Fla. Admin. Code tit. 28 | Fla. Admin. Code Title 28 — Administration Commission

Chapter 28-10 CERTIFICATION OF LOCAL GOVERNMENTS TO REVIEW DEVELOPMENTS OF REGIONAL IMPACT

Fla. Admin. Code R. 28-10.001 Purpose

History

Rulemaking Authority 380.065(6) FS. Law Implemented 380.065 FS. History–New 6-1-87, Repealed 4-6-18 pursuant to Chapter 2018-158 L.O.F.

Fla. Admin. Code R. 28-10.002 Definitions

History

Rulemaking Authority 380.065(6) FS. Law Implemented 380.065 FS. History–New 6-1-87, Repealed 4-6-18 pursuant to Chapter 2018-158 L.O.F.

Fla. Admin. Code R. 28-10.003 Petitions for Certification

History

Rulemaking Authority 380.065(6) FS. Law Implemented 380.065 FS. History–New 6-1-87, Repealed 4-6-18 pursuant to Chapter 2018-158 L.O.F.

Fla. Admin. Code R. 28-10.004 Department of Economic Opportunity Report and Recommendations

History

Rulemaking Authority 380.065(6) FS. Law Implemented 380.065 FS. History–New 6-1-87, Repealed 4-6-18 pursuant to Chapter 2018-158 L.O.F.

Fla. Admin. Code R. 28-10.009 Monitoring Certified Local Governments

History

Rulemaking Authority 380.065(6) FS. Law Implemented 380.065 FS. History–New 6-1-87, Repealed 4-6-18 pursuant to Chapter 2018-158 L.O.F.

Fla. Admin. Code R. 28-10.010 Appeals and Enforcement

History

Rulemaking Authority 380.065(6) FS. Law Implemented 380.065 FS. History–New 6-1-87, Repealed 4-6-18 pursuant to Chapter 2018-158 L.O.F.

Fla. Admin. Code R. 28-10.011 Development Orders for Developments of Regional Impact

History

Rulemaking Authority 380.065(6) FS. Law Implemented 380.065 FS. History–New 6-1-87, Repealed 4-6-18 pursuant to Chapter 2018-158 L.O.F.

Chapter 28-18 LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF MARATHON

Fla. Admin. Code R. 28-18.100 Purpose and Effect

History

Rulemaking Authority 380.0552(9) FS. Law Implemented 380.0552 FS. History–New 10-29-02, Repealed 11-28-05.

Fla. Admin. Code R. 28-18.200 Comprehensive Plan

History

Rulemaking Authority 380.0552(9) FS. Law Implemented 380.0552 FS. History–New 10-29-02, Repealed 11-28-05.

Fla. Admin. Code R. 28-18.300 Purpose and Effect

As provided in Sections 380.05(10) and 380.0552(7), F.S., the Comprehensive Plan of the City of Marathon shall be superseded by amendments which are proposed by Marathon and approved by the Department of Commerce pursuant to Sections 380.05(6) and 380.0552(9), F.S.

History

Rulemaking Authority 380.0552(9), 380.05(22) FS. Law Implemented 380.0552 FS. History–New 6-17-11.

Fla. Admin. Code R. 28-18.400 Comprehensive Plan

(1) The Comprehensive Plan of the City of Marathon, as the same exists on January 1, 2011, is hereby amended to read as follows:

(2) Policy 1-3.5.18 Marathon Work Program Conditions and Objectives.

(a) The number of allocations issued annually for residential development under the Residential Building Permit Allocation System (BPAS) shall not exceed a total annual unit cap of 30, plus any available unused BPAS allocations from a previous year. Unused BPAS allocations may be retained and made available only for affordable housing and Administrative Relief from BPAS year to BPAS year. Unused market rate allocations shall be available for Administrative Relief. Any unused affordable allocations will roll over to affordable housing. This BPAS allocation represents the total number of allocations for development that may be issued during a year. A BPAS year means the twelve-month period beginning on July 13. Policy 1-3.5.18 supersedes Policy 1-3.5.2 of the City of Marathon Comprehensive Plan.

(b) No exemptions or increases in the number of allocations may be allowed, other than that which may be expressly provided for in the comprehensive plan or for which there is an existing agreement as of September 27, 2005, for affordable housing between the Department and the local government in the critical areas.

(c) Through the Permit Allocation Systems, Marathon shall direct new growth and redevelopment to areas served by a central sewer system by 2015 that has committed or planned funding sources. Committed or planned funding is funding that is financially feasible and reflected in a Capital Improvements Element approved by the Department of Commerce. Prior to the ranking and approval of awards for an allocation authorizing development of new principal structures. Marathon shall coordinate with the central wastewater facility provider and shall increase an applicant’s score by four points for parcels served by a collection line within a central wastewater facility service area where a central wastewater treatment facility has been constructed that meets the treatment standards of Sections 381.0065(4)(l) and 403.086(10), F.S., and where treatment capacity is available. The points shall only be awarded if a construction permit has been issued for the collection system and the parcel lies within the service area of the wastewater treatment facility.

(3) Reporting and Oversight.

(a) Beginning November 30, 2011, Marathon and the Department of Commerce shall annually report to the Administration Commission documenting the degree to which the work program objectives for the work program year have been achieved. The Commission shall consider the findings and recommendations provided in those reports and shall determine whether progress has been achieved toward accomplishing the tasks of the work program. If the Commission determines that progress has not been made, the unit cap for residential development shall be reduced by 20 percent for the following year.

(b) If the Commission determines that progress has been made for the work program year, then the Commission shall restore the unit cap for residential development for the following year up to a maximum of 30 allocations per BPAS year.

(c) Notwithstanding any other date set forth in this plan, the dates set forth in the work program shall control where conflicts exist.

(d) Wastewater treatment and disposal in Marathon is governed by the requirements of Sections 381.0065(4)(l) and 403.086(10), F.S., as amended. Nothing in this rule shall be construed to limit the authority of the Department of Environmental Protection or Department of Health to enforce Sections 381.0065(4)(1) and 403.086(10), F.S., as amended.

(4) Policy 1-2.2.4 Hurricane Modeling.

For hurricane evacuation clearance time modeling purposes, clearance time shall begin when the Monroe County Emergency Management Coordinator issues the evacuation order for the permanent population for a hurricane that is classified as a Category 3-5 wind event or Category C-E surge event. The termination point shall be the intersection of U.S. Highway One and the Florida Turnpike in Homestead/Florida City.

(5) WORK PROGRAM.

(a) Carrying Capacity Study Implementation.

By July 1, 2011, and each July thereafter, Marathon shall evaluate its land acquisition needs and state and federal funding opportunities and apply annually to at least one state or federal land acquisition funding opportunity.
By July 1, 2012, Marathon shall enter into a memorandum of understanding with the Department of Commerce, Division of Emergency Management, Monroe County, Islamorada, Key West, Key Colony Beach, and Layton after a notice and comment period of at least 30 days for interested parties. The memorandum of understanding shall stipulate, based on professionally acceptable data and analysis, the input variables and assumptions, including regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models acceptable to the Department of Commerce to accurately depict evacuation clearance times for the population of the Florida Keys.
By July 1, 2012, the Florida Keys Hurricane Evacuation Model shall be run with the agreed upon variables from the memorandum of understanding. Marathon and the Department of Commerce shall update the data for the Florida Keys Hurricane Evacuation Model as professionally acceptable sources of information are released (such as the Census, American Communities Survey, Bureau of Business and Economic Research, and other studies). The City shall also evaluate and address appropriate adjustments to the hurricane evacuation model within each Evaluation and Appraisal Report.
By December 1, 2012, Marathon shall complete an analysis of maximum build-out capacity for the Florida Keys Area of Critical State Concern, consistent with the requirement to maintain a 24-hour evacuation clearance time and the Florida Keys Carrying Capacity Study constraints. This analysis shall be prepared in coordination with the Department of Commerce, Monroe County and each municipality in the Keys.
By December 1, 2012, the Department of Commerce shall apply the derived clearance time to assess and determine the remaining allocations for the Florida Keys Areas of Critical State Concern. The Department will recommend appropriate revisions to the Administration Commission regarding the allocation rates and distribution of allocations to Monroe County, Marathon, Islamorada, Key West, Layton and Key Colony Beach or identify alternative evacuation strategies that support the 24-hour hurricane evacuation clearance time. If necessary, the Department of Commerce shall work with each local government to amend the respective Comprehensive Plans to reflect revised allocation rates and distributions or propose rule making to the Administration Commission.
By July 1, 2013, based on the Department of Commerce’s recommendations, Marathon shall amend the current building permit allocation system (BPAS in the Comprehensive Plan and Land Development Regulations) based on infrastructure availability, level of service standards, environmental carrying capacity, and hurricane evacuation clearance time.

(b) Wastewater Implementation.

By July 1, 2011 and each July 1 thereafter, Marathon shall annually evaluate and allocate funding for wastewater implementation. Marathon shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan.
By July 1, 2011, Marathon shall evaluate its wastewater needs and state and federal funding opportunities and apply annually to at least one state or federal funding opportunity for wastewater projects and connections.

By December 30, 2020, Marathon and its partners shall update the 2013 Canal Management Master Plan (CCMP) to include any updated water quality assessment of canals, a methodology to prioritize need for water quality improvement, appropriate restoration options and revised canal rankings based on new information.
By December 30, 2020, Marathon shall develop and adopt guidelines to select canals for restoration, including a process to evaluate the feasibility of the project, the proposed restoration design (evaluate long-term cost-effective solutions) and associated funding needs.
By December 30, 2020, and each year thereafter until 2030, the Department of Commerce shall work with each stakeholder, including but not limited to each local government, Environmental Protection Agency (EPA), United States Army Corps of Engineers (ACOE), Florida Department of Environmental Protection (DEP), National Oceanic and Atmospheric Administration (NOAA), Florida Keys National Marine Sanctuary (FKNMS), and the South Florida Water Management District (SFWMD) to facilitate intergovernmental coordination and expedite review of canal restoration projects within the Florida Keys.
By July 1, 2021, Marathon shall identify and evaluate funding sources for the implementation of canal restoration projects and the continual operation and maintenance of canals post restoration.
By July 1, 2021, and each year thereafter until 2030, Marathon shall identify canal restoration projects and implementation plans for each canal project. Marathon shall provide a list of selected canal restoration projects to the Department of Commerce by October 1st of each year to be completed during the following work program reporting period.
By July 1, 2021, and each year thereafter until 2030, Marathon shall evaluate its canal restoration needs and state and federal funding opportunities and apply annually to at least one state or federal funding opportunity for canal restoration projects.
By July 1, 2021 and each year thereafter until 2030, Marathon shall annually evaluate and allocate funding for canal restoration implementation. Marathon shall identify any funding in the annual update to the Capital Improvements Element (CIE) of the Comprehensive Plan.
By July 1, 2021, the Department of Commerce shall work with each stakeholder, including but not limited to each local government, EPA, ACOE, DEP, NOAA/FKNMS, SFWMD, to facilitate intergovernmental coordination and review of alternative solutions, including reduced regulatory costs, for canal systems that are susceptible to receiving large inputs of seagrass and other accumulated organic material from near shore waters.
By July 1, 2022, and each year thereafter until 2030, Marathon shall report which canal restoration projects have been initiated and projects that were completed during the reporting period to the Department of Commerce for submission to the Administration Commission.
By July 1, 2022, the Department of Commerce shall work with each stakeholder, including but not limited to each local government, EPA, ACOE, DEP, NOAA/FKNMS, SFWMD, to facilitate the permitting approval of the alternative solutions identified for canal systems with accumulated organic material issues to substantially reduce those inputs to levels that do not contribute to eutrophication, hypoxia, or other water and sediment quality issues within the canals.
By July 1, 2023, Marathon shall submit a plan to assess the effectiveness of completed canal restoration projects. The plan shall describe the methods, timeframes and potential funding sources to monitor the effectiveness of restoration projects based on water quality and ecological response factors. Marathon shall consult with the DEP Division of Environmental Assessment and Restoration to develop a cost-effective plan. The Department of Commerce will coordinate review of the completed plan with the DEP. Marathon shall account for agency review comments and modify the plan as necessary.
Beginning July 1, 2024, and annually thereafter until 2030, Marathon shall assess the effectiveness of canal restoration in accordance with the plan identified in subparagraph (5)(c)11. The DEP will make monitoring information related to Keys water quality available to Marathon to inform the assessment.

History

Rulemaking Authority 380.0552(9), 380.05(22) FS. Law Implemented 380.0552 FS. History–New 6-17-11, Amended 11-26-20.

Chapter 28-19 LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN, ISLAMORADA, VILLAGE OF ISLANDS

Fla. Admin. Code R. 28-19.100 Purpose and Effect

(1) The purpose of this Chapter is to amend the Transitional Comprehensive Plan of Islamorada, Village of Islands, within the Florida Keys Area of Critical State Concern, pursuant to Section 380.0552(9), F.S.

(2) In order to provide an accurate record of the amendments approved by this chapter, each set of amendments is set forth in a separate rule section. If any provision of the comprehensive plan is amended by two rule sections, the latest amendment shall control.

(3) As provided in Sections 380.05(10) and 380.0552(7), F.S., the Transitional Comprehensive Plan of the Village adopted herein shall be superseded by amendments which are proposed by the Village and approved by the Department of Commerce pursuant to Sections 380.05(6) and 380.0552(9), F.S. The Village Transitional Comprehensive Plan shall be superseded by the new Village Comprehensive Plan upon approval by the Department of Commerce pursuant to Sections 380.05(6) and 380.0552(9), F.S.

History

Rulemaking Authority 380.0552(9) FS. Law Implemented 380.0552 FS. History–New 7-26-99.

Fla. Admin. Code R. 28-19.200 Comprehensive Plan

History

Rulemaking Authority 380.0552(9) FS. Law Implemented 380.0552 FS. History–New 7-26-99, Repealed 1-12-14.

Fla. Admin. Code R. 28-19.310 Comprehensive Plan

(1) The Comprehensive Plan of Islamorada, Village of Islands, as the same exists on January 1, 2011, is hereby amended to read as follows:

(2) Policy 1-3.1.1 Islamorada Work Program Conditions and Objectives.

(a) The number of permits issued annually for residential development under the Residential Building Permit Allocation System (BPAS) shall not exceed a total annual unit cap of 22 market rate units and 6 affordable housing units, plus any available unused BPAS allocations from the previous BPAS year. Unused BPAS allocations may be retained and made available only for affordable housing and Administrative Relief from BPAS year to BPAS year. Unused market rate allocations shall be available for Administrative Relief. Any unused affordable allocations will roll over to affordable housing. This BPAS allocation represents the total number of allocations for development that may be issued during a year. A BPAS year means the twelve-month period beginning on July 13.

(b) Beginning November 30, 2011, the Village and the Department of Commerce shall annually report to the Administration Commission documenting the degree to which the work program objectives for the work program year have been achieved. The Commission shall consider the findings and recommendations provided in those reports and shall determine whether progress has been achieved toward accomplishing the tasks of the work program. If the Commission determines that progress has not been made, the unit cap for residential development shall be reduced by 20 percent for the following year.

(3) Policy 2-1. 2.10 Hurricane Modeling.

(4) Reporting and Oversight.

(a) Through the Permit Allocation Systems, Islamorada shall direct new growth and redevelopment to areas served by or that would be served a central sewer system by December 2015, that has committed funding or planned funding sources. Committed or planned funding is funding that is financially feasible and reflected in a Capital Improvements Element approved by the Department of Commerce. Prior to the ranking and approval of awards for an allocation authorizing development of new principal structures, the Village of Islamorada shall coordinate with the central wastewater facility provider and shall increase an applicant’s score by two points for parcels served by a collection line within a central wastewater facility service area where a central wastewater treatment facility has been constructed that meets the treatment standards of Sections 381.0065(4)(1) and 403.086(10), F.S., and where treatment capacity is available. The points shall only be awarded if a construction permit has been issued for the collection system and the parcel lies within the service area of the wastewater treatment facility.

(c) Wastewater treatment and disposal in Islamorada is governed by the requirements of Sections 381.0065(4)(1) and 403.086(10), F.S. Nothing in this rule shall be construed to limit the authority of the Department of Commerce or Department of Health to enforce Sections 381.0065(4)(1) and 403.086(10), F.S.

(d) Notwithstanding any other date set forth in this plan, the dates set forth in the work program shall control where conflicts exist.

(5) WORK PROGRAM.

(a) Carrying Capacity Implementation.

By July 1, 2011 and each July 1 thereafter, Islamorada shall evaluate its land acquisition needs and state and federal funding opportunities and apply to at least one state or federal land acquisition funding opportunity.
By July 1, 2012, Islamorada shall enter into a memorandum of understanding with the Department of Commerce, Division of Emergency Management, Marathon, Monroe, Key West, Key Colony Beach, and Layton after a notice, public workshop and comment period of at least 30 days for interested parties. The memorandum of understanding shall stipulate, based on professionally acceptable data and analysis, the input variables and assumptions, including regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models acceptable to the Department to accurately depict evacuation clearance times for the population of the Florida Keys.
By July 1, 2012, the Florida Keys Hurricane Evacuation Model shall be run with the agreed upon variables from the memorandum of understanding. Islamorada and the Department of Commerce shall update the data for the Florida Keys Hurricane Evacuation Model as professionally acceptable sources of information are released (such as the Census, American Communities Survey, Bureau of Business and Economic Research, and other studies). Islamorada shall also evaluate and address appropriate adjustments to the hurricane evacuation model within each Evaluation and Appraisal Report.
By July 1, 2012, Islamorada shall complete an analysis of maximum build-out capacity for the Florida Keys Area of Critical State Concern, consistent with the requirement to maintain a 24-hour evacuation clearance time and the Florida Keys Carrying Capacity Study constraints. This analysis shall be prepared in coordination with the Department of Commerce, Monroe County and each municipality in the Keys.
By July 1, 2012, the Department of Commerce shall apply the derived clearance time to assess and determine the remaining allocations for the Florida Keys Areas of Critical State Concern. The Department will recommend appropriate revisions to the Administration Commission regarding the allocation rates and distribution of allocations to Monroe County, Marathon, Islamorada, Key West, Layton and Key Colony Beach or identify alternative evacuation strategies that support the 24-hour evacuation clearance time. If necessary, Department of Commerce shall work with each local government to amend the Comprehensive Plans to reflect revised allocation rates and distributions or propose rule making to the Administration Commission.
By July 1, 2013, based on the Department of Commerce’s recommendations, Islamorada shall amend the current building permit allocation system (BPAS in the Comprehensive Plan and Land Development Regulations) based on infrastructure availability, level of service standards, environmental carrying capacity constraints, and hurricane evacuation clearance time.

(b) Wastewater Implementation.

Beginning July 1, 2011 and each July 1 thereafter, Islamorada shall identify any funding for wastewater implementation. Islamorada shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan.
By July 1, 2011 and by July 1 of each year thereafter, Islamorada shall evaluate its wastewater needs and state and federal funding opportunities and apply annually to at least one state or federal funding opportunity for wastewater projects and connections.

By December 30, 2020, Islamorada and its partners shall update the 2013 Canal Management Master Plan (CCMP) to include any updated water quality assessment of canals, a methodology to prioritize need for water quality improvement, appropriate restoration options and revised canal rankings based on new information.
By December 30, 2020, Islamorada shall develop and adopt guidelines to select canals for restoration, including a process to evaluate the feasibility of the project, the proposed restoration design (evaluate long-term cost-effective solutions) and associated funding needs.
By December 30, 2020, and each year thereafter until 2030, the Department of Commerce shall work with each stakeholder, including but not limited to each local government, Environmental Protection Agency (EPA), United States Army Corps of Engineers (ACOE), Florida Department of Environmental Protection (DEP), National Oceanic and Atmospheric Administration (NOAA), Florida Keys National Marine Sanctuary (FKNMS), and the South Florida Water Management District to facilitate intergovernmental coordination and expedite review of canal restoration projects within the Florida Keys.
By July 1, 2021, Islamorada shall identify and evaluate funding sources for the implementation of canal restoration projects and the continual operation and maintenance of canals post restoration.
By July 1, 2021, and each year thereafter until 2030, Islamorada shall identify canal restoration projects and implementation plans for each canal project. Islamorada shall provide a list of selected canal restoration projects to the Department of Commerce by October 1st of each year to be completed during the following work program reporting period.
By July 1, 2021, and each year thereafter until 2030, Islamorada shall evaluate its canal restoration needs and state and federal funding opportunities and apply annually to at least one state or federal funding opportunity for canal restoration projects.
By July 1, 2021 and each year thereafter until 2030, Islamorada shall annually evaluate and allocate funding for canal restoration implementation. Islamorada shall identify any funding in the annual update to the Capital Improvements Element (CIE) of the Comprehensive Plan.
By July 1, 2021, the Department of Commerce shall work with each stakeholder, including but not limited to each local government, EPA, ACOE, DEP, NOAA/FKNMS, SFWMD, to facilitate intergovernmental coordination and review of alternative solutions, including reduced regulatory costs, for canal systems that are susceptible to receiving large inputs of seagrass and other accumulated organic matter from near shore waters.
By July 1, 2022, and each year thereafter until 2030, Islamorada shall report which canal restoration projects have been initiated and projects that were completed during the reporting period to the Department of Commerce for submission to the Administration Commission.
By July 1, 2022, the Department of Commerce shall work with each stakeholder, including but not limited to each local government, EPA, ACOE, DEP, NOAA/FKNMS, SFWMD, to facilitate the permitting approval of the alternative solutions identified for canal systems with accumulated organic matter issues to substantially reduce those inputs to levels that do not contribute to eutrophication, hypoxia, or other water and sediment quality issues within the canals.
By July 1, 2023, Islamorada shall submit a plan to assess the effectiveness of completed canal restoration projects. The plan shall describe the methods, timeframes and potential funding sources to monitor the effectiveness of restoration projects based on water quality and ecological response factors. Islamorada shall consult with the DEP Division of Environmental Assessment and Restoration to develop a cost-effective plan. The Department of Commerce will coordinate review of the completed plan with the DEP. Islamorada shall account for agency review comments and modify the plan as necessary.
Beginning July 1, 2024, and annually thereafter until 2030, Islamorada shall assess the effectiveness of canal restoration in accordance with the plan identified in subparagraph (5)(c)11. The DEP will make monitoring information related to Keys water quality available to Islamorada to inform the assessment.

History

Rulemaking Authority 380.0552(9), 380.05(22) FS. Law Implemented 380.0552 FS. History–New 6-17-11, Amended 11-26-20.

Chapter 28-20 LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY

Fla. Admin. Code R. 28-20.019 Purpose and Effect

(1) The purpose of this chapter is to establish land development regulations and a local comprehensive plan applicable within the Florida Keys Area of Critical State Concern, pursuant to Section 380.05(8), F.S. It is the intent of the Administration Commission that this rule shall supplement those land development regulations and those portions of the comprehensive plan approved by the Department of Commerce for the Florida Keys Area of Critical State Concern. To the extent that existing ordinances are not adopted in this rule or approved in Chapter 9J-14, F.A.C., such ordinances are not deemed to be “land development regulations” within the definition of Section 380.031(8), F.S.

(2) In order to provide an accurate record of the amendments approved by this chapter, each set of amendments is set forth in a separate rule section. If any provision of the comprehensive plan or the land development regulations is amended by two rule sections, the latest amendment shall control.

(3) As provided in Section 380.05(10), F.S., the comprehensive plan and land development regulations adopted herein shall be superseded by regulations or amendments which are proposed by Monroe County and approved by the Department of Commerce under the procedures found in Section 380.05(6), F.S.

(4) Land Development Regulations, including Official Land Use District Maps, shall be construed to implement the provisions of Chapter 163, F.S. (1985) and Chapter 86-170, Laws of Florida (1986).

(5) All development, in addition to being consistent with the provisions of these land development regulations which include the official land use district maps, shall be consistent with the goals, policies and objectives of the comprehensive plan. All land use decisions based upon the map designations must be consistent with the text of volumes I and II.

(6) The purpose of Part II of this chapter is to adopt amendments to the Monroe County Comprehensive Plan adopted by Monroe County Ordinance No. 016-1993, and approved by the Department of Commerce in Rules 9J-14.020-.023, F.A.C., including maps, consistent with the Principles for Guiding Development for the Florida Keys Area of Critical State Concern, pursuant to Sections 380.0552(7) and (9), F.S. The Monroe County Comprehensive Plan adopted by Ordinance 016-1993 and approved by the Department of Commerce in Rules 9J-14.020-.023, F.A.C., supersedes the Comprehensive Plan addressed in Part I of this chapter.

History

Rulemaking Authority 380.05(8), 380.0552(9) FS. Law Implemented 380.0552 FS. History–New 9-15-86, Amended 10-5-89, 1-2-96.

Fla. Admin. Code R. 28-20.020 Comprehensive Plan

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05(8), 380.0552(4) FS. History–New 9-15-86, Repealed 1-12-14.

Fla. Admin. Code R. 28-20.021 Land Development Regulations

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05(8), 380.0552(4) FS. History–New 9-15-86, Repealed 1-12-14.

Fla. Admin. Code R. 28-20.022 Second Administration Commission Amendments to the Comprehensive Plan

History

Rulemaking Authority 380.0552(9) FS. Law Implemented 380.0552 FS. History–New 10-5-89, Repealed 1-12-14.

Fla. Admin. Code R. 28-20.023 Second Administration Commission Amendments to Land Development Regulations

History

Rulemaking Authority 380.0552(9) FS. Law Implemented 380.0552 FS. History–New 10-5-89, Repealed 1-12-14.

Fla. Admin. Code R. 28-20.024 Third Administration Commission Amendments to Land Development Regulations

History

Rulemaking Authority 380.0552(9) FS. Law Implemented 380.0552 FS. History–New 8-12-92, Repealed 1-12-14.

Fla. Admin. Code R. 28-20.025 Land Development Regulations

History

Rulemaking Authority 380.0552(9) FS. Law Implemented 380.0552 FS. History–New 1-2-96, Repealed 1-12-14.

Fla. Admin. Code R. 28-20.100 Comprehensive Plan

History

Rulemaking Authority 380.05(8), 380.0552(9) FS. Law Implemented 380.0552 FS. History–New 1-2-96, Amended 7-17-97, 7-26-99, 10-29-02, Repealed 1-12-14.

Fla. Admin. Code R. 28-20.110 Comprehensive Plan

History

Rulemaking Authority 380.0552(9) FS. Law Implemented 380.0552 FS. History–New 9-27-05, Repealed 1-12-14.

Fla. Admin. Code R. 28-20.120 Land Development Regulations

History

Rulemaking Authority 380.0552(9) FS. Law Implemented 380.0552 FS. History–New 9-27-05, Repealed 1-12-14.

Fla. Admin. Code R. 28-20.140 Comprehensive Plan

(1) The Monroe County Comprehensive Plan Policy Document, as the same exists on January 1, 2011, is hereby amended to read as follows:

(2) Policy 101.2.13 Monroe County Work Program Conditions and Objectives.

(a) Monroe County shall establish and maintain a Permit Allocation System for new residential development. The Permit Allocation System shall supersede Policy 101.2.1.

(b) The number of permits issued annually for residential development under the Rate of Growth Ordinance shall not exceed a total annual unit cap of 197, plus any available unused ROGO allocations from a previous ROGO year. Each year’s ROGO allocation of 197 units shall be split with a minimum of 71 units allocated for affordable housing in perpetuity and market rate allocations not to exceed 126 residential units per year. Unused ROGO allocations may be retained and made available only for affordable housing and Administrative Relief from ROGO year to ROGO year. Unused allocations for market rate shall be available for Administrative Relief. Any unused affordable allocations will roll over to affordable housing. A ROGO year means the twelve-month period beginning on July 13.

(c) This allocation represents the total number of allocations for development that may be issued during a ROGO year. No exemptions or increases in the number of allocations may be allowed, other than that which may be expressly provided for in the comprehensive plan or for which there is an existing agreement as of September 27, 2005, for affordable housing between the Department and the local government in the critical areas.

(d) Through the Permit Allocation Systems, Monroe County shall direct new growth and redevelopment to areas served or that would be served by a central sewer system by December 2015 that has committed or planned funding. Committed or planned funding is funding that is financially feasible and reflected in a Capital Improvements Element approved by the Department of Commerce. Prior to the ranking and approval of awards for an allocation authorizing development of new principal structures, Monroe County, shall coordinate with the central wastewater facility provider and shall increase an applicant’s score by four points for parcels served by a collection line within a central wastewater facility service area where a central wastewater treatment facility has been constructed that meets the treatment standards of Section 403.086(10), F.S., and where treatment capacity is available. The points shall only be awarded if a construction permit has been issued for the collection system and the parcel lies within the service area of the wastewater treatment facility.

(3) Reporting and Oversight.

(a) Beginning November 30, 2011, Monroe County and the Department of Commerce shall annually report to the Administration Commission documenting the degree to which the work program objectives for the work program year have been achieved. The Commission shall consider the findings and recommendations provided in those reports and shall determine whether progress has been achieved. If the Commission determines that progress has not been made, the unit cap for residential development shall be reduced by 20 percent for the following ROGO year.

(b) If the Commission determines that progress has been made for the work program year, then the Commission may restore the unit cap for residential development for the following year up to a maximum of 197 allocations per ROGO year.

(c) Notwithstanding any other date set forth in this plan, the dates set forth in the work program shall control where conflicts exist.

(d) Wastewater treatment and disposal in Monroe County is governed by the requirements of Sections 381.0065(4) and 403.086(10), F.S. Nothing in this rule shall be construed to limit the authority of the Department of Environmental Protection or the Department of Health to enforce Sections 381.0065(4) and 403.086(10), F.S.

(4) Policy 216.1.19. Hurricane Modeling.

For the purposes of hurricane evacuation clearance time modeling purposes, clearance time shall begin when the Monroe County Emergency Management Coordinator issues the evacuation order for permanent residents for a hurricane that is classified as a Category 3-5 wind event or Category C-E surge event. The termination point shall be U.S. Highway One and the Florida Turnpike in Homestead/Florida City.

(5) WORK PROGRAM.

(a) Carrying Capacity Study Implementation.

Prior to the County adopting a resolution recommending the removal of the designation of Monroe County as an Area of Critical State Concern, pursuant to Section 380.0552(4)(b)3., F.S., Monroe County shall adopt the conservation planning mapping (the Tier Zoning Overlay Maps and System) into the Comprehensive Plan as an overlay to the Future Land Use Map.
By July 1, 2012 and each July thereafter, Monroe County and the Monroe County Land Authority shall submit a report annually to the Administration Commission on the land acquisition funding and efforts in the Florida Keys to purchase Tier I and Big Pine Key Tier II lands and the purchase of parcels where a Monroe County building permit allocation has been denied for four (4) years or more. The report shall include an identification of all sources of funds and assessment of fund balances within those sources available to the County and the Monroe County Land Authority.
By July 1, 2011, Monroe County shall evaluate its land acquisition needs and state and federal funding opportunities and apply annually to at least one state or federal land acquisition funding opportunity.
By July 1, 2012, Monroe County shall enter into a memorandum of understanding with the Department of Commerce, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony Beach and Layton after a notice and comment period of at least 30 days for interested parties. The memorandum of understanding shall stipulate, based on professionally acceptable data and analysis, the input variables and assumptions, including regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models acceptable to the Department to accurately depict evacuation clearance times for the population of the Florida Keys.
By July 1, 2012, the Florida Keys Hurricane Evacuation Model shall be run with the agreed upon variables from the memorandum of understanding to complete an analysis of maximum build-out capacity for the Florida Keys Area of Critical State Concern, consistent with the requirement to maintain a 24-hour evacuation clearance time and the Florida Keys Carrying Capacity Study constraints. This analysis shall be prepared in coordination with the Department of Commerce and each municipality in the Keys.
By July 1, 2012, the County and the Department of Commerce shall update the data for the Florida Keys Hurricane Evacuation Model as professionally acceptable sources of information are released (such as the Census, American Communities Survey, Bureau of Economic and Business Research, and other studies). The County shall also evaluate and address appropriate adjustments to the hurricane evacuation model within each Evaluation and Appraisal Report.
By July 1, 2012, the Department of Commerce shall apply the derived clearance time to assess and determine the remaining allocations for the Florida Keys Areas of Critical State Concern. The Department will recommend appropriate revisions to the Administration Commission regarding the allocation rates and distribution of allocations to Monroe County, Marathon, Islamorada, Key West, Layton and Key Colony Beach or identify alternative evacuation strategies that support the 24 hour evacuation clearance time. If necessary, the Department of Commerce shall work with each local government to amend the Comprehensive Plans to reflect revised allocation rates and distributions or propose rulemaking to the Administration Commission.
By July 1, 2013, if necessary, the Department of Commerce shall work with each local government to amend the Comprehensive Plan to reflect revised allocation rates and distribution or propose rule making to the Administration Commission.

(b) Wastewater Implementation.

By July 1, 2011, Monroe County shall annually evaluate and allocate funding for wastewater implementation. Monroe County shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan.
By July 1, 2011, Monroe County shall evaluate its wastewater needs and state and federal funding opportunities and apply annually to at least one state or federal funding opportunity for wastewater projects and connections.

Key Largo Wastewater Treatment Facility. Key Largo Wastewater Treatment District is responsible for wastewater treatment in its service area and the completion of the Key Largo Wastewater Treatment Facility.
Hawk’s Cay, Duck Key and Conch Key Wastewater Treatment Facility.

By July 1, 2014, Monroe County shall complete all remaining connections to Hawk’s Cay WWTP.

South Lower Keys Wastewater Treatment Facility (Big Coppitt Regional System).

By July 1, 2013, Monroe County shall complete all remaining connections to the South Lower Keys WWTP.

Cudjoe Regional Wastewater Treatment Facility.

By December 1, 2015, Monroe County shall complete remaining hook-ups to Cudjoe Regional WWTP.

(d) Canal Restoration Implementation.

By December 30, 2020, Monroe County and its partners shall update the 2013 Canal Management Master Plan (CCMP) to include any updated water quality assessment of canals, a methodology to prioritize need for water quality improvement, appropriate restoration options and revised canal rankings based on new information.
By December 30, 2020, Monroe County shall develop and adopt guidelines to select canals for restoration, including a process to evaluate the feasibility of the project, the proposed restoration design (evaluate long-term cost-effective solutions) and associated funding needs.
By December 30, 2020, and each year thereafter until 2030, the Department of Commerce shall work with each stakeholder, including but not limited to each local government, Environmental Protection Agency (EPA), United States Army Corps of Engineers (ACOE), Florida Department of Environmental Protection (DEP), National Oceanic and Atmospheric Administration (NOAA), Florida Keys National Marine Sanctuary (FKNMS), and the South Florida Water Management District (SFWMD) to facilitate intergovernmental coordination and expedite review of canal restoration projects within the Florida Keys.
By July 1, 2021, Monroe County shall identify and evaluate funding sources for the implementation of canal restoration projects and the continual operation and maintenance of canals post restoration.
By July 1, 2021, and each year thereafter until 2030, Monroe County shall identify canal restoration projects and implementation plans for each canal project. Monroe County shall provide a list of selected canal restoration projects to the Department of Economic Opportunity by October 1st of each year to be completed during the following work program reporting period.
By July 1, 2021, and each year thereafter until 2030, Monroe County shall evaluate its canal restoration needs and state and federal funding opportunities and apply annually to at least one state or federal funding opportunity for canal restoration projects.
By July 1, 2021 and each year thereafter until 2030, Monroe County shall annually evaluate and allocate funding for canal restoration implementation. Monroe County shall identify any funding in the annual update to the Capital Improvements Element (CIE) of the Comprehensive Plan.
By July 1, 2021, the Department of Commerce shall work with each stakeholder, including but not limited to each local government, EPA, ACOE, DEP, NOAA/FKNMS, SFWMD, to facilitate intergovernmental coordination and review of alternative solutions, including reduced regulatory costs, for canal systems that are susceptible to receiving large inputs of seagrass and other accumulated organic material from near shore waters.
By July 1, 2022, and each year thereafter until 2030, Monroe County shall report which canal restoration projects have been initiated and projects that were completed during the reporting period to the Department of Economic Opportunity for submission to the Administration Commission.
By July 1, 2022, the Department of Commerce shall work with each stakeholder, including but not limited to each local government, EPA, ACOE, DEP, NOAA/FKNMS, SFWMD, to facilitate the permitting approval of the alternative solutions identified for canal systems with accumulated organic material issues to substantially reduce those inputs to levels that do not contribute to eutrophication, hypoxia, or other water and sediment quality issues within the canals.
By July 1, 2023, Monroe County shall submit a plan to assess the effectiveness of completed canal restoration projects. The plan shall describe the methods, timeframes and potential funding sources to monitor the effectiveness of restoration projects based on water quality and ecological response factors. Monroe County shall consult with the DEP Division of Environmental Assessment and Restoration to develop a cost-effective plan. The Department of Economic Opportunity will coordinate review of the completed plan with the DEP. Monroe County shall account for agency review comments and modify the plan as necessary.
Beginning July 1, 2024, and annually thereafter until 2030, Monroe County shall assess the effectiveness of canal restoration in accordance with the plan identified in subparagraph (5)(c)11. The DEP will make monitoring information related to Keys water quality available to Monroe County to inform the assessment.

History

Rulemaking Authority 380.0552(9), 380.05(22) FS. Law Implemented 380.0552 FS. History–New 6-17-11, Amended 11-26-20.

Chapter 28-21 LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN CITY OF KEY COLONY BEACH

Fla. Admin. Code R. 28-21.100 Purpose and Effect

(1) The purpose of this Chapter is to establish portions of a local comprehensive plan pursuant to Section 380.05(8), F.S., and applicable to the City of Key Colony Beach, a city located within the Florida Keys Area of Critical State Concern. It is the intent of the Administration Commission that this rule shall supplement those portions of the comprehensive plan approved by the Department of Commerce in Chapter 9J-17, F.A.C.

(2) The comprehensive plan adopted herein shall be superseded by amendments which are proposed by the City of Key Colony Beach and approved by the Department of Commerce pursuant to Section 380.0552(9), F.S.

