DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
DEO Final Order No. DEO-20-027
In re:A LAND DEVELOPMENT REGULATION
ADOPTED BY LAKE COUNTY
ORDINANCE NO. 2020-12
_______________________________________________
FINAL ORDER
APPROVING LAKE COUNTY ORDINANCE NO. 2020-12
The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to subsection 380.05(6), Florida Statutes, approving land development regulations adopted by Lake County, Florida, Ordinance No. 2020-12 (the “Ordinance”).
FINDINGS OF FACT
1. The Green Swamp Area is designated by section 380.0551, Florida Statutes, as an area of critical state concern. Lake County is a local government within the Green Swamp Area.
2. The Ordinance was adopted by Lake County on March 10, 2020.
3. The Ordinance amends Appendix E, Chapter II, of the Lake County Code (the “Code”) by adding a definition of “Donation Drop-Off Location.” The Ordinance adds criteria for establishment of a Donation Drop-Off Location as an accessory use within non-residential areas. The Ordinance provides for a limited exception where necessary for execution of the business enterprise lawfully situated on private property.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that are adopted by any local government in the Green Swamp Area of Critical State Concern.
See subsection 380.05(6), Florida Statutes.
5. “Land development regulations” include “local zoning, subdivision, building, and other regulations controlling the development of land.” Section 380.031(8), Florida Statutes. The regulations adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Lake County Comprehensive Plan generally, as required by subsection 163.3177(1), Florida Statutes, and specifically is consistent with Policy I-1.1.8, Adopt Land Development Regulations.
7. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area. See subsection 380.05(6), Florida Statutes. The Principles for Guiding Development for the Green Swamp Area of Critical State Concern are set forth in subsection 28-26.003(1), Florida Administrative Code.
8. The Ordinance is consistent with the Principles for Guiding Development for the Green Swamp Area of Critical State Concern as a whole, and is not inconsistent with any principles.
WHEREFORE, IT IS ORDERED that the Department finds that Lake County Ordinance No. 2020-12 is consistent with the Lake County Comprehensive Plan and the Principles for Guiding Development for the Green Swamp Area of Critical State Concern and is hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative Register unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED this 23rd day of June, 2020, in Tallahassee, Florida.
/s/James D. Stansbury, James D. Stansbury, Bureau Chief, Bureau of Community Planning and Growth, Department of Economic Opportunity
Notice of administrative rights
Any person whose substantial interests are affected by this order has the opportunity for an administrative proceeding pursuant to section 120.569, Florida statutes, BY FILING A PETITION.
A petition must be filed with the agency clerk of the department of economic opportunity within 21 calendar days of BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE rEGISTER. A petition is filed when it is received by: Agency Clerk, Department of Economic Opportunity, Office of the general Counsel, 107 East Madison St., MSC 110, Tallahassee, Florida 32399-4128, Fax (850)921-3230, agency.clerk@deo.myflorida.com.
You waive the right to any administrative proceeding if you do not file a petition with the agency clerk within 21 calendar days of BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE rEGISTER.
For the required contents of a petition challenging agency action, refer to subsections 28-106.104(2), 28-106.201(2), and section 28-106.301, Florida Administrative Code.
Depending on whether or not material facts are disputed in the petition, a hearing will be conducted pursuant to either section 120.569 and subsection 120.57(1), Florida statutes, or Section 120.569 and subsection 120.57(2), Florida statutes.
Pursuant to section 120.573, florida statutes, and chapter 28, part iv, florida administrative code, YOU ARE NOTIFIED THAT mediation is not available.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated Agency Clerk, and that true and correct copies have been furnished to the following persons by the methods indicated this 23rd day of June, 2020.
/s/Janay Lovett, Agency Clerk, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Leslie Campione, Chair, Lake County Board of County Commissioners, P.O. Box 7800, Tavares, FL 32778
Gary J. Cooney, Clerk, Lake County Clerk of the Circuit, Court and Comptroller, P.O. Box 7800, Tavares, FL 32778
