Section 63F-12.001 - Purpose, Scope and Definitions(1) This rule chapter establishes dispute resolution procedures to be used when local government denies the department's request for modification after the local government has determined that a site for a juvenile justice facility proposed by the department or contracted provider is incompatible with local plans, ordinances or regulations. These procedures apply to initial siting as well as renovation of existing facilities and re-opening closed facilities. This will provide a flexible process to reconcile differences on planning and growth management issues that will: clearly identify and resolve problems as early as possible; provide for the appropriate involvement of affected and responsible parties; and provide process certainty to the extent possible.(2) For the purpose of this rule chapter, the following words shall have the meanings indicated: (a) "Initial proposal" is the request by the department or contracted provider for a determination by local government that a proposed site for a juvenile justice facility is appropriate for public use under applicable plans, ordinances or regulations.(b) "Juvenile justice facility" is the physical location of any residential or nonresidential program designed to provide services to juveniles under Chapter 984 or 985, F.S.(c) "Local government" is the local entity with jurisdiction over the proposed site of a juvenile justice facility, and may include special districts, authorities or school boards.(d) "Local plans, ordinances or regulations" include local comprehensive plans, local land use ordinances, local zoning ordinances or regulations, and other local ordinances in effect at the time the department or contracted provider makes a siting proposal.(e) "Modification" includes a variance, rezoning, special exception, or any other action of local government to remove a legal barrier to a proposed siting.(f) "Request for modification" is a letter from the department's Secretary or designee referencing this rule chapter, which is addressed to the relevant local government entity, seeking removal of a legal barrier to the proposed siting of a juvenile justice facility.Fla. Admin. Code Ann. R. 63F-12.001
Rulemaking Authority 985.64, 985.682 FS. Law Implemented 985.682 FS.
Adopted by Florida Register Volume 42, Number 169, August 30, 2016 effective 9/12/2016.