(3) The comprehensive plan adopted herein may require amendment of land development regulations in order to insure consistency with Future Land Use Element policies regarding public facilities and Coastal Zone Element policies regarding stormwater management and marina siting. The City has agreed to make the necessary amendments provided its requested changes to the November 21, 1986 Draft Rule on the City of Key Colony Beach Comprehensive Plan as outlined in a December 23, 1986 memorandum to the Department of Commerce are incorporated into this rule chapter.

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05(8), 380.0552(7) FS. History–New 2-18-87.

Fla. Admin. Code R. 28-21.101 Comprehensive Plan

The City of Key Colony Beach Comprehensive Plan, adopted on August 28, 1986 as Ordinance No. 215, is hereby supplemented with the following amendments:

(1) After the first policy on page 6-8, insert three new policies:

(a) “Within six (6) months of the effective date of this Plan, the City, in cooperation with Monroe County and the Florida Department of Commerce shall endeavor to establish either an impact fee ordinance or an interlocal government agreement with Monroe County, or both, as necessary, to that will ensure that new development in the City provides its fair share to expand public facilities that the City receives from the County.”

(b) “Within one year of the effective date of this Plan, the City shall prepare with the necessary funding and assistance of the Florida Department of Commerce a total projected buildout study to determine if the existing roads will maintain a level of service C and if the sewage treatment plant will be able to service the projected demand. If the results of the study indicate that the infrastructure capacity is not adequate to meet the demands of future development, the City shall identify the funding required to expand these facilities, lower land use densities, or establish other mitigation strategies to offset the projected demand that would exceed the capacity of the existing infrastructure.”

(2) After the sixth policy on page 6-12, insert the following new policies:

(a) “Within one year of the effective date of this plan, the City shall review its Future Land Use Map and show any existing or proposed public facilities, park areas, designated marina areas, and any future expansion of the Business area.”

(b) “Within one year of the effective date of this plan, the City shall review its ordinances and revise them as necessary to bring them into conformance with this Plan.”

(3) After the fifth policy on page 7-7, insert the following new policies:

(a) “The City will cooperate with Monroe County, the Florida Department of Environmental Protection, and other state and Federal agencies assisting in the county’s water quality monitoring program to ensure that the individual and cumulative impacts of development do not degrade nearshore water quality.”

(b) “If, in the area of the city, a water quality problem exists, as defined by a failure to meet or exceed the standards established in Chapter 17-3, F.A.C., and if the degradation is determined to be caused by stormwater runoff; the city, in cooperation with the Florida Department of Environmental Protection and the South Florida Water Management District, shall adopt and codify in the code of ordinances or shall prepare a stormwater management plan. In either case, the ordinance or the plan shall be based on the results of the monitoring program and shall be consistent with Chapter 17-25, F.A.C.”

(c) “Marina Siting Policy. Applicants for development approval of commercial or residential marinas containing 3 or more slips on state-owned submerged lands, shall meet the requirements of the Florida Keys Marina and Dock-Siting Policies and Criteria, Rule 18-21.0041, F.A.C.”

(d) “For marina and docking facilities not subject to Rule 18-21.0041, F.A.C., the following criteria shall apply: (A) No docking facility shall be approved which requires dredging or filling to provide access. This restriction shall also apply to widening or deepening of any canal or channel, but not to the regular maintenance dredging of canal basins or channels, provided such maintenance does not exceed acceptable water depths. (B) No new or expanded marina or docking facility shall be located in water or less than – 4'' feet mean low water or directly over any grass bed, excluding grass beds in man-made canals, reef, or patch reef except for a main access walkway necessary to reach vessels docked in waters of at least – 4'' feet mean low water in order to allow for a minimum clearance of one foot between the deepest draft and the bottom. (C) When applying for docking facilities or marinas, applicants are encouraged to use coordinated permit review procedures.”

(4) After the second policy on page 7-8, insert the following new policies:

(a) “Within six (6) months of the effective date of this Plan, the City shall clarify its relationship with the Monroe County Peacetime Emergency Plan with special consideration of the integration of the City and the County responsibilities with regard to hurricane preparedness, response, recovery, and mitigation; and shall act to adopt and incorporate appropriate policies into the Comprehensive Plan, the Code of Ordinances, or City emergency procedure guides.”

(b) “The City’s policy is to recommend evacuation of all persons from the City when a hurricane threatens.”

(5) After the second policy on page 10-6, insert the following new policy:

“The developers of all new developments involving the creation of twenty-five (25) or more permanent jobs (not including temporary jobs during construction) shall be required to make provision for adequate housing in the City or within a reasonable commuting distance to the City no later than six (6) months after the issuance of a certificate of occupancy for at least twenty-five percent (25%) of the employees who will fill the permanent jobs created by the development. For the purposes of this policy, the provision of adequate housing shall include the development of residential dwelling units and/or assistance, technical and financial, to any entity which develops or otherwise provides affordable housing units. Affordable housing means housing that costs no more than one third (1/3) of household income in households whose income is no more than 120 percent of the median household income for Monroe County as determined in the Florida Statistical Abstract.”

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05(8), 380.0552(4) FS. History–New 2-18-87.

Chapter 28-22 LAND PLANNING REGULATIONS FOR THE APALACHICOLA BAY AREA OF CRITICAL STATE CONCERN - FRANKLIN COUNTY

Fla. Admin. Code R. 28-22.100 Purpose and Effect

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555 FS. History–New 3-16-87, Amended 8-26-87, 11-2-87, 4-18-88, 6-5-88, 6-21-88, 7-21-88, 10-5-88, 1-8-89, 1-30-89, 7-20-89, 9-14-89, 10-25-89, 10-29-89, 11-20-89, 12-17-89, 1-1-90, 10-11-90, 2-6-91, 3-27-91, 5-19-91, 7-21-91, 8-1-91, 1-15-92, 3-24-92, 10-8-92, 12-21-92, 1-5-93, 2-16-93, 7-8-93, Repealed 1-12-14.

Fla. Admin. Code R. 28-22.101 First Revision to Zoning Code

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 3-16-87, Amended 8-26-87, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.102 Second Revision to Zoning Code

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 8-26-87, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.103 Third Revision to Zoning Code

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 4-18-88, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.104 Revision to Comprehensive Plan

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 10-5-88, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.105 Revision to Comprehensive Plan

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 10-5-88, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.106 Revision to Comprehensive Plan

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 1-30-89, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.107 Revision to Comprehensive Plan

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 1-30-89, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.108 Revision to Zoning Code

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 1-8-89, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.109 Revision to Zoning Code

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 1-30-89, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.110 Revision to Zoning Code

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 1-8-89, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.111 Amendment to Comprehensive Plan

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 7-20-89, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.112 Amendment to Comprehensive Plan

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 9-14-89, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.113 Subdivision Regulations Ordinance: Adoption of Franklin County Ordinance No. 89-7

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 9-14-89, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.114 Critical Shoreline District Regulation Ordinance. Franklin County Ordinance No. 89-8

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 10-29-89, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.115 Amendment to Comprehensive Plan

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 10-29-89, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.116 Amendment to Comprehensive Plan

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555 FS. History–New 11-20-89, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.117 Amendment to the Franklin County Zoning Code

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 1-30-89, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.121 Amendment to the Franklin County Zoning Code

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 10-11-90, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.122 Amendment to the Franklin County Zoning Code

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 10-11-89, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.123 Amendment to the Franklin County Zoning Code

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 2-6-91, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.124 Amendment to the Franklin County Zoning Code

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 7-21-91, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.125 Adoption of the Franklin County Local Comprehensive Plan

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555 FS. History–New 8-1-91, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.126 Amendment to the Franklin County Land Development Regulations

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555 FS. History–New 8-1-91, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.127 Amendment to the Franklin County Lane Development Regulations

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555 FS. History–New 8-1-91, Amended 1-15-92, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.128 Amendment to the Franklin County Land Development Regulations

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555 FS. History–New 12-21-92, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.129 Amendment to the Franklin County Land Development Regulations

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555 FS. History–New 12-21-92, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.130 Amendment to the Franklin County Land Development Regulations

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555 FS. History–New 12-21-92, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.131 Amendment to the Franklin County Land Development Regulations

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555 FS. History–New 12-21-92, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.132 Amendment to the Franklin County Land Development Regulations

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555 FS. History–New 1-5-93, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.201 Revision to Zoning Code

The City of Apalachicola Zoning Ordinance, adopted by the City Commission February 26, 1959, in Ordinance No. 59-1, and the City of Apalachicola Stormwater Management and Site Plan Review Ordinance, adopted by the City Council on December 6, 1984, in Ordinance No. 84-8, are hereby revised to incorporate, by reference, Ordinance adopted by the City Commission on November 13, 1986, (No. 86-3); on March 5, 1987, (No. 87-1); and on April 9, 1987, (No. 87-2), with the following modifications:

(1) Amend Section III.A.3.b.(9) by adding the following: “The Board shall not issue a variance that would in any way increase the density upon a parcel of land if not generally or provisionally permitted in the district in which the parcel is located.”

(2) Amend Section IV.E.7. by adding the following: “The boundaries of the Special Waterfront District are and shall be interpreted to be coterminous with the Federal Emergency Management Agency’s A and V flood zones adjacent to the river and bay.”

(3) Repeal Section IV.E.7.C. and adopt a new Section IV.E.7.C. to read as follows: “All development within the Special Waterfront District shall comply with Section VII, Site Plan Approval, and Section VIII, Stormwater Management Plans, of this code.”

(4) Amend Section IV.E.7., “Waterfront and Adjacent Area Special Review Requirements,” by adding the following paragraphs:

(a) The bulk storage of hazardous materials, as defined by the Federal Environmental Protection Agency (EPA) Schedule 40 CFR Part 261, Subparts C and D, is a specifically excluded use within the “Waterfront Area”. For the purposes of this section, bulk storage is defined as more than 100 kilograms (220 pounds) of EPA listed hazardous materials, and more than one kilogram (2.2 pounds) of EPA listed acutely hazardous materials. In general, every effort should be made to secure smaller amounts of these materials, as well as common, less hazardous, chemicals and substances, from release into the environment.

(b) The storage and dispensing of petroleum products within the “Waterfront District” is a permitted use under applicable Department of Environmental Protection (DEP) Rules pursuant to Chapter 17.61, F.S., and Applicable Federal regulations.

Amend Section J, “Schedule of District Regulations,” “R-1 Residential District,” by adding a new subsection 4 to the “R-1 Applicable Regulations” to read as follows:
Submerged Lands ‒

In cases where building lots are adjacent to and contiguous with the Apalachicola Bay, a setback of 20 feet from jurisdictional wetlands shall replace conflicting lot line setbacks.

Amend Section J, Schedule of District Regulations, by adding a new subsection 5 to the “Applicable Regulations” for the R-1 and R-2 Districts; a new subsection 3 to the “Applicable Regulations” for the OR and C-1 Districts; and a new subsection 4 to the “Applicable Regulations” for the C-2 District to read as follows:

When approved as a special exception, up to a maximum of three (3) residential apartment units may be allowed per existing single family structure provided that the lot upon which the structure is located has a front lot line of at least 60 feet and a depth of at least 100 feet and provided that at least one parking space per apartment unit is provided onsite; however, up to a maximum of four (4) residential apartment units may be allowed when approved as a special exception provided that the lot line of at least 90 feet and a depth of 100 feet and provided that at least one parking space per apartment unit is provided onsite.

Amend Section J. “Schedule of District Regulations,” C-2 Neighborhood Commercial by adding new numbers 3 and 4 under “Prohibited Uses and Structures” to read as follows:
Residential travel trailers.
Uses and structures not permitted as a special exception, principal use, or accessory use or structure.
Amend Section J, Schedule of District Regulations, RF, Riverfront District, by making the following changes:

a. Under uses allowed as a Special Exception, repeal no. 2, “Commercial uses compatible with district intent and other principal uses,” and adopt a new no. 2 to read as follows: “Retail establishments such as, but not limited to, gift shops, boutiques, bait shops, souvenir shops.”

b. Under uses allowed as a Special Exception add a no. 3 to read as follows: “Drinking establishments”.

c. Under “Development Standards for RF” change “Principal Uses” to “Residential Uses;” change front setback from 20 feet to zero (0); under side interior and side corner lot setbacks add “any combination of setbacks provided that added together they equal at least 15 feet and provided that no setback is less than 5 feet;” under rear setback add “10 feet from river;” under lot coverage add “80% lot coverage (maximum) with 50% previous surface (minimum).”

d. Under “Development Standards for RF,” add “Other Principal Uses” as a new use category and include the following minimum lot area – 3,500 sq. ft., width – 50 ft, depth – 70 ft; front setback – 0, side interior and side corner setback – 5 ft, rear setback – 10 ft from river; lot coverage – 80% lot coverage (maximum) 50% pervious surface (minimum); building height – 35 ft. (the minimum 5 foot interior setback on one side may be reduced to zero provided that at least a 10 foot setback is provided on the other side, the adjacent property owner agrees to build on the same interior lot property owners file deed restrictions on the subject lots to ensure that development complies with this provision. The deed restriction shall be approved by the City Attorney and may be released only upon approval by both property owners and the City Commission).

e. Under “All Development” of the “RF-Applicable Regulations” amend no. 2 to read as follows: “Stormwater Management – to ensure protection of the Apalachicola River/Bay system, all development in the RF District shall comply with the City Stormwater Management Plan and Site Plan Review, Section 7 and Section 8 of this code. Stormwater shall be directed away from the river. All structures shall be setback a minimum of 10 feet from the river and no impervious surface shall be placed within the setback.”

f. Under “All Development” of the “RF-Applicable Regulations” repeal no. 3 and replace with a new no. 3 to read as follows: “Residential development in the RF District shall be limited to a total of one unit per 25 linear feet of river frontage. Motel/hotel development shall be restricted to one unit per 10 linear feet of river frontage. Conversion or use of hotel/motel units for permanent residences is prohibited.”

g. Under “All Development” of the “RF-Applicable Regulations” amend no. 4 to read as follows: “Parking Requirements – One space per each one (1) dwelling unit shall be provided onsite. The number of parking spaces for all other principal uses and uses permitted as a special exception shall be provided in accordance with the parking requirements for those uses in other zoning districts and may be located either onsite or offsite if within 1,000 feet of the primary use.”

h. Under “All Development” of the “RF-Applicable Regulations” add a new subsection 5 to read as follows: In order to minimize stormwater contamination, all roof covering must be constructed of tin (metal) or untreated wood, or a comparable material which will not contaminate runoff from the roof. No asbestos, asphalt or other petroleum based materials shall be used.

i. Under “All Development” of the “RF-Applicable Regulations” add a new subsection 6 to read as follows: “Seafood dealers and seafood processors shall also be exempt from the 50% minimum pervious surface requirement.”

j. Under “All Development” of the “RF-Applicable Regulations” add a new subsection 7 to read as follows: “At a minimum, special exception must comply with development standards for principal uses. If deemed appropriate by the Planning and Zoning Commission in order to grant a special exception, certain more stringent standards may be imposed.”

Amend Section VII.B. “Applicability” to read as follows: “The procedures contained in this section shall be used for the approval of the site plan for any development other than the construction of one single family residence on an individual lot; however, if located within the Special Waterfront District site plan approval for a single family residence shall be required. The development. . . .”
Amend Section VII.H. “Stormwater Management” to read as follows: “a copy of the stormwater permit pursuant to Chapter 62-25, F.A.C., issued by the Florida Department of Environmental Protection shall be required prior to the issuance of a building permit. For those developments exempt from a stormwater permit pursuant to Chapter 62-25, F.A.C., a stormwater management system shall be required of all development within the Special Waterfront District.”
Repeal Section VIII.A. “Applicability” and adopt a new Section VIII.A. “Applicability” to read as follows:

a. Stormwater Management Plans.

(I) Applicability ‒

(A) Except as exempted in Rule 17-25.030, F.A.C., a stormwater discharge facilities permit from the Department of Environmental Protection (DEP) in accordance with Chapter 17-25, F.A.C., “Regulation of Stormwater Discharge,” shall be required for all new development prior to the issuance of a building permit.

(B) For those developments using the swale exemption pursuant to paragraph 17-25.030(1)(c), F.A.C., the applicant shall provide calculations and other supporting documentation as part of site plan review demonstrating that the treatment required by Chapter 17-25, F.A.C., is obtained.

(C) Development located in the Special Waterfront District and exempt from DEP permitting pursuant to Rule 17-25.030, F.A.C., shall include a stormwater management system as part of site plan review which assures that the post-development peak discharge rate, volume, and pollution load of stormwater is no greater than that which existed before development. The stormwater management system shall be designed in accordance with the following standards:

(I) Prior to and during land clearing and construction, a sediment control barrier shall be installed between the area to be cleared and wetlands or waters. In addition, flow paths of stormwater flow is toward areas to be cleared, measures shall be taken to redirect the stormwater toward vegetated land.

(II) Only those areas necessary for construction activities should be cleared. During construction, stormwater barriers shall be inspected and maintained, and building debris shall be removed from the stormwater flow path and deposited into trash receptacles.

(III) Stormwater impacts shall be minimized by using site suitable best management practices which maximize infiltration of stormwater and minimize off-site discharge. Stormwater flow paths for property as it is planned to be developed shall be determined and berms, shallow depressions, swales, landscaping, and other stormwater management practices shall be included in the plan to intercept, infiltrate, and treat stormwater before it reached wetlands or waters.

b. General Design Requirements

(I) A stormwater management system shall be provided to assure that the stormwater peak discharge rate, volume and pollutant load is no greater after development than before development.

(II) The stormwater system shall be designed in accordance with Chapter 17-25, F.A.C., except that detention with filtration systems shall not be allowed and that off-line retention systems shall be used whenever the soil conditions will allow percolation of the treatment volume within 72 hours. When soil conditions will not allow infiltration practices to be used, the stormwater system shall consist of a wet detention system with a vegetated littoral zone. To enhance the effectiveness of the wet detention system, landscape retention pretreatment practices such as the placement of storm sewer inlets in grassed areas shall be employed in combination with the detention system.

(III) To provide flood protection, the additional volume generated by the development from a 25 year frequency 6 hour duration storm event shall be controlled by a detention facility and released at a rate of discharge not to exceed the peak discharge rate from the site in its undeveloped condition. Special engineering features shall be incorporated to minimize the transport of pollutants remaining in the detention facility.

(IV) No direct connection between retention and detention facilities shall be allowed. Flow from the retention facility shall be filtered naturally by percolation through the soil.

(V) All detention facilities shall discharge design flows through structural discharge facilities. When direct discharge will degrade waters of natural streams, marshes, environmentally sensitive areas, or lands naturally receiving sheet flow, the discharge structure shall direct the flow to an intermediate spreader swale system.

(VI) All discharge structures shall be designed to trap floating debris and pollutants on site.

(VII) A 20-foot wide maintenance berm will be required around wet detention facilities and those dry facilities with slopes steeper than 4:1.

(VIII) Stormwater management systems shall be designed for ease of maintenance and operation and low maintenance costs. It is suggested that the required stormwater system be integrated into a site’s open space and landscaping and that they be used as recreational or park areas. The system should be constructed in such a manner (i.e. gentle slopes, grassed, planting, etc.) that it will be an amenity to the development.

(IX) Projects that are to be developed in phases will normally require the submission of a master plan of the applicant’s contiguous land holdings. Applications for individual project phases may be considered only when the phases and the stormwater systems are totally independent of adjacent lands.

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 11-2-87.

Fla. Admin. Code R. 28-22.202 Revision to City of Apalachicola Land Development Code

The City of Apalachicola Land Development Code as adopted by the Apalachicola City Commission on November 13, 1986, March 5, 1987, and April 9, 1987, is hereby revised to incorporate, by reference, Ordinance 88-1, as adopted by the Apalachicola City Commission on January 21, 1988, with the following modifications:

(1) Definitions.

(a) Item 10 – should read: “FIRM” instead of “firm”.

(b) Item 26 – should read: “mounds” instead of “sounds”.

(2) Section I. Permit Procedures.

(a) Delete the words “drainage facilities” and replace them with “stormwater management facilities”.

(b) Item 4 – should be reworded to “Description of the extent to which any watercourse or wetland will be altered or relocated as a result of proposed development”.

(3) Section O. Standards for Subdivision Proposals.

(a) Item 3 – delete the word “drainage” and replace it with “adequate stormwater management systems to reduce exposure to flood hazards.”

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 6-5-88.

Fla. Admin. Code R. 28-22.203 City of Apalachicola Septic Tank Ordinance: Amendment to the City of Apalachicola Ordinance No. 89-4

City of Apalachicola Ordinance No. 89-4, as adopted by the City of Apalachicola on June 6, 1989, is hereby incorporated by reference, as an ordinance to bring all septic tanks in the City of Apalachicola, Florida into compliance with all laws and rules and to provide a schedule for such compliance. Ordinance 89-4 relates to the establishment of standards of the Apalachicola Bay Protection Act in order to protect the health, safety, and welfare of the people and the water quality of the Apalachicola Bay in the Apalachicola Bay ACSC. The Department of Health and Rehabilitative Services’ Franklin County Public Health Unit has identified those onsite sewage disposal systems that do not comply with Chapter 64E-6, F.A.C., or other applicable regulations.

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 10-25-89.

Fla. Admin. Code R. 28-22.204 City of Apalachicola Subdivision Regulations Ordinance

Adoption of the City of Apalachicola’s Ordinance 89-5, as adopted by the City of Apalachicola on June 6, 1989, is hereby incorporated by reference, as an ordinance establishing Subdivision Regulations in the City of Apalachicola, Florida. Ordinance 89-5 relates to the establishment of standards for subdivisions and subdivision road and street development and improvements; prescribing standards of improvements to be provided by the developer; establishing standards for the efficient, adequate and economic supply of public facilities; establishing criteria for prevention of traffic hazards; establishing procedures for preliminary and final approval of plats; establishing provisions for modification and exceptions to subdivisions; establishing prohibition and penalties for violation of the ordinance; providing for repealer and severability; and providing for an effective date.

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 10-29-89.

Fla. Admin. Code R. 28-22.205 Adoption of the Revised City of Apalachicola Comprehensive Plan

As adopted by the Apalachicola City Commission on June 20, 1990, and amended by the Administration Commission on February 28, 1991, Ordinance No. 90-1 amends, revises, and replaces the comprehensive plan of the City of Apalachicola, with the following modifications:

Page 10 of Ordinance 90-1 is amended as follows: This ordinance shall take effect immediately upon adoption by the City Commission for the City of Apalachicola, and as modified by the Administration Commission on February 28, 1991.
Amend the City of Apalachicola Comprehensive Plan as follows:

a. Conservation Element Policy 2.2: By 1991, the City shall adopt and implement a comprehensive stormwater management ordinance which provides for: (1) buffer zones between the Apalachicola Bay/River and upland development so that stormwater discharge is diverted away from surface waters; (2) post-development runoff rates, volumes and pollutant loads do not exceed pre-development conditions.

b. Conservation Element Policy 8.3: City land development regulations shall prohibit the development and disturbance of the nesting areas of endangered species, threatened species, and species of special concern, including the nesting areas of turtles.

c. Conservation Element Policy 8.5: The city shall prohibit the use of habitat destroying vertical seawalls without rip rap reinforcement along natural water body shorelines. The City will encourage the removal of existing seawalls when the opportunity presents itself. Restoration will be accomplished by replacing existing, deteriorating seawalls with sloped shorelines or rip rap which will be vegetated where technically feasible. When properly done, such vegetated areas will recreate habitat and also provide greater storm protection to upland areas.

d. Conservation Element Policy 8.8: The City shall protect manatees by imposing speed limits, within the City’s jurisdiction, on boats in areas frequented by manatees and by posting signs indicating the presence of manatees.

e. Coastal Element Policy 2.5: The City shall prohibit the use of habitat destroying vertical seawalls without rip rap reinforcement along natural water body shorelines. The City will encourage the removal of existing seawalls when the opportunity presents itself. Restoration will be accomplished by replacing existing, deteriorating seawalls with sloped shorelines or rip rap which will be vegetated where technically feasible. When properly done, such vegetated areas will recreate habitat and also provide greater storm protection to upland areas.

f. Coastal Element Policy 3.1: The City will continue to implement the Septic Tank Abatement Program, Ordinance 89-4, which is designed to correct any onsite sewage disposal systems that might endanger the Apalachicola Bay.

g. Coastal Element Policy 8.5: New sanitary sewer facilities in the hurricane vulnerability zone shall be flood proofed, and raw sewage shall not leak from sanitary sewer facilities during flood events.

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 3-27-91.

Fla. Admin. Code R. 28-22.206 Amendment to the City of Apalachicola Land Development Regulations

As adopted by the Apalachicola City Commission on July 2, 1991 and amended by the Administration Commission on March 3, 1992, Ordinance 91-3, known as the Apalachicola Well Field Protection Ordinance, is hereby incorporated by reference.

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555 FS. History–New 3-24-92.

Fla. Admin. Code R. 28-22.207 Amendment to the City of Apalachicola Land Development Regulations

As adopted by the Apalachicola City Commission on December 3, 1991 and approved by the Administration Commission on September 15, 1992, Ordinance 91-7, known as the Amended Land Development Code of the City of Apalachicola, is hereby incorporated by reference.

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555 FS. History–New 10-8-92.

Fla. Admin. Code R. 28-22.208 Amendment to the City of Apalachicola Land Subdivision Ordinance

As adopted by the Apalachicola City Commission on December 3, 1991 and approved by the Administration Commission on September 15, 1992, Ordinance 91-8, Amended Subdivision Ordinance of the City of Apalachicola, is hereby incorporated by reference.

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555 FS. History–New 10-8-92.

Fla. Admin. Code R. 28-22.209 Amendment to the City of Apalachicola Land Development Regulations Regarding Concurrency Management

As adopted by the Apalachicola City Commission on July 7, 1992 and amended by the Administration Commission on November 4, 1992, Ordinance 92-6, the Concurrency Management Ordinance of the City of Apalachicola, is hereby incorporated by reference.

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555 FS. History–New 7-8-93.

Fla. Admin. Code R. 28-22.210 Amendment to Revised Zoning Code

As adopted by the Apalachicola City Commission on August 2, 2005 and approved by the Administration Commission, Ordinance 2005-05, amending “Section J-Schedule of District Regulations, C-1 General Commercial District,” is hereby incorporated by reference. As adopted by the Apalachicola City Commission on February 7, 2006 and approved by the Administration Commission, Ordinance 2006-01, amending “Section J – Schedule of District Regulations, C-4 Commercial District,” is hereby incorporated by reference.

History

Rulemaking Authority 380.0555(9) FS. Law Implemented 380.0555(7), (9) FS. History–New 1-25-07.

Fla. Admin. Code R. 28-22.211 Amendment to the City of Apalachicola Land Development Regulations

As adopted by the Apalachicola City Commission on September 27, 2005, and approved by the Administration Commission, Ordinance 2005-08, known as the Transient Lodging Ordinance of the City of Apalachicola, is hereby incorporated by reference.

History

Rulemaking Authority 380.0555(9) FS. Law Implemented 380.0555(7), (9) FS. History–New 1-25-07.

Fla. Admin. Code R. 28-22.212 City of Apalachicola Planning Pause Ordinance

Adoption of the City of Apalachicola’s Ordinance 2005-09, as adopted by the City of Apalachicola on September 27, 2005, and amended by the City of Apalachicola’s Ordinance 2006-02, as adopted by the City of Apalachicola on February 7, 2006, and approved by the Administration Commission, is hereby incorporated by reference, as an ordinance establishing a planning pause in the City of Apalachicola, Florida. Ordinances 2005-09 and 2006-02 relate to the establishment of a prohibition on the acceptance of development permit applications for new hotels/motels, townhouses, multifamily residential and/or condominiums; establishing duration and requirements for termination and extension; establishing exemptions; providing for severability; and providing an effective date.

History

Rulemaking Authority 380.0555(9) FS. Law Implemented 380.0555(7), (9) FS. History–New 1-25-07.

Fla. Admin. Code R. 28-22.301 Adoption of City of Carrabelle Ordinance No. 203

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 6-21-88, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.302 To Adopt City of Carrabelle Resolution 2-88 and Ordinances 207, 208

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 7-21-88, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.303 Subdivision Regulations Ordinance: Adoption of the City of Carrabelle’s Ordinance No. 211

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 9-14-89, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.304 Adoption of City of Carrabelle’s Zoning Ordinance

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 1-1-90, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.305 Adoption of City of Carrabelle Septic Tank Ordinance

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 12-17-89, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.307 Adoption of 1988 State Minimum Building Code With 1989 and 1990 Amendments as the City of Carrabelle Bulding Code

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 5-19-91, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.308 Amendment to the City of Carrabelle Zoning Code

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555(10) FS. History–New 7-21-91, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.309 City of Carrabelle Comprehensive Plan

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555 FS. History–New 2-16-93, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.310 Amendments to the City of Carrabelle Land Development Regulations

History

Rulemaking Authority 380.0555(10) FS. Law Implemented 380.0555 FS. History–New 2-16-93, Repealed 4-16-00.

Fla. Admin. Code R. 28-22.400 Partial Removal of Lands Designated within the Apalachicola Bay Area of Critical State Concern (ACSC)

Pursuant to Section 380.0555(4), F.S. (1993), the Administration Commission hereby determines that the City of Carrabelle’s and Franklin County’s local land development regulations and local comprehensive plans, and the administration of such regulations and plans, are adequate to protect the Apalachicola Bay Area, continue to carry out the legislative intent set forth in Section 380.0555(2), F.S., and are in compliance with the principles for guiding development set forth in Section 380.0555(7), F.S. Accordingly, the City of Carrabelle and other lands within Franklin County as described in Section 380.0555(3), F.S., with the exception of the City of Apalachicola, are hereby removed from the area of critical state concern designation, subject to the following conditions: 1) the Apalachicola Bay Area Resource Planning and Management Committee shall remain in place, and shall meet at least quarterly to monitor the administration of the comprehensive plans and land development regulations by Franklin County and the City of Carrabelle; 2) for one year following the effective date of this rule, Franklin County and the City of Carrabelle shall continue to render within five days after issuance all development orders and building permits to the Department of Commerce (Department) for review; 3) the Department shall continue to review development orders and building permits, conduct on-site inspections, and prepare semi-annual status reports to the Administration Commission to ensure continued compliance by Franklin County and the City of Carrabelle with the approved comprehensive plans and land development regulations; and 4) at the end of the one year monitoring period, The Department shall prepare a final report to the Administration Commission with a recommendation as to whether any further action by the Commission is necessary.

The City of Apalachicola will remain designated as the Apalachicola Bay ACSC for at least two years from the effective date of this rule, subject to the following conditions: 1) the City of Apalachicola must complete a wastewater treatment plant design and submit it to the Department of Environmental Protection (DEP) for approval; 2) the City of Apalachicola must submit a construction permit application for approval to DEP to upgrade and/or eliminate the existing discharge from the City’s wastewater treatment plant; 3) the City of Apalachicola must submit an application for a wastewater treatment system operations permit to DEP for approval; and, 4) the City of Apalachicola must develop and adopt a rate structure that is sufficient to cover operation, maintenance, and replacement costs of the wastewater treatment system. The rate structure should be calculated in a manner comparable to the user charge system required by the State revolving loan program. In addition, the Department of Commerce must submit semi-annual reports to the Administration Commission on the City’s status of accomplishing the above tasks. The Department will continue to receive and review development permits issued by the City of Apalachicola and will continue to submit land development regulations and comprehensive plan amendments to the Administration Commission for approval by rule with respect to the City of Apalachicola, and the Resource Planning and Management Committee shall continue to carry out all of its responsibilities pursuant to Section 380.0555(7), F.S.

History

Rulemaking Authority 380.0555(4) FS. Law Implemented 380.0555, 380.0555(7), (12) FS. History–New 9-13-93.

Fla. Admin. Code R. 28-22.401 Dedesignation of Portions of the Apalachicola Bay Area of Critical State Concern (ACSC)

The City of Carrabelle and the unincorporated lands within Franklin County, as set forth in Section 380.0555(3), F.S., have successfully completed the one year monitoring program, required by Rule 28-22.400, F.A.C. The Administration Commission therefore dedesignates the City of Carrabelle and the unincorporated portions of Franklin County, and the City of Apalachicola remains designated as the Apalachicola Bay Area of Critical State Concern.

History

Rulemaking Authority 380.0555(4) FS. Law Implemented 380.0555, 380.0555(8), (12) FS. History–New 12-11-94.

Fla. Admin. Code R. 28-22.402 Amendment to City of Apalachicola Land Development Regulations Regarding Flood Plain Management

The Administration Commission approves Ordinance No. 2013-02 adopted by the City of Apalachicola on August 6, 2013, which Ordinance is incorporated hereby by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03415 and http://www.flrules.org/Gateway/reference.asp?No=Ref-03416 or by contacting the Clerk of the Administration Commission, Office of the Governor, Room 1802, The Capitol, Tallahassee, FL 32399-0001, telephone (850)717-9513. The Ordinance repeals Ordinance No. 2006-03 regarding flood plain management, adopts new, updated flood plain management regulations and new flood hazard maps, designates a floodplain administrator, adopts procedures and criteria for development in flood hazard areas, and adopts local administrative amendments to the Florida Building Code.

History

Rulemaking Authority 380.0555(9) FS. Law Implemented 380.0555(7), (9) FS. History–New 1-15-14.

Chapter 28-24 LAND PLANNING - PART II DEVELOPMENTS PRESUMED TO BE OF REGIONAL IMPACT

Fla. Admin. Code R. 28-24.001 Airports

The following development shall be presumed to be a development of regional impact and subject to the requirements of Chapter 380, F.S.:

The proposed construction of any airport development project as defined in the Federal Airport and Airway Development Act of 1970, Title 49 United States Code, Section 1701 et seq., involving the location of a new airport, a new runway or a runway extension.

History

Rulemaking Authority 14.202 FS. Law Implemented 380.06 FS. History–New 7-1-73, Formerly 22F-2.01, 27F-2.01, 27F-2.001.

Fla. Admin. Code R. 28-24.002 Attractions and Recreation Facilities

The following developments shall be presumed to be developments of regional impact and subject to the requirements of Chapter 380, F.S.:

(1) Any sports, entertainment, amusement or recreation facility, including, but not limited to, sports arenas, stadiums, race tracks, tourist attractions and amusement parks, the proposed construction or expansion of which:

(a) For single performance facilities:

Provides parking spaces for more than two thousand five hundred (2,500) cars; or
Provides more than ten thousand (10,000) permanent seats for spectators; or

(b) For serial performance facilities:

Provides parking spaces for more than one thousand (1,000) cars; or
Provides more than four thousand (4,000) permanent seats for spectators.

For purposes of this subsection “serial performance facilities” shall mean those using their parking areas or permanent seating more than one time per day on a regular or continuous basis.

(2) The proposed construction of any facility authorized under state law to conduct pari-mutual wagering activities or the proposed expansion of such a facility, which would result in more than a ten percent (10%) increase in parking spaces or permanent seats for spectators.

History

Rulemaking Authority 14.202 FS. Law Implemented 380.06 FS. History–New 7-1-73, Formerly 22F-2.02, 27F-2.02, 27F-2.002.

Fla. Admin. Code R. 28-24.003 Electrical Generating Facilities and Transmission Lines

History

Rulemaking Authority 14.202 FS. Law Implemented 380.06 FS. History–New 7-1-73, Formerly 22F-2.03, 27F-2.03, 27F-2.003, Repealed 1-5-16.

Fla. Admin. Code R. 28-24.004 Hospitals

History

Rulemaking Authority 14.202 FS. Law Implemented 380.06 FS. History–New 7-1-73, Formerly 22F-2.04, 27F-2.04, 27F-2.004, Repealed 1-5-16.

Fla. Admin. Code R. 28-24.005 Industrial Plants and Industrial Parks

History

Rulemaking Authority 14.202 FS. Law Implemented 380.06 FS. History–New 7-1-73, Formerly 22F-2.05, 27F-2.05, 27F-2.005, Repealed 1-5-16.

Fla. Admin. Code R. 28-24.006 Mining Operations

History

Rulemaking Authority 14.202 FS. Law Implemented 380.06 FS. History–New 7-1-73, Formerly 22F-2.06, 27F-2.06, 27F-2.006, Repealed 1-5-16.

Fla. Admin. Code R. 28-24.007 Office Parks

The following development shall be presumed to be a development of regional impact and subject to the requirements of Chapter 380, F.S.:

Any proposed office park operated under one common property ownership or management, that:

(1) Occupies more than thirty (30) acres of land; or

(2) Encompasses more than three hundred thousand (300,000) square feet of gross floor area.

History

Rulemaking Authority 14.202 FS. Law Implemented 380.06 FS. History–New 7-1-73, Formerly 22F-2.07, 27F-2.07, 27F-2.007.

Fla. Admin. Code R. 28-24.008 Petroleum Storage Facilities

History

Rulemaking Authority 14.202 FS. Law Implemented 380.06 FS. History–New 7-1-73, Formerly 22F-2.08, 27F-2.08, 27F-2.008, Repealed 1-5-16.

Fla. Admin. Code R. 28-24.009 Port Facilities

History

Rulemaking Authority 14.202 FS. Law Implemented 380.06 FS. History–New 7-1-73, Formerly 22F-2.09, 27F-2.09, 27F-2.009, Repealed 1-5-16.

Fla. Admin. Code R. 28-24.010 Residential Developments

(1) The following developments shall be presumed to be developments of regional impact and subject to the requirements of Chapter 380, F.S.:

Any proposed residential development that is planned to create or accommodate more than the following number of dwelling units:

(a) In counties with a population of less than 25,000 – 250 dwelling units.

(b) In counties with a population between 25,000 and 50,000 – 500 dwelling units.

(d) In counties with a population between 100,001 and 250,000 – 1,000 dwelling units.

(e) In counties with a population between 250,001 and 500,000 – 2,000 dwelling units.

(f) In counties with a population in excess of 500,000 – 3,000 dwelling units.

Provided, however, that any residential development located within two (2) miles of a county line shall be treated as if it were located in the less populous county.

(2) As used in this section, the term “residential development” shall include, but not be limited to:

(a) The subdivision of any land attributable to common ownership into lots, parcels, units or interests, or

(b) Land or dwelling units which are part of a common plan of rental, advertising, or sale, or

(d) The establishment of mobile home parks.

