Chapter 380, Part 1, F.S., creates the Florida Environmental Land and Water Management Act (“Act”), which provides for the protection of the state’s natural resources and environment and designates the Department as the land planning agency ...

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Community Development

RULE NOS.:RULE TITLES:

73C-40.001Definitions

73C-40.010Forms

73C-40.016 Binding Letters of Interpretation

73C-40.0185Preliminary Development Agreements

73C-40.021Preapplication Conferences and Conceptual Agency Review Process

73C-40.022Filing the Application for Development Approval

73C-40.024Regional Report and Recommendations

73C-40.025Local Government Development Orders

73C-40.0251Abandonment of Development Orders

73C-40.0256Hurricane Preparedness Policy Rule

73C-40.0257Special Hurricane Preparedness Districts for Developments of Regional Impact

73C-40.028Master Development Approval Alternative Review Procedure

73C-40.029Downtown Development of Regional Impact Alternative Review Procedure

PURPOSE AND EFFECT: Chapter 380, Part 1, F.S., creates the Florida Environmental Land and Water Management Act (“Act”), which provides for the protection of the state’s natural resources and environment and designates the Department as the land planning agency responsible for enforcing and administering the rules and regulations of the Act. Sections 380.032 and 380.06, F.S., confer rulemaking authority on the Department to adopt rules necessary to administer and implement the various provisions within the Act.

The Department proposes the following amendments: Combining Rules 73C-40.021, .022, and .024, F.A.C., to create one rule describing the processes necessary to obtain development approval; combining Rules 73C-40.025 and .0256, F.A.C., to create one rule related to hurricane preparedness; combining Rules 73C-40.028 and .029, F.A.C., to create one rule setting forth alternative review procedures; repealing Rule 73C-40.001, F.A.C., which provides definitions already defined in Chapter 380, F.S.; moving the individual forms identified in Rule 73C-40.010, F.A.C., to the relative/substantive rules within Ch. 73C-40, F.A.C.

SUBJECT AREA TO BE ADDRESSED: Amend and/or revise existing rules to create a single rule for each of the following subject areas: the processes for obtaining development approval; hurricane preparedness; and alternative review procedures. Repeal definitions already set forth in statute and amend and/or revise Chapter 73C-40, F.A.C., to move individual form references to the applicable rule.

RULEMAKING AUTHORITY: 380.032(2),(2)(a), 380.06(19)(f)1., (21)(c), (23), (23)(a), (b), (c)1., (26), 380.0651(4)(f), FS.

LAW IMPLEMENTED: 120.569, 380.031, 380.032,(3), 380.06, 380.06(1), (2), (2)(c), (d), (e), (4), (5)(a)1., (7), (8), (9), (12), (13), (14), (15), (17), (18), (19), (20), (21), (22), (23), (23)(b), (26), 380.0651, (4), 380.07(2,), FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: M. Linville Atkins, Office of General Counsel, Department of Economic Opportunity, 107 East Madison Street, MSC #110, Tallahassee, Florida 32399, [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.