73C-41.019. Actions for Review of Local Government Regulations

(1) 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.

(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.

(b) The local government shall respond to the Department’s letter within 30 calendar days from receipt of the letter indicating either:

1. The regulations have been adopted, and submit two copies of the required regulations, including copies of any separate adopting or enabling legislation, to the Department of Economic Opportunity, Division of Community Development. All copies of regulations and legislation must be certified as true and correct copies of the originals by the city or county clerk; or

2. The actions the local government has already taken or will take to develop and adopt the required regulations and shall include a schedule approved by formal action of the local governing body for adoption of the regulations. The schedule must provide for the adoption of the required regulations within 120 calendar days from receipt of the Department’s initial letter requesting copies of the regulations. The local government may request an extension of time from the Department during the 120 day period. If the local government requests an extension of the 120 days, the Department must grant or deny the extension within 14 calendar days of receipt of the request. The Department shall not grant an extension unless substantial evidence exists that the local government is unable to adopt the regulations within the 120 day period. Upon adoption of the regulations pursuant this subsection, the local government shall transmit the adopted regulations in accordance with subparagraph (2)(b)1.

(2) Once the local government transmits the adopted regulations, as provided above, the Department shall have 30 calendar days from receipt of the regulations to determine whether the local government has totally complied with the requirements of section 163.3202, F.S.

(3) Upon receipt of the adopted regulations, the Department shall consult with appropriate local government officials during this period to assure that the local government has opportunities to discuss any of the regulations in question. The review shall be for the sole purpose of determining whether or not the required regulations have been adopted, and shall not address the consistency of the regulations with the plan. The Department shall review regulations of any other agency utilized as an integral part of the development approval process and incorporated into the single land development code.

(4) If the Department determines that the local government has adopted all of the required regulations, the Department will notify the chief local elected official and initiating party in writing within 30 calendar days of the Department’s receipt of the regulations from the local government.

(5) 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 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) The letter to the local government shall be certified, return receipt requested. In its notification letter, the Department will specify which of the required regulations have not been adopted and the justification for the Department’s determination.

(b) The local government shall have 90 calendar days from receipt of the Department’s notification letter to adopt the required regulations. The local government may request an extension of time from the Department during the 90 day period. If the local government requests an extension of the 90 days, the Department must grant or deny the extension within 14 calendar days of receipt of the request. The Department shall not grant an extension unless substantial evidence exists that the local government is unable to adopt the regulations within the 90 day period.

(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, the Department shall institute an action in circuit court to require adoption of these regulations, if they have not been adopted. The Department shall 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, 11-24-02, 5-12-10, Formerly 9J-11.019, Amended 7-13-17.