reglab/statecodes huggingface dataset:
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-19 - BASE FUNDING FOR COUNTY EMERGENCY MANAGEMENT AGENCIES, EMERGENCY MANAGEMENT COMPETITIVE GRANT PROGRAM AND MUNICIPAL COMPETITIVE GRANT PROGRAM RULE › Section 27P-19.014 - Noncompliance

Current through Reg. 50, No. 138; July 16, 2024
(1) If a recipient fails to comply with any
				term or condition applicable to an award under this rule chapter or any term or
				condition including, but not limited to, federal and state laws, rules and
				regulations, applicable to any other funding administered by the Division, then
				the Division shall take one or more of the following actions, as indicated by
				the attendant circumstances:
(a) Temporarily
				withhold cash payments, pending correction of the deficiency;
(b) Disallow all or part of the cost of the
				activity or action not in compliance;
(c) Suspend or terminate the award;
(d) Disallow future participation in the
				program or funding provided under this rule chapter;
(e) Recover all funds provided under the
				current award.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-20 - FEE SCHEDULE FOR COUNTY EMERGENCY MANAGEMENT AGENCY REVIEW OF FACILITY EMERGENCY MANAGEMENT PLANS › Section 27P-20.004 - Limitations and Record Keeping

Current through Reg. 50, No. 138; July 16, 2024
(1) Fees
				shall be reasonable and may not exceed the actual cost of providing the review
				and requested technical assistance service, in accordance with the complexity
				of the criteria established by law for the particular facility emergency
				management plan, and taking into account facility size and other factors. The
				total amount of the fee shall not exceed seven hundred fifty dollars ($750.00),
				the maximum amount established in this schedule for plan review and technical
				assistance, except under the circumstances identified in Rule
				 27P-20.005, F.A.C.
(2) The County Emergency Management Agency
				shall create and maintain accurate records of the actual costs associated with
				reviewing and approving each plan submitted to it. Such records shall be
				reasonably itemized, reflect generally acceptable accounting principles, and
				sufficiently and properly reflect the expenditure of funds. All costs
				associated with the review of the plan shall be charged to the facility plan's
				cost identifier.
(3) A facility
				that has not paid any amount due the County Emergency Management Agency as a
				result of previous plan review services shall not be permitted to submit a
				subsequent plan for review until the outstanding amount is paid or otherwise
				resolved and shall be considered to not have an approved facility emergency
				management plan.
(4) Funds received
				from fees paid shall be deposited in a separately identifiable fund or account.
				Unspent monies in this fund may be carried forward at the end of the fiscal
				year. However, each County Emergency Management Agency shall annually report to
				the Division the total amount received from facilities pursuant to this rule
				and the total costs of facility plan review and technical assistance. This
				report shall be submitted within sixty (60) days of the end of the County
				fiscal year. If the County Emergency Management Agency provides this
				information as part of any audit submitted by the County to the Division for
				any other purpose, then this information shall be separately identified within
				the audit report. Based upon that information, the Division shall revise the
				fee schedule as necessary so that fee amounts more closely reflect actual
				costs.
Rulemaking Authority
					 252.35(2)(x)
					 FS. Law Implemented 252.35(2)(m),
					 252.38(1)(e),
					 393.067(8),
					 395.1055(1)(c),
					 400.23(2)(g)
					 FS.
New 12-4-94, Formerly
					  9G-20.004.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-20 - FEE SCHEDULE FOR COUNTY EMERGENCY MANAGEMENT AGENCY REVIEW OF FACILITY EMERGENCY MANAGEMENT PLANS › Section 27P-20.007 - Review Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) After receipt
				of a plan, the County Emergency Management Agency shall complete its review
				within 60 days and either approve the plan or advise the facility of necessary
				revisions. If the plan needs revision, the county agency shall notify the
				facility of the specific items that need revision and a reasonable time frame
				in which to submit the revisions. Once received, the County Emergency
				Management Agency shall review the revisions within fifteen (15) days, and
				either approve the plan or notify the facility of additional needed revisions.
				If a plan is not approved by the County Emergency Management Agency after the
				submission and review of two (2) sets of revisions, the plan shall be
				considered to be not approved. A subsequent plan submission by the same
				facility shall be treated as a new plan review for purposes of assessing fees
