The purpose and effect are to implement current statutory requirements for requests to authorize the designation of a Rural Land Stewardship Area and for amendments to local comprehensive plans that establish or amend a Rural Land Stewardship Area.

DEPARTMENT OF COMMUNITY AFFAIRS
Division of Community Planning

RULE NO: RULE TITLE
9J-11.023: Submittal and Review Requirements for Requests to Authorize the Designation of a Rural Land Stewardship Area and for Amendments Establishing or Amending Rural Land Stewardship Areas
PURPOSE AND EFFECT: The purpose and effect are to implement current statutory requirements for requests to authorize the designation of a Rural Land Stewardship Area and for amendments to local comprehensive plans that establish or amend a Rural Land Stewardship Area.
SUMMARY: The proposed amendments to Chapter 9J-11, F.A.C., pertaining the procedure for the submittal and review of local government comprehensive plans and amendments, modify the rules to comply with Section 163.3177(11), F.S., regarding rural land stewardship areas. The proposed amendments add procedures concerning the notification of intent to designate rural land stewardship areas and the Department’s authorization to the local government to proceed with the plan amendment. Specifically, the proposed amendments add Rule 9J-11.023, F.A.C., which establishes the required procedures for the designation of a rural land stewardship area.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 163.3177(9), 163.3177(11)(h) FS.
LAW IMPLEMENTED: 163.3177(11)(d) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: November 14, 2008, 9:00 a.m.
PLACE: Kelley Training Room, Third Floor, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Robert Pennock, Strategic Planning Coordinator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robert Pennock, Strategic Planning Coordinator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

9J-11.023 Procedure for the designation of a Rural Land Stewardship Area.

(1) Purpose and Intent. This section establishes the required procedure for the designation of a rural land stewardship area (RLSA) pursuant to Section 163.3177(11)(d), F.S.

(2) Pre-Notification Actions. Prior to giving official notification of intent to designate a RLSA to the Department, the county(ies) is(are) encouraged to conduct at least one noticed public workshop to discuss and evaluate the appropriateness of establishing a RLSA. The county(ies) is(are) encouraged to invite the Department of Community Affairs, Department of Agricultural and Consumer Services, Department of Environmental Protection, Department of Transportation, Florida Fish and Wildlife Conservation Commission, affected regional planning council(s), and affected water management district(s) (collectively referred to as the “RLSA Interagency Technical Advisory Team”) to participate in the workshop. Potentially affected landowners and other interested parties should be given notice and invited to participate in the workshop. During this workshop, the county(ies), and state and regional agencies should, at a minimum, discuss the statutory process for designating a RLSA, the planning issues that are likely to arise, and the technical assistance that will be available from state and regional agencies if the county(ies) proceed(s) to designate a RLSA. The county(ies) is(are) encouraged to provide opportunities for broad public participation in the RLSA process, which may include a series of public meetings or workshops.

(3) Notification of Intent to Designate. The county(ies) must inform the Department in writing of its (their) intent to designate a RLSA prior to transmitting any plan amendments to designate a RLSA. The official notification of intent shall be based on locally specific facts and analysis and shall address and explain the extent to which the RLSA will:

(a) Enhance rural land values;

(b) Control urban sprawl;

(c) Provide necessary open space for agriculture and protection of the natural environment;

(d) Promote rural economic activity; and

(e) Maintain rural character and the economic viability of agriculture.

The notification should avoid conclusory statements, generalities, and repetition of statutory language unsupported by a discussion of relevant local facts.

(4) Review of Notification of Intent to Designate.

(a) The Department will provide members of the RLSA Interagency Technical Advisory Team with a copy of the notice of intent to designate within five days after receipt of the notice. Simultaneously, the Department will inform the RLSA Interagency Technical Advisory Team members of its intent to schedule a site visit to the RLSA.

(b) Within ten days after receipt of a notice of intent, the Department will contact the county(ies) and arrange a site visit of the proposed RLSA and surrounding lands. The Department will coordinate the scheduling of the site visit with the members of the RLSA Interagency Technical Advisory Team and request their participation in the site visit.

(c) Members of the RLSA Interagency Technical Advisory Team shall be asked to provide to the Department oral and/or written comments on the proposed RLSA within 30 days of the site visit. The Department may also request meetings with the members of the RLSA Interagency Technical Advisory Team to discuss and evaluate the notice and site visit. The Department may also request a conference with the county’s(ies’) staff(s) to discuss issues and questions that have arisen as a result of the site visit, comments from members of the Interagency Technical Advisory Team and other stakeholders, and the Department’s evaluation of the RLSA proposal.

(d) Not later than 60 days following the site visit to the proposed RLSA, the Department shall issue a written notification to the county(ies).

(e) The Department’s notification shall authorize the county(ies) to proceed with a plan amendment to designate the RLSA or inform the county(ies) of the Department’s decision not to authorize. If the Department decides to authorize the county(ies) to proceed with a plan amendment to designate a RLSA, the notification will set forth any conditions or understandings pertaining to the authorization, and may include recommendations to the county(ies) regarding the RLSA. The notification will not guarantee that a  comprehensive plan amendment(s) to designate a RLSA will be found in compliance by the Department. It will only constitute the Department’s authorization to designate a RLSA if the necessary comprehensive plan amendment(s) are adopted and found in compliance pursuant to Section 163.3184, F.S. If the Department decides not to authorize the county(ies) to proceed with a plan amendment to designate a RLSA, the agency’s notification will explain the reasons for the decision.

(5) Amendment to the Comprehensive Plan: If authorized to proceed, the county(ies) may prepare and process a plan amendment(s) that will be reviewed by the Department pursuant to Section 163.3184, F.S. The county(ies) may, in preparing the plan amendment(s), establish a local visioning process to facilitate the development of a RLSA plan amendment. The Department encourages the county(ies) to seek and utilize technical assistance from the members of the RLSA Interagency Technical Advisory Team in preparing a RLSA plan amendment.

Specific Authority 163.3177(9), 163.3177(11)(h) FS. Law Implemented 163.3177(11)(d) FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Robert Pennock, Strategic Planning Coordinator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Thomas G. Pelham, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 7, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 22, 2007, September 7, 2007