DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
RULE NO.:RULE TITLE:
73C-41.019Action to Require Local Government to Submit Land Development Regulations for Review
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 43 No. 29, February 13, 2017 issue of the Florida Administrative Register.
73C-41.019 Actions for Review of Local Government Land Development Regulations
(1) The Department may require a local government to submit one or more land development regulations if it has reasonable grounds to believe that a the local government has totally failed to adopt any one or more of the regulations required by Section 163.3202, F.S.
(1)(2) Reasonable Grounds. If the Department has reasonable grounds to believe that a local government has failed to adopt one or more of the regulations required by Section 163.3202, F.S., the Department 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 regulations, including regulations of other agencies if incorporated into the local government’s regulations, to the Department of Economic Opportunity, Division of Community Development, within 30 calendar days from receipt of the letter from the Department. The 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. 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. 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) 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. 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. If the Department has reasonable grounds to believe that a local government has totally failed to adopt one or more of the regulations required by Section 163.3202, F.S., the Department may mail a certified letter, return receipt requested, to the chief local elected official requiring the local government to transmit two copies of its adopted regulations, including regulations of other agencies if incorporated into the local government’s regulations, to the Department of Economic Opportunity, Division of Community Development, within 30 calendar days from receipt of the letter from the Department. The 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) The local government shall respond to the Department’s letter within 30 calendar days from receipt of the letter indicating either:
1. through 2. No change.
(3) through (5) No change.
(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 shall 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) through (b) No change.
(c) If the local government does not provide to the Department copies of the regulations in question or a letter and approved schedule stating the local government will adopt the regulations within the required time period, Department shall may institute an action in circuit court to require adoption of these regulations, if they have not been adopted. The Department shall may 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, 5-12-10, .
