reglab/statecodes huggingface dataset:
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29H - Tampa Bay Regional Planning Council › Chapter 29H-13 - DISPUTE RESOLUTION PROCESS › Section 29H-13.005 - Notice - Point of Entry

Current through Reg. 50, No. 138; July 16, 2024
(1) Persons
				other than the named parties to a pending proceeding, who are not otherwise
				represented and who desire to become parties, may request of the parties leave
				to intervene. Petitions for leave to intervene must be filed at least five (5)
				days before any settlement meeting, voluntary mediation, or advisory
				arbitration, with copies provided to all parties of record and shall include
				allegations sufficient to demonstrate that the intervenor is an affected party
				and entitled to participate in the proceeding. The parties must approve entry
				of additional parties.
(2) Persons
				refusing to enter the process initially may not enter the process at a later
				date unless agreeable to all the participating parties.
(3) All notices, communications or other
				pleadings shall be provided at the time of filing to all parties and a
				certificate of service shall accompany all said documents.
Rulemaking Authority
					 186.505(1),
					 186.505(17),
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 4-10-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29H - Tampa Bay Regional Planning Council › Chapter 29H-13 - DISPUTE RESOLUTION PROCESS › Section 29H-13.006 - Situation Assessment

Current through Reg. 50, No. 138; July 16, 2024
(1) Situation
				assessment is intended to examine the nature of the dispute and impact;
				identify the affected and involved [potential] parties; and assist the parties
				to evaluate appropriate resolution procedure options.
(2) Situation assessments may be conducted,
				as requested, throughout the DRP in order to ensure that new relevant
				information or the identification of additional affected persons is
				considered.
(3) Situation
				assessments shall be conducted by the Council staff unless the Council is a
				party to the DRP or where a conflict of interest may exist. In such case, an
				outside person, agreed to by the involved parties, shall conduct the situation
				assessment.
Rulemaking Authority
					 186.505(1),
					 186.505(10),
					 186.505(20),
					 186.509 FS. Law Implemented
					  186.509 FS.
New 4-10-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29H - Tampa Bay Regional Planning Council › Chapter 29H-13 - DISPUTE RESOLUTION PROCESS › Section 29H-13.007 - Settlement Meetings

Current through Reg. 50, No. 138; July 16, 2024
(1) Settlement
				meetings may occur at any point and shall, at a minimum, be attended by the
				chief administrators or other authorized decision makers of the named
				parties.
(2) Settlement meetings
				may be facilitated by a Council staff member or, if the Council is a party,
				other neutral facilitator acceptable to the parties and shall be held at a time
				acceptable to the parties.
(3) At a
				settlement meeting, the parties shall review the issues to be addressed,
				present their concerns and constraints, explore options for a solution, and
				seek agreement.
(4) If no agreement
				is reached at an initial settlement meeting, the parties shall, at a minimum,
				prepare a joint report that includes:
(a) A
				description of the issues discussed and whether any were resolved;
(b) A list of potentially affected or
				involved individuals or agencies (including those which may not be
				parties);
(c) A description of
				agreed upon next steps, if any, and a time frame for starting and ending:
				informal negotiations, additional settlement meetings, mediation, arbitration,
				joint meeting of elected bodies, administrative hearing or litigation;
				and
(d) If any additional Council
				assistance is requested. The report shall include exhibits any party wishes to
				include.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29H - Tampa Bay Regional Planning Council › Chapter 29H-13 - DISPUTE RESOLUTION PROCESS › Section 29H-13.008 - Mediation

Current through Reg. 50, No. 138; July 16, 2024
(1) If the parties submit a request for
				mediation to the Council, the Council shall assist the parties to select and
				retain an impartial mediator or the parties may request that the Council select
				a mediator, or serve as mediator.
(2) The party initiating mediation shall
				report the results to the Council at the conclusion of the
				mediation.
Rulemaking Authority
					 186.505(1),
					 186.505(10),
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 4-10-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29H - Tampa Bay Regional Planning Council › Chapter 29H-13 - DISPUTE RESOLUTION PROCESS › Section 29H-13.009 - Advisory Arbitration

Current through Reg. 50, No. 138; July 16, 2024
(1) If the
				parties submit a request for advisory arbitration to the Council, the Council
				shall assist the parties to select and retain an impartial arbitrator or the
				parties may request that the Council select an arbitrator or serve as
				arbitrator.
(2) The party
				initiating arbitration shall report the results to the Council at the
				conclusion of the arbitration.
Rulemaking Authority
					 186.505(1),
					 186.505(10),
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 4-10-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29H - Tampa Bay Regional Planning Council › Chapter 29H-13 - DISPUTE RESOLUTION PROCESS › Section 29H-13.010 - Form of Settlement Agreement

