The proposed amendments/revisions will create a single rule on the subject of land development regulations.

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Community Development

RULE NO.: RULE TITLE:

73C-41.019 Action to Require Local Government to Submit Land Development Regulations for Review

73C-41.020 Action to Review Land Development Regulations

73C-41.021Action if Local Government Has Failed to Adopt the Required Land Development Regulations

PURPOSE AND EFFECT: The proposed amendments/revisions will create a single rule on the subject of land development regulations.

SUMMARY: The subject area to be addressed with the rule revisions/amendments is the review of land development regulations.

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-41.019-.021, 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. 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: 163.3202(5), FS.

LAW IMPLEMENTED: 163.3202, 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: March 9, 2017; 10:00 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-41.019 Actions for Review of Local Government Land Development Regulations Action to Require Local Government to Submit Land Development Regulations for Review.

(1) The Department may shall require a local government to submit one or more land development regulations for review if it has reasonable grounds to believe that a the local government has totally completely failed to adopt any one or more of the regulations required by Section 163.3202, F.S.

(2) Reasonable Grounds. The Department shall consider that reasonable grounds exist only if the Department of Economic Opportunity, Division of Community Development, has received a letter stating facts which show that the local government has completely failed to adopt one or more of the regulations required by Section 163.3202(2), F.S., within one year after submission of its revised comprehensive plan for review pursuant to Section 163.3191, F.S. 163.3167(2), F.S., or if the Department has received a letter stating facts which show that the local government has totally failed to adopt one or more of the regulations required by Section 163.3202. The letter shall include the name, address, telephone number and signature of the sender and shall provide any relevant background documentation and specific reasons for the assertion that the required regulations have not been adopted.

(a)(3) If the Department has reasonable grounds to believe that a local government has totally completely failed to adopt one or more of the land development regulations required by Section 163.3202, F.S., the Department may shall mail a certified letter, return receipt requested, to the chief local elected official requiring the local government to transmit two copies of its adopted whatever land development regulations have been adopted, including regulations of other agencies if incorporated into the local government’s regulations development approval system, to the Department of Economic Opportunity, Division of Community Development, within 30 calendar days from receipt of the letter from the Department. The land development regulations submitted must include copies of any separate adopting or enabling legislation. All copies of regulations and legislation must be certified as true and correct copies of the originals by the city or county clerk.

(b)(4) The local goveernment shall respond to the Department’s letter If the local government has not adopted the required land development regulations, it shall respond to the Department’s send a letter to the Department of Economic Opportunity, Division of Community Development, within 30 calendar days from receipt of the letter indicating either: that the that the regulations have not been adopted. The letter shall state what actions the local government has already taken to develop and adopt the required regulations and shall include a schedule approved by formal action of the local governing body for adoption of the regulations. The schedule must provide for the adoption of the required regulations within 120 calendar days from receipt of the Department’s initial letter requesting copies of the regulations unless the Department agrees to refrain from taking further action for an additional period of time during the 120 day period. If the local government requests that the Department refrain from taking further action, the Department will respond to that request within 14 calendar days of receipt of the request. The Department shall not agree to refrain from taking further action for an additional period of time unless there is substantial evidence that the local government is unable to adopt the regulations within the 120 day period.

1. The regulations have been adopted, and submit two copies of the required regulations, including copies of any separate adopting or enabling legislation, to the Department of Economic Opportunity, Division of Community Development. All copies of regulations and legislation must be certified as true and correct copies of the originals by the city or county clerk; or

2. The actions the local government has already taken or will take to develop and adopt the required regulations and shall include a schedule approved by formal action of the local governing body for adoption of the regulations. The schedule must provide for the adoption of the required regulations within 120 calendar days from receipt of the Department’s initial letter requesting copies of the regulations. The local government may request an extension of time from the Department during the 120 day period. If the local government requests an extension of the 120 days, the Department must grant or deny the extension within 14 calendar days of receipt of the request. The Department shall not grant an extension unless substantial evidence exists that the local government is unable to adopt the regulations within the 120 day period.  Upon adoption of the regulations pursuant this subsection, the local government shall transmit the adopted regulations in accordance with subsection (2)(b)1.

(3)(5) Once the local government transmits the adopted regulations, as provided above, the Department shall have 30 calendar days from receipt of the regulations to determine whether the local government has totally complied with the requirements of section 163.3202, F.S.

(4) Upon receipt of the adopted regulations, the Department shall consult with appropriate local government officials during this period to assure that the local government has opportunities to discuss any of the regulations in question.  The review shall be for the sole purpose of determining whether or not the required regulations have been adopted, and shall not address the consistency of the regulations with the plan. The Department shall review regulations of any other agency utilized as an integral part of the development approval process and incorporated into the single land development code.

(5) If the Department determines that the local government has adopted all of the required regulations, the Department will notify the chief local elected official and initiating party in writing within 30 calendar days of the Department’s receipt of the regulations from the local government. 

(6) If the Department determines that the local government has completely failed to adopt one or more of the regulations required by Section 163.3202, F.S., the Department will notify the chief local elected official and initiating party in writing within 30 calendar days of receipt of the regulations for review from the local government.

(a) The letter to the local government shall be certified, return receipt requested.  In its notification letter, the Department will specify which of the required regulations have not been adopted and the justification for the Department’s determination.

(b) The local government shall have 90 calendar days from receipt of the Department’s notification letter to adopt the required regulations. The local government may request an extension of time from the Department during the 90 day period. If the local government requests an extension of the 90 days, the Department must grant or deny the extension within 14 calendar days of receipt of the request. The Department shall not grant an extension unless substantial evidence exists that the local government is unable to adopt the regulations within the 90 day period.

(c) (5) If the local government does not provide to the Department copies of the land development regulations in question or a letter and approved schedule stating the local government will adopt the regulations within the required time period, 120 days agreed to by the Department, the Department may will institute an action in circuit court to require submission or adoption of these regulations, if they have not been adopted. The Department may will also institute such an action if the local government fails to adopt the regulations in accordance with the schedule it provides to the Department, or within the additional time agreed to by the Department.

Rulemaking Authority 163.3202(5) FS. Law Implemented 163.3202 FS. History–New 11-6-96, Amended 4-8-99, 11-24-02, 5-12-10, ____________, Formerly 9J-11.019.

 

73C-41.020 Action to Review Land Development Regulations.

Rulemaking Authority 163.3202(5) FS. Law Implemented 163.3202 FS. History–New 11-6-96, Amended 4-8-99, 11-24-02, 6-30-05, Formerly 9J-11.020, Repealed ________.

 

73C-41.021 Action if Local Government Has Failed to Adopt the Required Land Development Regulations.

Rulemaking Authority 163.3202(5) FS. Law Implemented 163.3202 FS. History–New 11-6-96, Amended 4-8-99, 5-12-10, Formerly 9J-11.021, 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: 1/26/17

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 2/2/17