Current through Reg. 50, No. 187; September 24, 2024
(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.
New 11-6-96, Amended 4-8-99, 11-24-02, 5-12-10, Formerly
9J-11.019, Amended
7-13-17.