				as set forth in Rule  27P-20.003, F.A.C.
(2) As part of the review and approval
				process, the County Emergency Management Agency shall establish a procedure to
				provide written notice to applicable state agencies and appropriate volunteer
				organizations of the opportunity to review facility plans. Notices consisting
				of a biweekly or monthly announcement of the plans received for review since
				the last announcement shall be acceptable. State agencies that shall be
				notified include: the Department of Elder Affairs, the Department of Health and
				Rehabilitative Services, the Agency for Health Care Administration, and the
				Division of Emergency Management. If an applicable state agency has a local or
				district office whose jurisdiction includes all of the county, the notice or
				publication shall be directed to such local or district office unless the
				county is advised otherwise in writing by the applicable state
				agency.
Rulemaking Authority
					 252.35(2)(x)
					 FS. Law Implemented 252.35(2)(m),
					 252.38(1)(e),
					 393.067(8),
					 395.1055(1)(c),
					 400.23(2)(g)
					 FS.
New 12-4-94, Formerly
					  9G-20.007.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-21 - HAZARDOUS MATERIALS RISK MANAGEMENT PLANNING FEE SCHEDULE › Section 27P-21.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this rule chapter:
(1) "Division" means the Division of
				Emergency Management, Executive Office of the Governor.
(2) "Specified stationary source" means a
				stationary source as defined in Section
				 252.936(18),
				F.S., that is not exempt from Chapter 252, Part IV, F.S.
(3) "Standard Industrial Classification Group
				number 01, 02 and 07" means those enterprises included in major groups 01
				(agricultural production crops), 02 (agricultural production livestock and
				animal specialties), and 07 (agricultural services), respectively, as described
				by the United States Office of Management and Budget, and the equivalent
				enterprises included in the North American Industry Classification System as
				described by the United States Department of Commerce, National Technical
				Information Service.
Rulemaking Authority
					 252.937(1)(b)
					 FS. Law Implemented 252.939
					 FS.
New 10-8-98, Formerly
					  9G-21.001.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-21 - HAZARDOUS MATERIALS RISK MANAGEMENT PLANNING FEE SCHEDULE › Section 27P-21.002 - Annual Registration Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				owner or operator of one or more specified stationary sources that are located
				within the State of Florida shall pay an annual registration fee for each
				stationary source based upon the source's highest program level, as determined
				from the source's Risk Management Plan.
(2) The owner or operator of one or more
				specified stationary sources located within the State of Florida, all of which
				are Program 1 stationary sources, shall pay fees as follows:
(a) The owner or operator of one Program 1
				stationary source shall pay an annual registration fee of $100 using Form
				Number RMP-001.
(b) The owner or
				operator of more than one Program 1 stationary source shall pay an annual
				registration fee of $100 for each Program 1 stationary source using Form Number
				RMP-001 unless the owner qualifies for an alternative fee schedule under
				paragraph  27P-21.002(2)(c),
				F.A.C.
(c) The owner of more than
				one Program 1 stationary sources, all of which have the same single chemical
				process, may pay an annual registration fee of $100 for the first source and an
				annual registration fee of $50 for each additional source up to a maximum of
				$1, 000 for all Program 1 stationary sources which have the same single
				chemical process only if the owner of such sources submits a single payment
				accompanied by a list of all source locations and an identification of the
				single chemical process using Form Number RMP-002.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-21 - HAZARDOUS MATERIALS RISK MANAGEMENT PLANNING FEE SCHEDULE › Section 27P-21.003 - Late Fees

Current through Reg. 50, No. 138; July 16, 2024
Late fees shall be assessed against the owner and operator of
				  one or more stationary sources located within the State of Florida for any
				  annual registration fee not timely submitted to the Division by the deadlines
				  established in Section
				   252.939(1)(a),
				  F.S. Late fees shall be assessed at ten percent per month of the annual
				  registration fee but may not exceed 50% of the annual registration fee owed for
				  any fee cycle.
Rulemaking Authority
					 252.937(1)(b)
					 FS. Law Implemented 252.939(2)
					 FS.
New 10-8-98, Formerly
					  9G-21.003.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-21 - HAZARDOUS MATERIALS RISK MANAGEMENT PLANNING FEE SCHEDULE › Section 27P-21.004 - Approved Forms