(3) As used in this section, the term “dwelling unit” shall mean a single room or unified combination of rooms, regardless of form of ownership, that is designed for residential use by a single family. This definition shall include, but not be limited to, condominium units, individual apartments and individual houses.

(4) For the purpose of this section, the population of the county shall be the most recent estimate for that county, at the time of the application for a development permit. The most recent estimate shall be that determined by the Executive Office of the Governor pursuant to Section 23.019, F.S.

History

Rulemaking Authority 14.202 FS. Law Implemented 380.06 FS. History–New 7-1-73, Formerly 22F-2.10, 27F-2.10, 27F-2.010.

Fla. Admin. Code R. 28-24.011 Schools

(1) The following development shall be presumed to be a development of regional impact and subject to the requirements of Chapter 380, F.S.:

The proposed construction of any public, private or proprietary post-secondary educational campus which provides for a design population of more than three thousand (3,000) full-time equivalent students, or the proposed physical expansion of any public, private or proprietary post-secondary educational campus having such a design population, by at least twenty percent (20%) of the design population.

(2) As used in this section, the term “full-time equivalent student” shall mean enrollment for fifteen (15) quarter hours during a single academic semester. In area vocational schools or other institutions which do not employ semester hours or quarter hours in accounting for student participation, enrollment for eighteen (18) contact hours shall be considered equivalent to one (1) quarter hour and enrollment for twenty-seven (27) contact hours shall be considered equivalent to one (1) semester hour.

History

Rulemaking Authority 14.202 FS. Law Implemented 380.06 FS. History–New 7-1-73, Formerly 22F-2.11, 27F-2.11, 27F-2.011.

Fla. Admin. Code R. 28-24.012 Shopping Centers

The following development shall be presumed to be a development of regional impact and subject to the requirements of Chapter 380, F.S.:

Any proposed retail or wholesale business establishment or group of establishments operated under one common property ownership or management, such as a shopping center or trade center, that:

(1) Occupies more than forty (40) acres of land; or

(2) Encompasses more than four hundred thousand (400,000) square feet of gross floor area; or

(3) Provides parking spaces for more than two thousand five hundred (2,500) cars.

History

Rulemaking Authority 14.202 FS. Law Implemented 380.06 FS. History–New 7-1-73, Formerly 22F-2.12, 27F-2.12, 27F-2.012.

Fla. Admin. Code R. 28-24.013 Application of Presumptive Thresholds

The guidelines and standards in Rules 28-24.001 through 28-24.012, F.A.C., shall apply to developers who received authorization to commence development from the local government prior to October 1, 1985.

History

Rulemaking Authority 14.202 FS. Law Implemented 380.06 FS. History–New 12-31-85, Formerly 27F-2.013.

Fla. Admin. Code R. 28-24.014 Application of Banded Thresholds

(1) The guidelines and standards in Rules 28-24.015-.017, 28-24.019-.021, 28-24.023-.024 and 28-24.026-.027, F.A.C., for developments required to undergo development-of-regional-impact review shall apply to developers who receive authorization to commence development from the local government on or after October 1, 1985.

(2) The guidelines and standards in Rules 28-24.018, 28-24.022, 28-24.025 and 28-24.028, F.A.C., for developments required to undergo development-of-regional-impact review shall apply to developers who received authorization to commence development for these uses from the local government on or after October 1, 1985 through June 30, 1988.

(3) The guidelines and standards in Rule 28-24.0281, F.A.C., for developments required to undergo development-of-regional-impact review shall apply to developers who receive authorization to commence development for this use from the local government on or after July 1, 1986 through June 30, 1993.

(4) The guidelines and standards in Rules 28-24.029, 28-24.031 and 28-24.032, F.A.C., for developments required to undergo development-of-regional-impact review shall apply to developers who receive authorization to commence development for these uses from the local government on or after July 1, 1988.

(5) Pursuant to the requirements of Section 369.307, F.S., the numerical thresholds for the types of development listed under the guidelines and standards in Rule 28-24.013, and subsections (1), (2), (3), (4), (6), (7), (8) and (9) in Rule 28-24.014, F.A.C., shall be reduced by 50 percent when applied to proposed developments entirely or partially located within the Wekiva River Protection Area where the developer received authorization to commence development from the local government on or after June 17, 1988.

(6) The guidelines and standards in Rule 28-24.030, F.A.C., for developments required to undergo development-of-regional-impact review shall apply to developers who receive authorization to commence development for this use from the local government on or after July 1, 1988 until July 5, 1989.

(7) The guidelines and standards in Rule 28-24.033, F.A.C., for developments required to undergo development-of-regional-impact review shall apply to developers who receive authorization to commence development for this use from the local government on July 6, 1989.

(8) The guidelines and standards in Rule 28-24.034, F.A.C., for developments required to undergo development-of-regional-impact review shall apply to developers who receive authorization to commence development for this use from the local government on or after July 7, 1989 until June 30, 1993.

(9) The guidelines and standards in Rules 28-24.035 and 28-24.036, F.A.C., for developments required to undergo development-of-regional-impact review shall apply to developers who receive authorization to commence development for these uses from the local government on or after July 1, 1993.

(10)(a) Pursuant to Chapter 93-206, Laws of Florida, the following guidelines and standards shall apply to developments located within urban central business districts and regional activity centers for jurisdictions whose local comprehensive plan is in compliance with Part II of Chapter 163, F.S. These guidelines and standards apply to developments where the developer received authorization to commence development from the local government on or after the date on which a local government comprehensive plan amendment or ordinance as indicated below becomes effective after the date of adoption of this rule. This amendment shall specifically delineate the boundaries of an urban central business district or a regional activity center encompassing the development area and indicate that these boundaries shall be utilized for increased development-of-regional-impact guidelines and standards, consistent with the criteria of this rule. In order to expedite the use of these guidelines and standards, a local government may submit to the state land planning agency, a proposed ordinance specifically delineating the boundaries of an urban central business district or a regional activity center encompassing the development, consistent with the criteria of this rule. Within thirty (30) days of receipt of the proposed ordinance, the state land planning agency shall determine whether or not the proposed ordinance is consistent with the criteria of this rule. If the proposed ordinance is determined by the state land planning agency to be consistent with the criteria of this rule, then the guidelines and standards for developments within the designated urban central business district or regional activity center shall take effect upon adoption of the ordinance by the local government. The local government shall subsequently adopt the ordinance designation by an amendment to the local government comprehensive plan at the next opportunity for amendment. The following guidelines and standards shall apply to developments within designated urban central business districts and regional activity centers:

For residential, hotel, motel, office, or retail developments, the applicable guidelines and standards shall increase by 50 percent.
The applicable multi-use guidelines and standards shall increase by 100 percent, provided that one land use of the multi-use development is residential and the residential development amounts to not less than 35 percent of the jurisdiction’s applicable residential threshold.
For a resort or convention hotel development, the applicable hotel guidelines and standards shall increase by 150 percent, when the proposed development is located in a county with a population greater than 500,000, and the local government specifically designates that the proposed resort or convention hotel development will serve an existing convention center of more than 250,000 gross square feet built prior to July 1, 1992.

(b) If any portion of a proposed development is located outside the delineated urban central business district or regional activity center boundary, then the increased guidelines and standards of subsection 28-24.014(10), F.A.C., shall not apply.

(c) The following definitions are provided to clarify terms used in subsection 28-24.014(10), F.A.C., and are not intended to establish or limit the regulatory authority of other agencies or programs.

“Urban Central Business District” means the single urban core area of a municipality with a population of 25,000 or greater, which is located within an urbanized area as identified by the 1990 Census (1990 U.S. Department of Commerce, Bureau of Census publication, Census of Population and Housing Unit Counts (1990 CPH-2) maps, Report No. 11 for the State of Florida). The designated area shall be consistent with the local government comprehensive plan and future land use map intensities, shall contain mass transit service as defined in Chapter 9J-5, F.A.C., and shall contain high intensity, high density multi-use development which may include any of the following: retail; office, including professional and governmental offices; cultural, recreational, and entertainment facilities; high density residential; hotels and motels; or appropriate industrial activities.
“Regional Activity Center” means a compact, high intensity, high density multi-use area designated as appropriate for intensive growth by the local government of jurisdiction and may include: retail; office; cultural, recreational and entertainment facilities; hotels and motels; or appropriate industrial activities. The designated area shall be consistent with the local government comprehensive plan and future land use map intensities; shall routinely provide service to, or be regularly used by, a significant number of citizens of more than one county; contain adequate existing public facilities as defined in Chapter 9J-5, F.A.C., or committed public facilities, as identified in the capital improvements element of the local government comprehensive plan; and shall be proximate and accessible to interstate or major arterial roadways.

(d) The guidelines and standards of subsection 28-24.014(10), F.A.C., shall not apply to urban central business district and regional activity centers designated in a local government comprehensive plan prior to the effective date of this rule. Such prior designated areas may propose to utilize the criteria of this rule by following the procedures of paragraph 28-24.014(10)(a), F.A.C. above.

(11) The banded numerical guidelines and standards in Rules 28-24.015-.036, F.A.C., shall be applied as follows:

(a) A development that is at or below 80 percent of all numerical thresholds shall not be required to undergo development-of-regional-impact review.

(b) A development that is between 80 and 100 percent of a numerical threshold shall be presumed to not require development-of-regional-impact review.

(c) A development that is at 100 percent or between 100 and 120 percent of a numerical threshold shall be presumed to require development-of-regional-impact review.

(d) A development that is at or above 120 percent of any numerical threshold shall be required to undergo development-of-regional-impact review.

(12) The following chart is intended to illustrate the eighty, one hundred and one hundred twenty percentages of each numerical threshold. In the event of a conflict between the chart and the written thresholds, the written thresholds shall control.

Development

Threshold Percentage

Type/Threshold Unit

80%

100%

120%

(a) Expansion Runway/Terminal

20%

25%

30%

(Rule 28-24.015, F.A.C.)

(b) Attraction/Recreation

(Rule 28-24.016, F.A.C.)

Single Performance

a. Parking Spaces

2,000

2,500

3,000

b. Seats

8,000

10,000

12,000

Serial Performance

a. Parking Spaces

800

1,000

1,200

b. Seats

3,200

4,000

4,800

480

600

720

(d) Industrial (Rule 28-24.018, F.A.C.)

Parking Spaces

2,000

2,500

3,000

Acres

256

320

384

(e) Mining (Rule 28-24.019, F.A.C.)

Acres

100

120

Gallons

2.4M

3.0M

3.6M

(f) Office (Rule 28-24.020, F.A.C.)

Gross Square Feet

240,000

300,000

360,000

Acres

Gross Square Feet*

480,000

600,000

720,000

(g) Petroleum Storage (Rule 28-24.021, F.A.C.)

Barrels – within 1000 ft. of navigable water

40,000

50,000

60,000

Barrel – all others

160,000

200,000

240,000

(h) Ports (Marinas) (Rule 28-24.022, F.A.C.)

Wet Storage or Mooring of Watercraft

100

120

Dry Storage of Watercraft

120

150

180

Wet/Dry Storage or Mooring of Watercraft**

240

300

360

Dry Storage of Watercraft in a Marina Constructed and in Operation prior to

July 1, 1985

240

300

360

(i) Residential – dwelling units (Rule 28-24.023, F.A.C.)

25,000 population or less

200

250

300

25,001-50,000 population

400

500

600

50,001-100,000 population

600

750

900

100,001-250,000 population

800

1,000

1,200

250,001-500,000 population

1,600

2,000

2,400

500,001 population or more

2,400

3,000

3,600

(j) Schools (Rule 28-24.024, F.A.C.)

Full Time Equivalent Students

2,400

3,000

3,600

Expansion in design population – percentage

16%

20%

24%

(k) Retail (Rule 28-24.025, F.A.C.)

Gross Square Feet

320,000

400,000

480,000

Acres

Parking Spaces

2,000

2,500

3,000

(l) Hotel/Motel (Rule 28-24.026, F.A.C.)

Rooms

280

350

420

Rooms*

600

750

900

(m) Recreational Vehicle – Spaces (Rule 28-24.027, F.A.C.)

400

500

600

(n) Multi-Use – Percentage (Rule 28-24.028, F.A.C.)

104

130

156

(o) Airports Expansion Runway/Terminal (Rule 28-24.0281, F.A.C.)

(p) Industrial Plants, Industrial Parks and Distribution,

Warehousing or Wholesaling Facilities (Rule 28-24.029, F.A.C.)

Parking spaces

2,000

2,500

3,000

Acres

256

320

384

(q) Port Facilities (Rule 28-24.030, F.A.C.)

Wet Storage or Mooring of Watercraft

120

150

180

Dry Storage of Watercraft

160

200

240

Wet or Dry Storage or Mooring of Watercraft in areas designated by Governor and Cabinet**

240

300

360

Dry Storage of Watercraft in a Marina Constructed and in Operation prior to

July 1, 1985

240

300

360

Mixture of Wet and Dry Mooring or Storage of Watercraft – Percentage

100

120

(r) Retail and Service Development (Rule 28-24.031, F.A.C.)

Gross Square Footage

320,000

400,000

480,000

Acres

Parking spaces

2,000

2,500

3,000

(s) Multi-Use Developments (Rule 28-24.032, F.A.C.)

Two or more land uses

116

145

174

Three or more land uses, one of which is residential with at least 100 dwelling

units or 15 percent of the applicable residential threshold, whichever is greater

128

160

192

(t) Port Facilities (Rule 28-24.033, F.A.C.)

Wet Storage or Mooring of Watercraft

120

150

180

Dry Storage of Watercraft

160

200

240

Wet or Dry Storage or Mooring of Watercraft with all necessary approvals

pursuant to Chapters 253, 373, and 403, F.S., and located outside Outstanding

Florida Waters and Class II waters

320

400

480

Dry Storage of Watercraft in a Marina Constructed and in Operation prior to

July 1, 1985

240

300

360

Mixture of Wet and Dry Mooring or Storage of Watercraft – Percentage

100

120

(u) Port Facilities (Rule 28-24.034, F.A.C.)

Wet Storage or Mooring of Watercraft

120

150

180

Dry Storage of Watercraft

160

200

240

Wet or Dry Storage or Mooring of Watercraft with all necessary approvals

pursuant to Chapters 253, 373, and 403, F.S., and located outside Outstanding

Florida Waters and Class II waters

320

400

480

Dry Storage of Watercraft in a Marina Constructed and in Operation prior to

240

300

360

July 1, 1985

Mixture of Wet and Dry Mooring or Storage of Watercraft – Percentage

100

120

(v) Airports (Rule 28-24.035, F.A.C.)

Expansion Runway/Terminal ***

Percentages
Gross Square Footage

40,000

50,000

60,000

(w) Port Facilities (Rule 28-24.036, F.A.C.)

Wet Storage or Mooring of Watercraft

120

150

180

Dry Storage of Watercraft

160

200

240

Wet or Dry Storage or Mooring of Watercraft with all necessary approvals

320

400

480

pursuant to Chapters 253, 373, and 403, F.S., and located outside

Outstanding Florida Waters and Class II waters

Dry Storage of Watercraft in a Marina Constructed and in Operation prior to

240

300

360

July 1, 1985

Mixture of Wet and Dry Mooring or Storage of Watercraft – Percentage

100

120

Wet or Dry Storage or Mooring of Watercraft adjacent to an inland

120

150

180

freshwater lake****

Wet or Dry Storage or Mooring of Watercraft of 40 feet in length or less of

any type or purpose.*****

*In counties with population greater than 500,000, and only in geographic areas specifically designated as highly suitable for increased threshold intensity in the approved local comprehensive plan and the comprehensive regional policy plan.

**In areas designated by the Governor and Cabinet in the state marina siting plan as suitable for marina construction.

***Expansion of existing terminal facilities at a non-hub or small hub commercial service airport shall not be presumed to be a DRI.

****Except for Lake Okeechobee or any lake which has been designated an Outstanding Florida Water.

*****Exceptions to Section 380.0651(3)(e), F.S., requirements for DRI review shall not apply to any water port or marina facility located within or which serves physical development located within a coastal barrier resource unit on an unbridged barrier island designated pursuant to 16 U.S.C. 3501.

History

Rulemaking Authority 14.202 FS. Law Implemented 380.06 FS., Chapter 93-206, Laws of Florida. History–New 12-31-85, Formerly 27F-2.014, Amended 7-25-89, 1-5-94.

Fla. Admin. Code R. 28-24.015 Airports

(1) Any of the following proposed airport construction projects shall be presumed to be a development of regional impact:

(a) A new airport with paved runways.

(b) A new paved runway.

(2)(a) Subject to Section 380.06(2)(d), F.S., the proposed expansion of an existing runway or terminal facility by 25 percent or more on a commercial service airport or a general aviation airport with regularly scheduled flights shall be a development of regional impact.

(b) For the purpose of this rule, runway expansion shall include strengthening the runway when the strengthening will result in an increase in aircraft size, or the addition of jet aircraft utilizing the airport.

(3) Any airport development project which is proposed for safety, repair, or maintenance reasons alone and would not have the potential to increase or change existing types of aircraft activity shall not be presumed to be a development of regional impact.

History

Rulemaking Authority 380.0651(3)(a) FS. Law Implemented 380.06 FS. History–New 12-31-85, Formerly 27F-2.015.

Fla. Admin. Code R. 28-24.016 Attractions and Recreation Facilities

Subject to Section 380.06(2)(d), F.S., any sports, entertainment, amusement, or recreation facility, including, but not limited to, sports arenas, stadiums, race tracks, tourist attractions, amusement parks, and pari-mutual facilities, the proposed construction or expansion of which:

(1) For single performance facilities:

(a) Provides parking spaces for more than 2,500 cars; or

(b) Provides more than 10,000 permanent seats for spectators; or

(2) For serial performance facilities:

(a) Provides parking spaces for more than 1,000 cars; or

(b) Provides more than 4,000 permanent seats for spectators; shall be a development of regional impact. For purposes of this subsection, “serial performance facilities” means those using their parking areas or permanent seating more than one time per day on a regular or continuous basis.

History

Rulemaking Authority 380.0651(3)(b) FS. Law Implemented 380.06 FS. History–New 12-31-85, Formerly 27F-2.016.

Fla. Admin. Code R. 28-24.017 Hospitals

History

Rulemaking Authority 380.06(2) FS. Law Implemented 380.06, 380.0651 FS. History–New 12-31-85, Formerly 27F-2.017, Repealed 1-5-16.

Fla. Admin. Code R. 28-24.018 Industrial Plants and Industrial Parks

History

Rulemaking Authority 380.0651(3)(c) FS. Law Implemented 380.06 FS. History–New 12-31-85, Formerly 27F-2.018, Repealed 1-5-16.

Fla. Admin. Code R. 28-24.019 Mining Operations

History

Rulemaking Authority 380.06(2) FS. Law Implemented 380.06, 380.0651 FS. History–New 12-31-85, Formerly 27F-2.019, Repealed 1-5-16.

Fla. Admin. Code R. 28-24.020 Office Development

Subject to Section 380.06(2)(d), F.S., any proposed office building or park operated under common ownership, development plan, or management, that:

(1) Encompasses 300,000 or more square feet of gross floor area;

(2) Has a total site size of 30 or more acres; or

(3) Encompasses more than 600,000 square feet of gross floor area in counties with a population greater than 500,000 and only in geographic areas specifically designated as highly suitable for increased threshold intensity in the approved local comprehensive plan and in the comprehensive regional policy plan; shall be a development of regional impact.

History

Rulemaking Authority 380.0651(3)(d) FS. Law Implemented 380.06 FS. History–New 12-31-85, Formerly 27F-2.020.

Fla. Admin. Code R. 28-24.021 Petroleum Storage Facilities

History

Rulemaking Authority 380.06(2) FS. Law Implemented 380.06, 380.0651 FS. History–New 12-31-85, Formerly 27F-2.021, Repealed 1-5-16.

Fla. Admin. Code R. 28-24.022 Port Facilities

History

Rulemaking Authority 380.0651(3)(e) FS. Law Implemented 380.06 FS. History–New 12-31-85, Formerly 27F-2.022, Repealed 1-5-16.

Fla. Admin. Code R. 28-24.023 Residential Developments

(1) Subject to Section 380.06(2)(d), F.S., the following developments shall be developments of regional impact:

Any proposed residential development that is planned to create or accommodate more than the following number of dwelling units:

(a) In counties with a population of less than 25,000 – 250 dwelling units.

(b) In counties with a population between 25,000 and 50,000 – 500 dwelling units.

(d) In counties with a population between 100,001 and 250,000 – 1,000 dwelling units.

(e) In counties with a population between 250,001 and 500,000 – 2,000 dwelling units.

(f) In counties with a population in excess of 500,000 – 3,000 dwelling units.

However, any residential development twenty-five percent of which is located within two (2) miles or less of a county line shall be treated as if it were located in the less populous county.

(2) As used in this rule the term “residential development” shall include but not be limited to:

(a) The subdivision of any land attributable to common ownership into lots, parcels, units or interests, or

(b) Land or dwelling units which are part of a common plan of rental, advertising, or sale, or

(d) The establishment of mobile home parks.

(3) As used in this rule the term “dwelling unit” shall mean a single room or unified combination of rooms, regardless of form of ownership, that is designed for residential use by a single family. This definition shall include, but not be limited to, condominium units, individual apartments and individual houses.

(4) For the purpose of this rule the population of the county shall be the most recent estimate for that county, at the time of the application for a development permit. The most recent estimate shall be that determined by the Executive Office of the Governor pursuant to Section 23.019, F.S.

History

Rulemaking Authority 380.06(2) FS. Law Implemented 380.06, 380.0651 FS. History–New 12-31-85, Formerly 27F-2.023.

Fla. Admin. Code R. 28-24.024 Schools

(1) Subject to Section 380.06(2)(d), F.S., the following development shall be a development of regional impact:

(2) As used in this section, the term “full-time equivalent student” shall mean enrollment for fifteen (15) quarter hours during a single academic semester. In area vocational schools or other institutions which do not employ semester hours or quarter hours in accounting for student participation, enrollment for eighteen (18) contact hours shall be considered equivalent to one quarter hour and enrollment for twenty-seven (27) contact hours shall be considered equivalent to one semester hour.

History

Rulemaking Authority 380.06(2) FS. Law Implemented 380.06, 380.0651 FS. History–New 12-31-85, Formerly 27F-2.024.

Fla. Admin. Code R. 28-24.025 Retail, Service, and Wholesale Development

Subject to the provisions of Section 380.06(2)(d), F.S., any proposed retail, service, or wholesale business establishment or group of establishments operated under one common property ownership, development plan, or management that:

(1) Encompasses more than 400,000 square feet of gross area; or

(2) Occupies more than 40 acres of land; or

(3) Provides parking spaces for more than 2,500 cars; shall be a development of regional impact.

History

Rulemaking Authority 380.0651(3)(f) FS. Law Implemented 380.06 FS. History–New 12-31-85, Formerly 27F-2.025.

Fla. Admin. Code R. 28-24.026 Hotel or Motel Development

History

Rulemaking Authority 380.0651(3)(g) FS. Law Implemented 380.06 FS. History–New 12-31-85, Formerly 27F-2.026, Repealed 1-5-16.

Fla. Admin. Code R. 28-24.027 Recreational Vehicle Development

Subject to Section 380.06(2)(d), F.S., any proposed recreational vehicle development planned to create or accommodate 500 or more spaces shall be a development of regional impact.

History

Rulemaking Authority 380.0651(3)(h) FS. Law Implemented 380.06 FS. History–New 12-31-85, Formerly 27F-2.027.

Fla. Admin. Code R. 28-24.028 Multi-Use Development

Subject to Section 380.06(2)(d), F.S., any proposed development with two or more land uses under common ownership, development plan, advertising or management where the sum of the percentages of the appropriate thresholds identified in Rules 28-24.015-.027, F.A.C., for each land use in the development is equal to or greater than 130 percent shall be a development of regional impact. This threshold is in addition to, and does not preclude, a development from being required to undergo development-of-regional-impact review under any other threshold.

History

Rulemaking Authority 380.0651(3)(i) FS. Law Implemented 380.06 FS. History–New 12-31-85, Formerly 27F-2.028.

Fla. Admin. Code R. 28-24.0281 Airports

(1) Any of the following airport construction projects shall be presumed to be a development of regional impact:

(a) A new commercial service or general aviation airport with paved runways.

(b) A new commercial service or general aviation paved runway.

(2)(a) Expansion of an existing runway or terminal facility by 25 percent or more on a commercial service airport or a general aviation airport with regularly scheduled flights shall be presumed to be a development of regional impact.

(b) For the purpose of this section, runway expansion shall include strengthening the runway when the strengthening will result in an increase in aircraft size or the addition of jet aircraft utilizing the airport.

History

Rulemaking Authority 380.0651(3)(a) FS. Law Implemented 380.06 FS. History–New 1-5-94.

Fla. Admin. Code R. 28-24.029 Industrial Plants, Industrial Parks and Distribution, Warehousing or Wholesaling Facilities

History

Rulemaking Authority 380.0651(3)(c) FS. Law Implemented 380.06 FS. History–New 7-25-89, Repealed 1-5-16.

Fla. Admin. Code R. 28-24.030 Port Facilities

History

Rulemaking Authority 380.0651(3)(e) FS. Law Implemented 380.06 FS. History–New 7-25-89, Repealed 1-5-16.

Fla. Admin. Code R. 28-24.031 Retail and Service Development

Subject to Section 380.06(2)(d), F.S., any proposed retail, service or wholesale business establishment or group of establishments which deals primarily with the general public on-site, operated under one common property ownership, development plan, or management that:

(1) Encompasses more than 400,000 square feet of gross area;

(2) Occupies more than 40 acres of land; or

(3) Provides parking spaces for more than 2,500 cars.

History

Rulemaking Authority 380.0651(3)(f) FS. Law Implemented 380.06 FS. History–New 7-25-89.

Fla. Admin. Code R. 28-24.032 Multi-Use Development

Subject to Section 380.06(2)(d), F.S., the following development shall be a development of regional impact:

(1) Any proposed development with two or more land uses where the sum of the percentages of the appropriate thresholds identified in Rules 28-24.015-.017, 28-24.019-.021, 28-24.023-.024, 28-24.026-.027 and 28-24.029-.031, F.A.C., for each land use in the development is equal to or greater than 145 percent; or

(2) Any proposed development with three or more land uses, one of which is residential and contains 100 dwelling units or 15 percent of the applicable residential threshold, whichever is greater, where the sum of the percentages of the appropriate thresholds identified in Rules 28-24.015-.017, 28-24.019-.021, 28-24.023-.024, 28-24.026-.027 and 28-24.029-.031, F.A.C., for each land use in the development is equal to or greater than 160 percent. The thresholds listed in subsections (1) and (2) of this paragraph are in addition to, and do not preclude, a development from being required to undergo development of regional impact review under any other threshold.

History

Rulemaking Authority 380.06(2)(c), 380.0651(3) FS (Supp. 1988). Law Implemented 380.06 FS. History–New 7-25-89.

Fla. Admin. Code R. 28-24.033 Port Facilities

History

Rulemaking Authority 380.0651(3)(e) FS. Law Implemented 380.06 FS. History–New 1-5-94, Repealed 1-5-16.

Fla. Admin. Code R. 28-24.034 Port Facilities

History

Rulemaking Authority 380.0651(3)(e) FS. Law Implemented 380.06 FS. History–New 1-5-94, Repealed 1-5-16.

Fla. Admin. Code R. 28-24.035 Airports

(1) Any of the proposed airport construction projects shall be presumed to be a development of regional impact:

(a) A new commercial service or general aviation airport with paved runways.

(b) A new commercial service or general aviation paved runway.

(2)(a) Expansion of an existing runway or terminal facility by 25 percent or 50,000 square feet, whichever is greater, on a commercial service airport or general aviation airport with regularly scheduled flights shall be presumed to be a development of regional impact. However, expansion of existing terminal facilities at a non-hub or small hub commercial service airport shall not be presumed to be a development of regional impact.

History

Rulemaking Authority Section 54, Chapter 93-206, Laws of Florida. Law Implemented Chapter 93-206, Laws of Florida. History–New 1-5-94.

Fla. Admin. Code R. 28-24.036 Port Facilities

History

Rulemaking Authority Section 54, Chapter 93-206, Laws of Florida. Law Implemented Chapter 93-206, Laws of Florida. History–New 1-5-94, Repealed 1-5-16.

Chapter 28-25 LAND PLANNING - PART III BOUNDARY AND REGULATIONS FOR BIG CYPRESS AREA OF CRITICAL STATE CONCERN

Fla. Admin. Code R. 28-25.001 Boundary

All that certain lot, piece or parcel of land situated lying and being in Collier, Dade and Monroe Counties in the State of Florida being more particularly bounded and described as follows:

Beginning at a point in the Northerly right-of-way line of State Road 84 (Alligator Alley), which point is the Southwest corner of Section 36 in Township 49 South, Range 28 East and running thence

(1) Turning and running North along the West line of Sections 36, 25, 24 and 13 in Township 49 South, Range 28 East, a distance of four miles; thence

(2) Turning and running East along the Northerly line of Section 13, Township 49 South, Range 28 East and Section 18, Township 49 South, Range 29 East, a distance of two miles; thence

(3) Turning and running North along the Westerly line of Sections 8 and 5 in Township 49 South, Range 29 East, a distance of two miles; thence

(4) Turning and running East along the Northerly line of Sections 5, 4 and 3 in Township 49 South, Range 29 East, a distance of three miles; thence

(5) Turning and running North along the West line of Sections 35 and 26 in Township 48 South, Range 29 East, a distance of two miles; thence

(6) Turning and running East along the North line of Sections 26 and 25 in Township 48 South, Range 29 East and continuing East along the North line of Sections 30 and 29 in Township 48 South, Range 30 East to the point of intersection with the Easterly right-of-way line of State Road 29; thence

(7) Turning and running North along the East right-of-way line of State Road 29 to a point which point is the Northwest corner of Section 29 in Township 47 South, Range 30 East; thence

(8) Continuing North along the West line of Sections 20, 17, 8 and 5 in Township 47 South, Range 30 East, and still North along the West line of Sections 32, 29, 20, 17 and 8 in Township 46 South, Range 30 East, a distance of nine miles; thence

(9) Turning and running East along the North line of Sections 8, 9, 10, 11 and 12 in Township 46 South, Range 30 East, a distance of five miles to the Hendry County line; thence

(10) Turning and running South along the boundary line between Hendry and Collier counties which line is also the boundary line between Ranges 30 and 31 East, a distance of seventeen miles; thence

(11) Turning and running East along the Hendry and Collier County boundary line, which line is also the boundary line between Townships 48 and 49 South, Range 31 East, a distance of twenty-four miles; thence

(12) Turning and running South along the Collier and Broward Counties line to a point which point is the point of intersection of Broward, Collier and Dade Counties on boundary line between Townships 51 and 52 South, a distance of nineteen miles; thence

(13) Turning and running East along the Broward and Dade Counties boundary line, which line is also the boundary line between Townships 51 and 52 South to the point of intersection with the Westerly right-of-way line of the Central and Southern Florida Flood Control District Levee L-28; thence

(14) Turning and running South in Dade County along the Westerly right-of-way line of Levee L-28 to its point of intersection with the Southerly right-of-way line of Tamiami Trail (U.S. Route 41, State Road 90); thence

(15) Along the Southerly right-of-way line of Tamiami Trail (U.S. 41, State Road 90) in a Southeasterly direction to its point of intersection with the North right-of-way line of State Road 94; thence

(16) Turning and running West along State Road 94 to its point of intersection with the Northwest corner of Everglades National Park in Dade County which point is in the Northwest corner of Section 20 in Township 54 South, Range 35 East; thence

(17) In a Southerly, Westerly and Northerly direction along the boundary of Everglades National Park to the point which is the Western most point of the Everglades National Park adjacent to Round Key of the Ten Thousand Islands in Gullivan Bay; thence

(18) On a line in a Westerly direction one mile seaward of the most Southerly of the Ten Thousand Islands to a point, which point is the Southeastern tip of Cape Romano; in Section 15, Township 53 South, Range 26 East; thence

(19) Turning and running Northwesterly along the West shore of Morgan Beach to a point in the South side of Caxambas Pass, which point is the Northeast corner of Section 32 in Township 52 South, Range 26 East; thence

(20) In an Easterly direction across Caxambas Pass and Caxambas Bay to a point, which point is the most Southwest land portion of Horr Island and continuing Easterly and Northerly along the mean high water line of Horr Island to a point, which point is the most East Northeast land portion of Horr Island and continuing in a Northerly direction to a point in the mean high water line at Goodland on Marco Island, which point is the Southeast corner of Section 24 in Township 52 South, Range 26 East, and continuing along the mean high water line of the South and East shore of Goodland to a point, which point is the point of intersection of the South right-of-way line of State Road 92 with the East shore of Marco Island; thence

(21) In a Northeasterly direction along the South right-of-way line of State Road 92 to its point of intersection with the West line of Section 33 in Township 51 South, Range 27 East; thence

(22) Turning and running South along the West line of Section 33 in Township 51 South, Range 27 East; thence

(23) Still South along the West line of Sections 4, 9 and 16 in Township 52 South, Range 27 East, a distance of three miles; thence

(24) Turning and running East along the South line of Section 16 in Township 52 South, Range 27 East, a distance of one mile; thence

(25) Turning and running North along the East line of Section 16 in Township 52 South, Range 27 East, a distance of one mile; thence

(26) Turning and running East along the South line of Section 10 in Township 52 South, Range 27 East, a distance of one mile; thence

(27) Turning and running North along the West line of Sections 11 and 2 in Township 52 South, Range 27 East, a distance of two miles; thence

(28) Turning and running East along the boundary line between Townships 51 and 52 South which line is also the South line of Section 35, in Township 51 South, Range 27 East, a distance of one mile; thence

(29) Turning and running East along the North line of Sections 35 and 26 in Township 51 South, Range 27 East, a distance of two miles; thence

(30) Turning and running East along the North line of Section 25 in Township 51 South, Range 27 East and the North line of Sections 30, 29, 28, 27 and 26 in Township 51 South, Range 28 East, a distance of six miles; thence

(31) Turning and running North along the West line of Sections 24, 13, 12 and 1 in Township 51 South, Range 28 East and North along the West line of Sections 36, 25, 24, 13, 12 and 1 in Township 50 South, Range 28 East, a distance of ten miles to the point or place of beginning.

Specifically exempting herefrom the following described urban areas:

(a) The incorporated areas of Ochopee being more particularly bounded and described as follows:

All that certain lot, piece of parcel of ground situate lying and being in Collier County, State of Florida, consisting of Sections 27, 28, 33 and 34 in Township 52 South, Range 30 East.

(b) The incorporated areas of Everglades City situate lying and being in Collier County, State of Florida, consisting of portions of Sections 11, 14, 15 and 23 in Township 53 South, Range 29 East.

History

Rulemaking Authority 380.055(3) FS. Law Implemented 380.055 FS. History–New 11-28-73, Formerly 22F-3.01, Amended 2-3-86, Formerly 27F-3.01, 27F-3.001.

Fla. Admin. Code R. 28-25.002 Purpose

Pursuant to Section 7, Article II, of the Florida Constitution, Section 380.05, F.S. and Section 380.055, F.S., it is the purpose of these regulations to conserve and protect the natural, environmental and economic resources and the scenic beauty of the Big Cypress Area, including the proposed Federal Big Cypress National Fresh Water Reserve, the Everglades National Park, and ecologically related wetlands, estuarine fisheries, and the fresh water aquifer, and ecologically related areas. It is the further purpose of these regulations to provide a land and water management system that will preserve water quality, provide for the optimum utilization of the limited water resources of the area, facilitate orderly and well-planned development, and protect the health, welfare, safety and quality of life of the residents of the state. To effectively and equitably accomplish such purposes these regulations should be implemented by local governments through existing administrative processes and all existing rights of private property should be preserved in accordance with the constitutions of the State of Florida and the United States.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.055 FS. History–New 11-28-73, Formerly 22F-3.02, 27F-3.02, 27F-3.002.

Fla. Admin. Code R. 28-25.003 Definitions

All terms defined in Section 380.01, F.S., shall have the meanings ascribed to them by that section. In addition, as used in these regulations:

(1) “Coastal Waters” means the waters of the state where either tidal influence exists or where saline water occurs.

(2) “Development” shall have the meaning ascribed to it in Section 380.04, F.S.

(3) “Drainage Facilities” means any canal, ditch, culvert, dike or other facility which lowers the ground water table, acts as a conduit, diverts or directs the flow of water or otherwise affects the natural flow regime.

(4) “Finger Canals” means modification or construction of a lake or pond so that the square of 15% of the shoreline measured in feet, exceeds the surface area measured in square feet for the same measuring period.

(5) “Hydro-period” means that portion of the annual hydrologic cycle during which water is at or on the soil surface.

(6) “Natural Flow Regime” means the velocity, volume and direction of the surface or ground water flow occurring at any given point in the current hydro-period or any given portion of the Area of Critical State Concern.

(7) “Site Alteration, Alteration or Altered” means development including, but not limited to, removal of, or damage to, vegetation, burning, filling, ditching, dredging, draining, excavation, earth moving, water containment and changes in the natural flow regime, or the effects of such actions.

(8) “Total Site” means land which is under common ownership or is part of a common plan of development, rental, advertising or sale.

(9) “Transportation Facilities” means public and private roadways, roadbeds, waterways, aqueducts, pipelines, transmission lines, public and private airports, and facilities necessary for their maintenance and use, including, but not limited to, borrow pits and drainage works.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.055 FS. History–New 11-28-73, Formerly 22F-3.03, 27F-3.03, 27F-3.003.

Fla. Admin. Code R. 28-25.004 Agricultural Exemption

The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products, raising livestock or for other purposes directly related to all such uses are exempt from these regulations. Lands lying fallow are deemed to be used for agricultural purposes. However, whenever any person carries out any activity defined in Section 380, F.S., as development or applies for a development permit, as defined in Section 380, F.S., to develop exempted land, these regulations shall apply to such application and to such land.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.055 FS. History–New 11-28-73, Formerly 22F-3.04, 27F-3.04, 27F-3.004.

