18518384, 73C-40.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 18518384

Notice of Development of Rulemaking

Department:

DEPARTMENT OF COMMERCE

Division:

Division of Community Development

Chapter:

COMMUNITY PLANNING: RULES OF PROCEDURE AND PRACTICE PERTAINING TO DEVELOPMENTS OF REGIONAL IMPACT

Overview

RULE:

73C-40.001	Definitions (Repealed)
73C-40.010	Forms (Repealed)
73C-40.016	Binding Letters of Interpretation (Repealed)
73C-40.0185	Preliminary Development Agreements (Repealed)
73C-40.021	Preparation, Filing, and Review of Applications for Development Approval (Repealed)
73C-40.022	Filing the Application for Development Approval (Repealed)
73C-40.024	Regional Report and Recommendations (Repealed)
73C-40.025	Local Government Development Orders (Repealed)
73C-40.0251	Abandonment of Development Orders (Repealed)
73C-40.0256	Hurricane Preparedness Policy Rule; Special Hurricane Preparedness Districts (Repealed)
73C-40.0257	Special Hurricane Preparedness Districts for Developments of Regional Impact (Repealed)
73C-40.028	Alternative Review Procedures (Repealed)
73C-40.029	Downtown Development of Regional Impact Alternative Review Procedure (Repealed)

PURPOSE:

Chapter 380, Part 1, F.S., creates the Florida Environmental Land and Water Management Act (“Act”), which provides for the protection of the state’s natural resources and environment and designates the Department as the land planning agency responsible for enforcing and administering the rules and regulations of the Act.  Sections 380.032 and 380.06, F.S., confer rulemaking authority on the Department to adopt rules necessary to administer and implement the various provisions within the Act.  
The Department proposes the following amendments:  Combining Rules 73C-40.021, .022, and .024, F.A.C., to create one rule describing the processes necessary to obtain development approval; combining Rules 73C-40.025 and .0256, F.A.C., to create one rule related to hurricane preparedness; combining Rules 73C-40.028 and .029, F.A.C., to create one rule setting forth alternative review procedures; repealing Rule 73C-40.001, F.A.C., which provides definitions already defined in Chapter 380, F.S.; moving the individual forms identified in Rule 73C-40.010, F.A.C., to the relative/substantive rules within Ch. 73C-40, F.A.C.

SUBJECT:

Amend and/or revise existing rules to create a single rule for each of the following subject areas: the processes for obtaining development approval; hurricane preparedness; and alternative review procedures.  Repeal definitions already set forth in statute and amend and/or revise Chapter 73C-40, F.A.C., to move individual form references to the applicable rule.

RULEMAKING AUTHORITY:

380.032(2),(2)(a), 380.06(19)(f)1., (21)(c), (23), (23)(a), (b), (c)1., (26), 380.0651(4)(f), F.S.

LAW:

120.569, 380.031, 380.032,(3), 380.06, 380.06(1), (2), (2)(c), (d), (e), (4), (5)(a)1., (7), (8), (9), (12), (13), (14), (15), (17), (18), (19), (20), (21), (22), (23), (23)(b), (26), 380.0651, (4), 380.07(2,)F.S.

PRINT PUBLISH DATE:

1/23/2017 Vol. 43/14

RELATED STATUTES
AND LAWS:

380.032(2),(2)(a), 380.06(19)(f)1., (21)(c), (23), (23)(a), (b), (c)1., (26), 380.0651(4)(f), F.S., 120.569, 380.031, 380.032,(3), 380.06, 380.06(1), (2), (2)(c), (d), (e), (4), (5)(a)1., (7), (8), (9), (12), (13), (14), (15), (17), (18), (19), (20), (21), (22), (23), (23)(b), (26), 380.0651, (4), 380.07(2,)F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=73C-40.001&PDate=1/23/2017&Section=1

REFERENCE MATERIALS:

No reference(s).

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