Current through Reg. 50, No. 138; July 16, 2024
The actual form of the settlement agreement shall be
				  determined by the parties involved and may be in the form of an interlocal
				  agreement, concurrent resolutions, a signed agreement or other form that may be
				  agreed to by the parties. Upon settlement of the dispute, the participants
				  shall provide a copy of the agreement to the Council.
Rulemaking Authority
					 186.505(1),
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 4-10-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29H - Tampa Bay Regional Planning Council › Chapter 29H-13 - DISPUTE RESOLUTION PROCESS › Section 29H-13.011 - Other Existing Resolution Processes

Current through Reg. 50, No. 138; July 16, 2024
In addition to the process outlined in Section
				   186.509, F.S., other resolution
				  processes exist within the Florida statutes, including, but not limited to, the
				  following: Intergovernmental Coordination Element, Sections 163.3177(6)(h)1.
				  and 2., F.S.; Port Master Plans, Section
				   163.3178, F.S.; Community
				  Residential Homes, Section
				   419.001(5),
				  F.S.; Cross Acceptance Process, Section
				   186.505(22),
				  F.S.; Location of Spoil Sites, Section
				   380.32(14),
				  F.S.; Termination of the Development of Regional Impact Program, Section
				   380.27, F.S.; Administrative
				  Procedures Act, Chapter 120, F.S.; Florida Governmental Cooperation Act,
				  Chapter 164, F.S.; and Mediation Alternatives to Judicial Action, Chapter 44,
				  F.S.
Rulemaking Authority
					 186.505(1),
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 4-10-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29H - Tampa Bay Regional Planning Council › Chapter 29H-13 - DISPUTE RESOLUTION PROCESS › Section 29H-13.012 - Role of the Regional Planning Council/Regional Planning Council Staff

Current through Reg. 50, No. 138; July 16, 2024
(1) The Council shall be responsible for the
				implementation of this rule. The Council staff or designee shall serve as
				facilitator and shall perform the administrative procedures necessary to
				implement the process set forth in this rule. A Council member, staff or
				designee may serve as a mediator or an arbitrator.
(2) Administrative duties to be provided by
				the Council staff may include:
(a) Conducting
				pre-initiation meetings;
(b)
				Administering procedures related to process initiation;
(c) Conducting situation
				assessments;
(d) Verify the
				cross-jurisdictional nature of the disputes and good faith efforts, pursuant to
				subsection  29H-13.004(3),
				F.A.C.;
(e) Maintaining lists of
				qualified mediators, pursuant to Rule
				 29H-13.013, F.A.C.;
(f) Securing the services of mediators, as
				needed;
(g) Arranging for the
				appropriate meeting(s); and
(h)
				Invoicing.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29H - Tampa Bay Regional Planning Council › Chapter 29H-13 - DISPUTE RESOLUTION PROCESS › Section 29H-13.013 - Qualifications of the Mediator

Current through Reg. 50, No. 138; July 16, 2024
Parties shall select a mediator who is on the Florida Growth
				  Management Conflict Resolution Consortium rosters, or who is certified by the
				  Florida Supreme Court, or any other mutually acceptable
				  mediator.
Rulemaking Authority Chapter 44,
					 186.505(1),
					 186.509 FS. Law Implemented
					 186.509
					 FS.
New 4-10-94.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29H - Tampa Bay Regional Planning Council › Chapter 29H-13 - DISPUTE RESOLUTION PROCESS › Section 29H-13.014 - Compensation for Regional Planning Council and Mediator

Current through Reg. 50, No. 138; July 16, 2024
The Council shall be reimbursed for dispute resolution
				  services performed by a Council member, staff or designee at an amount to be
				  agreed upon plus any additional out-of-pocket expenses. Outside professional
				  mediators shall be paid at their standard rate. The expenses of the Council and
				  the professional mediator may be shared equally or in accordance with an agreed
				  upon formula by the parties involved in the dispute. The parties shall enter
				  into a fee agreement at the initial meeting.
Rulemaking Authority
					  186.504,
					  186.505,
					 186.505(1),
					 186.505(12),
					 186.505(19) FS.
					 Law Implemented 186.504,
					 186.505,
					  186.509 FS.
New 4-10-94, Amended
					 1-27-09.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-1 - ORGANIZATION, PURPOSE AND OPERATIONS › Section 29I-1.001 - Name and Scope