Fla. Admin. Code R. 28-25.006 Site Alteration

(1) Site alteration shall be limited to 10% of the total site size, and installation of nonpermeable surfaces shall not exceed 50% of any such area. However, a minimum of 2,500 square feet may be altered on any permitted site.

(2) Except for roads, any nonpermeable surface greater than 20,000 square feet shall provide for release of surface run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the area.

(3) Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Revegetation shall be accomplished with pre-existing species or other suitable species except that undesirable exotic species (see list below) shall not be replanted or propagated.

Australian pine – Casuarina equisetifolia

Bishopwood – Bischofia javanica

Brazilian pepper (holly) – Shinus terebinthfolius

Castor bean – Ricinus communis

Common papaya – Carica papaya

Common snakeplant – Sanseviera trifasciata

Day jessamine – Cestrum diurnum

Hunters robe – Raphidophora aurea

Melaleuca (cajeput) – Melaleuca leucadendra

Queensland umbrella tree – Schefflera actinophylla

Trailing wedelia – Wedelia trilobata

(4) No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected in this regulation include:

Red mangrove – Rhizophora mangle

Black mangrove – Avicennia nitida

White mangrove – Laguncularia racemosa

Needlerush – Juncus roemerianus

Salt cordgrasses – Spartina alterniflora, S. patens, S. cynosuroides, S. spartinae

Seashore saltgrass – Distichlis spicata

(5) Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of storm waters as sheet flow from their downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximately the natural flow regime and designed to accommodate the 50 year storm. Fill areas and related ponds shall not substantially retain or divert the total flow in or to a slough or strand or significantly impeded tidal action in any portion of the estuarine zone.

(6) Man-made lakes, ponds, or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. Whenever mineral extraction is completed in new quarrying lakes, shoreline sloping, revegetation and disposal of spoils or tailings shall be completed before abandonment. Existing quarrying lakes are exempt from this provision, except that whenever any person carries out any activity defined in Section 380.04, F.S., as development or applies for a development permit as defined in Section 380.031, F.S., to develop any existing quarrying lake area, these regulations shall apply.

(7) Finger canals shall not be constructed in the Critical Area.

(8) This rule shall not apply to site alterations undertaken in connection with the agricultural use of land or for the conversion of land to agricultural use.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.055 FS. History–New 11-28-73, Formerly 22F-3.06, 27F-3.06, 27F-3.006.

Fla. Admin. Code R. 28-25.007 Drainage

(1) Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance with subsection (2) below; however, modifications may be made to existing facilities that will raise the ground water table or limit salt water intrusion.

(2) New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on site or to a natural retention, or natural filtration and flow area. New drainage facilities shall also maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structure or systems. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slough, or estuarine area.

(3) New drainage facilities shall not discharge water to any coastal waters either directly or through existing drainage facilities.

(4) This rule shall not apply to drainage facilities modified or constructed in order to use land for agricultural purposes or to convert land to such use.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.055 FS. History–New 11-28-73, Formerly 22F-3.07, 27F-3.07, 27F-3.007.

Fla. Admin. Code R. 28-25.008 Transportation

(1) Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the re-establishment of sheet flow through the use of interceptor spreader systems or performance equivalent structures and shall provide for passage of stream, strand or slough waters through the use of bridges, culverts, piling construction or performance equivalent structures or systems. Channelization of such areas shall be the minimum length necessary to maintain reasonable flow and prevent weed blockage.

(2) Transportation facilities, constructed substantially parallel to the local surface flow, shall maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and flow areas.

(3) Transportation facility construction sites shall provide for siltation and runoff control through the use of settling ponds, soil fixing or performance equivalent structures or systems.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.055 FS. History–New 11-28-73, Formerly 22F-3.08, 27F-3.08, 27F-3.008.

Fla. Admin. Code R. 28-25.009 Structure Installation

(1) Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action.

(2) Minimum lowest floor elevation permitted for structures shall be at or above the 100 year flood level, as established by the Administrator of the Federal Flood Insurance Administration. The construction of any structure shall meet additional Federal Flood Insurance Land Management and Use Criteria (24 CFR 1910), as administered by the appropriate local agency.

(3) This rule shall not apply to structures used or intended for use in connection with the agricultural use of the land.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.055 FS. History–New 11-28-73, Formerly 22F-3.09, 27F-3.09, 27F-3.009.

Fla. Admin. Code R. 28-25.011 Variances

Variance procedures provided in local ordinances shall apply to the Area of Critical State Concern. However, in addition to the standards provided in such ordinances, no variance shall be granted for any development within the Critical Area unless such development is designed, consistent with Critical Area regulations, to have minimum adverse impact on the Area’s water storage capacity, surface water and estuarine fisheries. The applicant shall have the affirmative burden of establishing that the development will not have an adverse impact on such resources.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.055 FS. History–New 11-28-73, Formerly 22F-3.11, 27F-3.11, 27F-3.011.

Fla. Admin. Code R. 28-25.012 Appeals

Appeals from a local government’s decision on development orders in the Area of Critical State Concern shall be made to the Florida Land and Water Adjudicatory Commission by filing a notice of appeal with the Commission in accordance with Section 380.07, F.S.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.055 FS. History–New 11-28-73, Formerly 22F-3.12, 27F-3.12, 27F-3.012.

Fla. Admin. Code R. 28-25.013 Relation to Local Codes

In case of a conflict between Big Cypress Critical Area regulations and other regulations which are a proper exercise of authority of a governmental jurisdiction, the more restrictive of the provisions shall govern.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.055 FS. History–New 11-28-73, Formerly 22F-3.13, 27F-3.13, 27F-3.013.

Fla. Admin. Code R. 28-25.014 Local Plans and Code Conformity

Comprehensive plans, comprehensive plan elements, and functional plans and development codes affecting the Critical Area shall support the achievement of the Big Cypress Critical Area objectives and regulations.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.055 FS. History–New 11-28-73, Formerly 22F-3.14, 27F-3.14, 27F-3.014.

Fla. Admin. Code R. 28-25.016 Severability

If any one or more of the provisions of these regulations or the application of such provisions to any situation, circumstance or person shall for any reason be held invalid, such invalidity shall not affect any other provision of these regulations or the application of such regulations to any other situation, circumstance or person.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.055 FS. History–New 11-28-73, Formerly 22F-3.16, 27F-3.16, 27F-3.016.

Chapter 28-26 LAND PLANNING - PART V BOUNDARY AND PRINCIPLES FOR GUIDING DEVELOPMENT FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN

Fla. Admin. Code R. 28-26.001 Purpose

Pursuant to Section 7, Article II, of the Florida Constitution, and Section 380.05, F.S., it is the purpose of these rules to define the boundary of the Green Swamp Area of Critical State Concern and to provide principles for guiding development within the critical area in order to conserve and protect the natural environmental and economic resources and public facilities within the Green Swamp Critical Area and ecologically linked areas.

History

Rulemaking Authority 380.05(1) FS. Law Implemented 380.05 FS. History–New 7-25-74, Formerly 22F-5.01, 27F-5.01, 27F-5.001.

Fla. Admin. Code R. 28-26.002 Boundary

The following area is hereby designated as the Green Swamp Area of Critical State Concern:

All that certain lot, piece or parcel of land situated, lying and being in Lake and Polk Counties in the State of Florida being more particularly bounded and described as follows:

Beginning at a point in Polk County in Section 12, Township 27 South, Range 23 East, which point is the point of intersection of the south boundary line of the northernmost quarter-section of said Section 12 and the east, right-of-way line of United States Route 98 (State Road 700), and running thence:

(1) In a northerly direction along the easterly right-of-way line of United States Route 98, a distance of approximately 7.65 miles, to the point of intersection of United States Route 98 with the west boundary line of Section 16 in Township 26 South, Range 23 East; thence

(2) North along the west boundary of Sections 16, 9 and 4 in Township 26 South, Range 23 East a distance of 2.75 miles more or less; thence

(3) North along the west boundary of Sections 33, 28, 21, 16 and 9 in Township 25 South, Range 23 East to a point in the thread of the Withlacoochee River, which point is the boundary between Polk County and Sumter County, a distance of 4.5 miles more or less; thence

(4) In an easterly direction along the thread of the Withlacoochee River to a point, which point is the point of intersection of the thread of the Withlacoochee River and the north boundary line of Section 18, Township 25 South, Range 24 East; thence

(5) East along the north boundary line of Sections 18, 17 and 16 in Township 25 South, Range 24 East, a distance of 2.75 miles more or less; thence

(6) North along the west boundary line of Sections 10 and 3 in Township 25 South, Range 24 East, a distance of two miles, to a point of intersection of the north boundary of Polk County and the south boundary of Lake County; thence

(7) In Lake County, still north along the west boundary line of Sections 34, 27 and 22 in Township 24 South, Range 24 East, a distance of three (3) miles; thence

(8) Turning and running east along the north boundary line of Section 22 in Township 24 South, Range 24 East, to the point of intersection of the north boundary line of said Section 22 and the westerly right-of-way line of the Seaboard Coast Line Railroad; thence

(9) Northwesterly along the westerly right-of-way line of the Seabord Coast Line Railroad to a point in the north boundary line of Section 4, in Township 24 South, Range 24 East, a distance of 3.5 miles, more or less; thence

(10) Turning and running west along the boundary between Townships 23 and 24 South, which boundary is the south boundary line of Sections 33 and 32 in Township 23 South, Range 24 East; thence

(11) Turning and running north along the west boundary of Section 32 in Township 23 South, Range 24 East, a distance of one mile; thence

(12) Turning and running east along the north boundary line of Sections 32 and 33 in Township 23 South, Range 24 East to a point in the westerly right-of-way line of the Seabord Coast Line Railroad; thence

(13) Turning and running northwesterly along the westerly right-of-way line of Seaboard Coast Line Railroad to a point, which point is in the boundary between Ranges 23 East and 24 East, which point is also in the west boundary of Section 31 in Township 22 South, Range 24 East, a distance of six miles more or less; thence

(14) Turning and running north along the boundary between Range 23 East and Range 24 East to a point in the southerly right-of-way line of the Seabord Coast Line Railroad, a distance of 3.25 miles, more or less; thence

(15) Turning and running east along the south right-of-way line of said Seaboard Coast Line Railroad to a point in the east boundary line of Section 16 in Township 22 South, Range 24 East; thence

(16) Turning and running south along the east boundary line of Section 16, in Township 22 South, Range 24 East, a distance of one-half mile, more or less; thence

(17) Turning and running east along the north boundary line of Section 22 in Township 22 South, Range 24 East, a distance of one mile; thence

(18) Turning and running south along the east boundary line of Section 22 in Township 22 South, Range 24 East, a distance of one mile; thence

(19) Turning and running east along the north boundary line of Sections 26 and 25 in Township 22 South, Range 24 East and Section 30 in Township 22 South, Range 25 East, a distance of three miles; thence

(20) Turning and running north along the west boundary of Section 20, Township 22 South, Range 25 East to a point in the south right-of-way line of State Road 50, a distance of one-half mile, more or less; thence

(21) Turning and running east along the south right-of-way line of State Road 50 to a point in Section 23, Township 22 South, Range 25 East, which point is the point of intersection of State Road 50 and the east boundary of the canal which connects Lake Minnehaha and Lake Minneola; thence

(22) Turning and running south along the eastern bank of said canal and continuing south along the eastern shore of Lake Palatlakaha to a point in the westerly right-of-way line of State Road 561, a distance of one-half mile, more or less; thence

(23) Southerly along the westerly right-of-way line of State Road 561 to a point in Section 11, Township 23 South, Range 25 East, which point is the point of intersection of State Road 561 and State Road 565B, a distance of 3.5 miles more or less; thence

(24) Turning and running west along the north right-of-way line of State Road 565B to a point in the west boundary line of Section 11 in Township 23 South, Range 25 East, a distance of one-quarter mile, more or less; thence

(25) South along the west boundary line of Sections 11 and 14 Township 23 South, Range 25 East, a distance of 1.5 miles, more or less; thence

(26) East along the south boundary line of Sections 14 and 13 in Township 23 South, Range 25 East, a distance of two miles; thence

(27) North along the west boundary line of Sections 18 and 7 in Township 23 South, Range 26 East, to a point in the north right-of-way line of Hull Road, which is depicted on the February 1969 edition of the Florida State Road Department General Highway Map of Lake County as a graded and drained road skirting the south end of Lake Susan while running approximately along the north boundary line of Section 12 in Township 23 South, Range 25 East; thence

(28) Turning and running west along the north right-of-way line of Hull Road a distance of one-half mile, more or less, to a point in Section 12, Township 23 South, Range 25 East, which point is the intersection of the north right-of-way line of Hull Road with the East right-of-way line of Lake Shore Road, which is depicted on the February 1969 edition of the Florida State Road Department General Highway map of Lake County as a paved road running west and then north of Lake Susan; thence

(29) Turning and running north, then easterly, along the easterly, then southerly, right-of-way line of Lake Shore Road a distance of 1.5 miles, more or less, to a point in Section 6, Township 23 South, Range 26 East, which point is the intersection of the southerly right-of-way line of Lake Shore Road with the west right-of-way line of Lake Louisa Road, which is depicted on the February 1969 edition of the Florida State Road Department General Highway Map of Lake County as a bituminous road running in a north-south direction to the east of Lake Susan and skirting the northeast shoreline of Lake Louisa; thence

(30) Turning and running south, then southeasterly, along the westerly right-of-way line of Lake Louisa Road to a point in Section 16, Township 23 South, Range 26 East, which point is the intersection of the westerly right-of-way line of Lake Louisa Road with the west right-of-way line of United States Route 27 (State Road 25), a distance of four miles, more or less; thence

(31) South along the west right-of-way line of United States Route 27 in Lake and Polk Counties to a point in the south boundary line of Section 8 in Township 27 South, Range 27 East, a distance of approximately 26 miles; thence

(32) Turning and running west along the south boundary line of Sections 8 and 7 in Township 27 South, Range 27 East, a distance of 1.25 miles, more or less; thence

(33) West along the south boundary line of Section 12 in Township 27 South, Range 26 East, to a point, which point is the southwest corner of the aforesaid Section 12; thence

(34) Turning and running south along the west boundary line of Section 13 in Township 27 South, Range 26 East, to the point of intersection of the west boundary line of Section 13 in Township 27 South, Range 26 East and the north shoreline of Lake Lowery; thence

(35) Turning and running east, south and west along the shoreline of Lake Lowery to its point of intersection with the east boundary line of Section 23 in Township 27 South, Range 26 East; thence

(36) Turning and running south along the east boundary line of Section 23 in Township 27 South, Range 26 East to the southeast corner of the aforesaid Section 23; thence

(37) Turning and running west from the southeast corner of Section 23 in Township 27 South, Range 26 East, along the south boundary lines of Sections 23, 22, 21, 20 and 19 and continuing to a point on the southern boundary line of Section 24 in Township 27 South, Range 25 East, which is one-half mile west of the southeastern corner of said Section 24, a distance of 5.5 miles; thence

(38) North along the west boundary line of the east half-section of Section 24 in Township 27 South, Range 25 East, a distance of one-half mile; thence.

(39) West along the north boundary line of the south half-section of Section 24 in Township 27 South, Range 25 East, a distance of one-half mile; thence

(40) North along the west boundary line of Section 24 in Township 27 South, Range 25 East, a distance of one-half mile; thence

(41) West along the north boundary line of Sections 23 and 22 in Township 27 South, Range 25 East, to a point where said boundary line intersects the northeasterly right-of-way line of State Road 559, a distance of 1.2 miles, more or less; thence

(42) West, then north, along the north, then east, right-of-way line of State Road 559 to a point in Section 10, Township 27 South, Range 25 East, which point is the intersection of the east right-of-way line of State Road 559 and the east right-of-way line of State Road 559A, a distance of 1.6 miles, more or less; thence

(43) Northerly along the east right-of-way line of State Road 559A to a point in Section 3, Township 27 South, Range 25 East, which point is the intersection of the east right-of-way line of State Road 559A and the north right-of-way line of Interstate Highway 4 (State Road 400), a distance of one mile, more or less; thence

(44) Turning and running west, then southwesterly, along the north right-of-way line of Interstate Highway 4 to a point where said right-of-way intersects the south boundary line of Section 10 in Township 27 South, Range 24 East, a distance of 5.8 miles, more or less; thence

(45) West along the south boundary line of Sections 10, 9, and 8, in Township 27 South, Range 24 East, a distance of 2.7 miles, more or less; thence

(46) South along the east boundary line of Section 18 in Township 27 South, Range 24 East, a distance of one mile; thence

(47) West along the south boundary line of Section 18 in Township 27 South, Range 24 East, a distance of one mile; thence

(48) North along the east boundary line of Sections 13 and 12 in Township 27 South, Range 23 East, to the southeastern corner of the northern one-half of the northeastern quarter-section of said Section 12, a distance of 1.75 miles; thence

(49) West along the south boundary line of the northern halves of the northeastern and northwestern quarter-sections of Section 12 in Township 27 South, Range 23 East, to the point of beginning.

Specifically excluding and exempting herefrom the following:

(1) Lake Louisa State Park

(2) The south half of Sections 28 and 29 and all of Sections 32 and 33 in Township 26 South, Range 25 East.

History

Rulemaking Authority 380.05(1), (12) FS. Law Implemented 380.05 FS. History–New 7-25-74, Formerly 22F-5.02, Amended 11-18-79, Formerly 27F-5.02, 27F-5.002.

Fla. Admin. Code R. 28-26.003 Principles for Guiding Development

(1) Objectives to Be Achieved

(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.

(d) Protect the functions of the Green Swamp Potentiometric High of the Floridan Aquifer.

(e) Protect the normal supply of ground and surface water.

(f) Prevent further salt-water intrusion into the Floridan Aquifer.

(g) Protect or improve existing ground and surface-water quality.

(h) Protect the water-retention capabilities of wetlands.

(i) Protect the biological-filtering capabilities of wetlands.

(j) Protect the natural flow regime of drainage basins.

(k) Protect the design capacity of flood-detention areas and the water-management objectives of these areas through the maintenance of hydrologic characteristics of drainage basins.

(2) Elements

Requiring

Regulatory

Regulation

Guidelines

(a) Site Platting

The platting of land should be permitted only when such platting commits development to a pattern which will not result in the alteration of the natural surface water flow regime and which will not reduce the natural recharge rate of the platted site.

(b) Site Alteration

Site alteration should be permitted only when such alteration will not adversely affect the natural surface-water flow regime or natural recharge capabilities of the site. Site alteration should be permitted only when such alteration will not cause siltation of wetlands or reduce the natural retention and filtering capabilities of wetlands. All site alteration activities should provide for water retention and settling facilities; should maintain an overall site runoff equivalent to the natural flow regime prior to alteration and should maintain a runoff rate which does not cause erosion.

All soil exposed as a result of site alteration or development activities should be located and stabilized in a manner to prevent the alteration of the natural flow regime. All soil exposed as a result of site alteration or development activities should be restored with suitable vegetation.

(d) Ground Water

Ground water withdrawal should not exceed the safe yield per acre as determined by the Southwest Florida Water Management District, or its successor agency.

(e) Storm-Water

Storm-water runoff should be released into the wetlands in a manner approximating the natural flow regime.

(f) Solid Waste

Solid waste disposal facilities should be located in areas and operated in a manner that will not adversely affect the ground-water system.

(g) Structures

Structures should be placed in a manner that will not adversely affect the natural flow regime and which will not reduce the recharge capabilities. Placement of structures should be consistent with sound flood plain management practices such as compliance with the Flood Disaster Protection Act of 1973.

History

Rulemaking Authority 380.05(1) FS. Law Implemented 380.05 FS. History–New 7-25-74, Formerly 22F-5.03, 27F-5.03, 27F-5.003.

Fla. Admin. Code R. 28-26.004 Administration

(1) All land-development regulations adopted pursuant to these guidelines should be administered by the local government.

(2) To the extent possible, local regulations, as required by Section 380.05(5), F.S., should be performance oriented, and should differentiate between the natural development suitability of the wetlands, flatwoods and uplands.

History

Rulemaking Authority 380.05(1) FS. Law Implemented 380.05 FS. History–New 7-25-74, Formerly 22F-5.04, 27F-5.04, 27F-5.004.

Chapter 28-27 LAND PLANNING - PART VI BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - POLK COUNTY

Fla. Admin. Code R. 28-27.001 Short Title

This chapter shall be known as the Polk County Green Swamp Development Code.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-6.01, 27F-6.01, 27F-6.001.

Fla. Admin. Code R. 28-27.002 Purpose and Intent

Pursuant to Section 7, Article II, of the Florida Constitution and Section 380.05, F.S., it is the purpose of these regulations to conserve and protect the environmental and economic resources of the Green Swamp Area of Critical State concern and to provide a land and water management system to protect such resources and facilitate orderly and well planned growth. To effectively and equitably accomplish such purposes, these regulations should be implemented by the local government through existing administrative procedures and pursuant to Chapter 28-26, F.A.C., to achieve the following objectives:

(1) Minimize the adverse impacts of development on resources of the Floridan Aquifer, wetlands and flood-detention areas.

(2) 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.

(3) Protect the water available for aquifer recharge.

(4) Protect the functions of the Green Swamp Potentiometric High of the Floridan Aquifer.

(5) Protect the normal supply of ground and surface water.

(6) Prevent further salt-water intrusion into the Floridan Aquifer.

(7) Protect or improve existing ground and surface-water quality.

(8) Protect the water-retention capabilities of wetlands.

(9) Protect the biological-filtering capabilities of wetlands.

(10) Protect the natural flow regime of drainage basins.

(11) Protect the design capacity of flood-detention areas and the water-management objectives of these areas through the maintenance of hydrological characteristics of drainage basins.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-6.02, 27F-6.02, 27F-6.002.

Fla. Admin. Code R. 28-27.003 Agricultural Exemption

The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other purposes directly related to all such uses are exempt from these regulations, for example, but not limited to, wells, access roads, utilities, and utility lines. Lands lying fallow are deemed to be used for agricultural purposes. However, whenever any person carries out any activity defined herein, as development or applies for a development permit, as defined herein, to develop exempted land, these regulations shall apply to such application and to such land.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05 FS. History–New 7-20-75, Formerly 22F-6.03, 27F-6.03, 27F-6.003.

Fla. Admin. Code R. 28-27.004 Vested Rights in Property

Where vested rights in property exist pursuant to Section 380.05(18), F.S., these regulations shall not abridge them. Any person whose rights may have vested pursuant to Section 380.05(18), F.S., may seek a determination from the local government having jurisdiction over development or the state land planning agency. Request for vested rights determination from the state land planning agency shall be submitted as a petition for a declaratory statement pursuant to Section 120.565, F.S., and upon a form as prescribed by the agency.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-6.04, 27F-6.04, 27F-6.004.

Fla. Admin. Code R. 28-27.005 Definitions

(1) “Administration commission” or “commission” means the Governor and the Cabinet, and for purposes of this chapter, the commission shall act on a simple majority.

(2) “Aquifer” means an underground formation, or group of formations, or part of a formation, that is permeable enough to transmit and store usable quantities of water.

(3) “Artesian Aquifer” means an aquifer that contains artesian water.

(4) “Artesian Water” means ground water that is under sufficient pressure to rise above the level at which it is encountered by a well, but which does not necessarily rise to or above the surface of the ground.

(5) “Board” means the Polk County Board of County Commissioners.

(6) “Development,” see definition (46).

(7) “Development order” means any order granting, denying, or granting with conditions an application for a development permit.

(8) A “development permit” includes any building permit, zoning permit, plat approval, or rezoning, certification, variance, or other action having the effect of permitting development as defined in this chapter.

(9) “Developer” means any person, including a governmental agency, undertaking any development as defined in this chapter.

(10) “Discharge” means the outflow of water from a site, aquifer, or drainage basin.

(11) “Drainage Facilities” means any canal, ditch, culvert, dike or other facility which lowers the surface or ground water table, acts as a conduit, diverts or directs the flow of water or otherwise affects the natural flow regime.

(12) “Effective Precipitation” means that part of the precipitation (rainfall) which contributes to direct surface runoff.

(13) “Flood Frequency” means the statistically determined average for how often a specific flood level of discharge may be equaled or exceeded.

(14) “Floridan Aquifer” means the aquifer which consists of a series of limestone formations which range from middle Eocene to Miocene in age and that underlies most of Florida and is a major source of ground water for the state.

(15) “Governmental agency” means:

(a) The United States or any department, commission, agency, or other instrumentality thereof;

(b) This state or any department, commission, agency, or other instrumentality thereof;

(c) Any local government, as defined in this chapter, or any department, commission, agency, or other instrumentality thereof;

(d) Any school board or other special district, authority, or other governmental entity.

(16) “Green Swamp” means those lands within Polk County which lie within the boundaries delineated by the legal description in Rule 28-26.002, F.A.C.

(17) “Ground Water” means water beneath the surface of the ground, whether or not flowing through known and definite channels.

(18) “Hydroperiod” means that portion of the hydrologic cycle during which water is at or on the soil surface.

(19) “Land” means the earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.

(20) “Land development regulations” include local zoning, subdivision, building, and other regulations controlling the development of land.

(21) “Land use” means the development that has occurred on land.

(22) “Local government” means any county or municipality and, where relevant, any joint airport zoning board.

(23) “Major public facility” means any publicly owned facility of more than local significance.

(24) “Natural Flow Regime” means the velocity, volume, and direction of the surface or ground water flow presently occurring for any given portion of the Area of Critical State Concern.

(25) “Parcel of land” means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit, or which has been used or developed as a unit.

(26) “Peak Surface – Water Discharge” means the maximum discharge rate subsequent to an occurrence of effective precipitation.

(27) “Person” means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

(28) “Pine Flatwoods” means those discrete areas which have one or more of the following naturally occurring soils, or any other soil classified by the U. S. Soil Conservation Service as indicative of a pine flatwood:

Bushnell

Broward

Immokalee

Eureka

Ona

Myakka (Leon)

Scranton

Panasoffkee

Wabasso (Leon loamy substrata)

St. Johns

Pompano Sand, acid

Wauchula (Leon, heavy substrata)

Placid sand, slightly wet

(29) “Potentiometric Surface” means the imaginary surface coinciding with levels of artesian pressure.

(30) “Recharge” means the downward percolation of surface water into any underground formation.

(31) “Regional planning agency” means the agency designated by the state land planning agency to exercise responsibilities under this chapter in a particular region of the state.

(32) “Regulatory Flood Level” means the level of the flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur on a particular stream. The Regulatory Flood generally has a flood frequency of approximately 100 years as determined from an analysis of floods in a particular area.

(33) “Rule” means a rule adopted under Chapter 120, F.S.

(34) “Rural Residence” means a single family residence which is to be a dwelling for the property owner.

(35) “Site Alteration” means a development including, but not limited to, removal of, or damage to, vegetation; by filling, ditching, dredging, draining, excavation, earth moving, water containment and changes in the natural flow regime, or the effects of such actions.

(36) “State land development plan” means a comprehensive statewide plan or any portion thereof setting forth state land development policies.

(37) “State land planning agency” means the agency designated by law to undertake statewide comprehensive planning.

(38) “Structure” means anything constructed, installed, or portable, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. Structure also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs.

(39) “Surface Water” means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs or wells shall be classified as surface water when it exits from the spring or well onto the earth’s surface.

(40) “Total Site” means land which is part of common plan of development, rental, advertising or sale.

(41) “Total Surface-Water Discharge” means the total volume of surface water discharged subsequent to the occurrence of effective precipitation.

(42) “Underground Formation” means any geological unit, part of a unit, or group of units lying beneath the surface of the ground.

(43) “Uplands” means discrete areas which have one or more of the following naturally occurring soils, or any other soil classified by the U. S. Soil Conservation Service as indicative.

Lake

Astatula (Lakeland)

Apopka (Blanton)

Cassia

Lucy

Orlando

Paola (Lakewood)

Pomello

St. Lucie

Tavares

Vaucluse

(44) “Water Quality” means the chemical, physical and bacteriological composition of water determined by the measurements of appropriate tests as cited in 40 Code of Federal Regulations 136, and Chapter 62-550, F.A.C.

(45) “Wetlands” means discrete areas which have one or more of the following naturally occurring soils, or any other soil classified by the U. S. Soil Conservation Service as indicative of a wetland:

Anclote

Pamlica

Basinger (Plummer)

Placid (Rutlege)

Iberia

Iberia & Manatee

Oklawaha

Fellowship

Pelham

Emeralda

Pompano

Feldo

Anclote & Myakka

Ocoee

Placid & Myakka

Peace River Soils

Brighton

Swamp

Manatee

Myakka & Placid

(46)(a) “Development” means the carrying out of any building or mining operation or the making of any material change in the use or appearance of any structure or land and the dividing of land into three or more parcels.

(b) The following activities or uses shall be taken for the purposes of this chapter to involve development, as defined in this section:

A reconstruction, alteration of the size, or material change in the external appearance, of a structure on land.
A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, of dwelling units in a structure or on land.
Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any coastal construction as defined in Section 161.021, F.S.
Commencement of drilling (except to obtain soil samples) mining, or excavation on a parcel of land.
Demolition of a structure.
Clearing of land as an adjunct of construction.
Deposit of refuse, solid or liquid waste, or fill on a parcel of land.

(c) The following operations or uses shall not be taken for the purpose of this chapter to involve development as defined in this section:

Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the rights-of-way.
Work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like.
Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.
The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling.
The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes.
A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class.
A change in the ownership or form of ownership of any parcel or structure.
The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land or other rights in land.

(d) “Development,” as designated in an ordinance, rule, or development permit includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, development refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of subsection (1).

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-6.05, 27F-6.05, 27F-6.005, Technical Change 4-9-26.

Fla. Admin. Code R. 28-27.006 Boundary

These rules shall apply to the Polk County portion of the Green Swamp Area of Critical State Concern as designated by Rule 28-26.002, F.A.C.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-6.06, 27F-6.06, 27F-6.006.

Fla. Admin. Code R. 28-27.007 Applicability

The regulations set forth in this Code shall only apply to that portion of Polk County within the Green Swamp Area of Critical State Concern. These regulations shall be construed as being supplementary and complementary to the regulations imposed on the same lands by Polk County or any other governmental jurisdiction.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-6.07, 27F-6.07, 27F-6.007.

Fla. Admin. Code R. 28-27.008 General Minimum Standards

All development within the Green Swamp Area of Critical State Concern shall meet the following standards and criteria:

(1) The developer shall provide for the release of surface water runoff, collected or uncollected, in a manner approximating the natural, surface water flow regime of the area.

(2) The first floor or basement floor of all structures shall be constructed at least one (1) foot above the Regulatory Flood Level for the particular area.

(3) Treatment of storm-water runoff shall be provided by settling ponds, soil fixatives, control of non-point chemical pollutants, or the performance equivalent structures or systems when such runoff may contaminate surface or ground water resources.

(4) Except for roads, any nonpermeable surface greater than 20,000 square feet shall provide for release of surface runoff, collected or uncollected, in a manner approximating the natural surface water flow regime of the area.

(5) Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain runoff and siltation on the construction site.

(6) Any altered site shall be revegetated and such revegetation shall be subsequently completed within 180 days following completion of a development. Revegetation shall be accomplished with pre-existing species or other suitable species except that undesirable exotic species shall not be replanted or propagated.

(7) Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of storm waters as sheet flow from their downstream end and into areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the 50 year storm. Fill areas and related ponds shall not substantially retain or divert the total flow.

(8) Man-made lakes, ponds, or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. Whenever mineral extraction is completed in new quarries, shoreline sloping, revegetation, and contouring of soils or tailings shall be completed before abandonment. Existing quarry lakes shall be exempt from this provision, except that whenever any person carries out any activity defined as development or applies for a development permit, as defined herein, to develop any existing quarry lake area, these regulations shall apply.

(9) Development shall not detrimentally change the quantity of ground and surface water available for recharge to the Floridan Aquifer. A developer shall not cause storm water from the site to discharge or runoff into an existing sinkhole.

(10) The development shall not impair the water retention and filtering capacity of wetlands soils or vegetation.

(11) New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on site or to a natural retention or natural filtration and flow area. New drainage facilities shall also maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand or slough.

(12) Solid waste disposal sites shall meet all the requirements of this code.

(13) Site alteration shall be permitted only when such alteration will not cause siltation of wetlands or reduce the natural retention and filtering capabilities of wetlands.

(14) Ground water withdrawal shall comply with the standards and regulations of the Southwest Florida Water Management District or its successor agency.

(15) Placement of structures shall be consistent with sound floodplain management practices such as compliance with Flood District Disaster Protection Act of 1973.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-6.08, 27F-6.08, 27F-6.008, Amended 1-15-14.

Fla. Admin. Code R. 28-27.009 Permit Requirements

(1) Any development as defined herein undertaken in the Green Swamp Area of Critical State Concern shall require a development permit. Development permits for any change in zoning, plat approvals or vacancies shall be issued in the form of a development order as defined in these regulations. An application for a development permit shall be submitted to the Polk County Planning Department, or the Polk County Building and Zoning Codes Department, whichever shall be designated by the Board, together with any reasonable fee set by the Board.

(2) Prior to issuance of any development permit, an applicant shall submit a development plan to the county agency designated by the Board pursuant to subsection (1) of this rule. The development plan shall affirmatively demonstrate that the proposed development meets or exceeds the requirements of this code. No permit shall be issued until the requirements of this code are met. The development plan shall include the description and scope of the proposed project in report form. The development plan shall include, but not be limited to, the following documents and information:

(a) A certified survey of the site showing topography in no more than one (1) foot contours in the wetlands and the pine flatwoods and two (2) foot contours in the uplands by a land surveyor registered in the State of Florida.

(b) A soil analysis prepared by a registered professional engineer or the U.S. Soil Conservation Service which will be detailed and accurate enough to allow for the soils determination required in paragraph 28-27.008(4)(a), F.A.C., of this code.

(c) A statement by a registered professional engineer indicating expected changes in surface and ground water quality discharge, and artesian aquifer recharge characteristics of the site before, during, and after development and specifying any measures necessary to approximate existing quality and quantity in surface and ground waters.

(d) A vegetation map of the site.

(e) A development implementation schedule.

(f) A site plan indicating any proposed alteration or development.

(g) A Impact Assessment Statement as required by zoning change procedures.

(3) A development plan shall not be required in the following three (3) instances unless specifically requested by a county agency:

(a) The modification of any single-family residential structure for the uses of a single family.

(b) The construction of any rural residence, as referred to in this code, shall require only the site plan and certified soil analysis.

(c) The four laning of U.S. 98 by the Florida Department of Transportation between I-4 and the Polk County Line, and any construction or alteration caused by acquiring the right-of-way needed for this facility.

(4) A development permit shall not be required by this chapter in the following two (2) instances unless otherwise required by these applicable county ordinances or regulations:

(a) The modification of any existing residential structure that does not exceed ten (10) percent of the square footage of its original structure.

(b) One residential accessory structure may be added, not to exceed six hundred (600) square feet, provided such structure does not exceed the site coverage stipulated in paragraph 28-27.008(4)(a), F.A.C., of this chapter.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Amended 4-19-77, Formerly 22F-6.09, 27F-6.09, 27F-6.009.

Fla. Admin. Code R. 28-27.010 Minimum Requirements

The provisions of this Code shall be considered to be minimum requirements for the protection and promotion of the public health, safety, or general welfare. Whenever the requirements of this code are at variance with the requirements of any other rules, regulations or codes, which are a proper exercise of authority of a governmental jurisdiction, the more restrictive standards shall govern.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-6.10, 27F-6.10, 27F-6.010.

Fla. Admin. Code R. 28-27.011 Appeals and Notification

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-6.11, 27F-6.11, 27F-6.011, Repealed 7-30-98.

Fla. Admin. Code R. 28-27.012 Variances

Variance procedures provided in local ordinances shall apply to the Green Swamp Area of Critical State Concern. However, in addition to the standards provided in such ordinances, no variance shall be granted for any development within the critical area unless such development is designed consistent with critical area regulations to have minimum adverse impact on the area’s water storage capacity, surface water flow and wetlands. The applicant shall have the affirmative burden of establishing that the development will have a minimum adverse impact on such resources.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-6.12, 27F-6.12, 27F-6.012.

Fla. Admin. Code R. 28-27.013 Amendments

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-6.13, 27F-6.13, 27F-6.013, Repealed 7-30-98.

Fla. Admin. Code R. 28-27.014 Enforcement

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-6.14, 27F-6.14, 27F-6.014, Repealed 7-30-98.

Fla. Admin. Code R. 28-27.015 Severability

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-6.15, 27F-6.15, 27F-6.015.

Chapter 28-28 LAND PLANNING - PART VII BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - LAKE COUNTY

Fla. Admin. Code R. 28-28.001 Short Title

This chapter shall be known as the Lake County Green Swamp Development Code.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(1) FS. History–New 7-20-75, Formerly 22F-7.01, 27F-7.01, 27F-7.001.

Fla. Admin. Code R. 28-28.002 Purpose and Intent

Pursuant to Section 7, Article II, of the Florida Constitution and Section 380.05, F.S., it is the purpose of these regulations to conserve and protect the environmental and economic resources of the Green Swamp Area of Critical State Concern, and to provide a land and water management system to protect such resources and to facilitate orderly and well-planned growth. To effectively and equitably accomplish such purposes, these regulations should be implemented by the local government through existing administrative procedures, and pursuant to Chapter 28-26, F.A.C., achieve the following objectives:

(1) Minimize the adverse impacts of development on resources of the Floridan Aquifer, wetlands and flood-detention areas.

(2) 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.

(3) Protect the water available for aquifer recharge.

(4) Protect the functions of the Green Swamp Potentiometric High of the Floridan Aquifer.

(5) Protect the normal supply of ground and surface water.

(6) Prevent further salt-water intrusion into the Floridan Aquifer.

(7) Protect or improve existing ground and surface water quality.

(8) Protect the water-retention capabilities of wetlands.

(9) Protect the biological-filtering capabilities of wetlands.

(10) Protect the natural flow regime of drainage basins.

