURPOSE AND EFFECT: To streamline the procedures and practices pertaining to the application process for participation in the Local Government Comprehensive Planning Certification Program as set forth in Chapter 73C-43, F.A.C., by merging four rules that address applications into a single rule. The Department also seeks to combine the brief statement of purpose set forth in Rule 73C-43.001, F.A.C., with the definitions set forth in 73C-43.002, F.A.C., to create one rule.

SUMMARY: The amended and/or revised rules address the procedures governing the applications for participation in the Local Government Comprehensive Planning Certification Program.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The agency has previously performed a review of the statutory requirements and determined that Rules 73C-43.001 through .006, F.A.C., have no adverse impact or regulatory costs which exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. Specifically, the amended rules will contain the text of the repealed rules such that there is no change impacting regulatory costs. These rules are therefore expected be able to take effect without the need of being ratified by the Legislature.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 163.3246(6), FS.

LAW IMPLEMENTED: 163.3246, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: February 10, 2017; 9:30 a.m.

PLACE: Department of Economic Opportunity, Caldwell Building, 107 E. Madison Street, Tallahassee, Florida 32399, Conference Room 110, and by teleconference by calling: 1(888)670-3525; Passcode: 9633615989 then #.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: M. Linville Atkins, Office of General Counsel, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

73C-43.001 Purpose and Definitions.

(1) This rule chapter sets forth procedures governing local government applications for participation in the Local Government Comprehensive Planning Certification Program and the review and evaluation of those applications by the Department of Economic Opportunity, Division of Community Development.

(2) Definitions:

(a) “Agreement” means a written instrument between the Department and one or more local governments that certifies all or part of the local government(s) and includes the components specified in Section 163.3246(5), F.S.

(b) “Applicant” means one or more local governments that submit an application for certification pursuant to the Local Government Comprehensive Planning Certification Program.

(c) “Application” means a written request for certification in which an applicant provides all necessary information and documentation to demonstrate that it meets the eligibility criteria of Section 163.3246(2), F.S., and that the area sought to be certified meets the criteria of Section 163.3246(5), F.S.

(d) “Certification” means the selection of local governments for participation in the Local Government Comprehensive Planning Certification Program by execution of a written Agreement.

(e) “Local Government Comprehensive Planning Certification Program” means the program established in Section 163.3246, F.S.

Rulemaking Authority 163.3246(6) FS. Law Implemented 163.3246 FS. History–New 12-22-02, Formerly 9J-35.002, Amended ________.

 

73C-43.002 Definitions.

Rulemaking Authority 163.3246(6) FS. Law Implemented 163.3246 FS. History–New 12-22-02, Formerly 9J-35.002, Repealed _________.

 

73C-43.003 Application for Certification. Period

(1) Application Period. Local governments may submit applications for certification only during the period beginning January 5 (or the first business day following January 5) and ending February 4 (or the first business day following February 4) each year. Applications received prior to 8:00 a.m. (EST) January 5 or after 5:00 p.m. (EST) February 4 will not be considered for certification in the subsequent state fiscal year and will be returned to the applicant local government(s), unless the applicant has been previously determined to be eligible for certification pursuant to subsection 73C-43.006(2), F.A.C.

(2) Application Submission.

(a) Applications for certification shall be submitted in accordance with Sections 163.3246(2) and (4), F.S., and must provide all information and address all eligibility criteria listed in those sections.

(b) Applications shall be mailed or delivered to: Plan Review and Processing Administrator, Florida Department of Economic Opportunity, Division of Community Development, 107 East Madison Street, MSC #160, Caldwell Building, Tallahassee, Florida 32399-6545. Facsimile transmissions will not be accepted.

(c) Applications must be transmitted by cover letter on the applicant’s letterhead. This cover letter must bear an original signature by the chief elected official or designee, must affirm the accuracy of the information contained in the application, and must identify the employee or representative who will serve as the contact person for the applicant.

(d) Applicants must submit three (3) complete sets of application materials, at least one of which must contain a cover letter with an original signature. Applicants are encouraged to provide access to the application through their official local government websites as a means of encouraging public awareness of the application, if desired.

(3) Application Review.

(a) Each application shall be time and date stamped when received by the Plan Review and Processing Administrator.

(b) The identified contact person for each applicant will be notified in writing of the receipt and timeliness of the application.

(c) Within ninety (90) days of receipt, the Division shall submit a written assessment of each application to each applicant. The assessment will state whether the application demonstrates that the applicant meets the eligibility criteria of Section 163.3246(2), F.S., and whether the area sought to be certified meets the criteria of Section 163.3246(5), F.S. The assessment will describe the basis for finding that the applicant does or does not meet the eligibility criteria, and the basis for finding that the area does or does not qualify for certification. Each applicant shall be provided a copy of the assessment.

(d) Within thirty (30) days of the date of an assessment indicating one or more eligibility criteria have not been satisfied, the applicant may submit written explanations of information contained in its application to demonstrate that the application meets the questioned criteria. Such clarifying information may be submitted only in response to the Division’s assessment. No new information may be submitted.

(4) Identification of Eligible Applicants.

(a) After expiration of the 30-day period to submit such information, and no later than 45 days after receipt of any information submitted pursuant to subsection (3)(d) of this rule, the Director of the Division of Community Development Planning shall determine whether the application demonstrates that the applicant meets the eligibility criteria of Section 163.3246(2), F.S., and whether the area sought to be certified meets the criteria of Section 163.3246(5), F.S.

(b) The Division shall prioritize applications meeting eligibility criteria in the order received pursuant to the process identified in subsection 73C-43.005(1), F.A.C. Local governments submitting the first eight qualifying applications will be eligible to become certified in any fiscal year.

(c) The Division shall notify each applicant whether its application satisfies eligibility criteria and whether it is included among the eight applicants selected to become certified.

Rulemaking Authority 163.3246(6) FS. Law Implemented 163.3246 FS. History–New 12-22-02, Formerly 9J-35.003, Amended ________.

 

73C-43.004 Application Submission.

Rulemaking Authority 163.3246(6) FS. Law Implemented 163.3246 FS. History–New 12-22-02, Formerly 9J-35.004, Repealed _______.

 

73C-43.005 Application Review.

Rulemaking Authority 163.3246(6) FS. Law Implemented 163.3246 FS. History–New 12-22-02, Transferred 9J-35.005, Repealed ________.

 

73C-43.006 Identification of Eligible Applicants.

Rulemaking Authority 163.3246(6) FS. Law Implemented 163.3246 FS. History–New 12-22-02, Formerly 9J-35.006, Repealed ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: M. Linville Atkins

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cissy Proctor

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 1/3/17

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 1/12/17