Current through Reg. 50, No. 138; July 16, 2024
The name of this agency is the Southwest Florida Regional
				  Planning Council (SWFRPC, or "Council"), a voluntary association of counties
				  and cities formed as of November 8, 1973, under the laws of Florida and
				  comprising the 9th Comprehensive Regional Planning District as provided for by
				  the Florida Statutes.
Rulemaking Authority
					 186.502,
					 186.504(6),
					 186.505(2) FS.
					 Law Implemented 186.504
					 FS.
New 2-9-76, Formerly 29I-1.01, Amended
					 5-14-09.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-1 - ORGANIZATION, PURPOSE AND OPERATIONS › Section 29I-1.002 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose. The purposes of the Southwest
				Florida Regional Planning Council shall be:
(a) To provide a means to permit local
				governmental units to make the most efficient use of their powers to cooperate
				for mutual advantages in order to provide services and facilities that will
				accord best with geographic, economic, social, land use, transportation, public
				safety resources and other factors influencing the needs and development of
				local communities within Planning District No. 9;
(b) To serve as a regional coordinator for
				the local governmental units comprising the planning district;
(c) To exchange information on and review
				programs of region concerns;
(d) To
				promote communication between the local governments for the conservation and
				compatible development of the Southwest Region;
(e) To cooperate with Federal, State and
				local government and non-government agencies to accomplish regional objectives;
				and
(f) To do all things authorized
				for a Regional Planning Agency under Chapters 163, 186 and 380, F.S., and other
				applicable Florida, Federal and Local Laws, rules and
				regulations.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-1 - ORGANIZATION, PURPOSE AND OPERATIONS › Section 29I-1.003 - Staff Functions; General Description

Current through Reg. 50, No. 138; July 16, 2024
The Council shall appoint an Executive Director who shall
				  have the responsibility for the general management of the affairs of the
				  Council, subject to the governing laws of the State and such regulations as may
				  be adopted by the Council.
(1) The
				Executive Director shall annually prepare a budget for the Council and transmit
				the Council's budget request to the member governmental units.
(2) The Executive Director shall be
				responsible for the general management of the Council's office, for assisting
				the Secretary of the Council in the recording and maintenance of Council
				minutes and other documents of record, for any moneys received on behalf of the
				Council, for the keeping of financial statements in such form and in accordance
				with such procedures as shall be required by the Treasurer.
(3) The Executive Director may appoint and
				discharge any employee or subordinates in accordance with the policies of the
				Council and applicable Federal and Florida Statutes and regulations, and shall
				fix compensation within such limits as may be provided by the approved Council
				budget.
(4) The Executive Director
				may make agreements on behalf of the Council in performing the duties entrusted
				to him/her and shall attest all necessary instruments.
Rulemaking Authority
					 186.505(1),
					 186.505(4) FS.
					 Law Implemented 186.505
					 FS.
New 2-9-76, Formerly 29I-1.03, Amended 5-7-92,
					 5-14-09.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-1 - ORGANIZATION, PURPOSE AND OPERATIONS › Section 29I-1.004 - Council Membership and Appointments, Term of Service, Vacancies, Removal from Office

Current through Reg. 50, No. 138; July 16, 2024
(1) Membership and Appointments.
(a) The Council shall include the Counties of
				Charlotte, Collier, Glades, Hendry, Lee and Sarasota, each of which shall be
				represented on the Council by two voting representatives appointed by their
				respective Board of County Commissioners.
(b) All municipalities within each county
				shall select one representative of one of the municipalities within the county
				who will be a voting representative.
(c) Further, each city has the option to be a
				member local government and to appoint one representative from the city's
				governing board; cities taking this option shall not participate in the process
				in paragraph (b) above.
(d) The
				representative(s) to the Council from each member local government shall be the
				elected chief representative of said local government or a member of its
				governing body chosen by such body to be its representative.
(e) Changes in membership provisions shall
				require a two thirds vote of the members.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-1 - ORGANIZATION, PURPOSE AND OPERATIONS › Section 29I-1.005 - Officers, Term, Duties, Committees

Current through Reg. 50, No. 138; July 16, 2024
(1) The regular
				January monthly meeting shall include electing from the regular membership
				officers with duties as follows:
(a) Chair -
				The Chair shall be the Chief Executive Officer, responsible for executing
				contracts for the Council, for overseeing the organization of the work of the
				Council, for seeing that all policy decisions of the Council are carried out,
				and for such other executive level functions as the Council shall assign.
				Except as provided for elsewhere, the Chair shall serve as a non-voting member
				of each advisory committee.
(b)
				Vice-Chair - The Vice-Chair shall act for the Chair in his/her absence, or in
				the event of the Chair's inability to act, perform all the functions of the
				Chair.
(c) Secretary - The
				Secretary shall conduct the correspondence of the Council, keep and distribute
				the minutes of the meetings, be custodian of the records and seal, keep the
				roll of all members, and discharge such other duties as may be assigned by the
				Chair or the members. The Executive Director shall serve as deputy to the
				Secretary.
(d) Treasurer - The
				Treasurer shall supervise the financial affairs of the Council, including
				recommending designation of checking and savings account depositories, and
				perform such other duties as usually pertain to that office. Except as provided
				for elsewhere, each negotiable check or warrant shall bear the signature of the
				Treasurer.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-1 - ORGANIZATION, PURPOSE AND OPERATIONS › Section 29I-1.006 - Conduct of Meetings