(11) Protect the design capacity of flood-detention areas and the water-management objectives of these areas through the maintenance of hydrologic characteristics of drainage basins.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(1) FS. History–New 7-20-75, Formerly 22F-7.02, 27F-7.02, 27F-7.002.

Fla. Admin. Code R. 28-28.003 Agricultural Exemption

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(1) FS. History–New 7-20-75, Formerly 22F-7.03, 27F-7.03, 27F-7.003.

Fla. Admin. Code R. 28-28.004 Vested Rights in Property

Where vested rights in property exist pursuant to Section 380.05(18), F.S., these regulations shall not abridge them. Any person whose rights may have vested pursuant to Section 380.05(18), F.S., may seek a determination from the local government having jurisdiction over development or from the state land planning agency. Request for vested rights determination from the agency shall be submitted as a petition for a declaratory statement pursuant to Section 120.565, F.S., and upon a form as prescribed by the agency.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(1) FS. History–New 7-20-75, Formerly 22F-7.04, 27F-7.04, 27F-7.004.

Fla. Admin. Code R. 28-28.005 Definitions

(1) “Administration Commission” or “Commission” means the Governor and the Cabinet, and for purposes of this chapter the Commission shall act on a simple majority.

(2) “Aquifer” means an underground formation or group of formations that are permeable enough to transmit and store usable quantities of water.

(3) “Artesian Aquifer” means an aquifer in which water is confined so that its surface is not free to rise.

(5) “Development,” see definition (44).

(6) “Development Order” means any order granting, denying, or granting with conditions an application for a development permit.

(7) A “Development Permit” includes any building permit, zoning permit, plat approval, or rezoning, certification, variance, or other action having the effect of permitting development as defined in this chapter.

(8) “Developer” means any person, including a governmental agency, undertaking any development as defined in this chapter.

(9) “Discharge” means the outflow of water from a site, aquifer, or drainage basin.

(10) “Drainage Basin” means a drainage system consisting of surface streams or bodies of impounded surface water together with all tributary surface streams and bodies of impounded water.

(12) “Effective Precipitation” means that part of the precipitation (rainfall) which contributes to direct surface runoff.

(13) “Flood or Flooding” means a temporary rise in water levels that results in inundation of normally dry land areas from the overflow of streams or other inland waters or from a rise in coastal waters.

(14) “Flood-Prone Area” means any area which lies at or below the water surface elevation of the “regulatory flood level.”

(15) “Floridan Aquifer” means the aquifer which consists of a series of limestone formations which range from middle Eocene to Miocene in age and which underlies most of Florida and is a major source of ground water for the state.

(16) “Governmental Agency” means:

(a) The United States or any department, commission, agency, or other instrumentality thereof;

(b) This state or any department, commission, agency, or other instrumentality thereof;

(d) Any school board or other special district, authority, or other governmental entity.

(17) “Green Swamp” means those lands within Lake County which lie within the boundaries delineated by the legal description in Rule 28-26.002, F.A.C.

(18) “Ground Water” means water beneath the surface of the ground, whether or not flowing through known and definite channels.

(19) “Hydroperiod” means that portion of the hydrologic cycle during which water is at or on the soil surface.

(20) “Land” means the earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.

(21) “Land Development Regulations” include local zoning, subdivision, building, and other regulations controlling the development of land.

(22) “Land Use” means the development that has occurred on land.

(23) “Local Government” means any county or municipality and, where relevant, any joint airport zoning board.

(24) “Major Public Facility” means any publicly owned facility of more than local significance.

(25) “Natural Flow Regime” means the velocity, volume, and direction of the surface or ground water flow presently occurring for any given portion of the Green Swamp Area of Critical State Concern.

(26) “Parcel of Land” means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit.

(28) “Pine Flatwoods” means those general discrete areas which have one or more of the following naturally occurring soils.

Albany

Soils

Wauchula

Pompano sand, acid

Eureka

Immokalee

Myakka

Ona

Placid sand,

Wabasso

slightly wet

(29) “Potentiometric Surface” means the imaginary surface coinciding with levels of artesian pressure.

(30) “Recharge” means the downward percolation of surface water into any underground formation.

(31) “Regional Planning Agency” means the agency designated by the state land planning agency to exercise responsibilities under this chapter in a particular region of the state.

(33) “Rule” means a rule adopted under Chapter 120, F.S.

(34) “Site Alteration” means development including, but not limited to, removal of, or damage to, vegetation; by filling, ditching, dredging, draining, excavation, earth moving, water containment and changes in the natural flow regime, or the effects of such actions. For the purposes of this ordinance, this shall not apply to agricultural activities.

(35) “State Land Development Plan” means a comprehensive statewide plan or any portion thereof setting forth state land development policies.

(36) “State Land Planning Agency” means the agency designated by law to undertake statewide comprehensive planning.

(37) “Structure” means anything constructed, installed, or portable, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. Structure also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs.

(38) “Surface Water” means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs or wells shall be classified as surface water when it exits from the spring or well onto the earth's surface.

(39) “Total Site” means land which is part of a common plan of development, rental, advertising or sale.

(40) “Underground Formation” means any geological unit, part of a unit, or group of units lying beneath the surface of the ground.

(41) “Uplands” means those general discrete areas which have any of the following naturally occurring soils.

Apopka

Soils

Astatula

Ocilla

Lake

Lucy

Orlando

Paola

Pomello

St. Lucie

Tavares

Vaucluse

Cassia

(42) “Water Quality” means the chemical, physical, and biological composition of water as determined by the measurements of appropriate tests as cited in 40 Code of Federal Regulations 136 and Chapter 62-160, F.A.C.

(43) “Wetlands” means those general discrete areas which have any of the following occurring soils.

Anclote

Soils

Manatee

Iberia

Felda

Oklawaha

Placid

Pelham

Ocoee

Pompano

Iberia & Manatee

Anclote & Myakka

Swamp

Placid & Myakka

Emeralda

Myakka & Placid

Fellowship

Brighton

Montverde

(44)(a) “Development” means the carrying out of any building or mining operation or the making of any material change in the use or appearance of any structure or appearance of any structure or land and the dividing of land into three or more parcels.

(b) The following activities or uses shall be taken for the purposes of this chapter to involve development as defined in this section:

A reconstruction, alteration of the size, or material change in the external appearance, of a structure on land.
A change in the intensity of use of land, such as an increase in the number of manufacturing establishments, offices, or dwelling units in a structure or on land.
Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any coastal construction as defined in Section 161.021, F.S.
Commencement of drilling (except to obtain soil samples) mining, or excavation on a parcel of land.
Demolition of a structure.
Clearing of land as an adjunct of construction.
Deposit of refuse, solid or liquid waste, or fill on a parcel of land.

(c) The following operations or uses shall not be taken for the purpose of this chapter to involve development as defined in this section:

Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way.
Work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like.
Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.
The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling.
The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes.
A change in use of land or structure from a use within a class specified in an ordinance or rule or another use in the same class.
A change in the ownership or form of ownership of any parcel or structure.
The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land.

(d) “Development,” as designated in an ordinance, rule or development permit includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, development refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of subsection (1).

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(1) FS. History–New 7-20-75, Formerly 22F-7.05, 27F-7.05, 27F-7.005.

Fla. Admin. Code R. 28-28.006 Boundary

These regulations shall apply to the Lake County portion of the Green Swamp Area of Critical State Concern as designated by Rule 28-26.002, F.A.C.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(1) FS. History–New 7-20-75, Formerly 22F-7.06, 27F-7.06, 27F-7.006.

Fla. Admin. Code R. 28-28.007 Master Land Use Plan

(1) Any development as defined in Section 380.04, F.S., undertaken in the Lake County portion of the Green Swamp Area of Critical State Concern shall require a development permit. Development permits for any change in zoning, plat approval, variances to these regulations, and conditional use shall be issued in the form of development order as defined in Section 380.031, F.S.

(2) The applicant for a development permit shall submit, at least ten (10) working days prior to issuance of said permit, a Master Land Use Plan as defined herein. The applicant for a development permit shall have the affirmative burden of establishing that the proposed project and supporting data shall meet the requirements and objectives of this code.

(3) Master Land Use Plan Requirements. For all applicants for permits, except those exempted herein, a Master Land Use Plan shall be required. The Master Land Use Plan shall include, but not be limited to, the following:

(a) A description of the scope of the proposed development which shall include:

The planning and engineering considerations to be used in achieving the objectives of this code.
The number of dwelling units, the total lot coverage, and the percentage of open space to be preserved.
An implementation and phasing schedule.
A concept site plan.
A site restoration plan.

(b) Certified maps of the site from a registered professional engineer or soil conservation survey which shall include:

A soil analysis prepared by a professional engineer registered in the State of Florida or the U.S. Soil Conservation Service which is sufficient in detail to meet the requirements of this code.
The topography in no more than one (1) foot contours in the wetlands and flatwoods and two (2) foot contours in the uplands.
The flood prone areas of the particular site.

(c) A statement by a registered professional engineer indicating expected changes in the quality and quantity of ground water discharge and artesian aquifer recharge of the site before, during, and after development and specifying any measure necessary to approximate existing quality and quantity in surface and ground waters.

(d) A statement or assessment by a registered professional engineer that drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on site or to a natural retention or natural filtration and flow area.

(4) Exemptions.

A Master Land Use Plan shall not be required in the following two (2) instances, unless specifically requested by the County Planning Department or other county agency:

(a) The modification of an existing single family residential structure.

(b) Construction of a single family dwelling that is not part of a common plan of development.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-7.07, 27F-7.07, 27F-7.007.

Fla. Admin. Code R. 28-28.008 Performance Criteria

(1) All development in flood prone areas shall meet the following standards:

(a) Structures that are built in a flood prone area shall have a minimum basement or first floor level of 12 inches above the regulatory flood level.

(b) Development shall not adversely affect the natural flow regime or reduce the recharge capabilities of the area.

(c) All development shall be consistent with sound flood plain management practices and comply with the Flood Disaster Act of 1973 (PL 93-234) and Federal Insurance regulations applicable in flood prone areas.

(2) Development in the uplands shall not significantly reduce the on site percolation rate of rain water back into the ground from that which existed when the land was in its undisturbed state.

(3) All drainage facilities shall include engineering design features to remove suspended solids and other contaminants and pollutants in storm water runoff to meet Lake County Pollution Control Board Water Control Standards.

(4) Sites shall be developed to maximize the amount of natural rainfall which is percolated into the soil and to minimize direct overland runoff into adjoining streets and water courses to the extent feasible. Storm water runoff from roofs and other nonpermeable surfaces shall be diverted into swales or terraces on the site. Whenever land lying within 200 feet of a lake and which slopes toward said lake is developed, the following methods shall be provided to minimize storm water runoff into the lake:

(a) Construction of terraces which slope in the direction away from the lake, and

(b) Erection of a tree line or performance equivalent structures to reduce or divert runoff.

(5) Street drainage by grassed swales shall be utilized except where flow velocities in excess of two feet per second are anticipated, in which case curbs and gutters or other engineering techniques may be required. The overflow from these swales and other drainage facilities shall be diverted to natural percolation areas or artificial seepage basins of at least sufficient capacity to retain the storm water runoff from each drainage area for a fifty (50) year storm. Natural lakes shall not be used as retention areas for the increased runoff generated by development. Drainage facilities shall be provided for all percolation, seepage basins and detention areas to handle the runoff from storms which exceed the fifty (50) year storm in duration and severity.

(6) Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. Such systems shall ensure drainage at all points along streets and provide positive drainage away from buildings and on-site waste disposal sites.

(7) Site Alteration.

(a) Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of each phase of development.

(b) It is the responsibility of the applicants to demonstrate that the plans achieve the following objectives:

That the site alteration shall not adversely affect the natural surface flow regime or natural recharge capabilities of the site.
That site alteration shall not cause siltation of wetlands or reduce the natural retention of filtering capabilities of the wetlands.
That all site alteration activities shall provide for water retention and settling facilities, shall maintain an overall site runoff approximating the natural flow regime prior to such alterations and shall maintain a runoff rate that does not cause erosion.

(8) Fill Areas, Borrow Pits and Mines.

(a) Fill areas and related dredge and borrow pits shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow pits shall provide for the release of storm waters as sheet flow from their downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the 50 year storm. Fill areas and related ponds shall not substantially retain or divert the total flow.

(b) Man-made lakes, ponds or other containment works shall be constructed with maximum slope of 30 degrees to a depth of six feet of water.

(c) Mining operations shall be completely self-contained and shall retain any waste materials or water generated by the process of mining on the premises. The operation shall not utilize any surface water from lakes or ponds which are not entirely on the property.

(d) Any unusable soil or other debris shall be reasonably contoured as it is removed from the mine area, with the exception of the settling area and the dikes which shall be contoured upon termination of their use.

(e) All mines, borrow pits, fill areas and related dredge operations shall meet all the requirements of this code, except that the requirements of paragraph 28-28.008(8)(a), F.A.C., do not apply to mines.

(9) Solid Waste. Solid waste disposal sites shall meet all the requirements of this code.

(10) Ground water withdrawal shall comply with the standards and regulations of the Southwest Florida Water Management District or its successor agency.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-7.08, 27F-7.08, 27F-7.008, Amended 1-15-14.

Fla. Admin. Code R. 28-28.009 General Provisions

A copy of any Master Land Use Plan submitted in support of a request for zoning, plat approval, and conditional use permit, pursuant to the requirements of Rule 28-28.007, F.A.C., of this code, shall be sent to the state land planning agency, within three (3) working days of the issuance of the development order.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(1) FS. History–New 7-20-75, Formerly 22F-7.09, 27F-7.09, 27F-7.009.

Fla. Admin. Code R. 28-28.010 Minimum Requirements

The provisions of this Code shall be considered to be minimum requirements for the protection and promotion of the public health, safety, morals and general welfare. Whenever the requirements of this code are at variance with the requirements of any other rules, regulations, or codes, which are a proper exercise of authority of a governmental jurisdiction, the more restrictive standards shall govern.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(1) FS. History–New 7-20-75, Formerly 22F-7.10, 27F-7.10, 27F-7.010.

Fla. Admin. Code R. 28-28.011 Enforcement

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-7.11, 27F-7.11, 27F-7.011, Repealed 7-30-98.

Fla. Admin. Code R. 28-28.012 Variances

Variance procedures provided in local ordinances shall apply to the Green Swamp Area of Critical State Concern. However, in addition to the standards provided in such ordinances, no variance shall be granted for any development within the critical area unless such development is designed, consistent with critical area regulations, to have minimum adverse impact on the area’s water storage capacity, surface water flow and wetlands. The applicant shall have the affirmative burden of establishing that the development will have a minimum adverse impact on such resources.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(1) FS. History–New 7-20-75, Formerly 22F-7.12, 27F-7.12, 27F-7.012.

Fla. Admin. Code R. 28-28.013 Appeals

History

Rulemaking Authority 380.05, 380.07 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-7.13, 27F-7.13, 27F-7.013, Repealed 7-30-98.

Fla. Admin. Code R. 28-28.014 Amendments

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS. History–New 7-20-75, Formerly 22F-7.11, 27F-7.11, 27F-7.011, Repealed 7-30-98.

Fla. Admin. Code R. 28-28.015 Severability

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(1) FS. History–New 7-20-75, Formerly 22F-7.15, 27F-7.15, 27F-7.015.

Chapter 28-29 LAND PLANNING - PART VIII BOUNDARY AND PRINCIPLES FOR GUIDING DEVELOPMENT FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN

Fla. Admin. Code R. 28-29.001 Purpose

Pursuant to Section 7, Article II, of the Florida Constitution, and Section 380.05, F.S., it is the purpose of these rules to define the boundary of the Florida Keys Area of Critical State Concern and to provide principles for guiding development within the critical area in order to conserve and protect the natural, environmental, historical and economic resources, the scenic beauty, and the public facilities within the Area of Critical State Concern. It is the further purpose of these rules to provide a comprehensive plan and development regulations that will preserve water quality, provided for the optimum utilization of the limited water resources of the area, facilitate orderly and well-planned development, and protect the health, welfare, safety and quality of life of the residents of the state. To effectively and equitably accomplish such purposes these rules should be implemented by local governments through administrative processes consistent with the comprehensive plan. These processes shall be strengthened to the end that local government is able to achieve the purposes herein stated without the continuation of the designation of area of critical state concern. All existing rights of private property should be preserved in accordance with the constitution of the State of Florida and the United States.

History

Rulemaking Authority 380.05, 380.0552(1) FS. Law Implemented 380.05, 380.0552(1) FS. History–New 5-16-75, Formerly 22F-8.01, Amended 8-23-84, Formerly 27F-8.001.

Fla. Admin. Code R. 28-29.002 Boundary

The following area is hereby designated as the Florida Keys Area of Critical State Concern:

All lands in Monroe County, except:

(1) That portion of Monroe County included within the designated exterior boundaries of the Everglades National Park and areas north of said Park;

(2) All lands more than 250 feet seaward of the mean high water line owned by local, state, or federal governments;

(3) Federal properties; and

(4) Area within the incorporated boundaries of the City of Key West.

History

Rulemaking Authority 380.05(12) FS. Law Implemented 380.05, 380.0552 FS. History–New 5-16-75, Formerly 22F-8.02, Amended 8-23-84, Formerly 27F-8.002, Amended 10-28-87, 2-4-91.

Fla. Admin. Code R. 28-29.004 Administration

(1) The state land planning agency shall administer the requirements of these rules through negotiated memoranda of agreement with each affected local government, specifying reporting requirements and deadlines for implementation.

(2) All appropriate state and regional agencies shall render technical assistance and commit any available resources to aiding local governments in their compliance with the provisions of these rules.

(3) The state land planning agency shall coordinate the programs and regulatory activities of state, regional and federal agencies to ensure that they are consistent, to the maximum extent possible, with local government comprehensive plans and development regulations approved under these Principles for Guiding Development.

(4) The above guidelines and implementation requirements are oriented towards protection of natural resources and public investments of regional and state importance. The comprehensive plans and development regulations developed pursuant to these principles shall be:

(a) Performance oriented to maximize design flexibility;

(b) Administered to provide specified levels of protection that reflect the location, quality, environmental functions and the relationship of the protected resources to developed areas and public facilities; and

(5) The state land planning agency shall develop a mechanism for monitoring local government comprehensive plans and land development regulations to ensure consistency with these principles.

History

Rulemaking Authority 380.05, 380.0552(1) FS. Law Implemented 380.05, 380.0552(1) FS. History–New 5-16-75, Formerly 22F-8.04, Amended 8-23-84, Formerly 27F-8.004.

Fla. Admin. Code R. 28-29.005 Effective Date

These rules shall take effect twenty (20) days after filing with the Secretary of State.

History

Rulemaking Authority 120.54(11), 380.05 FS. Law Implemented 380.05 FS. History–New 5-16-75, Formerly 22F-8.05, 27F-8.005.

Fla. Admin. Code R. 28-29.006 Periodic Reconsideration

History

Rulemaking Authority 380 FS. Law Implemented 380.05 FS. History–New 5-16-75, Formerly 22F-8.06, 27F-8.006, Repealed 1-12-14.

Chapter 28-30 LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY

Fla. Admin. Code R. 28-30.001 Short Title

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-9.01, Formerly 27F-9.01, 27F-9.001, Repealed 1-12-14.

Fla. Admin. Code R. 28-30.002 Purpose

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-9.02, Formerly 27F-9.02, 27F-9.002, Repealed 1-12-14.

Fla. Admin. Code R. 28-30.003 Local Comprehensive Plan

History

Rulemaking Authority 380.05(8), (11) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-9.03, Amended 12-28-83, Formerly 27F-9.03, 27F-9.003, Repealed 1-12-14.

Fla. Admin. Code R. 28-30.004 Development Order and Public Facilities Coordination

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Amended 7-13-77, Formerly 22F-9.04, Formerly 27F-9.04, 27F-9.004, Repealed 1-12-14.

Fla. Admin. Code R. 28-30.005 Special Zoning Districts

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Amended 7-13-77, Formerly 22F-9.05, Formerly 27F-9.05, 27F-9.005, Repealed 1-12-14.

Fla. Admin. Code R. 28-30.006 Community Impact Assessment Statement

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-9.06, Formerly 27F-9.06, 27F-9.006, Repealed 1-12-14.

Fla. Admin. Code R. 28-30.007 Land Clearing Permit

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-9.07, Formerly 27F-9.07, Transferred from 27F-9.007, Repealed 1-12-14.

Fla. Admin. Code R. 28-30.008 Tropical Hammock Vegetation Protection

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-9.08, Formerly 27F-9.08, Transferred from 27F-9.008, Repealed 1-12-14.

Fla. Admin. Code R. 28-30.009 Revegetation and Landscaping

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-9.09, Formerly 27F-9.09, Transferred from 27F-9.009, Repealed 1-12-14.

Fla. Admin. Code R. 28-30.010 Shoreline Protection

History

Rulemaking Authority 380.05(8) FS. Law Implemented 253.124, 380.05 FS. History–New 3-30-76, Formerly 22F-9.10, Formerly 27F-9.10, Transferred from 27F-9.010, Repealed 1-12-14.

Fla. Admin. Code R. 28-30.011 Waste Treatment and Disposal

History

Rulemaking Authority 380.05(8) FS. Law Implemented Public Law 92-500, Water Pollution Control Amendment 1972, Section 201, 380.05 FS. History–New 3-30-76, Formerly 22F-9.11, Formerly 27F-9.11, Transferred from 27F-9.01, Repealed 1-12-14.

Fla. Admin. Code R. 28-30.012 Modification of Subdivision Regulations

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Amended 7-13-77, Formerly 22F-9.12, Formerly 27F-9.12, Transferred from 27F-9.012, Repealed 1-12-14.

Fla. Admin. Code R. 28-30.013 Plumbing Code

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-9.13, Formerly 27F-9.13, Transferred from 27F-9.013, Repealed 1-12-14.

Fla. Admin. Code R. 28-30.014 Overseas Highway Protection

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Amended 7-13-77, Formerly 22F-9.14, Formerly 27F-9.14, Transferred from 27F-9.014, Repealed 1-12-14.

Fla. Admin. Code R. 28-30.015 Protection of Waste Treatment Sites

History

Rulemaking Authority 380.05(8), (11) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-9.15, Amended 12-28-83, Formerly 27F-9.15, Transferred from 27F-9.015, Repealed 1-12-14.

Fla. Admin. Code R. 28-30.016 Effective Date

History

Rulemaking Authority 380.05(8) FS. Law Implemented 120.54(11), 380.05 FS. History–New 3-30-76, Formerly 22F-9.16, Formerly 27F-9.16, Transferred from 27F-9.016, Repealed 1-12-14.

Fla. Admin. Code R. 28-30.017 Ordinances Incorporated by Reference

History

Rulemaking Authority 380.05(8), (11) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-9.17, Amended 12-28-83, Formerly 27F-9.17, Transferred from 27F-9.017, Repealed 1-12-14.

Fla. Admin. Code R. 28-30.018 Amendments

History

Rulemaking Authority 380.05(8), 380.05(11) FS. Law Implemented 380.05 FS. History–New 7-13-77, Formerly 22F-9.18, Formerly 27F-9.18, Transferred from 27F-9.018, Repealed 1-12-14.

Chapter 28-31 LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF KEY COLONY BEACH

Fla. Admin. Code R. 28-31.001 Short Title

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-10.01, 27F-10.01, 27F-10.001, Repealed 1-12-14.

Fla. Admin. Code R. 28-31.002 Purpose

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-10.02, 27F-10.02, 27F-10.002.

Fla. Admin. Code R. 28-31.003 Coordination of Development Orders with Public Facilities

Rulemaking c Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-10.03, 27F-10.03, 27F-10.003, Repealed 1-12-14.

Fla. Admin. Code R. 28-31.004 Community Impact Assessment Statement

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Amended 5-2-78, Formerly 22F-10.04, 27F-10.04, 27F-10.004, Repealed 1-12-14.

Fla. Admin. Code R. 28-31.005 Landscaping of Cleared Sites

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-10.05, 27F-10.05, 27F-10.005, Repealed 1-12-14.

Fla. Admin. Code R. 28-31.006 Effective Date

History

Rulemaking Authority 380.05(8) FS. Law Implemented 120.54(11), 380.05 FS. History–New 3-30-76, Formerly 22F-10.06, 27F-10.06, 27F-10.006, Repealed 1-12-14.

Fla. Admin. Code R. 28-31.007 Ordinance Incorporated by Reference

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Amended 5-2-78, Formerly 22F-10.07, 27F-10.07, 27F-10.007, Repealed 1-12-14.

Chapter 28-32 LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF LAYTON

Fla. Admin. Code R. 28-32.001 Short Title

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-11.01, 27F-11.01, 27F-11.001, Repealed 1-12-14.

Fla. Admin. Code R. 28-32.002 Purpose

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-11.02, 27F-11.02, 27F-11.002, Repealed 1-12-14.

Fla. Admin. Code R. 28-32.003 Land Use Regulations

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-11.03, 27F-11.03, 27F-11.003, Repealed 1-12-14.

Fla. Admin. Code R. 28-32.004 Effective Date

History

Rulemaking Authority 120.54(11), 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-11.04, 27F-11.04, 27F-11.04, Repealed 1-12-14.

Fla. Admin. Code R. 28-32.005 Ordinance Incorporated by Reference

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-11.05, 27F-11.05, 27F-11.005, Repealed 1-12-14.

Chapter 28-34 LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF NORTH KEY LARGO BEACH

Fla. Admin. Code R. 28-34.001 Short Title

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-13.01, Formerly 27F-13.01, 27F-13.001, Repealed 1-12-14.

Fla. Admin. Code R. 28-34.002 Purpose

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-13.02, Formerly 27F-13.02, 27F-13.002, Repealed 1-12-14.

Fla. Admin. Code R. 28-34.003 Shoreline and Mangrove Protection

History

Rulemaking Authority 380.05(8) FS. Law Implemented 253.124, 380.05 FS. History–New 3-30-76, Formerly 22F-13.03, Formerly 27F-13.03, 27F-13.003, Repealed 1-12-14.

Fla. Admin. Code R. 28-34.004 Site Clearing and Tree Protection

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05 FS. History–New 3-30-76, Formerly 22F-13.04, Formerly 27F-13.04, 27F-13.004, Repealed 1-12-14.

Fla. Admin. Code R. 28-34.005 Effective Date

History

Rulemaking Authority 380.05(8) FS. Law Implemented 120.54(11), 380.05 FS. History–New 3-30-76, Formerly 22F-13.05, Formerly 27F-13.05, 27F-13.005, Repealed 1-12-14.

Chapter 28-35 COASTAL ENERGY IMPACT PROGRAM

Fla. Admin. Code R. 28-35.010 Purpose

History

Rulemaking Authority 20.05(5), 120.53 FS. Law Implemented Section 308, Coastal Zone Management Act of 1972 (P. L. 92-583) as amended by P. L. 94-370. History–New 4-5-78, Formerly 22F-14.10, 27F-14.10, 27F-14.010, Repealed 6-25-12.

Fla. Admin. Code R. 28-35.020 Definitions

History

Rulemaking Authority 20.05(5), 120.53 FS. Law Implemented Section 308, Coastal Zone Management Act of 1972, (P. L. 92-583) as amended by P. L. 94-370. History–New 4-5-78, Formerly 22F-14.20, 27F-14.20, 27F-14.020, Repealed 6-25-12.

Fla. Admin. Code R. 28-35.030 Authority

History

Rulemaking Authority 20.05(5), 120.53 FS. Law Implemented Section 308, Coastal Zone Management Act of 1972 (P. L. 92-583) as amended by P. L. 94-370. History–New 4-5-78, Formerly 22F-14.20, 27F-14.30, 27F-14.030, Repealed 6-25-12.

Fla. Admin. Code R. 28-35.040 Provisions

History

Rulemaking Authority 20.05, 120.53 FS. Law Implemented Section 308, Coastal Zone Management Act of 1972 (P. L. 92-583) as amended by P. L. 94-370. History–New 4-5-78, Formerly 22F-14.40, 27F-14.40, 27F-14.040, Repealed 6-25-12.

Fla. Admin. Code R. 28-35.050 Applicant Eligibility

History

Rulemaking Authority 20.05(5), 120.53 FS. Law Implemented Section 308, Coastal Zone Management Act of 1972 (P. L. 92-583) as amended by P. L. 94-370. History–New 4-5-78, Formerly 22F-14.50, 27F-14.50, 27F-14.050, Repealed 6-25-12.

Fla. Admin. Code R. 28-35.060 Policy and Condition

History

Rulemaking Authority 20.05(5), 120.53 FS. Law Implemented Section 308, Coastal Zone Management Act of 1972 (P. L. 92-583) as amended by P. L. 94-370. History–New 4-5-78, Formerly 22F-14.60, 27F-14.60, 27F-14.060, Repealed 6-25-12.

Fla. Admin. Code R. 28-35.070 Procedure

History

Rulemaking Authority 20.05(5), 120.53 FS. Law Implemented Section 308, Coastal Zone Management Act of 1972 (P. L. 92-583) as amended by P. L. 94-370. History–New 4-5-78, Formerly 22F-14.70, 27F-14.070, Repealed 6-25-12.

Chapter 28-36 LAND PLANNING - BOUNDARY AND PRINCIPLES FOR GUIDING DEVELOPMENT FOR THE CITY OF KEY WEST

Fla. Admin. Code R. 28-36.001 Purpose

(1) Pursuant to Section VII, Article II, of the Florida Constitution, and Section 380.05, F.S., it is the purpose of these rules to define the boundary of the City of Key West Area of Critical State Concern and to provide principles for guiding development within the critical area in order to conserve and protect the natural, environmental, historical and economic resources, the scenic beauty, and the public facilities within the Area of Critical State Concern.

(2) The 1979 legislation designating the Florida Keys Area of Critical State Concern contained a special provision, Section 380.0552(3), F.S., that required the removal of the City of Key West upon approval by the State Land Planning Agency of the Land Use Element of the Local Government Comprehensive Plan. This was accomplished on June 26, 1981.

(3) Based on the recommendation of the Keys Resource Planning and Management Committee and the State Land Planning Agency, the Administration Commission determined to again designate the City of Key West as an Area of Critical State Concern. These principles are the basis for the City of Key West to prepare the Comprehensive Plan and Land Development Regulations for the designated Area of Critical State Concern. When the principles are properly implemented by the adoption and enforcement of the Comprehensive Plan and Development Regulations, then the advantages of coordinating development in the Area of Critical State Concern should be achieved.

History

Rulemaking Authority 380.05(1) FS. Law Implemented 380.05(1) FS. History–New 2-28-84, Formerly 27F-15.01, 27F-15.001.

Fla. Admin. Code R. 28-36.002 Boundary

The area designated as an Area of Critical State Concern encompasses the territorial boundaries of the City of Key West, Florida, including the entire Island of Key West, Monroe County, Florida, and all territories whether natural or filled, separated from the Island of Key West by artificial canals or natural channels or waterways, and all territories that have been filled in, built up and developed and areas not contiguous, adjacent to, or abutting on said Island of Key West and served by bridges or other direct connections therewith including bay bottoms owned by the City of Key West, Florida, also including all that part of Stock Island and bay bottoms lying northerly of United States Highway No. 1 which is now owned by the existing municipality of the City of Key West, Florida, the Florida Keys Junior College, and privately owned property and islands including natural or filled or submerged lands lying contiguous to or separated from Stock Island by artificial canals, natural channels, or waterways, particularly described as follows:

A tract of submerged land in the Bay of Florida in Section 27, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida, being more particularly described as follows:

Commence at the point of intersection of U.S. Highway No. 1 with the center line of “Old Country Club Road;” thence northwesterly along said center line of “Old Country Club Road” a distance of 1400 feet; thence North 60º00'' West a distance of 200 feet to the P. O. B.; thence continue North 60º00" West distance of 1548 feet to a point; thence continue North 30º00" East a distance of 1100 feet to a point; thence continue South 60º00" East a distance of 1548 feet to a point; thence continue South 30º00" West a distance of 1100 feet to the P. O. B. containing 39.06 acres, more or less.

A tract of submerged land in Section 27, Township 67 South, Range 25 East, offshore from the northwesterly shoreline of Stock Island in Monroe County, Florida, more particularly described as follows:

Commence at the intersection of the center line of U.S. Highway No. 1 and “Old Country Club Road;” thence northwesterly along the center line of said “Old Country Club Road” for a distance of 1400 feet; thence North 60º West, 200 feet; thence at right angles to the last named course, North 30º East, 1100 feet to the point of beginning of the property herein after described; from said point of beginning, thence at right angles to the last named course North 60º West, 1548 feet; thence North 76º East, 900 feet; thence South 34º East, 1040 feet; thence South 30º West, 160 feet, more or less, back to the point of beginning. Containing 13.05 acres, more or less. Lying and being in Section 27, Township 67 South, Range 25 East, Monroe County, Florida; provided, that no island lying between Roosevelt Boulevard on the easterly shore of the Island of Key West and Cow Key Channel shall be included in the territorial boundaries of the City of Key West, Florida, nor shall the property commonly known as Key Haven be included in the territorial boundaries of the City of Key West, Florida, nor shall the property known as Wisteria Island and/or any other islands situated and lying west of the Island of Key West be included in the territorial boundaries of the City of Key West, Florida (Sp. Acts, 70-762, Section 1).

History

Rulemaking Authority 380.05(1) FS. Law Implemented 380.05(1) FS. History–New 2-28-84, Formerly 27F-15.02, 27F-15.002.

Fla. Admin. Code R. 28-36.003 Principles for Guiding Development

(1) Objectives to Be Achieved.

(a) Strengthen local government capabilities for managing land use and development;

(b) Protection of tidal mangroves and associated shoreline and marine resources and wildlife;

(c) Minimize the adverse impacts of development of the quality of water in and around the City of Key West and throughout the Florida Keys;

(d) Protection of scenic resources of the City of Key West and promotion of the management of unique, tropical vegetation;

(e) Protection of the historical heritage of Key West and the Key West Historical Preservation District;

(f) Protection of the value, efficiency, cost-effectiveness and amortized life of existing and proposed major public investments, including:

The Florida Keys Aqueduct and water supply facilities,
Sewage collection and disposal facilities,
Solid waste collection and disposal facilities,
Key West Naval Air Station,
The maintenance and expansion of transportation facilities, and
Other utilities, as appropriate;

(g) Minimize the adverse impacts of proposed public investments on the natural and environmental resources of the City of Key West; and

(h) Protection of the public health, safety, welfare and economy of the City of Key West, and the maintenance of Key West as a unique Florida resource.

(2) Elements Requiring Regulation.

(a) Planning and Administration.

The City of Key West shall modify the Comprehensive Plan which guides development within its boundaries to be consistent with these principles. The Comprehensive Plan shall be implemented through development regulations, including zoning ordinances and maps, which are kept current and made available for reasonable public distribution and inspection. Development orders shall be issued only in conformance with the policies and standards of the Comprehensive Plan, development regulations and maps.
The City of Key West shall prepare and implement Capital Improvement Plans based on viable funding sources to provide adequate infrastructure for existing and future development.
Issuance of development orders shall be coordinated with and contingent upon provisions contained within the Capital Improvement Plan. Development shall not be approved which is inconsistent with or exceeds the services specified in the Plan.
Special planning and zoning districts shall be created for:

a. Environmentally sensitive areas including, without limitation, mangrove communities. Such areas shall be zoned with a maximum use density of one dwelling unit per acre. Site alteration in these areas shall be limited to 10% of the total site size. Density credit should be considered by local governments as an incentive for the preservation of environmentally sensitive areas.

b. Noise and hazard zones of the Key West Naval Air Station as delineated by the U.S. Navy Office of the Chief of Naval Operations. Development within such zones should be limited to that compatible with air operations. Implementation of this section should be closely coordinated with the Office of the Chief of Naval Operations. Similar districts should be created around civilian airfields in cooperation with the Florida Department of Transportation and the Federal Aviation Administration. Codes for airfield districts should clearly specify height limits for structures and other appropriate restrictions on development necessary to protect air operations and public health and safety.

A community impact statement shall be designed to enable local governmental officials to determine the proposed development’s favorable or unfavorable impact on the environment, natural resources, economy and the potential of the project to meet local or regional housing needs. The statement shall also require information relative to the project’s potential impact on public facilities, including without limitation, water, sewer, solid waste disposal and transportation facilities. A community impact assessment statement shall be submitted and approved prior to the issuance of development orders or site plan approval for the following developments:

a. Any development which includes building(s) in excess of 45 feet in height;

b. Any intensive land uses including: residential uses of 10 or more dwelling units per acre or 50 or more total dwelling units; and

c. Intensive business, commercial, or industrial uses.

Developments shall be encouraged in the Comprehensive Plan and development regulations to use clustering and other design techniques which would reduce public facilities costs, produce energy savings, and improve the scenic quality of the development. In addition, they shall conform to appropriate setback and open space requirements, stringent landscaping and land use compatibility requirements. Building and siting requirements shall reduce hurricane and fire damage potential and control access to City thoroughfares.
An evacuation plan consistent with regional and County plans shall be prepared and adopted which provides an opportunity for residents and visitors to evacuate to a place of safety during a natural disaster.

(b) Site Alteration Regulations.

Site alteration and landscaping regulations shall provide for:

A land clearing permit of limited duration issued upon approval of a site plan which includes a natural vegetation map, excepting minimal clearing required for survey.
Limitation of the size and species of trees allowed to be removed in clearing, including reasonable exceptions for structure sites and public safety. The ordinance shall provide protection for native tropical vegetation and tree species characteristic of West Indian tropical hardwood hammocks.
Revegetation and landscaping of cleared sites after construction.

The City of Key West, in cooperation with the Monroe County Waste Collection and Disposal District, shall establish criteria and regulations for the methods and location of the disposal of all solid waste and waste-water effluents and residuals.
Site alteration and subdivision regulations shall provide for:

a. Retention of runoff or discharge of such runoff into adequately sized natural vegetative filtration areas in a manner approximating the natural runoff regime.

b. Permanent drainage systems which make maximum use of natural drainage patterns, vegetative retention and filtration.

c. Maintenance of habitat for wildlife species, prevent the introduction of noxious vegetation, and minimize the alteration of transitional wetlands.

(d) Protection of Public Facilities and Investments.