Current through Reg. 50, No. 138; July 16, 2024
Form Number
Subject
Effective Date
RMP-001
Annual Registration Fee Form for Single Stationary
							 Source
2-18-01
RMP-002
Annual Registration Fee Form for Multiple Source
							 Locations
2-18-01
These forms are hereby adopted by reference as a part of Rule
				  Chapter 27P-21, F.A.C., and may be obtained by calling or writing the Division
				  of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida
				  32399-2100.
Rulemaking Authority
					 252.937(1)(b)
					 FS. Law Implemented 252.939
					 FS.
New 10-8-98, Amended 10-31-99, 2-18-01, Formerly
					  9G-21.004.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-22 - HAZARD MITIGATION GRANT PROGRAM › Section 27P-22.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
This chapter describes the processes for application, project
				  selection and distribution of funds under the Hazard Mitigation Grant
				  Program.
Rulemaking Authority
					 252.35(2)(x)
					 FS. Law Implemented 252.311,
					 252.32,
					 252.35
					 FS.
New 2-24-02, Formerly
					  9G-22.001.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-22 - HAZARD MITIGATION GRANT PROGRAM › Section 27P-22.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Adoption" means a resolution, ordinance
				or other formal action taken by the governing body of a county or municipality
				indicating agreement with and acceptance of the relevant Local Mitigation
				Strategy.
(2) "Application" means
				the request for hazard mitigation funding as submitted to the Division of
				Emergency Management (Division or FDEM) by an Applicant.
(3) "Applicant" means a state agency, local
				government, Native American tribe or authorized tribal organization or private
				non-profit organization requesting hazard mitigation funding.
(4) "DHS" means Department of Homeland
				Security.
(5) "FEMA" means the
				Federal Emergency Management Agency.
(6) "Hazard" means a condition that exposes
				human life or property to harm from a man-made or natural disaster.
(7) "Hazard Mitigation" means any action
				taken to reduce or eliminate the exposure of human life or property to harm
				from a man-made or natural disaster.
(8) "Hazard Mitigation Grant Program", herein
				referred to as HMGP, means the program authorized under Section 404 of the
				Stafford Act and implemented by  44 C.F.R., Part 206, Subpart N, dated October
				1, 2019, hereby incorporated by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-12333
,
				a copy of which may be obtained by contacting the Division, which provides
				funding for mitigation projects as identified in the State Hazard Mitigation
				Plan.
(9) "Local Mitigation
				Strategy" or "LMS" means a plan to reduce identified hazards within a
				county.
(10) "Project" means a
				hazard mitigation measure as identified in an LMS.
(11) "Repetitive loss structures" means
				structures that have suffered two or more occurrences of damage due to flooding
				and which have received payouts from the National Flood Insurance Program as a
				result of those occurrences.
(12)
				"State Hazard Mitigation Plan" means Florida's version of the Hazard Mitigation
				Plan referred to in  44 C.F.R., Part 206, Subpart N and approved by FEMA. The
				State Hazard Mitigation Plan is set forth in the Enhanced State Hazard
				Mitigation Plan 2018, hereby incorporated into this rule by reference,
https://www.flrules.org/gateway/reference.asp?NO=Ref-12334
.
				A copy may be obtained by contacting the Division of Emergency
				Management.
(13) "Working Group" is
				the group responsible for the development and implementation of the Local
				Mitigation Strategy.
Rulemaking Authority
					 252.35(2)(x)
					 FS. Law Implemented 252.311,
					 252.32,
					 252.35
					 FS.
New 2-24-02, Formerly
					  9G-22.002, Amended 7-18-13,
					 11-24-20.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-22 - HAZARD MITIGATION GRANT PROGRAM › Section 27P-22.003 - Eligibility

Current through Reg. 50, No. 138; July 16, 2024
(1) Eligible types of projects shall include,
				but not be limited to, the following:
(a)
				Certain new construction activities that will result in protection from
				hazards;
(b) Retrofitting of
				existing facilities that will result in increased protection from
				hazards;
(c) Elevation of flood
				prone structures;
(d) Vegetative
				management/soil stabilization;
(e)
				Infrastructure protection measures;
(f) Stormwater management/flood control
				projects;
(g) Property acquisition
				or relocation; and
(h) Plans that
				identify and analyze mitigation problems and include funded, scheduled programs
				for implementing solutions, within the same disaster.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-22 - HAZARD MITIGATION GRANT PROGRAM › Section 27P-22.004 - LMS Working Groups

