Title: Staff Draft
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 Material Information
Title: Staff Draft
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Staff Draft
General Note: Box 11, Folder 3 ( Final Report: Environmental Efficiency Study Commission - 1987-88 ), Item 45
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002836
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
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STAFF DRAFT
November 9, 1987


Chapter 380 Implementation


Problem: There is a duplication in the Development of
Regional Impact (DRI) process conducted by RPCs and DCA as
it relates to permitting activities.

Explanation:

The applicant in the DRI process may have to renegotiate
the same environmental issues depending on the agency
forum.

The coordinated review process and conceptual review
mechanism lack incentives because no assurance is provided
that a commitment will be made by agencies.

s. 380.012-380-.10, F.S. Florida Environmental Land and
Water Management Act of 1972
s. 380.06(9), F.S. Development of Regional Impact
s. 380.05(2)(a), F.S. Areas of Critical Concern
ss. 186.005, .002, F.S. Planning

Proposed Solution:

Agencies that require permits must participate in
conceptual agency review. All .es will be required to
attend the preapplication co rene.T The participation of
a DRI developed aa ry unless he gives notice to the
RPC that he is hoping out. he devlper has 30 days after
the preapplica cof A ce' to-tify the RPC that he is
opting out. The a encies must adopt conceptual permit
rules by July 1, 89. The conceptual review is governed
by Chapter 120 a subject to provisions for default
approval under C pter 120. Air pollution and hazardous
waste are addedao those programs for which the agency must
establish by re a set of procedures necessary for
conceptual agecy review. If an agency grants conceptual
approval, DCA/and the RPC may comment on the regional


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STAFF DRAFT
November 9, 1987


implications of the conceptual
conflicting recommendations or
specific authority set forth in
the development order shall not
approval.


approval but may not make
findings. In the absence of
Applicable law or ordinance
Conflict with a conceptual


The developer may in his discretion, elect to submit a
complete permit application and receive a full permit
review concurrent with DRI review.
The application for development approval and tje procedural
rules for DRI review should be revised to accdlish the
following:
a) maximize coordination efforts between the DRI
review and permitting process.
b) facilitate the review of developments of
overriding state benefit such as areawide and downtown
DRIs and other developments as identified in the state,
Comprehensive Plan. The criteria to identify such
developments shall be developed by the approved agency
in consultation with the applicable agencies.


c)
for
for


designate types of development or areas suitable
development in which modified information required
DRI review shall apply.


d) update the types and level of information required
in the application for development approval in order
to eliminate unnecessary information submittals.
Therefore, the DCA in consultation with the RPCs shall
initiate rulemaking in order to revise the ADA and DRI
review procedural rules to accomplish the above needs.
Representatives from all regional and state agencies
which participate in the DRI review process shall
attend all rule workshops and public hearings held
pursuant to these rule revisions.


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