Current through Reg. 50, No. 138; July 16, 2024
(1) The Council
				shall hold regular monthly meetings at a time and place to be determined by the
				membership prior to adjournment of the previous meeting or by the Chair in the
				absence of such determination. A monthly meeting may be waived by a majority of
				the Council. Business to have been conducted at the waived meeting shall be
				considered at the next successive monthly meeting.
(2) Special meetings of the Council may be
				called by the Chair at his/her discretion or when requested by six (6) voting
				members.
(3) Voting.
(a) Council members must be present to vote.
				A quorum shall consist of a majority of the total voting membership of the
				Council, representing at least four (4) of the Counties. When a quorum is
				present, a majority of those present may take action on matters properly
				presented at the meeting. Members present shall vote on each question presented
				to the Council unless they disqualify themselves. Business shall be transacted
				only at regular or special called meetings and shall be duly recorded in the
				minutes thereof.
(b) As permitted
				by Florida Statutes, Council members are present at a meeting when
				participating through interactive video and telephone
				systems.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-1 - ORGANIZATION, PURPOSE AND OPERATIONS › Section 29I-1.007 - Budget and Finances

Current through Reg. 50, No. 138; July 16, 2024
(1) The Council
				shall cause to be prepared and shall adopt on or before August 15 of each year
				a budget for the development and implementation of the planning and development
				programs by such means and through such agencies as the Council shall determine
				and shall certify a copy thereof to the Clerk of the governing body of each
				local government that is a member established through paragraphs (a) and (c) of
				subsection  29I-1.004(1),
				F.A.C., above. Upon approval thereof by the governing body each member local
				government shall include in its annual budget and cause the levy of a millage
				sufficient to produce the amount necessary to fund its proportionate share of
				the Council's total budget for the District, which, beyond minimums for
				individual membership established by the Council, bears the same ratio to the
				total budget as the population of each member unit bears to the total
				population of the District, all as determined annually by official population
				forecasts by the state of Florida for the year preceding each budget
				determination.
(2) The fiscal year
				of the Council shall commence on the first day of October of each year and end
				on the last day of September of the following year.
(3) The Council shall have the right to
				receive and accept in furtherance of its functions, funds, grants and services
				from Federal, State and Local Governments or their agencies and from private
				and community sources, and to expend therefrom such sums of money as shall be
				deemed necessary from time to time for the attainment of its
				objectives.
(4) Services Charges.
				The Council may establish fees for its services reasonably related to the
				general cost of providing such service including but not limited to the
				processing of Applications for Developments of Regional Impact.
(5) The Council shall maintain bank accounts,
				including, but not limited to, checking and savings accounts, and to do those
				things generally authorized by law for such public authorities.
(6) Designation of Authorized Fiscal
				Signatures. Each check or warrant issued by the Council shall be co-signed by
				one of two designated Council officers and by one of two designated Council
				employees in the following manner:
(a)
				Authorized Council Officers. Treasurer, or in his absence, a voting member
				designated by the Council.
(b)
				Authorized Council Employees. Executive Director, or in his absence, the
				Director of Planning, shall verify that budgeting provisions have been made
				therefor, and that quid pro quo has been received and shall have the check or
				warrant prepared.
All such Officers or Employees of the Council to whom
				  authority to receive and disburse funds has been delegated shall be
				  sufficiently bonded under a general fidelity bond to be paid by the
				  Council.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-1 - ORGANIZATION, PURPOSE AND OPERATIONS › Section 29I-1.008 - Responsibilities and Authority

Current through Reg. 50, No. 138; July 16, 2024
The Council shall exercise all powers granted to regional
				  planning councils, or regional planning agencies by Section
				   186.505 F.S., and by its
				  Interlocal Agreement dated, November 8, 1973, amended October 28, 1980,
				  incorporated by reference and available from the Council.
Rulemaking Authority
					 186.505(1) FS.
					 Law Implemented 186.502
					 FS.
New 2-9-76, Amended 7-18-82, Formerly 29I-1.08, Amended
					 5-7-92, 5-14-09.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-1 - ORGANIZATION, PURPOSE AND OPERATIONS › Section 29I-1.009 - Amendments

Current through Reg. 50, No. 138; July 16, 2024
These rules shall be amended by a majority vote of the
				  Council. All proposed amendments shall be voted on at a regular meeting, the
				  call of which meeting shall have included notice of the proposed amendment, and
				  which shall have been duly advertised in accordance with the provisions of
				  Chapter 120, F.S.
Rulemaking Authority
					 120.53(1) FS.
					 Law Implemented 120.53(1),
					 163.01
					 FS.
New 2-9-76, Amended 2-20-77, Formerly
					 29I-1.09.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-1 - ORGANIZATION, PURPOSE AND OPERATIONS › Section 29I-1.010 - Information Requests

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				principal office of the Southwest Florida Regional Planning Council is located
				at 1926 Victoria Avenue, Fort Myers, Florida 33901-3414. The office hours are
				Monday through Friday, from 8:00 a.m. to 5:00 p.m. All official forms,
				publications or documents of the Council are available for public inspection at
				the Council's principal office during regular business hours.
(2) All information requests are fulfilled in
				compliance with the Florida Public Records Law, Chapter 119, F.S.
(3) Copies of the Council's forms,
				publications and official documents prepared for public dissemination are
				available as follows:
(a) Public agencies,
				defined as those organizations representing the public; government agencies
				situated in the State of Florida receive Council publications at no
				charge.
(b) Private organizations
				situated in Florida and all parties outside of Florida can receive Council
				publications at cost.
(c)
				Publications out of print or singular documents are available for inspection at
				its principal office. Persons wishing photocopies may receive same at
				cost.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-4 - DEVELOPMENTS OF REGIONAL IMPACT (DRI'S) › Section 29I-4.001 - DRI Review Process

