DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
FINAL ORDER NO. DEO-13-070
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re:POLK COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
POLK COUNTY ORDINANCE NO. 13-020
_____________________________________________
FINAL ORDER
APPROVING POLK COUNTY ORDINANCE NO. 13-020
The Department of Economic Opportunity ( “Department”) hereby issues its Final Order, pursuant to §§380.05(6) and (11), Fla. Stat., approving Polk County Ordinance No. 13-020.
FINDINGS OF FACT
1. The Green Swamp Area is a statutorily designated area of critical state concern. §380.0551, Fla. Stat. Polk County is a local government within the Green Swamp Area.
2. On June 12, 2013, the Polk County Board of County Commissioners adopted Ordinance No. 13-020 (the “Ordinance”), designated by the County as Land Development Code Amendment LDC 13T-06. A copy of the Ordinance was received by the Department on June 17, 2013.
3. The Ordinance amends the Polk County Land Development Code (Ordinance No. 00-09, as amended), Section 630 Flood Hazard Management and Flood Plain Protection, to (a) delete outdated language, (b) be consistent with the Comprehensive Plan policies related to floodplain protection as adopted in Comprehensive Plan Amendment 12A-02, (c) respond to comments provided to the County by the Federal Emergency Management Agency, (d) require notice to potential buyers of homes located in a flood hazard area, and (e) designate the County Engineer or his designee as the County’s Floodplain Administrator.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that are enacted, amended or rescinded by any local government in the Green Swamp Area of Critical State Concern. §§ 380.05(6) and (11), Fla. Stat.
5. “Land development regulations” include local zoning, subdivision, building and other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations adopted by the Ordinance are land development regulations.
6. All land development regulations enacted, amended or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area. § 380.05(6), Fla. Stat.; see Rathkamp v. Department of Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), aff’d, 740 So. 2d 1209 (Fla. 3d DCA 1999). The principles for guiding development for the Green Swamp Area of Critical State Concern are set forth in Rule 28-26.003, Fla. Admin. Code. (“Principles”).
7. The Ordinance is consistent with the Principles for Guiding Development in Rule 28-26.003(1), Fla. Admin. Code, as a whole and specifically furthers the following Principles:
(a)Minimize the adverse impacts of development on resources of the Floridan Aquifer, wetlands, and flood-detention areas.
(b)Protect the normal quantity, quality and flow of ground water and surface water which are necessary for the protection of resources of state and regional concern.
(c)Protect the water available for aquifer recharge.
(d)Protect the functions of the Green Swamp Potentiometric High of the Floridan Aquifer.
8. The Ordinance is consistent with Policies 2.305-A9, 2.307-A1, 2.307-A2, and 2.309-A3 in the Polk County Comprehensive Plan.
WHEREFORE, IT IS ORDERED that Polk County Ordinance No. 13-020 is found to be consistent with 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 Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
__/s/_____________________________________
William B. Killingsworth, Director
Division of Community Development
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, REGARDING THE AGENCY’S ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENT’S ACTION, THEN THE ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL THE ISSUES INVOLVED, CONDUCT CROSS-EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF ECONOMIC OPPORTUNITY A WRITTEN PLEADING ENTITLED, "PETITION FOR ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON STREET, MSC 110
TALLAHASSEE, FLORIDA 32399-4128
Telephone: (850)245-7150
Fax Number (850)921-3230
Email: Miriam.Snipes@deo.myflorida.com
THE PETITION MUST MEET THE FILING REQUIREMENTS IN SUBSECTION 28-106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH SUBSECTION 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER.
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 persons listed below by the method indicated this 22nd day of July, 2013.
_/s/__________________________________
Miriam Snipes, Agency Clerk
By U.S. Mail:
Melony M. Bell, Chairman
Polk County Board of County Commissioners
P.O. Box 9005, Drawer BC01
Bartow, FL 33831-9005
Stacy M. Butterfield, Clerk
Polk County Board of County Commissioners
P.O. Box 988
Bartow, FL 33831-0988
Michael F. Craig, Esq.
Polk County Attorney
330 West Church Street
Bartow, FL 33830
Thomas Deardorff, AICP, Director
Polk County Office of Planning and Development
P.O. Box 9005, Drawer GM01
Bartow, FL 33831-9005
By Hand Delivery or Interagency Mail:
Rebecca Jetton, Community Planning Administrator, DEO Tallahassee
Sherry A. Spiers, Assistant General Counsel, DEO Tallahassee
