Title: EESC Revision 10/21/87
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Permanent Link: http://ufdc.ufl.edu/WL00002833/00001
 Material Information
Title: EESC Revision 10/21/87
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: EESC Revision 10/21/87
General Note: Box 11, Folder 3 ( Final Report: Environmental Efficiency Study Commission - 1987-88 ), Item 42
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002833
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text






Bill3 (EESC Revision) (10/21/87)


1 A bill to be entitled
2 An Act relating to growth management.
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8 NOW, THEREFORE,
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Section 380.06(9), Florida Statutes, is
13 amended to read:
14 380.06 Developments of regional impact.--
15 (9) CONCEPTUAL AGENCY REVIEW.--
16 (a)l. In order to facilitate the planning and
17 preparation of permit applications for projects that undergo
18 development-of-regional-impact review, and in order to
19 coordinate the information required to issue such permits, all
20 developers shall undergo a-deveeper-may-eteet-te-request
21 conceptual agency review under this subsection either
22 concurrently with development-of-regional-impact review and
23 comprehensive plan amendments, if applicable, unless the
24 developer withdraws from conceptual agency review by aivina
25 written notice to the Reaional Plannina Council no later than
26 30 days subsequent to a oreasolication conference held
27 pursuant to subsection (7).
28 2. All agencies that may require a permit shall
29 participate in conceptual aaency review and such agencies
30 shall participate in the Dreanlication, conference. bt =
31
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Bill3 (EuSC Revision) (10/21/87) /


1 shL~ netitY All affected permitting aaenciesdof scheduled
2 oreapolication conferences.
3 a.2TConceptual agency review" means general review of
4 the proposed location, densities, intensity of use, character,
5 and major design features of a proposed development required
6 to undergo review under this section for the purpose of
7 considering whether these aspects of the proposed development
8 comply with the issuing agency's statutes and rules.
9 .3Conceptual agency review is a licensing action
10 subject to chapter 120, and approval or denial constitutes
11 final agency action, except that the 90-day time period
12 specified in s. 120.60(2) aTr-129T626 + shall be tolled for the
13 agency when the affected regional planning agency requests
14 information from the developer pursuant to paragraph
15 (10)(b).If the reviewing auencv fails to complete conceptual
16 review within the time period specified in 120.60(2) the
17 conceptual anoroval shall be deemed anoroved in accordance
18 with 120.60(2). If proposed agency action on the conceptual
19 approval is the subject of a proceeding under s. 120.57, final
20 agency action shall be conclusive as to any issues actually
21 raised and adjudicated in the proceeding, and such issues may
22 not be raised in any subsequent proceeding under s. 120.57 on
23 the proposed development by any parties to the prior
24 proceeding.
25 5.4T A conceptual agency review approval shall be
26 valid for up to 10 years, unless otherwise provided in a state
27 or regional agency rule, and may be reviewed and reissued for
28 additional periods of time under procedures established by the
29 agency.
30 (b) By July 1,,1989&986 the Department of
31 Environmental Regulation, each water management district, and
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COOING: Words stricken are deletions; words underlined are additions.


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Bill3 (EESC Revision) (10/21/87)


1 other state or regional agencies that require construction or
2 operation permits shall establish by rule a set of procedures
3 necessary for conceptual agency review for the following
4 permitting activities within their respective regulatory
5 jurisdictions:
6 1. The construction and operation of potential sources
7 of water pollution, air pollution and hazardous waste
8 inetaudng-industriea-vastewater7-demestie-avetewater7-and
9 sterwater.
10 2. Dredging and filling activities.
11 3. The management and storage of surface waters.
12 4. The construction and operation of works of the
13 district, only if a conceptual agency review approval is
14 requested under subparagraph 3.
15 Any state or regional agency may establish rules for
16 conceptual agency review for any other permitting activities
17 within its respective regulatory jurisdiction.
18 (c)l. Bach agency participating in conceptual agency
19 reviews shall determine and establish by rule its information
20 and application requirements and furnish these requirements to
21 the state land planning agency and to any developer seeking
22 conceptual agency review under this subsection.
23 2. Bach agency shall cooperate with the state land
24 planning agency to standardize, to the extent possible, review
25 procedures, data requirements, and data collection
26 methodologies among all participating agencies, consistent
27 with the requirements of the statutes that establish the
28 permitting programs for each agency.
29 (d) At the conclusion of the conceptual agency
30 review,the agency shall give notice of its proposed agency
31 action as required by s. 120.60(3) and shall forward a copy of
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Bill3 (BESC Revision) (10/21/87)


1 the notice to the appropriate regional planning council with a
2 report setting out the agency's conclusions on potential
3 development impacts and stating whether the agency intends to
4 grant conceptual approval, with or without conditions, or to