The City of Key West, in cooperation with the Florida Keys Aqueduct Authority, shall amend all applicable plumbing codes to provide for the mandatory installation of water conserving fixtures in all new development and redevelopment.
Business, commercial and industrial development shall provide off street parking and limited controlled access points to City thoroughfares.
Existing and future waste treatment and disposal sites shall be protected from encroachment by land uses which would endanger their functions or existence.

(e) Historical Resource Protection.

A management and enforcement plan and ordinance shall be adopted by the City of Key West providing that designs and uses of development reconstruction within the Key West Historical Preservation District shall be compatible with the existing unique architectural styles and shall protect the historical values of the District.
The City of Key West shall maintain an architectural review board established pursuant to Section 266.207(2), F.S. Furthermore, the architectural review board shall receive notice of all applications for development within the City of Key West and participate in hearings as appropriate.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(1) FS. History–New 2-28-84, Formerly 27F-15.03, 27F-15.003.

Fla. Admin. Code R. 28-36.004 Administration

(1) The above guidelines are oriented towards protection of natural and historical resources and public investments of regional and State importance.

(2) The Comprehensive Plan and development regulations developed pursuant to these principles shall be:

(a) Performance oriented to maximize design flexibility.

(b) Administered by the municipal government in the same manner as local comprehensive plans, ordinances, and codes.

History

Rulemaking Authority 380.05 FS. Law Implemented 380.05(1) FS. History–New 2-28-84, Formerly 27F-15.04, 27F-15.004.

Chapter 28-37 COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS FOR THE CITY OF KEY WEST AREA OF CRITICAL STATE CONCERN

Fla. Admin. Code R. 28-37.001 Purpose and Effect

(1) The purpose of this Chapter is to establish land development regulations and a local comprehensive plan applicable within the City of Key West Area of Critical State Concern, pursuant to Section 380.05(8), F.S. It is the intent of the Administration Commission that this rule shall supplement those land development regulations approved by the Department of Commerce in Chapter 9B-30, F.A.C. This chapter and Chapter 9B-30, F.A.C., comprise the comprehensive plan and land development regulations for the City of Key West Area of Critical State Concern. To the extent that existing ordinances are not adopted in this rule or approved in Chapter 9B-30, F.A.C., such ordinances are not deemed to be “land development regulations” within the definition of Section 380.031(8), F.S.

(2) As provided in Section 380.05(10), F.S., the comprehensive plan and land development regulations adopted herein shall be superseded by regulations or amendments which are proposed by the City of Key West and approved by the Department of Commerce under the procedures found in Section 380.05(6), F.S.

(3) In the event of any inconsistency between the comprehensive plan and a land development regulation or graphic rendering, including but not limited to the zoning and land use maps, the text of the comprehensive plan shall control.

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05(8) FS. History–New 1-17-85, Formerly 27F-16.01, 27F-16.001.

Fla. Admin. Code R. 28-37.002 Comprehensive Plan

The City of Key West Comprehensive Plan, 1981, is incorporated by reference with the following amendments:

(1) Fiscal Structure and Economic Assumptions Element.

(a) Section I: Inventory and Analysis.

Page 2.0, add new page as follows:

Data found in this section were originally compiled prior to 1981. More current figures will be available no later than 1986 as part of the evaluation and appraisal report process required by Section 163.3191, F.S., to update this element of the Comprehensive Plan. This process will also involve information developed in planning studies prepared by the City of Key West Planning Department and the other revised elements of the Comprehensive Plan approved by the Administration Commission.

(b) Section II: Economic Assumptions.

Page 2.40, under F. Utilities and Services, delete the entire paragraph, and add:

Utilities and services are discussed in the Utilities and Public Services Element of the Comprehensive Plan. Problem areas are noted in the Fiscal Structure and Economic Assumptions, Traffic Circulation, and Utilities and Public Services Elements.

Page 2.47, add under Other Funding Sources the following paragraph (insert as new paragraph after first paragraph):

In order to accommodate demand for public services it is reasonable to require that new and expanding development or redevelopment pay an equitable and proportionate share of the necessary improvements. Such payments should be in the form of land dedications, impact fees or similar requirements to be incorporated in an appropriate ordinance. The City will continue to develop and evaluate various planning studies to determine the capacities of public services and the sources of impacts on those services.

(2) Open Space and Recreation Element.

Section III: Implementation Program

Page 3.36, under I.

Replace “To the extent possible allocate local expenditures on recreation facilities that will” with “Ensure that the allocation of local expenditures on recreation facilities will.”

(3) Intergovernmental Coordination Element.

Section II: Goals, Objectives and Policies.

Page 4.8, add the following:

Policy 1.E. In cooperation with the Monroe County Waste Collection and Disposal District, establish criteria and regulations for the methods and location of the disposal of all solid waste and wastewater effluents and residuals.

Policy 1.F. Ensure that existing and future waste treatment and disposal sites are protected from encroachment by land uses which would endanger their functions or existence.

(4) Conservation/Coastal Zone Protection Element.

(a) Section II: Goals, Objectives, and Policies.

Page 5.19, Policy 2.I., line 3.

Delete “extensive”

Page 5.19, Policy 2.L.

Delete “unduly”

Page 5.20, Policy 2.N.

Add after “seagrasses” the words “and reestablishment of plant material.”

Page 5.20, Policy 3.A.

Replace “should” with “shall”

Page 5.20, Policy 3.B.

Replace “should” with “shall”

Page 5.20, Policy 3.C.

Replace “should” with “shall”

Page 5.20, Policy 3.D.

Replace “should” with “shall”

Page 5.20, Policy 3.E.

Replace “should” with “shall”

Page 5.21, Policy 3.F.

Delete existing wording, replace with “The sale of submerged lands for the purpose of obtaining fill material shall be prohibited.”

Page 5.21, Policy 3.H.

Replace “should” with “shall” in both sentences.

Page 5.21, Policy 3.I.

Replace “should” with “shall”

Page 5.21, Policy 3.J.

Replace “should” with “shall”

Page 5.24, Policy 6.F.

Delete “particularly” and replace “discouraged” with “prohibited”

Page 5.24, Policy 7.A.

Replace “encourage that” with “regulate” and delete “occur”

Page 5.24, add:

“7.C. Environmentally sensitive areas including but not limited to wetland communities, mangroves, salt ponds, and tropical hardwood hammocks, shall not be allocated a density in excess of one unit per acre. To the extent site alteration is permitted, in no event shall site alteration exceed 10% of the total site size.”

Page 5.25, Policy 8.E.

Add: The Old Island Restoration Commission (OIRC) shall recommend to the City appropriate standards and guidelines for the protection of the architectural heritage of the historic district. The City shall consider this recommendation, and, no later than July 1, 1985, by ordinance, adopt standards and guidelines for the protection of the architectural heritage of the historic district.

(b) Section III: Implementation Program.

Page 5.28, under “Existing Local Regulations, 2.”

Delete “Sp. Acts 69-1187”

Page 5.29, continuing under “Existing Local Regulations, 3., 4. and 5.”

Delete “ # 79-45”

Delete “ # 78-14”

Replace “Major Development Ordinance # 76-5” with “Community Impact Assessment Ordinance,” and add: “6. Landscape Ordinance.”

(5) Traffic Circulation Element.

Section I: Inventory and Analysis.

(a) New page 7.3a, add as follows:

Traffic Circulation System, 1984

The Florida Department of Transportation is presently helping the City deal with numerous circulation problems by designing and conducting a Comprehensive Traffic Circulation Study which will result in recommendations for (1) an immediate action plan which will define needed low cost improvements and safety recommendations, and (2) a long-range 1995 transportation plan responsive to anticipated growth in population, employment and tourism.

This effort, in conjunction with the planning studies prepared by the City of Key West Planning Department, as well as future reports, will be used by the City to evaluate the impacts of future development on the existing transportation system.

Current studies describe problems in the existing street network. To a large extent, especially in the historic district, roads are too narrow to serve as major or minor arterial routes. To address this issue, studies will be necessary to explore alternatives to right-of-way expansions, where expansions are not feasible in many areas.

(b) Page 7.18, Policy 2.C.

Replace “Encourage” with “Develop”

Objective 4: Equitably distribute the cost of transportation system improvements.

Policies: 4.A. Develop a Capital Improvements Program with a transportation system component.

4.B. Where the City determines that applications for development approval will adversely impact the capacities of the transportation system, such approvals shall be withheld unless appropriate transportation system improvements are funded by some means, including but not limited to the option of development contributing its fair share to the necessary improvements.

(d) Add, new page 7.32, as follows:

New Development

The City will continue to study the impacts of new development on the existing transportation system. The Comprehensive Traffic Circulation Study, as well as other planning studies, may be used to identify current problem areas, and may serve as sources of information for the development of new funding sources by ordinances designed to equitably distribute the costs of transportation system improvements.

(6) Public Services and Utilities Element.

(a) Introductory Matter.

Page 8.2, add a new paragraph as follows:

The material found in this element is being revised by planning studies and the update process required by Section 163.3191, F.S. This information acknowledges the status of public utilities and services as they existed in 1981 and is retained for its historic significance. A study completed by the Key West City Planning Department in August, 1984, focused on problem areas continuing to face the City, such as water, sewer, solid waste, transportation, public safety, and electricity. The City will continue to revise all of this information as it works to document the capacities of existing public services.

Page 8.3, add new page as follows:

The planning studies prepared by the Planning Department specifically inventory several public services with respect to the impacts of future development on service capabilities. These studies and subsequent reports will be used as a basis for equitably distributing the costs of anticipated service improvements.

(b) Goals, Objectives, and Policies.

Page 8.21, Policy 1.D.

Replace “Encourage” with “Require”

Page 8.22

Insert Policy 2.D. – Establish, in coordination with Monroe County, criteria and regulations for the methods and location of the disposal of all solid waste and wastewater effluents and residuals.

Page 8.22

Insert Policy 2.E. – Develop and implement a Capital Improvement Plan to ensure adequate existing and future solid waste disposal. In doing so, develop standards for this public investment and identify viable funding.

Page 8.22, Policy 3.C.

Add sentence:

Coordinate with South Florida Water Management District for their review and comment on the proposals, where appropriate.

Page 8.23.

Insert Policy 4.D. – Protect existing and future waste treatment and disposal sites from encroachment by land uses which would endanger their functions or existence.

Page 8.23.

Insert Policy 4.E. – Establish, in coordination with Monroe County, criteria and regulations for the methods and location of the disposal of all solid waste and wastewater effluents and residuals.

Page 8.24a, add as follows:

Goal: Equitably distribute the cost of improved public services and utilities.

Objective 1: Equitably distribute the costs of services and utility expansions.

Policies:

1.A. The City will develop a Capital Improvement Program to address financing for necessary service and utility expansions.

1.B. Where the City determines that applications for development approval will adversely impact the capacities of utilities and services including, but not limited to water, sewer, solid waste disposal and transportation, such approvals shall be withheld unless appropriate utilities and service expansion are funded by some means, including but not limited to the option of development contributing its fair share to the necessary expansion cost.

Page 8.26.

Under “Potable Water,” delete “Ordinance 76-5” and add “a Community Impact Assessment Ordinance”

Page 8.27.

Under “Wastewater Treatment,” delete “Ordinance 76-5” and add “a Community Impact Assessment Ordinance”

Page 8.28.

Under “Drainage and Flood Control,” delete the final sentence of the third paragraph.

Page 8.29.

Under “Site Design Criteria,” delete existing paragraph c., and insert the following paragraph c.:

Retention of runoff or discharge of such runoff shall be into adequately sized natural vegetative filtration areas in a manner approximating the natural runoff regime.

Pages 8.30a and 8.30b.

Delete existing language, insert new definition.

Elevation

Buildings should have a minimum elevation as required by the base flood elevations in conformance with the Federal Flood Insurance Programs Flood Insurance Rate Maps (FIRM).

Following are building height regulations that will control future development and that will be incorporated into the City's development codes.

a. Definition of Building Height.

In a R-2H Zoning District, building height shall mean the vertical distance from the crown of the nearest adjacent street or the base flood elevation, whichever is higher, to the highest point of the proposed building.

In all other zoning districts, building height shall mean the vertical distance from the crown of the nearest adjacent street to the highest point of the proposed building.

Building height excludes elevator shafts, signs, antennas, ventilating shafts, air conditioning units and other non-living or nonleasable area, appurtenant structures, and incidental protrusions above the roof line. These exclusions shall be approved by the Building Department of the City of Key West.

b. Maximum Building Height.

District

Height

R-1

R-1A

R-1B

R-2

R-2H

HP-1

HP-2

HP-3

C-1

C-2

M-1

M-2

c. The City Commission may allow buildings in excess of the Maximum Building Height as a special exception. Provided, however, in the HP-2 district an additional five feet of building height shall be allowed when the roof is of a pitch design, which roof shall be approved by the Old Island Restoration Commission. In addition to any other conditions imposed by law, including but not limited to Section XV, Appendix A, Code of Ordinances, on the granting of special exceptions and prior to the Board's approval of a special exception relating to height, written findings shall be made by the Board that:

Screening, buffering or massing of structures will mitigate the visual impact of height;
The height will be compatible with surrounding structures; and
The additional height supports the public interest and advances positive land use policy rather than mere economic convenience of the applicant.

d. Structure Design.

In no case should areas created by elevated buildings be used for living units or as occupied leasable area. Thus, area below bottom floors should be restricted to the following use:

Parking.
Storage.
Recreation.
Utility Rooms.

Bottom floors must comply with all relevant sections of the Federal Flood Insurance Program and the City of Key West Building Code.

Page 8.30c.

Delete paragraphs and lines up to, but not including, heading Solid Waste.

New page 8.33, add new section as follows:

System Improvements.

The City, as described in the Fiscal Structure and Economic Assumptions, will continue to assess various methods of funding necessary for system improvements. At a minimum, such methods may include the adoption of impact fees consistent with principles established by the Florida Supreme Court and the creation of special taxing or municipal service districts.

(7) Future Land Use Plan Element.

(a) Section I: Inventory and Analysis.

New page 9.16a, add the following:

The provision of transportation and public services will have significant effects on future land use patterns within the City. In order to properly assess those effects, it is necessary to continually review existing capacities for sewers, solid waste, public safety, electricity, water and transportation, as well as other services. When new growth necessitates expansion or replacement of different system components, the City will identify those needs and how such improvements can be financed.

(b) Section II: Goals, Objectives, and Policies.

Page 9.24.

Add Policy F. Promote traditional waterfront uses.

Page 9.25, Policy B. Replace “should” with “shall”.
New page 9.26a, add:

Objective 4: Develop a hurricane evacuation plan consistent with regional and county plans that provides an opportunity for residents and visitors to evacuate to a place of safety during a natural disaster.

Policies:

a. It shall be the policy of the City to develop and adopt a hurricane evacuation plan consistent with regional and county plans. This plan shall be developed and adopted within twelve (12) months of the adoption of a hurricane evacuation plan by Monroe County.

b. After the adoption of a hurricane evacuation plan, any development that contains habitable units and that also meets the threshold requirements of the Community Impact Assessment Ordinance shall include in the assessment a statement of:

(I) The manner in which residents are informed of the plan.

(II) The developer’s responsibility under the plan.

c. Where appropriate, all City, County, State, Federal and other public buildings shall be built so as to incorporate hurricane mitigation measures such that the building may serve as an approved hurricane shelter in times of emergency.

Page 9.27, Policy B.

a. Third line – delete “i.e.,” and insert “including, but not limited to,”

b. Fourth line – delete the number 78-14,

c. Fourth line – delete “Major Development,” and insert “Community Impact Assessment.”

d. Fifth line – delete numbers 76-5 and 69-29 and insert after Key West: “Tree Ordinance, Landscape Ordinance.”

Page 9.32

Second line of page – delete “Major Development” and insert “Community Impact Assessment.”

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05(8) FS. History–New 1-17-85, Formerly 27F-16.02, 27F-16.002.

Fla. Admin. Code R. 28-37.003 Land Development Regulations

The following ordinances of the City of Key West are adopted, as amended herein, and are incorporated by reference as the land development regulations for the City of Key West:

(1) “The City of Key West Community Impact Assessment Ordinance,” Sections 24-1/2-31 through 24-1/2-40 of the City of Key West Code of Ordinances, including ordinances 76-5, 84-2 and 84-43; with the following amendments:

(a) Add to Section 24-1/2-34, under (b): “or, any residential development in which the gross residential density is 10 or more units per acre and the development requires rezoning, variance or special exception modifying the presently allowed density.”

(b) Section 24-1/2-34

Insert new:

(d) Any development which occurs in or adjacent to wetland communities as defined by marshes and shallow areas which may periodically be inundated by tidal waters and which are normally characterized by the prevalence of salt and brackish water vegetation capable of growth and reproduction in saturated soil, including but not limited to batis (Batis maritma), black mangroves (Avicennia germinans), red mangroves (Rhizophora mangle) and white mangroves (Laguncularia racemosa), Cord grass (Spartina spp.), Buttonwood (Conocarpus erectus), glasswort (Salicornia spp.), Key Grass (Monathocloe littoris), sea daisy (Borrichla spp.), and sea purslane (Sesuvium portulascasstrum).”

(d) becomes (e)

(e) becomes (f)

Add after “required,” “If no building permit has been issued within one calendar year from the date of approval of a development's CIAS, the approval shall expire and a new CIAS must be approved before any building permits can be issued.”

(d) Section 24-1/2-37(a)(5)

After “site” add:

“shall provide for:

(1) Retention of runoff or discharge of such runoff into adequately sized natural vegetative filtration areas in a manner approximating the natural runoff regime.

(2) Permanent drainage systems which make maximum use of natural drainage patterns, vegetative retention and filtration.”

(e) Section 24-1/2-37.

(a) Maps

Add:

(9) A natural vegetation map if the site includes wetland communities.

(f) Section 24-1/2-37.

Delete (d)(1) and substitute:

(d) Natural Resources.

(1) Natural Vegetation: If wetland communities are found in or adjacent to the site, describe all proposed site alterations in these areas including dredging, filling, spoil sites, canals and channels. Identify measures which have been taken to protect conditions and characteristics which promote shoreline stabilization, storm surge abatement, water quality maintenance, wildlife and marine resource habitats, and marine productivity. Illustrate how any activity or structure that will impact wetland communities will be performed, located, constructed and maintained to prevent or mitigate any adverse impacts to wetland communities.

(g) Section 24-1/2-2-37(g).

Add (4) as follows:

(4) Describe hurricane evacuation considerations which acknowledge the current evacuation and emergency operations plans, how project residents will be informed about these plans, and any developer responsibilities identified in such plans.

(h) Section 24-1/2-37(h).

Add:

(10) Provide evidence that any necessary permit, lease or other permission from the Florida Department of Environmental Protection has been obtained for any activity that will impact wetland communities or submerged lands.

(i) Add Section 24-1/2-41 – Site Plan Review.

Beginning January 2, 1986, prior to the issuance of any building permits, a site plan review approval shall be required of any project of eight (8) or more habitable units or non-residential projects which result in the creation or expansion of four thousand (4,000) square feet or more of building area. A non-refundable fee in the amount of $100.00 shall accompany the application. An additional fee shall be determined in the manner provided in Section 24-1/2-40. However, in those instances where both site plan review and impact statement review are required, the maximum fee shall not exceed $6,000.00.

Beginning July 1, 1986, prior to the issuance of any building permits, a site plan review approval shall be required of any project of three (3) or more habitable units, or non-residential projects which result in the creation or expansion of 500 square feet or more of building area. A non-refundable fee in the amount of $100.00 shall accompany the application. An additional fee shall be determined in the manner provided in Section 24-1/2-40. However, in those instances where both site plan review and impact statement review is required, the maximum fee shall not exceed $6,000.00.

If a proposed project is abandoned for a new project or is substantially changed in the opinion of the zoning official, a new fee will be charged for the project.

The purpose of the site plan procedure is to aid the developer through approval of preliminary plans prior to development of complete construction drawings. Approvals should be secured prior to the construction document phase. The required site plan submission may be submitted along with construction drawings at the time of building permit application. However, a building permit will not be issued until site plan approval has been granted.

Section 1. Consideration in reviewing Site Plan. The following will be considered, depending on the nature of the project, by the Zoning Official for site plan approval and by those departments, agencies and persons reviewing and evaluating site plans:

A. Compliance with all City policies, standards and zoning regulations.

B. The provision of adequate, safe vehicular and pedestrian circulation.

C. The provision of adequate open space and landscaping.

D. The provision of surface run-off and site drainage.

The retention of runoff or discharge shall be incorporated into adequately sized natural vegetative filtration areas in a manner approximating the natural runoff regime. Permanent drainage systems which make maximum use of natural drainage patterns, vegetative retention and filtration shall be required.

E. Consistency with the Key West Comprehensive Plan.

Section 2. Information Included in Site Plan. A site plan for the purposes of this Section shall include, but not necessarily be limited to the following requirements. All drawings must be drawn to scale. All projects requiring preparation by an architect or engineer shall be completed in accordance with Chapters 471 and 481, Florida Statutes, as amended, which establish standards for the qualifications, licensing, and registration of these professions and further prescribes a form of seal to be used by all valid registrants. Each site plan application shall be signed by the legal owner or authorized agent with power of attorney.

A. All Site Plan applications shall include, where applicable:

General Information.

a. Street address and complete legal description of the site.

b. Description of the project, including total lot area, total building area, building square footage by type, site coverage, square footage of paved areas and open areas, number of dwelling units, along with other pertinent information.

Drawings.

a. Map illustrating existing land uses within 100 feet of the site.

b. Site Plan.

(I) Site boundaries including existing and proposed easements and rights-of-way.

(II) Location and use of all buildings and structures on the site, showing existing and proposed buildings.

(III) Location and character of all:

• Paved areas and parking areas, including walkways, indicating wearing surface materials.

• Outside facilities for waste disposal, storage or display, and related screening.

• Open space and landscaping, including the height of all perimeter walls, fences, hedges, ornamental walls and other screening devices.

• Curb cuts on the site.

c. Generalized floor plan indicating dimensions and square footage of each use of all building, building addition, or structure; and indicating new and existing construction.

d. Elevation drawings showing the sides, front and rear of the proposed building or building addition, indicating the exterior construction material and color, height between floors, first floor, elevation and roof height.

e. Additional drawings such as perspective, transverse section, etc. may be submitted to more accurately depict a project.

f. Location, character and orientation of signs and outdoor lighting.

g. Systems for controlling stormwater runoff.

B. Supplemental Requirements.

Those projects located on or along a shoreline shall include the following:

a. Any easements or rights-of-way providing public access to the shoreline.

b. The location and type of any existing or proposed bulkhead.

The Zoning Official may require that additional information be included in site plans, including but not limited to information concerning:

a. Protection of vegetation.

b. Shoreline protection.

c. Flood protection and elevations.

d. Consistency with the Key West Comprehensive Plan.

Identification of the size and nature of any recreation facilities being provided on the site.

(2) “The Zoning Ordinance of the City of Key West, Florida,” Appendix A of the Code of Ordinances (except for those sections approved in Chapter 9B-30, FAC) with the following amendments:

(a) Section I, page 2861, line 1.

Change “Milo Smith and Associates, Inc.” to “Regional Research Associates.”

(b) Section I, page 2862, line 4.

Change “Milo Smith and Associates, Inc.” to “Regional Research Associates.”

Add new paragraph (1)(f) to read:

“Environmentally sensitive areas including but not limited to wetland communities, mangroves, tropical hardwood hammocks and salt ponds shall be zoned with a maximum density of one unit per acre. Site alteration shall be limited to a maximum of 10% of the total site size.”

(d) Section VII, page 2873(2)(k).

Change “35 feet” to “25 feet.”

(e) Section VII, page 2876(3)(j).

Change “40 feet” to “25 feet.”

(f) Section VII, page 2878(4)(k).

Change “40 feet” to “25 feet.”

(g) Section VII, page 2884.1(7)(j)1.

Change “40 feet” to “30 feet.”

(h) Section VII, page 2884.1(7)(j)2.

Change “40 feet” to “30 feet.”

(i) Section VII, page 2886(8)(j).

Change “40 feet” to “35 feet.”

Add “provided, however, an additional 5 feet of building height shall be allowed when the roof is of a pitched design, which roof shall be approved by the OIRC.”

(j) Section VII, page 2886.2(8A)(j).

Change “40 feet” to “30 feet.”

(k) Section VII, page 2895(11)(j).

Change “40 feet” to “35 feet.”

(l) Section VII, page 2896(12)(j).

Change “none” to “35 feet.”

(m) Section VII, page 2896.3(13)(a)(4).

Change “four (4) stories” to “40 feet.”

(n) Section IX, page 2912(1)(a).

Replace paragraph with:

Definition of off-street parking spaces: For the purpose of this ordinance, the term “off street parking space” shall be a minimum of nine feet (9ꞌ) wide and twenty feet (20ꞌ) long. Driveways for a parking area shall be a minimum of twenty feet (20ꞌ) wide (two-way) and twelve feet (12ꞌ) wide (one-way).

(o) Section XIII, page 2929(4)a, line 2.

Change “HP-1 and HP-2 Districts” to “HP Districts.”

(p) Section XIII, page 2929(4)b, line 1.

Change “HP-1 and HP-2” to “the HP.”

(q) Section XIII, page 2929(4)(c), line 1.

Replace “In a district zoned HP-1 or HP-2” with “In an HP district.”

(r) Section XIII, page 2929(4)(c), line 5.

Replace “HP, and HP-2” with “HP.”

(s) Section XIV, page 2931(1), line 6.

Replace “either of the two (2)” with “any of the”

(t) Section XXIV, page 2945(16).

Replace entire paragraph with:

Definition of Building Height.

In all other zoning districts, building height shall mean the vertical distance from the crown of the nearest adjacent street to the highest point of the proposed building.

(u) Section XXIV, page 2954(51)a, line 4.

Add “The lot line of a lot abutting a public street shall be deemed the front lot line. The front yard of a corner lot shall be that yard abutting the street with the least frontage unless otherwise determined by a street address assigned to the property on a recorded plat or deed.”

(v) Amendments to Section VII which have been adopted by the City of Key West in the following ordinances:

Ordinance 84-13, adopted April 2, 1984.
Ordinance 84-28, adopted July 16, 1984.
Ordinance 84-41, adopted October 1, 1984.

(3) “Trees,” Chapter 35, Sections 35-1 through 35-27, Code of Ordinances of the City of Key West, with the following amendments:

(a) Section 35-3(a), line 5, page 2675.

Add, after “trimming.”

“An application for tree removal shall include a site plan, including a natural vegetation map, excepting when minimal clearing is required for a survey.”

(b) Section 35-5, pages 2677-2679.

Add, to list of species:

“Buttonwood – Conocarpus erectus, Red Mangrove – Rhizophora mangle, Black Mangrove – Avicennia germinans, White Mangrove – Laguncularia racemosa.”

Upon conviction, a violator of any provision hereof shall be subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment in jail for a period not to exceed sixty (60) days or both such fine and imprisonment, in the discretion of the court; and each individual tree cut down, destroyed, removed or moved shall constitute a separate offense. In addition to the fine, the violator shall be required to restore the site with like vegetation as outlined in a restoration plan approved by the building department.

Civil Remedies

In addition to any other remedies provided by this Article the City shall have the following judicial remedies available for violations of this Article or any permit condition promulgated under this Article.

(a) The City may institute a civil action in a court of competent jurisdiction to establish liability and to recover damages for any injury caused by the removal of vegetation in contravention of the terms of this Article.

(b) The City may institute a civil action in a court of competent jurisdiction to impose and recover a civil penalty for each violation in an amount of not more than five thousand dollars ($5,000) per offense. However, the court may receive evidence in mitigation. Each tree unlawfully removed under the provisions of this Article shall constitute a separate offense hereunder.

(c) The City may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with this Article to enjoin any violation hereof; and to seek injunctive relief to prevent irreparable injury to the vegetation or properties encompassed by the terms of this Article.

(4) “Landscaping,” Chapter 17-1/2, City of Key West Code of Ordinances, Sections 17-1/2-1 through 17-1/2-9, with the following amendments:

(a) Add in Section 17-1/2-5(a), page 1561 after “proposed landscape development,” “. . . and site drainage patterns and systems.”

(b) In Section 17-1/2-6(f), “Prohibited trees,” page 1564, delete “. . . or utilized in any manner to fulfill the requirements of this chapter.”

(5) “Subdivisions,” Chapter 30, City of Key West Code of Ordinances, Sections 30-1 through 30-48, with the following amendment:

Section 30-45, “Drainage,” page 2408, Add:

“The retention of runoff or discharge shall be incorporated into adequately sized natural vegetative filtration areas in a manner approximating the natural runoff regime. Permanent drainage systems which make maximum use of natural drainage patterns, vegetative retention and filtration shall be required.”

(6) Ordinance 84-17, adopted by the City of Key West on May 21, 1984, amending the Future Land Use Element of the Comprehensive Plan.

(7) Ordinance 84-31, adopted by the City of Key West on August 20, 1984, amending Chapter 9 of the Code of Ordinances, “Buildings and Construction.”

History

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05(8) FS. History–New 1-17-85, Formerly 27F-16.03, 27F-16.003.

Chapter 28-40 PROCEDURES FOR WITHHOLDING WAGES TO REPAY EDUCATIONAL LOANS IN DEFAULT

Fla. Admin. Code R. 28-40.001 Purpose

The purpose of this chapter is to establish procedures for withholding, from the wages of employees of the State or any of its political subdivisions, amounts necessary to repay outstanding balances of educational loans in default and to establish a standard method of calculating such withholding amounts.

History

Rulemaking Authority 112.175(2) FS. Law Implemented 112.175 FS. History–New 5-27-90.

Fla. Admin. Code R. 28-40.002 Definitions

As used in this rule:

(1) Agency which holds educational loans. Any agency of the State or its political subdivisions which is the obligee or assignee of an educational loan.

(2) Default. The failure of a borrower to make an installment payment when due, or to meet other terms of an educational loan provided that this failure persists for:

(a) 180 days for a loan repayable in monthly installments; or

(b) 240 days for a loan repayable in less frequent installments.

(3) Educational Loan. A loan made or guaranteed by the State or any of its political subdivisions for the purpose of providing a student or parent borrower with financial assistance for the beneficiary to pursue an education. As used in the rule chapter, the term “educational loan” includes, but is not limited to, loans authorized pursuant to Title IV, Part B of the Higher Education Act of 1965, as amended (20 U.S.C. 1071, et seq.), and loans, scholarship loans and fellowship loans authorized pursuant to Chapter 240, Part IV, F.S.

(4) Employee. Any elected or appointed official or any person employed by the State or any of its political subdivisions.

(5) Employer. Any employing agency of the State or of its political subdivisions.

(6) Pay. Total wages or compensation of an employee excluding payments for overtime.

(7) Political subdivision. Any county, municipality, special district, district school board, community college, or other government entity except agencies of the federal government.

(8) Annual Leave. Authorized leave of absence with pay granted an employee for vacation or other personal purposes.

(9) Sick Leave. Authorized leave of absence with pay granted an employee for the employee’s personal illness and injury or for the illness or injury of a member of an employee’s immediate family when the employee’s presence with the family member is necessary.

History

Rulemaking Authority 112.175(2) FS. Law Implemented 112.175(2) FS. History–New 5-27-90.

Fla. Admin. Code R. 28-40.003 Identification of Employees in Default on Educational Loans

(1) Upon the effective date of this rule chapter, and not less frequently than every three months thereafter, the Department of Education will compile a list of borrowers who have defaulted on educational loans. The list shall identify the agency holding the loan and shall include the borrower’s social security number. An agency, other than the Department of Education, which holds educational loans may submit the names of its defaulted borrowers to the Department of Education for inclusion on the list. Such submissions must be made by the fifteenth (15th) day of the month preceeding the day on which the list is scheduled to be compiled and shall include the borrower’s social security number and the identity of the agency holding the loan. This information shall be in tape and hard copy media.

(2) The Department of Education shall submit the list of default borrowers compiled pursuant to subsection (1) above to the following offices within fifteen (15) days of its creation: Unemployment Compensation Division of the Department of Economic Opportunity, Office of the Comptroller of the Department of Banking and Finance, and the Division of Retirement of the Department of Management Services. The list shall be provided in tape and hard copy media and shall include the information specified in subsection (1) above.

(3) The Departments of Economic Opportunity, Banking and Finance, and Management Services shall match their records to the list of default borrowers provided by the Department of Education within fifteen (15) days of receipt. Each shall provide to the Department of Education a new list of default borrowers which contains such additional information from its records as is readily available to locate employees in default on educational loans. For matched borrower records, such additional information shall include, the identity and address of the employer, the address of the employee, and the pay of the employee. For unmatched borrower records, such additional information shall include an indication that no record of the borrower was found.

(4) From the listings it receives from the Department of Economic Opportunity, the Department of Banking and Finance, and the Department of Management Services, the Department of Education shall provide information to the other agencies holding educational loans. Such information shall include the additional information received for the matched borrower records submitted by each agency and shall be provided within fifteen (15) days of receipt.

History

Rulemaking Authority 112.175(2) FS. Law Implemented 112.175(2) FS. History–New 5-27-90, Amended 1-5-93.

Fla. Admin. Code R. 28-40.004 Notice of Default

(1) In order to pursue remedies under Section 112.175, F.S., an agency which holds educational loans shall serve notice on any employee who has defaulted on such a loan held by the agency. The notice shall advise the employee of the existing default condition and provide the employee with a statement of the outstanding balance due on the loan. A copy of the default notice shall also be served on the employing agency. The notice shall advise the employee that pursuant to Section 112.175, F.S., involuntary wage withholding proceedings will commence within sixty (60) days unless the employee successfully negotiates a voluntary wage withholding agreement with the agency holding the loan.

(2) The default notice shall advise the employee of his right to inspect and copy records relating to the debt. It shall also advise the employee of his right to request and be provided a hearing if, on or before the fifteenth (15th) day following receipt of the default notice, a petition, challenging the existence or amount of the debt or the default condition, is filed with the agency holding the loan.

History

Rulemaking Authority 112.175(2) FS. Law Implemented 112.175(2) FS. History–New 5-27-90.

Fla. Admin. Code R. 28-40.005 Negotiation of Voluntary Wage Withholding

(1) The employee shall be given sixty (60) days from service of the default notice to enter into a voluntary repayment agreement with the agency holding the loan providing for repayment of the loan through payroll deduction. After such time, the employee shall be deemed to have consented to the involuntary withholding of his pay for the repayment of the loan.

(2) It is within the discretion of the agency holding the loan and the employee to determine the amount of pay that will be voluntarily withheld to repay outstanding default loans.

(3) In the event the agency holding the loan and the employee are able to negotiate a voluntary wage withholding agreement, the agency holding the loan shall serve notice of intent to voluntarily withholding pay on the employee and his employer. This notice shall include the name of the employee, the outstanding balance of the educational loan, the amount of pay to be withheld and the name and address of the agency to which the withheld pay is to be remitted.

(4) The voluntary withholding of employee pay shall commence within forty (40) days after service of the notice of intent to voluntarily withhold pay and shall continue until the agency holding the loan notifies the employer to cease withholding the employee’s pay.

(5) The agency holding the loan shall notify the employer to cease withholding the employee’s pay at the time the employee’s educational loan is paid in full.

(6) Notwithstanding any provision in this section to the contrary, in the event an employee terminates his employment with his employer or the employee’s employment is terminated by his employer and there remains an outstanding balance on the educational loans in default, an amount equal to ten (10) percent of payments, including but not limited to sick or annual leave payments, due the employee or an amount equal to the outstanding balance of the educational loans, whichever is less, shall be withheld for repayment of the educational loans.

(7) The employer shall remit all sums withheld pursuant to a voluntary wage withholding agreement to the agency at the address provided in the notice of intent to voluntarily withhold pay.

History

Rulemaking Authority 112.175(2) FS. Law Implemented 112.175(2) FS. History–New 5-27-90, Amended 1-5-93.

Fla. Admin. Code R. 28-40.006 Involuntary Withholding of Employee Pay

(1) If after a sixty (60) day period from service of the default notice specified in subsection 28-40.004(1), Florida Administrative Code (F.A.C.), a negotiated repayment schedule is not agreed upon by the employee and the agency holding the loan, or if the employee fails to adhere to the terms and conditions of the negotiated voluntary repayment agreement, or if the employee does not prevail in the hearing requested pursuant to subsection 28-40.004(2), F.A.C., a notice of intent to involuntarily withhold pay will be served by the agency holding the loan upon the employee and the employer. The notice shall include the name of the employee, the outstanding balance of the education loan, the amount of pay to be withheld, and the name and address of the agency to which the withheld pay is to be remitted.

(2) Involuntary withholding of employee pay shall commence within forty (40) days after service of the notice of intent to involuntarily withhold pay and shall continue until the agency holding the loan notifies the employer to cease withholding the employee’s pay.

(3) The agency holding the loan shall notify the employer to cease withholding the employee's pay at the time the employee’s educational loan is paid in full.

(4) Notwithstanding any provision in this section to the contrary, in the event an employee terminates his employment with his employer or the employee's employment is terminated by his employer and there remains an outstanding balance on the educational loans in default, an amount equal to ten (10) percent of payments, including but not limited to sick or annual leave payments, due the employee or an amount equal to the outstanding balance of the educational loans, whichever is less, shall be withheld for repayment of the educational loans.

(5) The employer shall remit all sums withheld pursuant to involuntary wage withholding to the agency at the address provided in the notice of intent to involuntarily withhold pay.

History

Rulemaking Authority 112.175(2) FS. Law Implemented 112.175(2) FS. History–New 5-27-90.

Fla. Admin. Code R. 28-40.007 Calculation of Involuntary Withholding from Pay

(1) The amount of pay to be involuntarily withheld shall be determined based on the outstanding balance of the educational loan, the employee’s pay and the number of dependents supported by the employee. Such withholding of pay shall be in a percentage as determined by the agency holding the loan in accordance with the following table:

Outstanding Balance of Loan

Annual Employee Pay

$0-2,899

$2,900-5,199

$5,200 +

$0-19,499

7.5%

$19,500-31,800

8.5%

$31,801 +

9.5%

10%

(2) The percentage of pay to be involuntarily withheld as determined from the table shall be reduced by five-tenths (.5) percent for each dependent of the employee that is supported by the employee; provided, however, that the maximum reduction allowed for all employee dependents shall be one (1) percent.

