9J-11.023: Procedure for the Designation of a Rural Land Stewardship Area
PURPOSE AND EFFECT: The purpose and effect are to implement current statutory requirements for requests to authorize the designation of a Rural Land Stewardship Area and for amendments to local comprehensive plans that establish or amend a Rural Land Stewardship Area.
SUMMARY: The proposed amendments to Chapter 9J-11, F.A.C., pertaining to the procedure for the submittal and review of local government comprehensive plans and amendments, modify the rules to comply with Section 163.3177(11), F.S., regarding rural land stewardship areas. The proposed amendments add procedures concerning the notification of intent to designate rural land stewardship areas and the Department’s authorization to the local government to proceed with the plan amendment. Specifically, the proposed amendments add Rule 9J-11.023, F.A.C., which establishes the required procedures for the designation of a rural land stewardship area.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule amendment will not have an impact on small business. A statement of estimated regulatory costs was prepared. A copy can be obtained from Robert Pennock at the address listed below.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 163.3177(9), 163.3177(11)(h) FS.
LAW IMPLEMENTED: 163.3177(11)(d) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 15, 2009, 1:00 p.m.
PLACE: Randall Kelley Training Room, Third Floor, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Sheri Coven, Intergovernmental Affairs Coordinator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Sadowski Building, Tallahassee, Florida 32399-2100, (850)922-1600. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robert Pennock, Strategic Planning Coordinator, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, (850)922-1735
THE FULL TEXT OF THE PROPOSED RULE IS:
9J-11.023 Procedure for the Designation of a Rural Land Stewardship Area.
(1) Purpose and Intent. This section establishes the required procedure for the designation of a rural land stewardship area (RLSA) pursuant to Section 163.3177(11)(d), F.S.
(2) Pre-Notification Actions.
(a) Prior to giving official notification of intent to designate a RLSA to the Department, the county(ies) shall conduct at least one noticed public workshop to discuss and evaluate the appropriateness of establishing a RLSA. The county(ies) shall invite the Department of Community Affairs, Department of Agricultural and Consumer Services, Department of Environmental Protection, Department of Transportation, Florida Fish and Wildlife Conservation Commission, affected regional planning council(s), and affected water management district(s) (collectively referred to as the “RLSA Interagency Technical Advisory Team”) to participate in the workshop. Potentially affected landowners and other interested parties shall be given notice and invited to participate in the workshop. The workshop shall address: the statutory process for designating a RLSA; the planning issues that are likely to arise; and the technical assistance that will be available from state and regional agencies if the county(ies) proceed(s) to designate a RLSA. The county(ies) shall provide opportunities for broad public participation in the RLSA process, which may include a series of public meetings or workshops.
(b) The county(ies), in coordination with the affected landowners, shall host a site visit of the RLSA for the RLSA Interagency Technical Advisory Team in conjunction with the workshop or after the notification of intent to designate pursuant to paragraph (4)(b).
(3) Notification of Intent to Designate. The county(ies) must inform the Department in writing of its (their) intent to designate a RLSA prior to transmitting any plan amendments to designate a RLSA. The official notification of intent shall be based on locally specific facts and analysis, shall demonstrate how the RLSA meets the minimum threshold eligibility requirements pursuant to subsection 9J-5.026(4), F.A.C., and shall address and explain the extent to which the RLSA will:
(a) Enhance rural land values;
(b) Control urban sprawl;
(c) Provide necessary open space for agriculture and protection of the natural environment;
(d) Promote rural economic activity; and
(e) Maintain rural character and the economic viability of agriculture.
The notification should avoid conclusory statements, generalities, and repetition of statutory language unsupported by a discussion of relevant local facts.
(4) Review of Notification of Intent to Designate.
(a) The Department will provide members of the RLSA Interagency Technical Advisory Team with a copy of the notification of intent to designate within five days after receipt of the notification.
(b) If a site visit was not made prior to the notification of intent to designate, the Department will contact the county(ies) within ten days after receipt of the notification of intent to arrange a site visit of the proposed RLSA and surrounding lands. The county(ies) shall ensure proper coordination with the affected landowners. The Department will coordinate the scheduling of the site visit with the members of the RLSA Interagency Technical Advisory Team and request their participation in the site visit.
(c) Members of the RLSA Interagency Technical Advisory Team shall be asked to provide to the Department oral and/or written comments on the proposed RLSA within 30 days of the receipt of the notification of intent to designate or the site visit, if it occurs after the notification. The Department may also request meetings with the members of the RLSA Interagency Technical Advisory Team to discuss and evaluate the notification and site visit. The Department may also request a conference with the county’s(ies’) staff(s) to discuss issues and questions that have arisen as a result of the site visit, comments from members of the Interagency Technical Advisory Team and other stakeholders, and the Department’s evaluation of the RLSA proposal.
(d) Not later than 60 days following the receipt of the notification of intent to designate or the site visit, whichever is later, the Department shall issue a written notification to the county(ies).
(e) The Department’s notification shall authorize the county(ies) to proceed with a plan amendment to designate the RLSA or inform the county(ies) of the Department’s decision not to authorize. The decision shall be based on the information contained in or gained from the notification, site visit, other agency comments, and other information received. The Department shall authorize the county(ies) to proceed if it determines that the proposed RLSA meets the threshold eligibility requirements of subsection 9J-5.026(4), F.A.C. and that there is a reasonable likelihood that the RLSA will further the principles of rural sustainability. If the Department decides to authorize the county(ies) to proceed with a plan amendment to designate a RLSA, the notification will set forth the facts on which the authorization is based, and may include recommendations to the county(ies) regarding the RLSA. The notification will not guarantee that a comprehensive plan amendment(s) to designate a RLSA will be found in compliance by the Department. It will only constitute the Department’s authorization to designate a RLSA if the necessary comprehensive plan amendment(s) are adopted and found in compliance pursuant to Section 163.3184, F.S. If the Department decides not to authorize the county(ies) to proceed with a plan amendment to designate a RLSA, the agency’s notification will explain the reasons for the decision.
(5) Amendment to the Comprehensive Plan: If authorized to proceed, the county(ies) may prepare and process a plan amendment(s) that will be reviewed by the Department pursuant to Section 163.3184, F.S. The county(ies) may, in preparing the plan amendment(s), establish a local visioning process to facilitate the development of a RLSA plan amendment. The Department encourages the county(ies) to seek and utilize technical assistance from the members of the RLSA Interagency Technical Advisory Team in preparing a RLSA plan amendment.
Rulemaking Authority 163.3177(9), 163.3177(11)(h) FS. Law Implemented 163.3177(11)(d) FS. History–New________.