Current through Reg. 50, No. 138; July 16, 2024
Each county electing to participate in the HMGP must have a
				  formal LMS Working Group and a current FEMA approved LMS.
(1) Not later than the last working weekday
				of January of each year the Chairperson of the Board of County Commissioners
				shall submit to the Division a list of the members of the Working Group and its
				designated Chairperson and Vice-Chairperson.
(2) The Working Group shall include, at a
				minimum:
(a) Representation from various
				agencies of county government which may include, but not be limited to,
				planning and zoning, roads, public works and emergency management;
(b) Representation from all interested
				municipalities within the county; and
(c) Representation from interested private
				organizations, civic organizations, trade and commercial support groups,
				property owners associations, Native American Tribes or authorized tribal
				organizations, water management districts, regional planning councils,
				independent special districts and non-profit organizations.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-22 - HAZARD MITIGATION GRANT PROGRAM › Section 27P-22.005 - Local Mitigation Strategy

Current through Reg. 50, No. 138; July 16, 2024
Each LMS shall have the following components:
(1) A description of the activities of local
				government and private organizations that promote hazard mitigation; a
				description of the policies, ordinances or programs that guide those
				activities; and any deficiencies in the policies, ordinances, and programs with
				recommendations to correct those deficiencies.
(2) A description of the methods used to
				engage private sector participation.
(3) A statement of general mitigation goals,
				with Working Group recommendations for implementing these goals, and estimated
				dates for implementation.
(4) A
				description of the procedures used by the Working Group to review the LMS at
				regular intervals to ensure that it reflects current conditions within the
				County.
(5) A hazard assessment to
				include, at the minimum, an evaluation of the vulnerability of structures,
				infrastructure, special risk populations, environmental resources and the
				economy to storm surge, high winds, flooding, wildfires and any other hazard to
				which the community is susceptible.
(6) A statement of procedures used to set the
				order of priority for projects based on project variables which shall include
				technical and financial feasibility.
(7) A list of approved projects in order of
				priority with estimated costs and associated funding sources.
(8) A list of critical facilities that must
				remain operational during and after a disaster.
(9) A list of repetitive loss
				structures.
(10) Maps, in
				Geographical Information System (GIS) format, depicting hazard areas, project
				locations, critical facilities and repetitive loss
				structures.
Rulemaking Authority
					 252.35(2)(x)
					 FS. Law Implemented 252.311,
					 252.32,
					 252.35
					 FS.
New 2-24-02, Formerly
					  9G-22.005.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-22 - HAZARD MITIGATION GRANT PROGRAM › Section 27P-22.006 - County Allocations and Project Funding

Current through Reg. 50, No. 138; July 16, 2024
(1) The available HMGP funds shall be
				allocated to the counties included in the relevant presidential disaster
				declaration, as defined in Section
				 252.34(2),
				F.S., in proportion to each county's share of the federal disaster funding from
				the Public Assistance, Individual Assistance and Small Business Administration
				programs as of 120 days after the disaster declaration as reported by FEMA.
(a) Eligible and submitted projects for each
				county included in the relevant presidential disaster declaration will be
				funded in order of priority as outlined in the LMS Working Group endorsement
				letter until the allocated funds are exhausted, or all eligible projects are
				funded, whichever occurs first.
(b)
				Any allocation remaining after all eligible projects in any declared county are
				funded shall be reallocated to those counties included in the relevant
				presidential disaster declaration whose allocation was not sufficient to fund
				all submitted eligible projects in proportion to each county's share of
				unfunded projects.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-22 - HAZARD MITIGATION GRANT PROGRAM › Section 27P-22.007 - Application

Current through Reg. 50, No. 138; July 16, 2024
(1) The following entities may apply for
				funding under the program:
(a) State agencies
				and local governments;
(b) Private
				non-profit organizations or institutions that own or operate a private
				non-profit facility as defined in  44 C.F.R., §
											206.221(e), dated October 1,
				2019, hereby incorporated by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-12340
a copy of which may be obtained by contacting the Division; and
(c) Indian tribes or authorized tribal
				organizations.
Florida Administrative Code › 27 - EXECUTIVE OFFICE OF THE GOVERNOR › 27P - Division of Emergency Management › Chapter 27P-24 - EMERGENCY RULE FOR YEAR 2024 › Section 27PER24-1 - Florida Nonprofit Security Grant Program

