Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73C - Division of Community Development › Chapter 73C-41 - COMMUNITY PLANNING; GOVERNING THE PROCEDURE FOR THE SUBMITTAL AND REVIEW OF LOCAL GOVERNMENT COMPREHENSIVE PLANS AND AMENDMENTS › Section 73C-41.019 - Actions for Review of Local Government Regulations

Current through Reg. 50, No. 138; July 16, 2024
(1) Reasonable Grounds. If the Department has
				reasonable grounds to believe that a local government has failed to adopt one
				or more of the regulations required by section
				 163.3202, F.S., the Department
				shall mail a certified letter, return receipt requested, to the chief local
				elected official requiring the local government to transmit two copies of its
				adopted regulations, including regulations of other agencies if incorporated
				into the local government's regulations, to the Department of Economic
				Opportunity, Division of Community Development, within 30 calendar days from
				receipt of the letter from the Department. The regulations submitted must
				include copies of any separate adopting or enabling legislation. All copies of
				regulations and legislation must be certified as true and correct copies of the
				originals by the city or county clerk.
(a) The
				Department shall consider that reasonable grounds exist only if the Department
				of Economic Opportunity, Division of Community Development, has received a
				letter stating facts which show that the local government has completely failed
				to adopt one or more of the regulations required by section
				 163.3202(2),
				F.S., within one year after submission of its revised comprehensive plan for
				review pursuant to section
				 163.3191, F.S. The letter shall
				include the name, address, telephone number and signature of the sender and
				shall provide any relevant background documentation and specific reasons for
				the assertion that the required regulations have not been adopted.
(b) The local government shall respond to the
				Department's letter within 30 calendar days from receipt of the letter
				indicating either:
1. The regulations have
				been adopted, and submit two copies of the required regulations, including
				copies of any separate adopting or enabling legislation, to the Department of
				Economic Opportunity, Division of Community Development. All copies of
				regulations and legislation must be certified as true and correct copies of the
				originals by the city or county clerk; or
2. The actions the local government has
				already taken or will take to develop and adopt the required regulations and
				shall include a schedule approved by formal action of the local governing body
				for adoption of the regulations. The schedule must provide for the adoption of
				the required regulations within 120 calendar days from receipt of the
				Department's initial letter requesting copies of the regulations. The local
				government may request an extension of time from the Department during the 120
				day period. If the local government requests an extension of the 120 days, the
				Department must grant or deny the extension within 14 calendar days of receipt
				of the request. The Department shall not grant an extension unless substantial
				evidence exists that the local government is unable to adopt the regulations
				within the 120 day period. Upon adoption of the regulations pursuant this
				subsection, the local government shall transmit the adopted regulations in
				accordance with subparagraph (2)(b)1.