(3) The amount of pay to be involuntarily withheld per pay period shall be calculated by dividing the annual amount of pay to be withheld by twelve (12) for employees on a monthly payroll, by twenty-four (24) for employees on a bi-monthly payroll, by twenty-six (26) for employees on a bi-weekly payroll and by fifty-two (52) for employees on a weekly payroll.

(4) Under no circumstances may an amount in excess of ten (10) percent per pay period of the pay of an employee be required to be withheld by the agency holding the loan as part of the involuntary repayment schedule or plan. However, an employee may, by written consent, agree to a repayment schedule that provides for withholding of the employee's pay in an amount that otherwise exceeds the involuntary wage withholding provisions of this rule chapter, including a repayment schedule that exceeds ten (10) percent of the employee's pay per pay period.

(5) The amount of pay to be involuntarily withheld shall be recalculated by the agency holding the loan each year in the employee’s birth month, provided that at least twelve (12) months have passed since the initial withholding calculation was made. Adjustments shall be made to employee’s wage withholding based on changes in employee’s pay or changes in the number of employee’s dependents. For purposes of this recalculation, the determination of the percentage of employee’s pay to be withheld shall be made based on the original outstanding balance of the loan for which the employee's pay is being involuntarily withheld without regard to subsequent employee payments which may have reduced such balance.

History

Rulemaking Authority 112.175(2) FS. Law Implemented 112.175(2) FS. History–New 5-27-90.

Fla. Admin. Code R. 28-40.008 Notices

All notices to employees shall be deemed served when mailed by certified mail, return receipt requested. All notices to employers shall be deemed served when mailed by regular U.S. mail.

History

Rulemaking Authority 112.175(2) FS. Law Implemented 112.175(2) FS. History–New 5-27-90.

Fla. Admin. Code R. 28-40.009 Hearings

A hearing shall be provided if the employee, on or before the fifteenth (15th) day following receipt of the notice of default, files a petition challenging the existence or amount of the debt or the default condition with the agency holding the loan. The hearing may be conducted by the head of the agency holding the loan or his designee unless the employee is under the supervision or control of the agency head, or the hearing may be conducted by an administrative law judge from the Division of Administrative Hearings. A final order shall be entered at the earliest practicable date following the hearing, which shall not be more than ninety (90) days after the filing of the petition requesting the hearing. The timely filing of a petition shall stay withholding procedures until a final order is entered.

History

Rulemaking Authority 112.175(2) FS. Law Implemented 112.175(2) FS. History–New 5-27-90.

Fla. Admin. Code R. 28-40.010 Collection Agencies and Loan Servicing Agencies

Nothing in this rule chapter shall be construed to limit or interfere with prior arrangements made by an agency holding educational loans with a collection agent or a loan servicing agent.

History

Rulemaking Authority 112.175(2) FS. Law Implemented 112.175(2) FS. History–New 5-27-90.

Chapter 28-42 Municipal Law Enforcement Agency Budget Appeal Process

Fla. Admin. Code R. 28-42.001 Scope and Applicability of Chapter

History

Rulemaking Authority 14.202, 166.241(4)-(5) FS. Law Implemented 166.241(4)-(5) FS. History‒New 8-8-21, Repealed 11-27-23.

Fla. Admin. Code R. 28-42.002 Time Periods

History

Rulemaking Authority 14.202, 166.241(4)-(5) FS. Law Implemented 166.241(4)-(5) FS. History‒New 8-8-21, Repealed 11-27-23.

Fla. Admin. Code R. 28-42.003 Filing Documents

History

Rulemaking Authority 14.202, 166.241(4)-(5) FS. Law Implemented 166.241(4)-(5) FS. History‒New 8-8-21, Repealed 11-27-23.

Fla. Admin. Code R. 28-42.004 Initiation of an Appeal

History

Rulemaking Authority 14.202, 166.241(4)-(5) FS. Law Implemented 166.241(4)-(5) FS. History‒New 8-8-21, Repealed 11-27-23.

Fla. Admin. Code R. 28-42.005 Executive Office of the Governor Procedures Upon Receipt of an Appeal

History

Rulemaking Authority 14.202, 166.241(4)-(5) FS. Law Implemented 166.241(4)-(5) FS. History‒New 8-8-21, Repealed 11-27-23.

Fla. Admin. Code R. 28-42.006 Withdrawal of Appeals

History

Rulemaking Authority 14.202, 166.241(4)-(5) FS. Law Implemented 166.241(4)-(5) FS. History‒New 8-8-21, Repealed 11-27-23.

Fla. Admin. Code R. 28-42.007 Budget Analysis

History

Rulemaking Authority 14.202, 166.241(4)-(5) FS. Law Implemented 166.241(4)-(5) FS. History‒New 8-8-21, Repealed 11-27-23.

Fla. Admin. Code R. 28-42.008 Budget Hearing

History

Rulemaking Authority 14.202, 166.241(4)-(5) FS. Law Implemented 166.241(4)-(5) FS. History‒New 8-8-21, Repealed 11-27-23.

Fla. Admin. Code R. 28-42.009 Administration Commission Hearing and Final Order

History

Rulemaking Authority 14.202, 166.241(4)-(5) FS. Law Implemented 166.241(4)-(5) FS. History‒New 8-8-21, Repealed 11-27-23.

Chapter 28-43 Sheriff Budget Proceedings

Fla. Admin. Code R. 28-43.001 Scope and Applicability of Chapter

The rules in this Chapter 28-43, F.A.C., shall govern the receipt and disposition of all Sheriffs’ budget appeals and applications under Section 30.49, F.S.

History

Rulemaking Authority 14.202, 30.49(4)-(5), (10) FS. Law Implemented 30.49(4)-(5), (10) FS. History‒New 8-8-21.

Fla. Admin. Code R. 28-43.002 Time Periods

In computing any period of time prescribed or allowed by these rules the time period shall be calculated in accordance with Rule 28-106.103, F.A.C.

History

Rulemaking Authority 14.202, 30.49(4)-(5), (10) FS. Law Implemented 30.49(4)-(5), (10) FS. History‒New 8-8-21.

Fla. Admin. Code R. 28-43.003 Filing Documents

All documents, including the initial petition, shall be filed electronically.

History

Rulemaking Authority 14.202, 30.49(4)-(5), (10) FS. Law Implemented 30.49(4)-(5), (10) FS. History‒New 8-8-21.

Fla. Admin. Code R. 28-43.004 Initiation of an Appeal

(1) Parties. The Petitioner shall be the Sheriff. The Respondent shall be the governing body of the county, either the board or commission.

(2) Filing the Petition. When the Sheriff files an appeal, he or she shall do so by completing Form AC-SBA 001, Petition Packet, and filing electronically with the Administration Commission. Form AC-SBA 001 is hereby incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13345. Copies of the form are available by contacting the Clerk of the Administration Commission at Office of the Governor, Room 1802, The Capitol, Tallahassee, Florida 32399-0001. The effective date of the form is 09/2021. The Sheriff shall direct the petition to the Secretary of the Administration Commission within the Executive Office of the Governor and shall serve a copy of the petition on the board or commission or the clerk of the circuit court located within the county.

(3) Filing a Response. The board or commission may file a response electronically within five working days after service. The response must set forth the budget requested by the Sheriff and the budget approved by the County, and must list (by functional category and object code) the specific changes the County made to the Sheriff’s requested budget. The response must also fully address the reasons or grounds for the appeal stated by the Sheriff. The board or commission should direct the response to the Secretary of the Administration Commission within the Executive Office of the Governor.

(4) The Secretary of the Administration Commission and his or her staff may request additional budgetary information from the current fiscal year and the two previous fiscal years including draft budgets, budget amendments, or budget meeting minutes.

History

Rulemaking Authority 14.202, 30.49(4)-(5) FS. Law Implemented 30.49(4)-(5) FS. History‒New 8-8-21.

Fla. Admin. Code R. 28-43.005 Executive Office of the Governor Procedures Upon Receipt of an Appeal

(1) Receipt. Upon receipt of an appeal, the case will be assigned to staff in the Executive Office of the Governor.

(2) Transmittal of Appeal Petition to Board or Commission. After serving the petition on the board or commission, the Sheriff shall submit Form AC-SBA 002, Certificate of Service, to the Secretary of the Administration Commission. Form AC-SBA 002 is hereby incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13343. Copies of the form are available by contacting the Clerk of the Administration Commission at Office of the Governor, Room 1802, The Capitol, Tallahassee, Florida 32399-0001. The effective date of this form is 09/2021.

(3) Upon receipt of a response or when the time for filing a response has expired, the Secretary of the Administration Commission shall send to the Sheriff and the board or commission an electronic acknowledgment of receipt of the appeal and shall provide contact information for the assigned staff.

History

Rulemaking Authority 14.202, 30.49(4)-(5) FS. Law Implemented 30.49(4)-(5) FS. History‒New 8-8-21.

Fla. Admin. Code R. 28-43.006 Withdrawal of Appeals

After an appeal has been filed with the Commission, the Sheriff has the right to withdraw the appeal any time before the hearing with the Administration Commission. Withdrawal shall be requested through an electronic filing signed by the Sheriff. After receiving the request for withdrawal, the Secretary shall enter an order dismissing the appeal.

History

Rulemaking Authority 14.202, 30.49(4)-(5) FS. Law Implemented 30.49(4)-(5) FS. History‒New 8-8-21.

Fla. Admin. Code R. 28-43.007 Budget Analysis

(1) Scope of Analysis. Analyses shall be limited to the issues of the appeal, but shall include: (a) a comparison of the Sheriff’s budget to other county agencies with particular attention paid to other county constitutional officers; and (b) a comparison of the County’s law enforcement data and the Sheriff’s staffing to other county law enforcement data/staffing.

(2) Comparison with Other Entities Within the County. The assigned staff shall determine whether the board or commission disproportionately altered the Sheriff’s requested budget as compared to other entities’ budgets within the county. The staff shall compare budget data from two previous years as well as the year being appealed and compare this data to other entities’ data within the county.

(3) Comparison to Sheriff’s Data From Other Counties. The assigned staff shall determine whether the Sheriff has a similar amount of resources to provide law enforcement services to the county as compared to other counties of a comparable size and population. The staff shall compare law enforcement data for the two previous years and shall compare this data to other counties’ data.

(4) Factual Disputes. Factual disputes that arise during the appeal process will be resolved by the Administration Commission.

History

Rulemaking Authority 14.202, 30.49(4)-(5) FS. Law Implemented 30.49(4)-(5) FS. History‒New 8-8-21.

Fla. Admin. Code R. 28-43.008 Budget Hearing

(1) Notice. After receiving all of the required information from the parties, the assigned staff shall prepare a Memorandum for the Sheriff and the board or commission which includes: (a) the date and location of the budget hearing; and (b) a summary of the individual issues under appeal. Additionally, the staff will notice the hearing in the Florida Administrative Register at least seven days prior to the date of the hearing.

(2) Panel. The budget hearing panel shall consist of three staff members from the Executive Office of the Governor. Additionally, each of the Cabinet offices may send a representative to sit on the panel.

(3) Format. Each party shall have an opportunity to present its case and an opportunity for rebuttal. There shall also be a time for the panel to ask questions.

(4) Reports. After the hearing, the Secretary of the Administration Commission shall compile a report with the panel’s findings and recommendations and submit it to the members of the Administration Commission.

(5) Waiver of Hearing. The parties may waive the budget hearing by each signing and filing electronically with the Secretary of the Administration Commission Form AC-SBA 003, Waiver of Budget Hearing. Form AC-SBA 003 is hereby incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13344. Copies of the form are available by contacting the Clerk of the Administration Commission at Office of the Governor, Room 1802, The Capitol, Tallahassee, Florida 32399-0001. The effective date of this form is 09/2021. The parties must agree to waive the hearing. If the parties waive the hearing, the budget hearing panel shall base its findings and recommendations on the pleadings. The Secretary of the Administration Commission shall compile a report and submit it to the members of the Administration Commission.

History

Rulemaking Authority 14.202, 30.49(4)-(5) FS. Law Implemented 30.49(4)-(5) FS. History‒New 8-8-21.

Fla. Admin. Code R. 28-43.009 Administration Commission Hearing and Final Order

(1) Notice. After the budget hearing, the assigned staff shall request a date from the Clerk of the Administration Commission for the appeal to be placed on the Administration Commission agenda within 30 days of the Commission receiving the budget panel hearing report from the Secretary. The staff shall send electronically a letter to the Sheriff and the board or commission outlining the panel’s recommendations, the date, time, and location of the meeting of the Administration Commission, and the format for the meeting. The staff shall submit to the Clerk of the Administration Commission an agenda item summary.

(2) Format. Each party shall have an opportunity to present its case and an opportunity for rebuttal. There shall also be a time for the Commission to ask questions.

(3) Disposition and Final Order. Before the close of the hearing, the Administration Commission shall decide the appeal in accordance with Section 30.49(5), F.S. After the hearing, the Secretary of the Administration Commission shall prepare a final order which incorporates the disposition of the Commission. The Secretary shall send the final order to the Clerk of the Administration Commission for final rendering and shall serve a copy of the order on the parties.

History

Rulemaking Authority 14.202, 30.49(4)-(5) FS. Law Implemented 30.49(4)-(5) FS. History‒New 8-8-21.

Fla. Admin. Code R. 28-43.010 Applications for Appropriations of Additional Amounts

(1) Filing an Application. When a Sheriff files an application under this rule, he or she shall do so by completing Form AC-SBA 004, Application for Appropriation of Additional Amounts, and filing electronically with the Administration Commission. Form AC-SBA 004 is hereby incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13342. Copies of the form are available by contacting the Clerk of the Administration Commission at Office of the Governor, Room 1802, The Capitol, Tallahassee, Florida 32399-0001. The effective date of the form is 09/2021. The Sheriff shall direct the application to the Secretary of the Administration Commission within the Executive Office of the Governor and shall deliver a copy of the application to the board or commission and the budget commission, if there is one in the county.

(2) Budget Hearing. If the Secretary of the Administration Commission requires a budget hearing on an application under this Rule, the procedures for budget hearings outlined in subsection 28-43.008(1)-(4), F.A.C., shall apply.

(3) Final Order. After the budget hearing, if one is held, the Secretary of the Administration Commission shall prepare a report which incorporates the findings and recommendations of the hearing panel and send it to the members of the Administration Commission. After the Commission reviews the report and makes a final decision on the application, the Secretary shall prepare a final order and send it to the Clerk of the Administration Commission for final rendering.

History

Rulemaking Authority 14.202, 30.49(10) FS. Law Implemented 30.49(10) FS. History‒New 8-8-21.

Chapter 28-101 ORGANIZATION

Fla. Admin. Code R. 28-101.001 Statement of Agency Organization and Operation

(1) The agency head shall maintain a current Statement of Agency Organization and Operation. The statement shall describe the organization of the agency and outline the general course of the agency’s operations. The purpose of the statement is:

(a) To inform the public, in a complete and concise manner, of the nature of the agency’s business, operations, delegation of authority, internal organization and other related matters;

(b) To provide assistance to the public when dealing with the agency; and

(2) The Statement of Agency Organization and Operation shall:

(a) Describe the agency head and his or her duties, as well as state the method of selection or appointment of the agency head, and the length of his or her term.

(b) Describe the organizational units and sub-units within the agency, including their assigned functions, duties, responsibilities, statutory authority, and statutes and rules they are charged with implementing. The designation of units and sub-units shall be consistent with Section 20.04, F.S., or as otherwise provided by law.

(c) Describe the manner by which publications, documents, forms, applications for licenses, permits and other similar certifications or rights granted by the agency, or other information, may be obtained.

(d) Identify the agency clerk by name, position, address, e-mail address, and telephone number; and set out his or her duties and responsibilities.

(e) State whether documents can be filed by electronic mail or facsimile transmission, including applicable telephone numbers and electronic mail addresses where filings may be submitted, and set forth the acceptable nature and scope of such filings, including the following:

That the filing date for a document transmitted by electronic mail or by facsimile shall be the date the agency receives the complete document. Any document received by the office of the agency clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day.

(f) Identify the name, address, and e-mail address of the appropriate contact person for obtaining information about variances from or waivers of agency rules, and indicate how to file a petition for variance or waiver.

(g) Set forth the agency’s hours of operation during which filings will be accepted.

(h) Set forth where and how agency index of final orders can be accessed.

(3) The agency clerk shall provide a copy of its Statement of Agency Organization and Operation to any person upon request.

(4) An agency shall publish a statement of organization and operation on the agency’s website.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 1-15-07, 12-24-07, 2-5-13, 6-26-13.

Chapter 28-102 AGENDA AND SCHEDULING OF MEETINGS, HEARINGS, AND WORKSHOPS

Fla. Admin. Code R. 28-102.001 Notice of Public Meeting, Hearing, or Workshop

(1) Except where otherwise provided, the agency shall give at least seven days notice of any public meeting, hearing, or workshop by publication in the Florida Administrative Register and on agency’s website. Provisions regarding notices of hearings in proceedings for determining substantial interests are found in Rules 28-106.208 and 28-106.302, F.A.C.

(2) An agency shall utilize the following form, or a substantially similar form, in providing notice of any public meeting, hearing, or workshop.

NOTICE OF PUBLIC MEETING, HEARING, OR WORKSHOP

The (name of the agency) announces a public meeting, hearing, or workshop to which all persons are invited.

DATE AND TIME: __________________________________________________________________________________

PLACE: ___________________________________________________________________________________________

PURPOSE: _________________________________________________________________________________________

A copy of the agenda may be obtained by writing to (name of the agency) at (address) or by calling (name) at (telephone number).

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/hearing/meeting is asked to advise the agency at least 5 days before the workshop/hearing/meeting by contacting (name) at (telephone number). If you are hearing or speech impaired, please contact the agency by calling (telephone number of TDD).

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5)(b)1. FS. History–New 4-1-97, Amended 1-15-07, 2-5-13.

Fla. Admin. Code R. 28-102.002 Agenda for Meetings, Hearings, or Workshops

(1)(a) The agenda shall state with specificity the items that will be considered at a meeting, hearing, or workshop. All matters involving the exercise of agency discretion and policy-making shall be listed and summarized on the agenda. Matters which are solely ministerial, or internal administrative matters that do not affect the interests of the public generally, may be included on the agenda.

(b) An agency shall utilize the following form, or substantially similar form in preparing its agenda:

NAME OF AGENCY TIME, DATE & PLACE OF MEETING THIS MEETING IS OPEN TO THE PUBLIC

Call to Order.
Review of Minutes.
Old Business: Specific listing of all matters involving agency discretion or policy-making with brief summary of each.
New Business: Specific listing of all matters involving agency discretion or policy-making with brief summary of each.
Other Business: Specific listing of all matters involving agency discretion or policy-making with brief summary of each.

(2) The person designated to preside may make specific changes in the agenda after it has been made available for distribution, only for “good cause” shown.

(3) The agenda and any meeting materials available in electronic form shall be published on the agency’s website. Confidential and exempt information need not be published.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.525 FS. History–New 4-1-97, Amended 2-5-13.

Fla. Admin. Code R. 28-102.003 Emergency Meetings

(1) An agency may hold an emergency meeting notwithstanding the provisions of Rules 28-102.001 and 28-102.002, F.A.C., for the purpose of acting upon emergency matters posing an immediate danger to the public health, safety or welfare.

(2) Whenever an emergency meeting must be held, the agency shall give notice of the meeting on its website, if it has one, and by any procedure that is fair under the circumstances, such as notifying at least one major newspaper of general circulation in the area where the meeting will take place, and the agency may also notify all major wire services of the time, date, place, and purpose of the meeting.

(3) Following an emergency meeting, the agency shall publish in the appropriate publication prescribed by Section 120.54(3), F.S., and on its website, if it has one, notice of the time, date and place of the meeting, a statement setting forth the reasons why an emergency meeting was necessary and a statement setting forth the action taken at the meeting. This notice is in addition to the notice requirements of Section 120.525(3)(c), F.S.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.525, 120.54(5)(b)1. FS. History–New 4-1-97, Amended 1-15-07, 2-5-13.

Chapter 28-103 RULEMAKING

Fla. Admin. Code R. 28-103.001 Advance Notice of Agency Rulemaking Proceedings

History

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(2)(a), (3)(a) FS. History–New 4-1-97, Repealed 12-4-12.

Fla. Admin. Code R. 28-103.002 Rule Development Workshops

History

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(2)(c), (5) FS. History–New 4-1-97, Amended 1-15-07, Repealed 12-4-12.

Fla. Admin. Code R. 28-103.003 Negotiated Rulemaking

History

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(2)(d) FS. History–New 4-1-97, Repealed 12-4-12.

Fla. Admin. Code R. 28-103.004 Public Hearing

History

Rulemaking Authority 120.54(5) FS. Law Implemented 120.525, 120.54(3)(c) FS. History–New 4-1-97, Repealed 12-4-12.

Fla. Admin. Code R. 28-103.005 Evidentiary Proceeding During Rulemaking

History

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(3)(c)2. FS. History–New 4-1-97, Amended 3-18-98, Repealed 12-4-12.

Fla. Admin. Code R. 28-103.006 Petitions to Initiate Rulemaking

History

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(7) FS. History–New 4-1-97, Repealed 12-4-12.

Chapter 28-104 VARIANCE OR WAIVER

Fla. Admin. Code R. 28-104.001 Purpose; Construction

This chapter implements Section 120.542, F.S., by establishing the procedures for granting or denying petitions for variances and waivers of agency rules, and, should be read in conjunction with the provisions of Sections 120.52(18), 120.52(19) and 120.542, F.S.

History

Rulemaking Authority 14.202, 120.542 FS. Law Implemented 120.542(5)(b)8. FS. History–New 4-1-97, Amended 1-15-07.

Fla. Admin. Code R. 28-104.002 Petition for Variance or Waiver

(1) A petition for a variance from or waiver of an agency rule shall be filed with the clerk of the agency that adopted the rule, with a copy to the Joint Administrative Procedures Committee, Room 680, Pepper Building, 111 W. Madison Street, Tallahassee, Florida 32399-1400.

(2) The petition must include the following information:

(a) The caption shall read:

Petition for (Variance from) or (Waiver of) Rule (Citation)

(b) The name, address, any e-mail address, telephone number, and any facsimile number of the petitioner, if the party is not represented by an attorney or a qualified representative;

(c) The name, address, e-mail address, telephone number, and any facsimile number of the attorney or qualified representative of the petitioner, if any;

(d) The applicable rule or portion of the rule;

(e) The citation to the statute the rule is implementing;

(f) The type of action requested;

(g) The specific facts that demonstrate a substantial hardship or a violation of principles of fairness that would justify a waiver or variance for the petitioner;

(h) The reason why the variance or the waiver requested would serve the purposes of the underlying statute; and

(i) A statement whether the variance or waiver is permanent or temporary. If the variance or waiver is temporary, the petition shall include the dates indicating the duration of the requested variance or waiver.

(3) The petition for a variance or waiver may be withdrawn by the applicant at any time before final agency action.

(4) Upon receipt of a petition for variance or waiver, the agency shall furnish a copy of the petition to any other agency responsible for implementing the rule.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5)(b)8. FS. History–New 4-1-97, Amended 3-18-98, 2-5-13.

Fla. Admin. Code R. 28-104.003 Comments on Petition

(1) Any interested person or other agency may submit written comments on the petition for a variance or waiver within 14 days after the notice required by Section 120.542(6), F.S. The agency shall state in any order disposing of the petition whether comments were received by the agency.

(2) The agency shall maintain the comments as part of the record.

(3) The right to comment pursuant to this section does not alone confer party status in any proceeding arising from a petition for variance or waiver.

History

Rulemaking Authority 14.202, 120.54(5)(b)8. FS. Law Implemented 120.54(5)(b)8. FS. History–New 4-1-97, Amended 2-5-13.

Fla. Admin. Code R. 28-104.004 Petition for Emergency Variance or Waiver

(1) A person requesting an emergency variance from or waiver of an agency rule shall so state in the caption to the petition.

(2) In addition to the other requirements of Section 120.542(5), F.S., and this chapter, the petition shall specify:

(a) The specific facts that make the situation an emergency; and

(b) The specific facts to show that the petitioner will suffer an immediate adverse effect unless the variance or waiver is issued more expeditiously than the time frames provided in Section 120.542, F.S.

History

Rulemaking Authority 14.202, 120.54(5)(b)8. FS. Law Implemented 120.54(5)(b)8. FS. History–New 4-1-97.

Fla. Admin. Code R. 28-104.005 Time for Consideration of Emergency Petition

(1) Within 5 days after filing a petition for emergency variance or waiver with the agency clerk, the agency shall give notice of receipt of the petition on its website, if it has one. The agency shall also give notice by any procedure that is fair under the circumstances or provide notice of the petition to the Department of State for publication in the first available issue of the Florida Administrative Register. Any notice under this subsection shall inform interested persons of the right to submit comments. Interested persons or other agencies may submit written comments on the petition for emergency variance or waiver within 5 days after publication of the notice required herein. The notice and comment requirements in this subsection shall not apply if the agency head finds that an immediate danger to the public health, safety, or welfare requires an immediate final order, which final order shall recite with particularity the facts underlying such finding.

(2) The agency shall grant or deny a petition for emergency variance or waiver or determine that the request is not an emergency within 30 days of its receipt by the agency. If such petition is not granted or denied within this time limit, the petition shall be deemed approved unless the time limit is waived by the petitioner.

(3) If the agency decides that the situation is not an emergency, the agency shall so notify the petitioner in writing, and the petition shall then be reviewed by the agency on a non-emergency basis as set forth in Section 120.542(7), F.S.

(4) The duration of an emergency variance or waiver shall be determined by the agency.

(5) The agency shall issue a written order granting or denying the petition. The order shall state the facts and reasons supporting the agency’s action.

History

Rulemaking Authority 14.202, 120.54(5)(b)8. FS. Law Implemented 120.54(5)(b)8. FS. History–New 4-1-97, Amended 1-15-07, 12-24-07, 2-5-13.

Fla. Admin. Code R. 28-104.0051 Revocation of Emergency or Temporary Variance or Waiver

(1) Upon receipt of evidence sufficient to show that the recipient of an order granting an emergency or temporary variance or waiver is not in compliance with the requirements of that order, the agency shall issue an order to show cause why the emergency variance or waiver should not be revoked.

(2) The recipient of an emergency or temporary variance or waiver shall respond to the order to show cause why the emergency variance or waiver should not be revoked within 15 days of the mailing date of the order to show cause. Failure to timely respond shall result in a final order revoking the emergency or temporary variance or waiver.

History

Rulemaking Authority 14.202, 120.54(5)(b)8. FS. Law Implemented 120.54(5)(b)8. FS. History–New 3-18-98.

Fla. Admin. Code R. 28-104.006 Request for Information

(1) When a person inquires of the agency about the possibility of relief from any rule requirements or the remedies available pursuant to Section 120.542, F.S., the agency shall provide the information required by Section 120.542(4), F.S., within 15 days of the inquiry.

(2) In its response to a request for information, the agency shall indicate the name, address and e-mail address of the appropriate contact person for additional information and shall indicate how a petition for variance or waiver is filed with the agency.

History

Rulemaking Authority 14.202, 120.54(5)(b)8. FS. Law Implemented 120.542(4) FS. History–New 4-1-97, Amended 2-5-13.

Chapter 28-105 DECLARATORY STATEMENTS

Fla. Admin. Code R. 28-105.001 Purpose and Use of Declaratory Statement

A declaratory statement is a means for resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the agency has authority. A petition for declaratory statement may be used to resolve questions or doubts as to how the statutes, rules, or orders may apply to the petitioner’s particular circumstances. A declaratory statement is not the appropriate means for determining the conduct of another person.

History

Rulemaking Authority 14.202, 120.54(5)(b)6. FS. Law Implemented 120.54(5)(b)6. FS. History–New 4-1-97, Amended 1-15-07.

Fla. Admin. Code R. 28-105.002 The Petition

A petition seeking a declaratory statement shall be filed with the clerk of the agency that has the authority to interpret the statute, rule, or order at issue and shall provide the following information:

(1) The caption shall read: Petition for Declaratory Statement Before (Name of Agency).

(2) The name, address, any e-mail address, telephone number, and any facsimile number of the petitioner.

(3) The name, address, any e-mail address, telephone number, and any facsimile number of the petitioner’s attorney or qualified representative if any.

(4) The statutory provision(s), agency rule(s), or agency order(s) on which the declaratory statement is sought.

(5) A description of how the statutes, rules, or orders may substantially affect the petitioner in the petitioner’s particular set of circumstances.

(6) The signature of the petitioner or of the petitioner’s attorney or qualified representive.

(7) The date.

History

Rulemaking Authority 14.202, 120.54(5)(b)6. FS. Law Implemented 120.565 FS. History–New 4-1-97, Amended 3-18-98, 1-15-07, 2-5-13.

Fla. Admin. Code R. 28-105.0024 Notice of Filing

The agency shall file a notice of the Petition for Declaratory Statement in the next available Florida Administrative Register including the following information:

(1) The name of the agency with which the Petition for Declaratory Statement is filed.

(2) The name of the Petitioner.

(3) The date the Petition for Declaratory Statement was received.

(4) The statutory provision(s), rule(s) or order(s) on which the declaratory statement is sought.

(5) The contact name, address, e-mail address, and phone number where a copy of the petition may be obtained.

(6) The applicable time limit for filing motions to intervene or petitions for administrative hearing by persons whose substantial interests may be affected.

History

Rulemaking Authority 14.202, 120.54(5)(b)6. FS. Law Implemented 120.54(5)(b)6. FS. History–New 1-15-07, Amended 2-5-13.

Fla. Admin. Code R. 28-105.0027 Intervention

(1) Persons other than the original parties to a pending proceeding whose substantial interests will be affected by the disposition of the declaratory statement and who desire to become parties may move the presiding officer for leave to intervene. The presiding officer shall allow for intervention of persons meeting the requirements for intervention of this rule. Except for good cause shown, motions for leave to intervene must be filed within 21 days after publication of (or such later time as is specified in) the notice in the Florida Administrative Register. The presiding officer may impose terms and conditions on the intervener to limit prejudice to other parties.

(2) The motion to intervene shall contain the following information:

(a) The name, address, the e-mail address, and facsimile number, if any, of the intervener; if the intervener is not represented by an attorney or qualified representative; and

(b) The name, address, e-mail address, telephone number, and any facsimile number of the intervener’s attorney or qualified representative, if any; and

(c) Allegations sufficient to demonstrate that the intervener is entitled to participate in the proceeding as a matter of constitutional or statutory right or pursuant to agency rule, or that the substantial interests of the intervener are subject to determination or will be affected by the declaratory statement; and

(d) The signature of the intervener or intervener’s attorney or qualified representative; and

(e) The date.

(3) Any party may, within seven days of service of the motion, file a response in opposition.

History

Rulemaking Authority 14.202, 120.54(5)(b)6. FS. Law Implemented 120.54(5)(b)6. FS. History–New 1-15-07, Amended 2-5-13.

Fla. Admin. Code R. 28-105.003 Agency Disposition

The agency may hold a hearing to consider a petition for declaratory statement. If the agency is headed by a collegial body, it shall take action on a petition for declaratory statement only at a duly noticed public meeting. The agency may rely on the statements of fact set out in the petition without taking any position with regard to the validity of the facts. Within 90 days of the filing of the petition, the agency shall render a final order denying the petition or issuing a declaratory statement.

History

Rulemaking Authority 14.202, 120.54(5)(b)6. FS. Law Implemented 120.54(5)(b)6. FS. History–New 4-1-97, Amended 1-15-07.

Fla. Admin. Code R. 28-105.004 Notice of Disposition

The agency shall file a Notice of Disposition for the Declaratory Statement or denial of the petition in the next available issue of the Florida Administrative Register including the following information:

(1) The name of the agency.

(2) A summary statement of the agency’s decision.

(3) The agency, contact person, address, and e-mail address where a copy of the petition and final order may be obtained.

(4) The date the final order is filed.

History

Rulemaking Authority 14.202, 120.54(5)(b)6. FS. Law Implemented 120.54(5)(b)6. FS. History–New 1-15-07, Amended 2-5-13.

Chapter 28-106 DECISIONS DETERMINING SUBSTANTIAL INTERESTS

Fla. Admin. Code R. 28-106.101 Scope of this Chapter

This chapter shall apply in all proceedings in which the substantial interests of a party are determined by the agency and shall be construed to secure the just, speedy, and inexpensive determination of every proceeding. This chapter applies to all proceedings under Chapter 120 except as follows:

(1) Where the agency has adopted rules covering the subject matter pursuant to Section 120.54(5)(a)2., F.S.;

(2) Agency investigations or determinations of probable cause preliminary to agency action; and

(3) Mediation conducted pursuant to Section 120.573, F.S. The notice provisions in Rule 28-106.111 and Part IV, F.A.C., of this subchapter apply to such mediation.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.102 Presiding Officer

“Presiding officer” means an agency head, or member thereof, who conducts a hearing or proceeding on behalf of the agency, an administrative law judge assigned by the Division of Administrative Hearings, or any other person authorized by law to conduct administrative hearings or proceedings who is qualified to resolve the legal issues and procedural questions which may arise.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.103 Computation of Time

In computing any period of time allowed by this chapter, by order of a presiding officer, or by any applicable statute, the day of the act from which the period of time begins to run shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday. When the period of time allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in these rules, legal holiday means those days designated in Section 110.117, F.S. Except as provided in Rule 28-106.217, F.A.C., five days shall be added to the time limits when service has been made by regular U.S. mail. One business day shall be added when service is made by overnight courier. No additional time shall be added if service is made by hand, facsimile transmission, or electronic mail or when the period of time begins pursuant to a type of notice described in Rule 28-106.111, F.A.C.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 1-15-07.

Fla. Admin. Code R. 28-106.104 Filing

(1) In construing these rules or any order of a presiding officer, filing shall mean received by the office of the agency clerk during normal business hours or by the presiding officer during the course of a hearing.

(2) All pleadings filed with the agency shall contain the following:

(a) The style of the proceeding involved;

(b) The docket, case or file number, if any;

(d) The name, address, any e-mail address, and telephone number of the person filing the pleading;

(e) The signature of the person filing the pleading; and

(f) A certificate of service that copies have been furnished to all other parties as required by subsection (4) of this rule.

(3) Any document received by the office of the agency clerk before 5:00 p.m. shall be filed as of that day but any document received after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day.

(4) Whenever a party files a pleading or other document with the agency, that party shall serve copies of the pleading or other document upon all other parties to the proceeding. A certificate of service shall accompany each pleading or other document filed with the agency.

(5) All parties, if they are not represented, or their attorneys or qualified representatives shall promptly notify all other parties and the presiding officer of any changes to their contact information by filing a notice of the change.

(6) All papers filed shall be titled to indicate clearly the subject matter of the paper and the party requesting relief.

(7) All original pleadings shall be on white paper measuring 8 1/2 by 11 inches, with margins of no less than one inch. Originals shall be printed or typewritten.

(8) A document shall be filed by only one method (e-filing, facsimile, courier, hand-delivery, or U.S. mail) and shall not be filed multiple times. A duplicate filing will not be docketed and will be destroyed.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 1-15-07, 2-5-13.

Fla. Admin. Code R. 28-106.105 Appearances

(1) Counsel or qualified representatives who file a request for a hearing involving disputed issues of material fact with the agency have entered an appearance in the proceeding and shall be deemed counsel or qualified representative of record. All others who seek to appear shall file a notice of appearance as soon as possible.

(2) Service on counsel of record or on a qualified representative shall be the equivalent of service on the party represented.

(3) On written motion served on the party represented and all other parties of record, the presiding officer shall grant counsel of record and qualified representatives leave to withdraw for good cause shown. The motion shall contain the address, any e-mail address, and telephone number of the party represented.

(4) A qualified representative who has filed an initial pleading or notice of appearance for a party shall be deemed the qualified representative of record until the presiding officer makes the determination required by Rule 28-106.106, F.A.C.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 2-5-13.

Fla. Admin. Code R. 28-106.106 Who May Appear; Criteria for Qualified Representatives

(1) Any party who appears in any agency proceeding has the right, at his or her own expense, to be represented by counsel or by a qualified representative. Counsel means a member of The Florida Bar or a law student certified pursuant to Chapter 11 of the Rules Regulating The Florida Bar. An attorney disbarred in any state shall not be authorized to serve as a qualified representative.

(2)(a) A party seeking representation by a qualified representative shall file a written request with the presiding officer as soon as practicable, but no later than any pleading filed by the person seeking to appear on behalf of the party. The request shall identify the name, address, e-mail adress, and telephone number of the representative and shall state that the party is aware of the services which the representative can provide, and is aware that the party can be represented by counsel at the party’s own expense and has chosen otherwise.

(b) The presiding officer shall consider whether the representative is qualified to appear in the administrative proceeding and capable of representing the rights and interests of the party. The presiding officer may consider a representative’s sworn affidavit setting forth the representative’s qualifications.

(c) The presiding officer shall determine the qualifications of the representative within a reasonable time after the request required by paragraph (a) is filed.

(3) The presiding officer shall authorize the representative to appear if the presiding officer is satisfied that the representative has the necessary qualifications to responsibly represent the party’s interests in a manner which will not impair the fairness of the proceeding or the correctness of the action to be taken.

(4) The presiding officer shall make a determination of the qualifications of the representative in light of the nature of the proceedings and the applicable law. The presiding officer shall consider:

(a) The representative’s knowledge of jurisdiction;

(b) The representative’s knowledge of the Florida Rules of Civil Procedure relating to discovery in an administrative proceeding;

(c) The representative’s knowledge regarding the rules of evidence, including the concept of hearsay in an administrative proceeding;

(d) The representative’s knowledge regarding the factual and legal issues involved in the proceedings; and

(e) The representative’s knowledge of and compliance with the Standards of Conduct for Qualified Representatives, Rule 28-106.107, F.A.C.

(5) If the presiding officer determines a representative is not qualified, the reasons for the decision shall be in writing and included in the record.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 1-15-07, 2-5-13.

