The duplication and overlap now experienced in the DRI process,
because the development order is typically followed by permitting
of the DRI at a later date, could be substantially reduced if the
conceptual agency review process were strengthened. The
strengthened review process would ensure that all relevant
agencies assign the "right" permitting people to work with the
regional planning council as the key coordinating agency in order
to put all issues on the table and get them resolved before the
regional planning council's recommendations to the local
government are finalized. Therefore, the EESC committee on the
DRI process recommends that the Conceptual Agency Review
provisions found in subsection 380.06(9), F.S., be revised in the
( a)All DRI developers be required to utilize the One Stop
Preliminary Approval process unless the applicant waives his
participation in writing.
b) All permitting agencies shall attend the preapplication
conference, and within days of the conference notify the RPC
in writing whether and which permits will be required or if more
information is needed. In any event the permitting agency must
render a decision as to whether the proposed activities are
within their agencies' jurisdiction within days of the
conference or response to the request for additional information.
S /ec) As part of the Application for Development Approval (ADA), the
applicant must complete the application for preliminary approval
S for each permitting agency with jurisdiction.
Preliminary One Step Approval
d) The applicant shall file the ADA as prescribed in current law.
The RPC shall forward the ADA to the permitting agencies within
e) Once the permitting agencies and the RPC find the application
sufficient, the RPC shall notify the local government to set a
public hearing as stipulated in subsection 380.06(12), F.S.
f) Within days of the ADA being found sufficient, the
permitting agencies shall issue an "Intent to issue or deny
notice". If the permitting agency fails to issue the notice
within these time frames, the permit is issued by default.
g) Within days of the rendering of the DRI development order
by the local government to the RPC, the permitting agency shall
issue the preliminary approval permit.
h) The one step preliminary approval process shall apply to DER,
DNR, and WMDs.
i) The time periods for agency review as continued in section
120.62, F.S., are waved for the preliminary approval permit.
j) It is understood that the degree of specificity of the
preliminary approval permit will depend upon the amount of
information provided by the applicant to the agency.
k) A preliminary approval permit shall create a rebuttable
presumption that the developers is entitled to receive
construction or operation permit for an activity for which the
agency grounded the preliminary approval permit.
1) As an option in lieu of the preliminary approval, the
developer may select to obtain his final permits concurrent with
DRI review or must waive in writing his participation in either
of these review options.
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