Current through Reg. 50, No. 138; July 16, 2024
(1) The DRI Review Process incorporates the
				following Council practices and procedures in conjunction with the required
				guidelines, reviews, reports, recommendations, and time limitations imposed by
				Chapter 380, F.S. The Southwest Florida Regional Planning Council (SWFRPC) has
				been charged by the State with the responsibility of reviewing Developments of
				Regional Impact (DRI's) as defined and authorized by Chapter 380, F.S. The
				SWFRPC is responsible for State Region 9, encompassing the Counties of
				Charlotte, Collier, Glades, Hendry, Lee and Sarasota.
(2) By law, the SWFRPC has 50 days in which
				to review an Application for Development Approval (ADA) after receiving notice
				that the legislative body of the local government will hold a DRI Public
				Hearing. However, the local government cannot schedule a DRI Public Hearing
				until it has received a letter from the SWFRPC indicating that the application
				is sufficient for review or that the SWFRPC has received notification from the
				developer that the additional requested information will not be
				supplied.
(3) Upon receiving a
				DRI-ADA, the SWFRPC has 30 calendar days in which to determine the sufficiency
				of the information provided. In order to provide an applicant with reasonable
				assurance that ADA will be acceptable, all information requested must be in the
				ADA. If the information in an ADA is determined by the SWFRPC to be
				insufficient, the applicant and the local government will be notified, in
				writing, of any information desired. If additional information is requested,
				the applicant has two options:
(a) To provide
				a letter within five working days of the receipt of the statement, requesting
				additional information, stating that the additional information will be
				provided to the SWFRPC and the local government. The applicant may choose to
				supply some of the requested information and decline, in writing, to provide
				the balance.
(b) To notify the
				SWFRPC that the requested additional information will not be provided. In this
				case, the SWFRPC may find it necessary to recommend that the ADA be denied for
				lack of information.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-4 - DEVELOPMENTS OF REGIONAL IMPACT (DRI'S) › Section 29I-4.003 - Procedures for Filing an ADA

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				Application for Development Approval (ADA) may be received at any time by the
				SWFRPC. Before filing an ADA, the applicant shall contact the SWFRPC to arrange
				for a preapplication conference. During this conference, SWFRPC shall provide
				the applicant information about the DRI Process and the use of preapplication
				conferences to identify the appropriate listed regional issues and coordinate
				appropriate state, district, and local agency requirements.
(2) If during a preapplication meeting, the
				applicant states that any question(s) from the ADA appear unnecessary for a DRI
				and requests such question(s) be eliminated, the SWFRPC shall review the
				arguments of the applicant and then draft a written agreement for the
				elimination of any question(s) it deems unnecessary. If the SWFRPC determines
				during sufficiency review of a DRI that elimination of any ADA question(s) was
				based upon erroneous information, the question shall be immediately
				reinstated.
(3) The applicant must
				send a "Letter of Intent" to the Council at least one week prior to the
				submission of the DRI-ADA. All DRI communication and requests should be
				directed to:
Executive Director
Southwest Florida Regional Planning Council
(Please contact the agency for appropriate mailing
				  address)
(4) At various
				intervals in the DRI Review Process, the Council's staff and the
				developer/owner, or a representative, may meet to discuss information
				deficiencies of the ADA and regional issues identified in the ADA. These
				meetings will be used to establish communication with the applicant and to seek
				appropriate measures to changes in the ADA necessary to resolve the regional
				issues prior to final review of the ADA by the Council.
(5) State, regional, and local governmental
				agencies will be invited to participate in the DRI Review process. Comments or
				reports on a particular DRI provided by such agencies will be included in the
				report of the staff to the Council.
(6) Standards used in review of DRI projects
				shall be as specified within SWFRPC rules and Regional Comprehensive Policy
				Plans. The SWFRPC shall also consider other appropriate Federal, State and
				Local Government Standards and Policies during the review of DRI
				projects.
Rulemaking Authority
					 120.53(1),
					 163.01,
					 186.505 FS. Law Implemented
					 120.53(1),
					 163.01,
					 186.505,
					 380.06,
					 380.07
					 FS.
New 2-9-76, Amended 2-20-77, 7-18-82, Formerly 29I-4.03,
					 Amended 7-27-86, 2-19-92.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-4 - DEVELOPMENTS OF REGIONAL IMPACT (DRI'S) › Section 29I-4.004 - DRI-ADA Form

