DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
RULE NOS.:RULE TITLES:
73C-42.010Preapplication Conferences
73C-42.023Florida Quality Development Orders
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. 21, February 1, 2017 issue of the Florida Administrative Register.
73C-42.010 Preapplication and Application Procedures
(1) Preapplication Conferences.
(a) through (f) No change.
(2) Filing the Application for Development Designation.
(a) No change.
(b) Pursuant to Sections 380.061(5) and 120.60, F.S., the Department and the local government shall make a determination as to the completeness of the information contained in the application. The regional planning council may provide completeness comments to the Department and the local government.
1. No change.
2. No change.
3. The application for development designation shall be approved or denied by the Department within 90 days after receipt of the original complete application or receipt of the timely requested additional information or correction of errors or omissions which determine the application complete. The 90 day time limitation as prescribed by Section 120.60, F.S., for the approval or denial of license applications is subject to waiver by the applicant. The Department shall consider any report and recommendations made by the regional planning council which are received within 50 days after receipt of the complete application. In preparing its report and recommendations, the regional planning council should identify regional issues based on the criteria pursuant to Section 380.06(12), F.S. If the applicant chooses to appeal the completeness review for the FQD, the 90 day period will be tolled by the initiation of proceedings under Sections Section 120.569 and 120.57, F.S., and will resume 10 days after the final order is issued by the Department, with copies provided to the local government, the applicant, and other parties.
4. No change.
(3) Forms. The following forms shall be used in carrying out the activities required under this rule and may be obtained without cost from the regional planning council or from the Department at the following address: Department of Economic Opportunity, Division of Community Development, 107 East Madison Street, Tallahassee, FL 32399.
(a) through (d) No change.
Rulemaking Authority 380.032(2)(a), 380.061(4), 380.061(5) and (8)(b) FS. Law Implemented 380.031, 380.061(5)(b), (6), FS. History–New 1-23-90, Formerly 9J-28.010, Amended .
73C-42.023 Florida Quality Development Orders.
(1) through (4) No change.
(5) Complete copies of any development orders issued pursuant to Section 380.061, F.S., including any amendments to a previously issued development order, shall be transmitted by the Department to the local government with jurisdiction, to the appropriate regional planning council, and to the owner or developer of the property subject to such order within 30 days of issuance. A development order shall take effect upon transmittal to the above parties unless a later effective date is specified in the order. The effectiveness of a development order shall be stayed by the filing of a notice of appeal pursuant to Section 380.07(4), 380.07(5), F.S.
(6) through (7) No change.
(8) Any proposed change to a previously designated FQD which creates a reasonable likelihood of any additional regional impacts not previously reviewed by the Department, the local government and the regional planning council or a change involving any of the FQD designation criteria pursuant to the provisions of Section 380.061(3), F.S., shall constitute a substantial change and shall cause the development to be subject to further FQD review.
(8)(9)(a) Whenever the developer of a designated FQD proposes a change in its plan of development or to conditions of the FQD development order, it shall submit its proposed change to the Department, the local government, and the regional planning council. Within 30 days of receipt of the proposed change, the Department shall notify the developer whether or not the change is a substantial change and, if the change is determined to be nonsubstantial, whether a modification of the FQD development order is needed.
(b) through (c) No change.
(d) If the Department or the local government, in consultation with the regional planning council, determines that the proposed change is a substantial change, the change shall require the review and approval of the reviewing entities prior to commencing such development activity. This review and approval shall follow the procedures and timetables used for the designation of a development as an FQD as set forth in Section 380.061, F.S., and Rule 73C-42.010 73C-42.011, F.A.C., with such review commencing on the date the decision is made that a proposed change needs to undergo further FQD review. Following approval of a substantial change by the reviewing entities, the Department shall modify the development order to incorporate that approved substantial change.
(e) No change.
(f) Prior to the determination by the Department and the local government, in consultation with the regional planning council, of whether a proposed change is a substantial change, whether the proposed change requires an amendment of the FQD development order, or whether the agencies approve of the change under provisions of subsection (8) (9) within this rule section, the developer may not proceed with such development.
(9)(10) A “substantial change” shall mean either:
(a) Any proposed change to a previously designated FQD which creates a reasonable likelihood of any additional regional impacts not previously reviewed by the Department, the local government and the regional planning council or a change involving any of the FQD designation criteria pursuant to the provisions of Section 380.061(3), F.S., shall constitute a substantial change and shall cause the development to be subject to further FQD review.
(a) through (d) re-designated (b) through (e) No change.
(10)(11) A “substantial change” shall not include proposed alterations that do not affect the plan of development or the conditions or commitments expressed in the FQD development order. “Substantial change” shall not include such modifications as the following:
(a) through (c) No change.
(11)(12) The amended development order will be submitted to the local government and the regional planning council pursuant to subsection (5) of this rule.
(12)(13) Development within a previously approved FQD may continue, as approved, during the review of a substantial change as decided under paragraph (9)(d) of this rule. Also, those portions of the FQD which are not affected by the proposed substantial change may continue to be developed.
Rulemaking Authority 380.032(2)(a), 380.061(8)(b) FS. Law Implemented 380.061, FS. History–New 1-23-90, Amended 3-1-01, Formerly 9J-28.023, Amended_____.