Current through Reg. 50, No. 138; July 16, 2024
(1) The Florida Nonprofit Security Grant Program is designed for nonprofit organizations, including houses of worship, schools, museums, and community centers, that are at high risk for violent attacks or hate crimes. The grant may be used to address critical infrastructure equipment and technology needs as it relates to building security and the safety of attendees and staff.
(2) For purposes of this rule, the term:
(a) "Adoption" means a resolution, ordinance or other formal action taken by the governing body of a county or municipality indicating an agreement.
(b) "Application" means the request for FL-NSGP funding as submitted to the Division of Emergency Management (Division or FDEM) by an Applicant.
(c) "Applicant" means a nonprofit organization requesting FL-NSGP funding.
(d) "Assessment" means the FL-NSGP Vulnerability Assessment Worksheet.
(e) "Authorized Organization Representative" means the individual, named by the applicant organization, who is authorized to act for the applicant and to assume the obligations imposed by The Florida Division of Emergency Management.
(f) "CISA" means the Cybersecurity & Infrastructure Security Agency.
(g) "DEMES" means Division of Emergency Management Enterprise Solutions.
(h) "DHS" means the Department of Homeland Security.
(i) "Division" means the Florida Division of Emergency Management.
(j) "FL-NSGP" means Florida Nonprofit Security Grant Program.
(k) "Hate Crime" means a criminal act, that is motivated by prejudice on the basis of race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age of the victim.
(l) "Infrastructure Resilience Planning Framework" means the methods and resources to address critical infrastructure and resilience found at
https://www.cisa.gov/resources-tools/resources/infrastructure-resilience-planning-framework-irpf
.
(m) "IRS" means Internal Revenue Service.
(n) "Milestone" means a specific point within the project's life cycle used to measure the progress toward the completion of the project.
(o) "NSGP" means the DHS Nonprofit Security Grant Program.
(p) "Recipient" means the entity receiving FL-NSGP funding.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-10 - CERTIFICATION OF LOCAL GOVERNMENTS TO REVIEW DEVELOPMENTS OF REGIONAL IMPACT › Section 28-10.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.065(6)  FS. Law Implemented  380.065 FS.
New 6-1-87, Repealed 4-6-18 pursuant to Chapter 2018-158
					 L.O.F.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-10 - CERTIFICATION OF LOCAL GOVERNMENTS TO REVIEW DEVELOPMENTS OF REGIONAL IMPACT › Section 28-10.002 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.065(6)  FS. Law Implemented  380.065 FS.
New 6-1-87, Repealed 4-6-18 pursuant to Chapter 2018-158
					 L.O.F.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-10 - CERTIFICATION OF LOCAL GOVERNMENTS TO REVIEW DEVELOPMENTS OF REGIONAL IMPACT › Section 28-10.003 - Petitions for Certification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.065(6)  FS. Law Implemented  380.065 FS.
New 6-1-87, Repealed 4-6-18 pursuant to Chapter 2018-158
					 L.O.F.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-10 - CERTIFICATION OF LOCAL GOVERNMENTS TO REVIEW DEVELOPMENTS OF REGIONAL IMPACT › Section 28-10.004 - Department of Community Affairs Report and Recommendations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.065(6)  FS. Law Implemented  380.065 FS.
New 6-1-87, Repealed 4-6-18 pursuant to Chapter 2018-158
					 L.O.F.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-10 - CERTIFICATION OF LOCAL GOVERNMENTS TO REVIEW DEVELOPMENTS OF REGIONAL IMPACT › Section 28-10.009 - Monitoring Certified Local Governments (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.065(6)  FS. Law Implemented  380.065 FS.
New 6-1-87, Repealed 4-6-18 pursuant to Chapter 2018-158
					 L.O.F.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-10 - CERTIFICATION OF LOCAL GOVERNMENTS TO REVIEW DEVELOPMENTS OF REGIONAL IMPACT › Section 28-10.010 - Appeals and Enforcement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.065(6)  FS. Law Implemented  380.065 FS.
New 6-1-87, Repealed 4-6-18 pursuant to Chapter 2018-158
					 L.O.F.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-10 - CERTIFICATION OF LOCAL GOVERNMENTS TO REVIEW DEVELOPMENTS OF REGIONAL IMPACT › Section 28-10.011 - Development Orders for Developments of Regional Impact (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.065(6)  FS. Law Implemented  380.065 FS.
New 6-1-87, Repealed 4-6-18 pursuant to Chapter 2018-158
					 L.O.F.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-18 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF MARATHON › Section 28-18.100 - Purpose and Effect (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.0552(9)  FS. Law Implemented
					  380.0552 FS.
New 10-29-02, Repealed
					 11-28-05.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-18 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF MARATHON › Section 28-18.200 - Comprehensive Plan (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.0552(9)  FS. Law Implemented
					  380.0552 FS.
New 10-29-02, Repealed
					 11-28-05.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-18 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF MARATHON › Section 28-18.300 - Purpose and Effect