Fla. Admin. Code R. 28-106.107 Standards of Conduct for Qualified Representatives

The following standards of conduct are mandatory for all qualified representatives.

(1) A representative shall exercise due diligence to insure that any motion or pleading is filed and argued in good faith.

(2) A representative shall advise the client to obey the law.

(3) A representative shall not:

(a) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;

(b) Engage in conduct that is prejudicial to the administration of justice;

(d) Handle a legal or factual matter without adequate preparation;

(e) Communicate, or cause another to communicate, as to the merits of the proceeding with the presiding officer except on the record or in writing with a copy promptly delivered to the opposing party; or

(f) Communicate with an adverse party regarding matters at issue in the administrative proceeding where the representative knows that the adverse party is represented by an attorney or other qualified representative.

(4) Failure to comply with these provisions shall authorize the presiding officer to disqualify the representative appearing in the administrative proceeding.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.108 Consolidation

If there are separate matters which involve similar issues of law or fact, or identical parties, the matters may be consolidated if it appears that consolidation would promote the just, speedy, and inexpensive resolution of the proceedings, and would not unduly prejudice the rights of a party.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.109 Notice to Interested Parties

If it appears that the determination of the rights of parties in a proceeding will necessarily involve a determination of the substantial interests of persons who are not parties, the presiding officer may enter an order requiring that the absent person be notified of the proceeding and be given an opportunity to be joined as a party of record.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.110 Service of Papers

Unless the presiding officer otherwise orders, every pleading and every other paper filed in a proceeding, except applications for witness subpoenas, shall be served on each party or the party’s representative at the last address of record.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.111 Point of Entry into Proceedings and Mediation

(1) The notice of agency decision shall contain the information required by Section 120.569(1), F.S. The notice shall also advise whether mediation under Section 120.573, F.S., is available, and if available, that pursuit of mediation will not adversely affect the right to administrative proceedings in the event mediation does not result in a settlement.

(2) Unless otherwise provided by law, persons seeking a hearing on an agency decision which does or may determine their substantial interests shall file a petition for hearing with the agency within 21 days of receipt of written notice of the decision.

(3) An agency may, for good cause shown, grant a request for an extension of time for filing an initial pleading. Requests for extension of time must be filed with the agency prior to the applicable deadline. Such requests for extensions of time shall contain a certificate that the moving party has consulted with all other parties, if any, concerning the extension and that the agency and any other parties agree to or oppose the extension. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

(4) Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days waives the right to request a hearing on such matters. This provision does not eliminate the availability of equitable tolling as a defense.

(5) The agency may publish, and any person who has timely requested mediation may, at the person’s own expense, cause the agency to publish, a notice of the existence of the mediation proceeding in the Florida Administrative Register or in a newspaper of general circulation in the affected area. The mediation notice can be included in the notice of intended agency action.

(a) The notice of the mediation proceeding shall include:

A statement that the mediation could result in a settlement adopted by final agency action;
A statement that the final action arising from mediation may be different from the intended action set forth in the notice which resulted in a timely request for mediation;
A statement that any person whose substantial interests may be affected by the outcome of the mediation shall within 21 days of the notice of mediation proceeding file a request with the agency to participate in the mediation; and
An explanation of the procedures for filing such a request.

(b) The notice shall also advise that in the absence of a timely request to participate in the mediation, any person whose substantial interests are or may be affected by the result of the mediation waives any right to participate in the mediation.

PART II HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 3-18-98, 1-15-07.

Fla. Admin. Code R. 28-106.201 Initiation of Proceedings

(1) Unless otherwise provided by statute, and except for agency enforcement and disciplinary actions that shall be initiated under Rule 28-106.2015, F.A.C., initiation of proceedings shall be made by written petition to the agency responsible for rendering final agency action. The term “petition” includes any document that requests an evidentiary proceeding and asserts the existence of a disputed issue of material fact. Each petition shall be legible and on 8 1/2 by 11 inch white paper. Unless printed, the impression shall be on one side of the paper only and lines shall be double-spaced.

(2) All petitions filed under these rules shall contain:

(a) The name and address of each agency affected and each agency’s file or identification number, if known;

(b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests will be affected by the agency determination;

(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;

(e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency’s proposed action;

(f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and

(g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency’s proposed action.

(3) Upon receipt of a petition involving disputed issues of material fact, the agency shall grant or deny the petition, and if granted shall, unless otherwise provided by law, refer the matter to the Division of Administrative Hearings with a request that an administrative law judge be assigned to conduct the hearing. The request shall be accompanied by a copy of the petition and a copy of the notice of agency action.

History

Rulemaking Authority 14.202, 120.54(3), (5) FS. Law Implemented 120.54(3) FS. History–New 4-1-97, Amended 9-17-98, 1-15-07, 2-5-13.

Fla. Admin. Code R. 28-106.2015 Agency Enforcement and Disciplinary Actions

(1) Prior to entry of a final order to suspend, revoke, or withdraw a license, to impose administrative fines, or to take other enforcement or disciplinary action against a licensee or person or entity subject to the agency’s jurisdiction, the agency shall serve upon the licensee an administrative complaint. For purposes of this rule, an agency pleading or communication that seeks to exercise an agency’s enforcement authority and to take any kind of disciplinary action against a licensee or other person shall be deemed an administrative complaint.

(2) An agency issuing an administrative complaint shall be the petitioner, and the licensee against whom the agency seeks to take disciplinary action shall be the respondent.

(3) The agency’s administrative complaint shall be considered the petition, and service of the administrative complaint on the respondent shall be deemed the initiation of proceedings.

(4) The agency’s administrative complaint shall contain:

(a) The name of the agency, the respondent or respondents against whom disciplinary action is sought and a file number.

(b) The statutory section(s), rule(s) of the Florida Administrative Code, or the agency order alleged to have been violated.

(d) A statement that the respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, F.S., and to be represented by counsel or other qualified representative.

(5) Requests for hearing filed by the respondent in accordance with this rule shall include:

(a) The name, address, any e-mail address, telephone number, and facsimile number, if any, of the respondent, if the respondent is not represented by an attorney or qualified representative.

(b) The name, address, e-mail address, telephone number, and facsimile number of the attorney or qualified representative of the respondent, if any, upon whom service of pleadings and other papers shall be made.

(c) A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate.

(d) A statement of when the respondent received notice of the administrative complaint.

(e) A statement including the file number to the administrative complaint.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 1-15-07, Amended 2-5-13.

Fla. Admin. Code R. 28-106.202 Amendment of Petitions or Requests for Hearing

A petition or request for hearing may be amended prior to the designation of the presiding officer by filing and serving an amended petition or amended request for hearing in the manner prescribed for filing and serving an original petition or request for hearing. Thereafter the petitioner may amend the petition or request for hearing only upon order of the presiding officer.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 1-15-07.

Fla. Admin. Code R. 28-106.203 Answer

A respondent may file an answer to the petition.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.204 Motions

(1) All requests for relief shall be by motion. All motions shall be in writing unless made on the record during a hearing, and shall fully state the action requested and the grounds relied upon. The original written motion shall be filed with the presiding officer. When time allows, the other parties may, within 7 days of service of a written motion, file a response in opposition. No reply to the response shall be permitted unless leave is sought from and given by the presiding officer. Written motions will normally be disposed of after the response period has expired, based on the motion, together with any supporting or opposing memoranda. The presiding officer shall conduct such proceedings and enter such orders as are deemed necessary to dispose of issues raised by the motion.

(2) Unless otherwise provided by law, motions to dismiss the petition or request for hearing shall be filed no later than 20 days after assignment of the presiding officer, unless the motion is based upon a lack of jurisdiction or incurable errors in the petition.

(3) All motions, other than a motion to dismiss, shall include a statement that the movant has conferred with all other parties of record and shall state as to each party whether the party has any objection to the motion. Any statement that the movant was unable to contact the other party or parties before filing the motion must provide information regarding the date(s) and method(s) by which contact was attempted.

(4) Motions for extension of time shall be filed prior to the expiration of the deadline sought to be extended and shall state good cause for the request.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 1-15-07, 2-5-13.

Fla. Admin. Code R. 28-106.205 Intervention

(1) Persons other than the original parties to a pending proceeding whose substantial interest will be affected by the proceeding and who desire to become parties may move the presiding officer for leave to intervene. Except for good cause shown, motions for leave to intervene must be filed at least 20 days before the final hearing unless otherwise provided by law. The parties may, within 7 days of service of the motion, file a response in opposition. The presiding officer may impose terms and conditions on the intervenor to limit prejudice to other parties.

(2) The motion to intervene shall contain the following information:

(a) The name, address, e-mail address, telephone number, and any facsimile number of the intervener, if the intervener is not represented by an attorney or qualified representative; and

(b) The name, address, e-mail address, telephone number, and any facsimile number of the intervenor’s attorney or qualified representative; and

(c) Allegations sufficient to demonstrate that the intervenor is entitled to participate in the proceeding as a matter of constitutional or statutory right or pursuant to agency rule, or that the substantial interests of the intervenor are subject to determination or will be affected by the proceeding; and

(d) A statement as to whether the intervenor supports or opposes the preliminary agency action; and

(e) The statement required by subsection 28-106.204(3); and

(f) The signature of the intervenor or intervenor’s attorney or qualified representative; and

(g) The date.

(3) Specifically-named persons, whose substantial interests are being determined in the proceeding, may become a party by entering an appearance and need not request leave to intervene.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 1-15-07, 2-5-13.

Fla. Admin. Code R. 28-106.206 Discovery

After commencement of a proceeding, parties may obtain discovery through the means and in the manner provided in Rules 1.280 through 1.400, Florida Rules of Civil Procedure. The presiding officer may issue appropriate orders to effectuate the purposes of discovery and to prevent delay, including the imposition of sanctions in accordance with the Florida Rules of Civil Procedure, except contempt.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.207 Venue

(1) Whenever practicable and permitted by statute or rule, hearings shall be held in the area of residence of the non-governmental parties affected by agency action, or at the place most convenient to all parties as determined by the presiding officer.

(2) Failure to respond timely to any order requiring or allowing the parties to suggest an appropriate locality for final hearing may constitute a waiver of venue.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.208 Notice of Hearing

The presiding officer shall set the time and place for all hearings and shall serve written notice on all parties at their address of record. No less than 14 days notice shall be given for the hearing on the merits of the petition unless otherwise agreed by the parties or unless otherwise provided by law.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.209 Pre-hearing Conferences

At any time after a matter has been filed with the agency, the presiding officer may direct the parties to confer for the purpose of clarifying and simplifying issues, discussing the possibilities of settlement, examining documents and other exhibits, exchanging names and addresses of witnesses, resolving other procedural matters, and entering into a pre-hearing stipulation.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.210 Continuances

The presiding officer may grant a continuance of a hearing for good cause shown. Except in cases of emergency, requests for continuance must be made at least five days prior to the date noticed for the hearing.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.211 Conduct of Proceedings

The presiding officer before whom a case is pending may issue any orders necessary to effectuate discovery, to prevent delay, and to promote the just, speedy, and inexpensive determination of all aspects of the case, including bifurcating the proceeding.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.212 Subpoenas

(1) Upon the request of any party, a presiding officer shall issue subpoenas for the attendance of witnesses for deposition or at the hearing. The requesting party shall specify whether the witness is also requested to bring documents.

(2) A subpoena may be served by any person specified by law to serve process or by any person who is not a party and who is 18 years of age or older. Service shall be made by delivering a copy to the person named in the subpoena. Proof of service shall be made by affidavit of the person making service if not served by a person specified by law to serve process.

(3) Any motion to quash or limit the subpoena shall be filed with the presiding officer and shall state the grounds relied upon.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.213 Evidence

(1) Oral evidence shall be taken only on oath or affirmation.

(2) Each party shall have the right to impeach any witness regardless of which party called the witness to testify.

(3) Hearsay evidence, whether received in evidence over objection or not, may be used to supplement or explain other evidence, but shall not be sufficient in itself to support a finding unless the evidence falls within an exception to the hearsay rule as found in Sections 90.801-.805, F.S.

(4) The rules of privilege apply to the same extent as in civil actions under Florida law.

(5) If requested and if the necessary equipment is reasonably available, testimony may be taken by means of video teleconference or by telephone.

(a) If a party cross-examining the witness desires to have the witness review documents or other items not reasonably available for the witness to review at that time, then the party shall be given a reasonable opportunity to complete the cross-examination at a later time or date for the purpose of making those documents or other items available to the witness.

(b) For any testimony taken by telephone, a notary public must be physically present with the witness to administer the oath. The notary public shall provide a written certification to be filed with the presiding officer confirming the identity of the witness, and confirming the affirmation or oath by the witness. It shall be the responsibility of the party calling the witness to secure the services of a notary public.

(6) When official recognition is requested, the parties shall be notified and given an opportunity to examine and contest the material. Requests for official recognition shall be by motion and shall be considered in accordance with the provisions governing judicial notice in Sections 90.201-.203, F.S.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 1-15-07, 2-5-13.

Fla. Admin. Code R. 28-106.214 Recordation

(1) Responsibility for preserving the testimony at final hearings shall be that of the agency transmitting the petition to the Division of Administrative Hearings pursuant to Sections 120.569 and 120.57, F.S., the agency whose rule is being challenged, or the agency whose action initiated the proceeding. Proceedings shall be recorded by a certified court reporter or by recording instruments.

(2) No later than 10 days prior to the final hearing, the agency shall notify the parties of the method by which the agency will record the testimony at the final hearing. Any party to a hearing may, at its own expense, provide a certified court reporter if the agency does not. The presiding officer may provide a certified court reporter. At hearings reported by a court reporter, any party who wishes a transcript of the testimony shall order the same at its own expense. If a court reporter records the proceedings, the recordation shall become the official transcript.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 3-18-98.

Fla. Admin. Code R. 28-106.215 Post-Hearing Submittals

All parties may submit proposed findings of fact, conclusions of law, orders, and memoranda on the issues within a time designated by the presiding officer. Unless authorized by the presiding officer, proposed orders shall be limited to 40 pages.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.216 Entry of Recommended Order

(1) If a hearing is conducted by other than the agency head, or member thereof, the presiding officer shall, within 30 days after the hearing or receipt of the hearing transcript, whichever is later, file a recommended order which shall include a caption, time and place of hearing, appearances entered at the hearing, statement of the issues, findings of fact and conclusions of law, separately stated, and recommendation for final agency action.

(2) By agreeing to a deadline for filing post-hearing submissions that is more than 10 days after the conclusion of the hearing or the filing of the hearing transcript, whichever is later, a party waives the provisions of subsection (1) above.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.217 Exceptions and Responses

(1) Parties may file exceptions to findings of fact and conclusions of law contained in recommended orders with the agency responsible for rendering final agency action within 15 days of entry of the recommended order except in proceedings conducted pursuant to Section 120.57(3), F.S. Exceptions shall identify the disputed portion of the recommended order by page number or paragraph, shall identify the legal basis for the exception, and shall include any appropriate and specific citations to the record.

(2) Exceptions shall be provided to all parties by facsimile or electronic mail, if a facsimile number or e-mail address has been provided number or address provided, the day they are filed with the agency.

(3) Any party may file responses to another party’s exceptions within 10 days from the date the exceptions were filed with the agency.

(4) No additional time shall be added to the time limits for filing exceptions or responses to exceptions when service has been made by mail.

PART III PROCEEDINGS AND HEARINGS NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 1-15-07, 2-5-13.

Fla. Admin. Code R. 28-106.301 Initiation of Proceedings

(1) Unless otherwise provided by statute and except for agency enforcement and disciplinary actions initiated under subsection 28-106.2015(1), F.A.C., initiation of a proceeding shall be made by written petition to the agency responsible for rendering final agency action. The term “petition” includes any document which requests a proceeding. Each petition shall be legible and on 8 1/2 by 11 inch white paper or on a form provided by the agency. Unless printed, the impression shall be on one side of the paper only and lines shall be doubled-spaced.

(2) All petitions filed under these rules shall contain:

(a) The name and address of each agency affected and each agency’s file or identification number, if known;

(b) The name, address, any email address, and telephone number of the petitioner, if the petitioner is not represented by an attorney or qualified representative; the name, address, email address, facsimile number, and telephone number of the petitioner’s representative; if any, which shall be the address for service purposes during the course of the proceeding;

(d) A statement of when and how the petitioner received notice of the agency decision;

(e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency’s proposed action;

(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action;

(g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency’s proposed action; and

(h) A statement that no material facts are in dispute.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 9-17-98, 1-15-07, 12-24-07, 2-5-13.

Fla. Admin. Code R. 28-106.302 Notice of Proceeding

(1) The agency shall serve written notice on all parties at their address of record, allowing at least 14 days from the date of the notice for the parties to provide any documents, memorandum of law, or other written material in support of or opposition to the agency action or refusal to act or in aggravation or mitigation of any penalty which may be imposed. If only written evidence is submitted, the notice shall provide that all other parties shall have 14 days to respond in writing to that written evidence.

(2) The agency may schedule a hearing on the matter for the purpose of taking oral evidence or argument. If it does so, the agency shall serve written notice at least 14 days prior to the hearing, setting forth the place, date, time of the hearing, and legal authority and jurisdiction under which the hearing is to be held.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 3-18-98, 12-24-07.

Fla. Admin. Code R. 28-106.303 Motions

(1) All requests for relief shall be by motion. All motions shall be in writing unless made on the record during a hearing and shall fully state the action requested and the grounds relied upon. The original motion shall be filed with the presiding officer. When time allows, the other parties may, within seven days of service of a written motion, file a response in opposition. No reply to the response shall be permitted unless leave is sought from and given by the presiding officer. Written motions will normally be disposed of after the response period has expired, based on the motion, together with any supporting or opposing memoranda. The presiding officer shall conduct proceedings and enter such orders as are deemed necessary to dispose of issues raised by the motion.

(2) All motions, other than a motion to dismiss, shall include a statement that the movant has conferred with all other parties of record and shall state whether any party has an objection to the motion.

(3) Motions for extension of time shall be filed prior to the expiration of the deadline sought to be extended and shall state good cause for the request.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 2-5-13.

Fla. Admin. Code R. 28-106.304 Continuances

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.305 Conduct of Proceedings

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 1-15-07.

Fla. Admin. Code R. 28-106.306 Recordation

(1) Responsibility for preserving the testimony at final hearings shall be that of the agency responsible for taking final agency action. Proceedings shall be recorded by a certified court reporter or by recording instruments.

(2) Any party to a hearing may, at its own expense, provide a certified court reporter if the agency does not. The presiding officer may provide a certified court reporter. At hearings reported by a court reporter, any party who wishes a transcript of the testimony shall order the same at its own expense. If a court reporter records the proceedings, the recordation shall become the official transcript.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 3-18-98.

Fla. Admin. Code R. 28-106.307 Post-Hearing Submittals

The presiding officer may permit all parties to submit proposed findings of fact, conclusions of law, orders, and memoranda on the issues within a time designated by the presiding officer. Unless authorized by the presiding officer, proposed orders shall be limited to 40 pages.

PART IV MEDIATION

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.401 Purpose

This rule applies to all mediation proceedings conducted pursuant to Section 120.573, F.S.

(1) Mediation is a process whereby a third person acts to encourage and facilitate a resolution of an administrative dispute, without prescribing what the resolution should be. Mediation is an informal and nonadversarial process with the objective of helping the parties reach a mutually acceptable agreement.

(2) Mediation proceedings are available to settle administrative disputes if provided for in the announcement of agency actions. If an agreement to mediation by the agency and all parties is filed within 10 days of the announcement for election of an administrative remedy under Sections 120.569 and 120.57, F.S., the time limitations shall be tolled until the completion of the mediation with settlement or impasse.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 3-18-98, 1-15-07.

Fla. Admin. Code R. 28-106.402 Contents of Request for Mediation

The request for mediation shall contain:

(1) The name, address, any e-mail address, and telephone number of the party requesting mediation and of that party’s representative, if any; and

(2) A statement of the preliminary agency action.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 1-15-07, 2-5-13.

Fla. Admin. Code R. 28-106.403 Allocation of Costs and Fees

The costs of mediation, including the mediator’s fees and other shared costs, shall be split equally or as otherwise agreed by the parties. The cost allocation shall be specified in the agreement to mediate. Mediators shall be compensated at a rate agreed upon by the parties and the mediator.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.404 Contents of Agreement to Mediate

The agreement to mediate shall set forth:

(1) The names, addresses, any e-mail address, and telephone numbers of any persons who may attend the mediation;

(2) The name, address, e-mail address, and telephone number of the mediator agreed to by the parties;

(3) How the costs and fees associated with mediation will be allocated;

(4) The agreement of the parties regarding the confidentiality of discussions and documents introduced during mediation to the extent authorized by law;

(5) The date, time, and place of the first mediation session;

(6) The name of the party’s representative who shall have authority to settle or recommend settlement; and

(7) The signatures of the parties.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 2-5-13.

Fla. Admin. Code R. 28-106.405 Standards of Conduct for Mediators

(1) Mediators shall adhere to the highest standards of integrity, impartiality, and professional competence.

(2) On commencement of the mediation session, a mediator shall inform all parties that the process is consensual in nature, that the mediator is an impartial facilitator, and that the mediator may not impose or force any settlement on the parties.

(3) A mediator shall:

(a) Perform the mediation services in a timely and expeditious fashion, avoiding delays wherever possible;

(b) Be impartial and advise all parties of any circumstances bearing on possible bias, prejudice, or impartiality; and

(4) A mediator shall not:

(a) Coerce or unfairly influence a party into a settlement agreement and shall not make substantive decisions for any party to a mediation process;

(b) Intentionally or knowingly misrepresent material facts or circumstances in the course of conducting a mediation; or

(c) Give or accept a gift, request, favor, loan, or any other item of value to or from a party, attorney, or any other person involved in, or associated with any person involved in, the mediation process.

PART V EMERGENCY ACTION

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-106.501 Emergency Action

(1) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency action, the agency shall enter an emergency order summarily suspending, limiting, or restricting a license, or taking such other emergency action as is authorized by law.

(2) The agency’s emergency order shall include a notice of the licensee’s (or person or entity subject to the agency’s jurisdiction) right to an immediate appeal of the emergency final order pursuant to Section 120.569(2)(n) or 120.60(6), F.S.

(3) In the case of the emergency suspension, limitation, or restriction of a license, unless otherwise provided by law, within 20 days after emergency action taken pursuant to subsection (1) of this rule, the agency shall initiate administrative proceedings in compliance with Sections 120.569, 120.57 and 120.60, F.S. and Rule 28-106.2015, F.A.C.

PART VI CONFLICT

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 1-15-07, Amended 12-24-07.

Fla. Admin. Code R. 28-106.601 Conflict

Following receipt of a recommended order, the agency attorney or qualified representative who acts on behalf of the agency in the conduct of the hearing will not serve as legal advisor to the agency head during subsequent proceedings which result in the issuance of the final order.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 12-24-07.

Chapter 28-107 LICENSING

Fla. Admin. Code R. 28-107.001 General

History

Specific Authority 120.54(5) FS. Law Implemented 120.569, 120.57, 120.60 FS. History–New 4-1-97, Repealed 1-15-07.

Fla. Admin. Code R. 28-107.002 Application for License

History

Specific Authority 120.54(5) FS. Law Implemented 120.569, 120.57, 120.60 FS. History–New 4-1-97, Repealed 1-15-07.

Fla. Admin. Code R. 28-107.003 Denial of License

History

Specific Authority 120.54(5) FS. Law Implemented 120.569, 120.57, 120.574, 120.60 FS. History–New 4-1-97, Repealed 1-15-07.

Fla. Admin. Code R. 28-107.004 Suspension, Revocation, Annulment, or Withdrawal (Repealed)

History

Specific Authority 120.54(5) FS. Law Implemented 120.569, 120.57, 120.60 FS. History–New 4-1-97, Repealed 1-15-07.

Fla. Admin. Code R. 28-107.005 Emergency Action (Repealed)

History

Specific Authority 120.54(5) FS. Law Implemented 120.569, 120.57, 120.60(6) FS. History–New 4-1-97, Repealed 1-15-07.

Chapter 28-108 EXCEPTION TO UNIFORM RULES OF PROCEDURE

Fla. Admin. Code R. 28-108.001 Petition for Exception to Uniform Rules of Procedure

(1) The agency head shall file a petition with the Administration Commission for an exception to the Uniform Rules of Procedure as provided in Section 120.54(5)(a)2., F.S., for procedural rules within the scope of any Uniform Rule of Procedure that includes the following:

(a) Grounds for the request for the exception.

(b) Citation to the particular Uniform Rule of Procedure for which each exception is sought.

(d) Attachment of the proposed rule language as an exhibit to the petition.

(2) The agency shall publish notice of the petition in the next available edition of the Florida Administrative Register, after consultation with the agency clerk of the Administration Commission. The notice shall include:

(a) The name of the agency seeking an exception;

(b) The uniform rule of procedure from which the exception is sought;

(d) The contact name, address, e-mail address, and phone number where a copy of the petition may be obtained.

(3) The Administration Commission shall provide interested persons with the opportunity to file written statements or make oral presentations in support of or in opposition to the exception.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 9-9-98, 1-15-07, 2-5-13.

Fla. Admin. Code R. 28-108.002 Final Disposition on Petition for Exception

The Administration Commission shall publish, at the agency’s expense, notice in the next available edition of the Florida Administrative Register of the disposition of the petition, and shall transmit a copy of the notice to the Joint Administrative Procedures Committee, the Department of State, and any person who requests a copy.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Chapter 28-109 CONDUCTING PROCEEDINGS BY COMMUNICATIONS MEDIA TECHNOLOGY

Fla. Admin. Code R. 28-109.001 Purpose

This chapter provides the procedures to be followed when an agency desires to conduct a proceeding by means of communications media technology (CMT) or to provide public access to a proceeding by the use of CMT.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 1-15-07.

Fla. Admin. Code R. 28-109.002 Definitions as Used in this Rule Chapter

(1) “Access point” means a designated place where a person interested in attending a communications media technology proceeding may go for the purpose of attending the proceeding.

(2) “Attend” means having access to the communications media technology network being used to conduct a proceeding, or being used to take evidence, testimony, or argument relative to issues being considered at a proceeding.

(3) “Communications media technology” (CMT) means the electronic transmission of printed matter, audio, full-motion video, freeze frame video, compressed video, and digital video by any method available.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-109.003 Application and Construction

(1) The agency may conduct a proceeding by using CMT and may provide CMT access to a proceeding for purposes of taking evidence, testimony, or argument.

(2) A proceeding is not a CMT proceeding merely because it is broadcast over a communications network.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-109.004 Government in the Sunshine

(1) Nothing in this chapter shall be construed to permit the agency to conduct any proceeding otherwise subject to the provisions of Section 286.011, F.S., exclusively by means of CMT without making provision for the attendance of any member of the public who desires to attend.

(2) No proceeding otherwise subject to Section 286.011, F.S., shall be conducted exclusively by means of CMT if the available technology is insufficient to permit all interested persons to attend. If during the course of a CMT proceeding technical problems develop with the communications network that prevent interested persons from attending, the agency shall terminate the proceeding until the problems have been corrected.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 1-15-07.

Fla. Admin. Code R. 28-109.005 Notice

When the agency chooses to conduct a CMT proceeding, it shall provide notice in the same manner as required for a non-CMT proceeding, and shall plainly state that such proceeding is to be conducted utilizing CMT and identify the specific type of CMT to be used. The notice shall describe how interested persons may attend and shall include:

(1) The address or addresses of all access points, specifically designating those which are in locations normally open to the public.

(2) The address of each access point where an interested person may go for the purpose of attending the proceeding.

(3) An address, e-mail address, and telephone number where an interested person may write or call for additional information.

(4) An address, e-mail address, and designated person to whom a person may submit written or other physical evidence which he or she intends to offer into evidence during the CMT proceedings.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 1-15-07, 6-26-13.

Fla. Admin. Code R. 28-109.006 Evidence, Testimony, and Argument

(1) Any evidence, testimony, and argument which is offered utilizing CMT shall be afforded equal consideration as if it were offered in person, and shall be subject to the same objections.

(2) In situations where sworn testimony is required by the agency, persons offering such testimony shall be responsible for making appropriate arrangements for offering sworn testimony.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 1-15-07.

Chapter 28-110 BID PROTESTS

Fla. Admin. Code R. 28-110.001 Purpose and Scope

(1) This chapter supplements the statutes on protests that arise from the contract procurement process under Chapters 24, 255, 287, 334 through 349 and Sections 282.303 through 282.313, F.S., and other statutes applicable to agencies as defined in Section 120.52(1), F.S.

(2) Policies and procedures are established primarily by Section 120.57(3), F.S. Interested persons must follow the requirements of those statutes as well as these rules. Other statutes may apply to specific circumstances.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.57(5) FS. History–New 4-1-97.

Fla. Admin. Code R. 28-110.002 Definitions

For purposes of this subchapter, the following terms mean:

(1) “Contract procurement process” has the same meaning as “contract solicitation or award process” as used in Section 120.57(3), F.S. This includes procurements by invitation to bid (ITB), request for proposal (RFP), or invitation to negotiate (ITN), as each is defined in Section 287.012, F.S., approval of a single source procurement, as defined in Section 287.057(5)(c), F.S., or other solicitation documents as permitted by law.

(2) “Decision or intended decision” means:

(a) The contents of a solicitation, including addenda;

(b) A determination that a specified procurement can be made only from a single source;

(d) Intention to award a contract as indicated by a posted solicitation tabulation or other written notice.

(3) “Competitive solicitation” or “solicitation” shall have the meaning ascribed in Section 287.012(97), F.S.

(4) “Electronic posting” shall have the meaning ascribed in Section 287.012(11), F.S.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.57(5) FS. History–New 4-1-97, Amended 1-15-07.

Fla. Admin. Code R. 28-110.003 Notice of Protest

(1) A notice of protest shall be addressed to the office that issued the solicitation or made any other decision that is intended to be protested; shall identify the solicitation by number and title or any other language that will enable the agency to identify it; and shall state that the person intends to protest the decision. If a bond is required, it shall not be filed with the notice unless otherwise required by law.

(2) A notice of protest shall not be filed before the 72-hour period begins. The 72-hour period begins upon electronic posting of a decision or intended decision. The notice of protest must be received by the agency before the 72-hour period expires. The notice of protest must be filed with the agency clerk unless otherwise designated by the solicitation.

(3) The 72-hour period is not extended by service of the notice of protest by mail.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.57(5) FS. History–New 4-1-97, Amended 1-15-07.

Fla. Admin. Code R. 28-110.004 Formal Written Protest

(1) The “formal written protest” required by Section 120.57(3)(b), F.S., is a petition that states with particularity the facts and law upon which the protest is based. The formal written protest shall contain the information specified in Section 120.54(5)(b)4., F.S., and in subsection 28-106.201(2), F.A.C. If the formal written protest is filed in proper form within the 72-hour period for filing a notice of protest, the formal written protest will also constitute the notice of protest. Thereafter, all time limits relative to formal written protests apply.

(2) Form of Petition.

STATE OF FLORIDA

DEPARTMENT OF ______

XYZ CORPORATION,

a corporation organized

under the laws of Florida,

Petitioner,

vs. Case No.:_____

STATE OF FLORIDA

DEPARTMENT OF _____

Respondent.

_____/

PETITION

XYZ Corporation, a corporation organized under the laws of Florida, brings this petition against State of Florida Department of __________ and alleges:

This is a bid protest under Section 120.57(3), F.S.
Respondent issued an invitation to bid (ITB) entitled Bid No. _________.
Petitioner submitted the low bid but Respondent rejected its bid for the stated reason that _________.
The stated reason for rejection is erroneous because _________.
(Additional relevant facts, if any)
The facts that are in dispute between Petitioner and Respondent are: _________
A copy of the bid tabulation is attached.
(Applicable points of law.)

Petitioner requests a hearing involving disputed issues of material fact and an order awarding the contract to Petitioner (or other relief).

(Note: If the relevant facts are not in dispute the petition should so allege and request a hearing not involving disputed issues of material fact. The above allegations are illustrative. They should be altered to suit varying circumstances).

(3) The time allowed for filing a petition or a bond is not extended by mailing either document.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.57(5) FS. History–New 4-1-97, Amended 1-15-07.

Fla. Admin. Code R. 28-110.005 Bond

(1) Bid protest bonds are required by Section 287.042(2)(c), F.S., for procurements under Chapter 287, F.S. (commodities, contractual services, professional services and insurance) and by Section 255.25(3)(c), F.S., for procurements of leases of space in privately owned buildings. Bonds are not required for protests involving building construction projects undertaken pursuant to Chapter 255, F.S., except that Section 255.0516, F.S., authorizes school boards, community college boards of trustees and a state university board of trustees to require bonds under some circumstances. Bonds are also required by Section 337.11(5)(a), F.S., for certain procurements by the Department of Transportation.

(2) Bonds required by Section 337.11(5)(a), F.S., must be filed with the notice of protest. Other bonds are not to be filed with the notice of protest, but must be filed with the formal written protest or within the 10-day period allowed for filing the formal written protest. The bond must accompany a protest filed pursuant to Section 24.109(2)(a), F.S. A bond can be in substantially the following form:

STATE OF FLORIDA ADMINISTRATION COMMISSION PROCUREMENT PROTEST BOND

Bond Number: _________

Contract Number: _________

KNOW ALL PERSONS BY THESE PRESENTS:

That we, _________ a (mark one) [ ] corporation, [ ] partnership, [ ] proprietorship, organized and existing under the laws of the State of _________, and having its principal place of business at _________, as PRINCIPAL; and _________, a surety company, organized under the laws of the State of _________, and duly authorized to do business in the State of Florida, whose principal place of business is , as SURETY, are held and firmly bound unto the STATE OF FLORIDA, (Agency), as OBLIGEE, in the amount of $ for the payment of which sum we, as Principal and Surety, bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally.

THIS BOND is issued under the provisions of _________ Florida Statutes. The above-named Principal has initiated an administrative protest regarding the Obligee’s decision or intended decision pertaining to (mark one) [ ] Bid Number _________ [ ] an agency’s request for approval of an exceptional purchase of _________ submitted by _________. Said protest is conditioned upon the posting of a bond at the time of filing the formal written protest.

NOW, THEREFORE, the condition of this Bond is that if the Principal, after the administrative hearing process and/or any appellate court proceedings regarding the protest, shall satisfy all costs and charges allowed by final order and/or judgment, and interest thereon, in the event the Obligee prevails, then the obligation shall be null and void; otherwise it shall remain in full force and effect.

The Obligee may bring an action in a court of competent jurisdiction on this bond for the amount of such liability, including all costs and attorneys’ fees.

PRINCIPAL: ____________________________

BY: ____________________________

Title: ____________________________ (CORPORATE SEAL)

ATTEST:____________________________

SURETY: ____________________________

BY: ____________________________

Title: ____________________________ (CORPORATE SEAL)

Florida Resident Agent: ____________________________

(Note: Power of Attorney showing authority of Surety’s agent or Attorney in Fact must be attached).

Bonds must be countersigned by an agent licensed in Florida. Section 287.042(2)(c), F.S., authorizes a cashier’s check or money order in lieu of a bond, for procurements governed by Chapter 287, F.S.

(3) When a bond is required, a notice of decision or intended decision shall contain this statement: “Failure to file a protest within the time prescribed in Section 120.57(3), F.S., or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, F.S.” If the notice advises of the bond requirement but a bond or statutorily authorized alternate is not posted when required, the agency shall summarily dismiss the petition.

(4) If, at the conclusion of the proceeding and any appellate proceedings, the petitioner prevails, the agency shall return the bond, cashier’s check or money order to the petitioner. If the agency prevails but the petitioner is not ordered to pay costs, the agency shall return the bond or alternate security to the petitioner. If the petitioner is ordered to pay costs, the agency shall return the bond or alternate security as provided by Section 255.25(3)(c), 287.042(2)(c) or 337.11(5)(b), F.S. The entire bond may be forfeited if circumstances warrant under Section 337.11(5)(a), F.S.

History

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 24, No. 20, May 15, 1998, Amended 1-15-07, Joint Administrative Procedures Committee objection resolved by Chapter 2006-82, Laws of Florida, Florida Administrative Weekly Vol. 35, No. 27, July 10, 2009.

Chapter 28-111 COURT COST FOR COURT FACILITIES

Fla. Admin. Code R. 28-111.001 Receipt and Investment of Funds

History

Rulemaking Authority 939.18(1)(a) FS. Law Implemented 939.18 FS. History–New 4-27-98, Repealed 6-25-12.

Fla. Admin. Code R. 28-111.002 Expenditure of Funds

History

Rulemaking Authority 939.18(1)(a) FS. Law Implemented 939.18 FS. History–New 4-27-98, Repealed 6-25-12.

Fla. Admin. Code R. 28-111.003 Accounting and Reporting

History

Rulemaking Authority 939.18(1)(a) FS. Law Implemented 939.18 FS. History–New 4-27-98, Repealed 6-25-12.

Chapter 28-112 Exception to Uniform Rules Relating to State Employment

Fla. Admin. Code R. 28-112.001 Petition for Exception to Uniform Rules Relating to State Employment

(1) The agency head shall file a petition with the Administration Commission for an exception to uniform rules as provided in Sections 110.201(1)(b) and 110.217, F.S., that includes the following:

(a) Grounds for the request for the exception.

(b) Citation to the particular uniform rule for which each exception is sought.

(d) Attachment of the proposed rule language as an exhibit to the petition.

(a) The name of the agency seeking an exception;

(b) The uniform rule from which the exception is sought;

(d) The contact name, address, e-mail address, and phone number where a copy of the petition may be obtained.

(3) The Administration Commission shall provide interested persons with the opportunity to file written statements or make oral presentations in support of or in opposition to the exception.

History

Rulemaking Authority 14.202, 110.201 FS. Law Implemented 110.201, 110.217 FS. History–New 12-24-07, Amended 2-5-13.

Fla. Admin. Code R. 28-112.002 Final Disposition on Petition for Exception

History

Rulemaking Authority 14.202, 110.201 FS. Law Implemented 110.201, 110.217 FS. History–New 12-24-07.