5 deny conceptual approval. If the agency intends to deny

6 conceptual approval, the report shall state the reasons
7 therefore. The agency may require the developer to publish
8 notice of proposed agency action in accordance with s.
9 403.815.
10 (e) An agency's decision to grant conceptual approval
11 shall not relieve the developer of the requirement to obtain a
12 permit and to meet the standards for issuance of a
13 construction or operation permit or to meet the agency's
14 information requirements for such a permit. Nevertheless,
15 there shall be a rebuttable presumption that the developer is
16 entitled to receive a construction or operation permit for an
17 activity for which the agency granted conceptual review
18 approval, to the extent that the project for which the
19 applicant seeks a permit is in accordance with the conceptual
20 approval and with the agency's standards and criteria for
21 issuing a construction or operation permit. The agency may
22 revoke or appropriately modify a valid conceptual approval if
23 the agency shows:

24 1. That a developer applicant or his agent has
25 submitted materially false or inaccurate information in the
26 application for conceptual approval;
27 2. That the developer has violated a condition of the
28 conceptual approval; or
29 3. That the development will cause a violation of the
30 agency's applicable laws or rules.
31
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Bill3 (EESC Revision) (10/21/87)


1 (f) If an aaencv grants conceptual aoproval, the
2 Department and the Reaional Plannina Council may comment on
3 the regional implications of the conceptual aworoval but may
4 not make conflicting recommendations or findinoas. In the
5 absence of specific authority set forth in aoolicable law or
6 ordinance the development order shall not conflict with a
7 conceptual approval. This chapter shall not be construed as
8 authority for establishing conflicting recommendations and
9 findings in a development order.
10 I(gf4+ Nothing contained in this subsection shall
11 modify or abridge the law of vested rights or estoppel.
12 T(h)W+ Nothing contained in this subsection shall be
13 construed to preclude an agency from adopting rules for
14 conceptual review for developments which are not developments
15 of regional impact.
16 (i) The developer may in his discretion, elect to
17 submit a camolete permit anolication and receive a full permit
18 review concurrent with develoment-of-reaional-imoact review.
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NAME OF BILL (DATE)


1 considering whether these aspects of the proposed development

2 comply with the issuing agency's statutes and rules.

3 3. Conceptual agency review is a licensing action
4 subject to chapter 120, and approval or denial constitutes

5 final agency action, except that the 90-day time period

6 specified in s. 120.60(2)aTr-sjt262g shall be tolled for the
7 agency when the affected regional planning agency or any

8 participating permitting aoencv requests information from the
9 developer pursuant to paragraph (10)(b). If proposed agency

10 action on the conceptual approval is the subject of a

11 proceeding under s. 120.57, final agency action shall be

12 conclusive as to any issues actually raised and adjudicated in

13 the proceeding, and such issues may not be raised in any

14 subsequent proceeding under s. 120.57 on the proposed
15 development by any parties to the prior proceeding.

16 4. A conceptual agency review approval shall be valid

17 for up to 10 years, unless otherwise provided in a state or
18 regional agency rule, and may be reviewed and reissued for

19 additional periods of time under procedures established by the

20 agency. L<(0
21 S. The agency rules and review criteriai-at are in

22 effect at the time conceptual anoroval is orant shall be
23 applied to any subsequent permit anolication based upon the

24 conceptual aoproval for the duration of the conceptual

25 aooroval.

26 6. An agency may anpl subseauentlv adopted rules or
27 criteria to a development that is subject to a conceptual

28 aooroval if the agency holds a public hearing and determines
29 that:

30

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NAME OF BILL (DATE)


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COOING: Words stricken are deletions; words underlined are additions.


(a) The newly adopted rules and criteria are not in
conflict with the rules an criteria aovernina conceptual
apnroval2 or
(b) The newly adopted rules and criteria are essential
to the ndblic health. safety or welfare, and exoressly state
that they shall anoly to a develop ent that is subject to a
conceptual aptroval: or
(c) The newlv adopted rules and criteria are
specifically anticipated and provided for in the conceptual
an~rovals or
(d) The aancv deMonstrates that substantial changes
have occurred in pertinent conditions existing at the time

concentual angr9val mwas Qargut~ or
(e) The conceotual aooroval is based on substantially
inaccursto Rb the developer.
b) By July 1, 1 Department of Environmental

Regulat each water anag t district, and other state or
regional agencies ire construction or operation
permits shall establish by rule a set of procedures necessary

for conceptual agency review for the following permitting
activities within their respective regulatory jurisdictions:
1. The construction and operation of potential sources

of water pollution, air pollution and hazardous waste
ne iud*ng-indtutrfia-wvestemterT-4esta*e-vastewater7-and
stormwater.
2. Dredging and filling activities..
3. The management and storage of surface waters.
4. The construction and operation of works of the
district, only if a conceptual agency review approval is
requested under subparagraph 3.




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