Current through Reg. 50, No. 138; July 16, 2024
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.
Rulemaking Authority  380.0552(9),  380.05(22)  FS. Law
					 Implemented  380.0552 FS.
New 6-17-11.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-18 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF MARATHON › Section 28-18.400 - Comprehensive Plan

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-19 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN, ISLAMORADA, VILLAGE OF ISLANDS › Section 28-19.100 - Purpose and Effect

Current through Reg. 50, No. 138; July 16, 2024
(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.
Rulemaking Authority  380.0552(9)  FS. Law Implemented
					  380.0552 FS.
New 7-26-99.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-19 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN, ISLAMORADA, VILLAGE OF ISLANDS › Section 28-19.200 - Comprehensive Plan (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.0552(9)  FS. Law Implemented
					  380.0552 FS.
New 7-26-99, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-19 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN, ISLAMORADA, VILLAGE OF ISLANDS › Section 28-19.310 - Comprehensive Plan

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-20 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-20.019 - Purpose and Effect

Current through Reg. 50, No. 138; July 16, 2024
(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.
Rulemaking Authority  380.05(8),  380.0552(9)  FS. Law
					 Implemented  380.0552 FS.
New 9-15-86, Amended 10-5-89,
					 1-2-96.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-20 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-20.020 - Comprehensive Plan (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented
					  380.05(8),  380.0552(4)  FS.
New 9-15-86, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-20 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-20.021 - Land Development Regulations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented
					  380.05(8),  380.0552(4)  FS.
New 9-15-86, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-20 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-20.022 - Second Administration Commission Amendments to the Comprehensive Plan (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.0552(9)  FS. Law Implemented
					  380.0552 FS.
New 10-5-89, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-20 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-20.023 - Second Administration Commission Amendments to Land Development Regulations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.0552(9)  FS. Law Implemented
					  380.0552 FS.
New 10-5-89, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-20 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-20.024 - Third Administration Commission Amendments to Land Development Regulations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.0552(9)  FS. Law Implemented
					  380.0552 FS.
New 8-12-92, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-20 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-20.025 - Land Development Regulations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.0552(9)  FS. Law Implemented
					  380.0552 FS.
New 1-2-96, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-20 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-20.100 - Comprehensive Plan (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8),  380.0552(9)  FS. Law
					 Implemented  380.0552 FS.
New 1-2-96, Amended 7-17-97, 7-26-99, 10-29-02, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-20 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-20.110 - Comprehensive Plan (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.0552(9)  FS. Law Implemented
					  380.0552 FS.
New 9-27-05, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-20 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-20.120 - Land Development Regulations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.0552(9)  FS. Law Implemented
					  380.0552 FS.
New 9-27-05, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-20 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-20.140 - Comprehensive Plan

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-21 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN CITY OF KEY COLONY BEACH › Section 28-21.100 - Purpose and Effect

Current through Reg. 50, No. 138; July 16, 2024
(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.
Rulemaking Authority  380.05(8)  FS. Law Implemented
					  380.05(8),  380.0552(7)  FS.
New 2-18-87.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-21 - LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN CITY OF KEY COLONY BEACH › Section 28-21.101 - Comprehensive Plan

Current through Reg. 50, No. 138; July 16, 2024
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."
(c) "Development shall not be permitted which
				exceeds the availability of adequate infrastructure."
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-22 - LAND PLANNING REGULATIONS FOR THE APALACHICOLA BAY AREA OF CRITICAL STATE CONCERN - FRANKLIN COUNTY › Section 28-22.100 - Purpose and Effect (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.0555(10)  FS. Law Implemented
					  380.0555 FS.
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.