Current through Reg. 50, No. 138; July 16, 2024
(1) An application for development approval
				shall be submitted using the state land planning agency official ADA forms
				specified within Rule
				 9J-2.010, F.A.C. Form
				RPM-BSP-ADA-1, Development of Regional Impact Application for Development
				Approval under Section
				 380.06, F.S., effective 11/90,
				hereby incorporated by reference, shall be used and may be obtained from the
				SWFRPC. Each question shall be fully answered. The Standard ADA form is subject
				to clarification to reflect specific regional concerns and to clarify the
				intent and response necessary to specific questions or parts of questions. Such
				supplemental questions shall be provided to the applicant at the preapplication
				meeting.
(2) Applications are
				required to be submitted on 8 1/2 x 11 inch paper. Digital files and
				geo-referenced data may also be required. Each question must be repeated in the
				application text with the answer following.
Rulemaking Authority
					 186.505(1) FS.
					 Law Implemented 380.06
					 FS.
New 2-9-76 Amended 2-20-77, 7-18-82, Formerly 29I-4.04,
					 Amended 7-27-86, 2-19-92, 5-14-09.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-4 - DEVELOPMENTS OF REGIONAL IMPACT (DRI'S) › Section 29I-4.005 - DRI-ADA Submission

Current through Reg. 50, No. 138; July 16, 2024
Copies of the completed ADA shall be submitted to the local
				  government on the same date submitted to the SWFRPC. A minimum of 20 copies
				  shall be submitted to the SWFRPC. Additional copies may be requested based on
				  the number of regional review agencies expected to participate in the review
				  process.
Rulemaking Authority
					 120.53(1),
					 163.01,
					 186.505 FS. Law Implemented
					 120.53(1),
					 163.01,
					 186.505,
					 380.06,
					 380.07
					 FS.
New 2-9-76, Amended 1-3-77, 2-20-77, 7-18-82, Formerly
					 29I-4.05, Amended 7-27-86, 2-19-92.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-4 - DEVELOPMENTS OF REGIONAL IMPACT (DRI'S) › Section 29I-4.006 - Request for DRI Review

Current through Reg. 50, No. 138; July 16, 2024
The applicant must complete and deliver with the application
				  for development approval (ADA) a "SWFRPC receipt and review fee agreement for
				  review of developments of regional impact, " (eff. 7/2006 available from
				  Southwest Florida Regional Planning Council).
Rulemaking Authority
					 186.505(1) FS.
					 Law Implemented 186.505,
					 380.06
					 FS.
New 2-9-76, Amended 2-20-77, Formerly 29I-4.06, Amended
					 2-19-92, 5-14-09.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-4 - DEVELOPMENTS OF REGIONAL IMPACT (DRI'S) › Section 29I-4.007 - DRI Review Fee

Current through Reg. 50, No. 138; July 16, 2024
The DRI review fee for each DRI application, Florida Quality
				  Development application, substantial deviation application, substantial
				  deviation determination, supplemental plans and reviews identified in a
				  development order requiring regional review or approval and review of each
				  annual report are governed by the provisions of Rule
				   9J-2.0252, F.A.C. (DRI Review
				  Fee Rule).
Rulemaking Authority
					 186.505(1) FS.
					 Law Implemented 380.06,
					 380.07
					 FS.
New 8-19-76, Amended 2-20-77, 7-18-82, Formerly 29I-4.07,
					 Amended 7-27-86, 9-20-88, 2-19-92,
					 5-14-09.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-4 - DEVELOPMENTS OF REGIONAL IMPACT (DRI'S) › Section 29I-4.0081 - Master Development Approval Alternative Review Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1) If a proposed development is planned for
				development over an extended period of time, the developer may follow an
				alternative development of regional impact review procedure by filing an
				application for master development approval of the project and agree to present
				subsequent increments of the development for preconstruction review. This
				alternative procedure shall follow development of regional impact procedures
				established by statute and rule but shall not be used for the optional
				coordinated review process. The developer shall consult with the local
				government and the SWFRPC regarding information to be provided; the timing of
				review of phases, increments, or issues related to regional impacts of the
				proposed development; and any other considerations that must be addressed in
				the application for master development approval and the agreement required by
				Section  380.06, F.S. The agreement shall
				be entered into by the developer, the SWFRPC, and the local government having
				jurisdiction before the application for master development approval is
				filed.
(2) In determining
				sufficiency of information contained in an application for master development
				approval, the SWFRPC shall give consideration to: the adequacy and availability
				of sufficient, reliable information; the necessity of subsequent review of
				phases, increments, or issues related to regional impacts; additional
				information which may be required in subsequent incremental applications; and
				issues which could result in the denial of an incremental
				application.
(3) Prior to adoption
				of the master plan development order by the local government, the SWFRPC board
				shall review the draft development order and, if appropriate, related
				agreements, at a regularly scheduled board meeting, to ensure that the
				requirements of Section
				 380.06, F.S., are met.
(4) The review of subsequent incremental
				applications shall be as prescribed in Section
				 380.06, F.S. Substantial changes
				in conditions underlying the approval of the master development order was based
				are to be construed to mean changed conditions or inaccurate information that
				creates a reasonable likelihood of additional adverse regional impact or any
				other regional impact not previously reviewed by the regional planning
				agency.
Rulemaking Authority
					 120.53,
					 163.01,
					 186.505 FS. Law Implemented
					 120.53,
					 163.01,
					 186.505,
					 380.06,
					 380.07,
					 FS.
New 7-27-86.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-4 - DEVELOPMENTS OF REGIONAL IMPACT (DRI'S) › Section 29I-4.009 - Conceptual Agency Review

