DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
DEO Final Order No. DEO-18-040
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY LAKE COUNTY
ORDINANCE NO. 2018-15
FINAL ORDER
APPROVING LAKE COUNTY ORDINANCE NO. 2018-15
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. 2018-15 (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 April 24, 2018, and rendered to the Department on May 2, 2018.
3. The Ordinance amends the Lake County Code by establishing the definition for “Public Safety Services”, which includes law enforcement, firefighting, emergency medical assistance or transport, search and rescue, and hazardous material cleanup. The Ordinance also amends Section 3.01.03 Table Schedule of Permitted and Conditional Uses to permit Public Safety Services in every zoning district.
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.” Subsection 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 section 163.3177(1), Florida Statutes, and is not inconsistent with any specific policies.
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 All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area.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 as a whole, and is not inconsistent with any principles.
WHEREFORE, IT IS ORDERED that the Department finds that Lake County Ordinance No. 2018-15 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 in Tallahassee, Florida.
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.
For the required contents of a petition challenging agency action, refer to subsections 28-106.104(2), 28-106.201(2), and 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. Mediation is not available.
Any petition must be filed with the agency clerk of the department of economic opportunity within 21 calendar days of the final order 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
You waive the right to any administrative proceeding if you do not file a petition with the agency clerk within 21 calendar days of the final order being published in the Florida Administrative Register.
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 28th day of June, 2018.
/s/
Agency Clerk, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, FL 32399-4128
By U.S. Mail: The Honorable Timothy I. Sullivan, Chairman, Lake County Board of County Commissioners
P. O. Box 7800, Tavares, FL 32778-7800
Neil Kelly, Lake County Clerk of the Circuit Court, Lake County Courthouse, 550 W. Main St., Tavares, FL 32778