Current through Reg. 50, No. 138; July 16, 2024
In order to facilitate the planning and preparation of permit
				  applications for projects that undergo development-of-regional-impact review,
				  and in order to coordinate the information required to issue such permits a
				  developer may elect to request conceptual agency review pursuant to Section
				   380.06, F.S., either
				  concurrently with development-of-regional-impact review and comprehensive plan
				  amendments, if applicable, or subsequent to a preapplication conference. The
				  developer should notify the SWFRPC and appropriate review agencies of his
				  intent to request Conceptual Agency Review at the pre-application
				  conference.
Rulemaking Authority
					 120.53,
					 163.01,
					 186.505 FS. Law Implemented
					 120.53,
					 163.01,
					 186.505,
					 380.06,
					 380.07
					 FS.
New 7-27-86.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-4 - DEVELOPMENTS OF REGIONAL IMPACT (DRI'S) › Section 29I-4.010 - Downtown Development Authorities

Current through Reg. 50, No. 138; July 16, 2024
(1) A downtown
				development authority may submit a development-of-regional-impact application
				for development approval pursuant to Section
				 380.06, F.S. The area described
				in the application may consist of any or all of the land over which a downtown
				development authority has the power described in Section
				 380.031(5),
				F.S. For the purposes of this subsection, a downtown development authority
				shall be considered the developer whether or not the development will be
				undertaken by the downtown development authority.
(2) In addition to information required by
				the development-of-regional-impact application, the application for development
				approval submitted by a downtown development authority shall specify the total
				amount of development planned for each land use category.
Rulemaking Authority
					 120.53,
					 163.01,
					 186.505, FS. Law Implemented
					 120.53,
					 163.01,
					 186.505,
					 380.06,
					 380.07,
					 FS.
New 7-27-86.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-4 - DEVELOPMENTS OF REGIONAL IMPACT (DRI'S) › Section 29I-4.011 - Areawide Development of Regional Impact

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				authorized developer may submit an areawide development of regional impact to
				be reviewed pursuant to the procedures and standards set forth in Section
				 380.06, F.S. The areawide
				development-of-regional-impact review shall include an area wide development
				plan in addition to any other information required by rule pursuant to Section
				 380.06, F.S., and the
				information required in the state land planning agency official ADA
				form.
(2) Prior to filing an
				Areawide DRI, the authorized developer shall submit a petition to the local
				government, the SWFRPC, and the state land planning agency requesting
				authorization to submit an Areawide ADA. Such petition shall include proof that
				timely, actual notice has been provided by the petitioner to each person owning
				land within the proposed areawide development plan. This notice shall be in
				addition to other notice of public hearings as required by Section
				 380.06, F.S.
(3) Criteria used by the SWFRPC for
				evaluating a petition shall include, but not be limited to:
(a) Whether the developer is financially
				capable of processing the application for development approval through final
				approval pursuant to this section.
(b) Whether the defined planning area and
				anticipated development therein appear to be of a character, magnitude, and
				location that a proposed areawide development plan would be in the public
				interest. Any public interest determination under this criterion is preliminary
				and not binding on the state land planning agency, the SWFRPC, or local
				government.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-4 - DEVELOPMENTS OF REGIONAL IMPACT (DRI'S) › Section 29I-4.012 - Florida's Quality Developments Program

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				authorized developer may file an application under the Florida's Quality
				Developments program pursuant to Section
				 380.061, F.S. The developer
				shall submit the application to the state land planning agency, the SWFRPC, and
				the appropriate local government for review. The review shall be conducted
				under the time limits and procedures set forth in Section
				 120.60, F.S., except that the
				90-day time limit shall cease to run when all three entities reviewing the
				project have notified the applicant of their decision on whether the
				development should be designated under this program.
(2) Criteria used by the SWFRPC for review of
				an application submitted under this program shall be as specified within
				Section  380.06,
				F.S.
Rulemaking Authority
					 186.505(1) FS.
					 Law Implemented 380.06
					 FS.
New 7-27-86, Amended
					 5-14-09.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-4 - DEVELOPMENTS OF REGIONAL IMPACT (DRI'S) › Section 29I-4.013 - Review of Amendments to Development Orders

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				developer shall submit, simultaneously, to the local government, the SWFRPC,
				and the state land planning agency, the request for approval of a proposed
				change to a previously approved development of regional impact. The form for
				this submission shall be as prescribed by rule of the Department of Community
				Affairs.
(2) The SWFRPC shall
				review the proposed change and may, in its discretion and within 30 days of
				submittal by the developer of the request for approval of a change, advise the
				local government of its intention to participate at the public hearing before
				the local government.
(3) The
				decision of the local government to approve, with or without conditions, or to
				deny the proposed change that the developer asserts does not require further
				review, shall be subject to the appeal provisions of Section
				 380.07, F.S.
(4) If a proposed change requires further
				development-of-regional-impact review pursuant to this section, the review
				shall be conducted subject to the following additional conditions:
(a) The development-of-regional-impact review
				conducted by the SWFRPC shall address only those issues raised by the proposed
				change except as provided in paragraph (b).
(b) The SWFRPC shall consider, and recommend
				whether to approve, approve with conditions, or deny the proposed change as it
				relates to the entire development.
(c) If the SWFRPC determines that the
				proposed change as it related to the entire development should be approved, any
				new conditions in the amendment to the development order recommended by the
				SWFRPC shall address only those issues raised by the proposed
				change.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-5 - CLEARINGHOUSE REVIEW PROCEDURES › Section 29I-5.001 - General

Current through Reg. 50, No. 138; July 16, 2024
(1) The Southwest Florida Regional Planning
				Council was designated as the are awide clearinghouse pursuant to United States
				Office of Management and Budget Circular A-95 for substate District Nine on May
				17, 1974.
(2) The Council's
				Clearinghouse Review function addresses projects requiring review under OMB
				Circular A-95 as well as U.S. Army Corps of Engineers/Department of
				Environmental Regulation Permits, Environmental Impact Statements, Florida
				Highway Projects, and Coast Guard Permits.
Specific Authority
					 163.01,
					 120.53(1) FS.
					 Law Implemented 163.01,
					 120.53(1)
					 FS.
New 9-5-78, Amended 10-15-78, Formerly
					 29I-5.01.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-5 - CLEARINGHOUSE REVIEW PROCEDURES › Section 29I-5.002 - Classification of Projects

Current through Reg. 50, No. 138; July 16, 2024
(1) Because of
				the high volume of Clearinghouse reviews, and the desire of the Council to
				provide more detailed analysis of those projects of regional significance,
				without duly burdening those applications of a local nature, a classification
				system is employed. All applications are classified as either a) Projects of
				Regional Significance, b) Projects of Less Than Regional
				Significance.
(2) Projects of
				Regional Significance include:
(a) All
				federally assisted projects or programs of organizations or agencies having
				multi-jurisdictional responsibility within all or part of the Region.
(b) All applications for comprehensive
				planning and management grants.
(c)
				All applications for projects which cross county boundaries, impact two or more
				counties, or projects of significant multi-jurisdictional impact.
(d) All applications for projects which
				approach the DRI threshold.
(e) All
				Environmental Impact Statements.
(f) All Proposals with a significant water
				quality impact on the Council's 208 study area.
(g) Any project which, due to its unique
				aspects, has regional significance.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-5 - CLEARINGHOUSE REVIEW PROCEDURES › Section 29I-5.003 - Review Criteria

Current through Reg. 50, No. 138; July 16, 2024
(1) Projects of
				Regional Significance.
In reviewing Projects of Regional Significance, the following
				  criteria is generally used in whole or in part:
(a) Project's consistency with adopted
				regional and local goals, objectives and policies.
(b) The need for the project and whether it
				duplicates an existing program.
(c)
				Appropriateness of the proposed funding levels and its project costs.
(d) Accuracy of data utilized;
				appropriateness of methodology, and the completeness of the proposal.
(e) The project's potential for air, noise
				and water pollution.
(f) The
				potential impact on historic/archeologic sites, wildlife habitats and sensitive
				ecosystems.
(g) The potential for
				increased surface water runoff and/or erosion.
(h) The accessibility to adequate
				infrastructure.
(i) The location of
				project in relation to those it will serve.
(j) If the project is located in the coastal
				zone, the project's compatibility with the State's Coastal Zone Management
				Program.
(k) The impact of traffic
				generated by the project.
(l) The
				effects on energy resource supply and demand.
(m) The project's potential secondary impacts
				including impacts on neighboring communities.
(n) The potential displacement of people,
				housing or business.
(o) The
				project's relationship to flood plain.
Florida Administrative Code › 29 - REGIONAL PLANNING COUNCILS › 29I - Southwest Florida Regional Planning Council › Chapter 29I-5 - CLEARINGHOUSE REVIEW PROCEDURES › Section 29I-5.005 - Review Procedure - Graphic Presentation

Current through Reg. 50, No. 138; July 16, 2024
Click here to view
				  image
Rulemaking Authority
					 163.01,
					 120.53(1) FS.
					 Law Implemented 163.01,
					 120.53(1)
					 FS.
New 9-5-78, Amended 10-15-78, Formerly
					 29I-5.05.