Florida Regulations 29I-5.004: Review Procedures
Current as of: 2024 | Check for updates
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All projects and programs which are reviewed by the Council are processed as follows:
When a proposal (Notification of Intent, Pre-Application, Permit Application, EIS, etc.) is received, it is date stamped, logged in and assigned a file number by the A-95 Coordinator. The Council has thirty (30) days to complete its Clearinghouse review of a project.
(2) Emergency Situations.
There are emergency situations when the Council will accept projects for Clearinghouse review with less than thirty (30) days remaining to review the project. The Council will work closely with the applicant to ensure that potential funding is not jeopardized. Review will commence when the documents are in a draft stage. Before the applicant is notified in writing of the Clearinghouse comments, however, the Council requires that the application in its final form be officially transmitted to it.
(3) Local Government Comment.
The A-95 Coordinator solicits comment from the local governments and other agencies whose interests might be affected. These letters indicate a deadline for comments. Comments received from local government or other agencies will either be included in the Council’s comments or attached to them. If no comment is received by this date, it is presumed that the project or program is not inconsistent with local plans.
(4) Staff Action.
Each project or program is screened by the Council staff to determine if it is a new application or a continuation/modification of an existing program. The staff member then determines if the project is of regional significance and applies the appropriate review criteria.
(5) Staff Recommendations.
Utilizing the classification system and respective review criteria, described previously, each project is identified to be within one of four categories as follows:
(a) Less than Regional Significance – Consistent with goals, objectives and policies,
(b) Less than Regional Significance – Not consistent with goals, objectives and policies,
(c) Regional Significance – Consistent with goals, objectives and policies,
(d) Regional Significance – Not consistent with goals, objectives and policies.
When initial staff review determines that a proposal of regional significance does not appear consistent with regional goals, objectives and policies, every effort is made with the applicant to resolve the issues. This includes requesting additional information, meeting with the applicant, or discussing the issues with local government or other commenting agencies. If the issues are resolved through this effort, the project is recategorized.
The identification of the projects as to category, along with all analysis and comments, constitutes the staff’s recommended action. Prior to each Council meeting, a report is prepared identifying the staff’s recommended action for all Clearinghouse projects received during the previous month.
(6) Council Action.
Unless prevented by extenuating circumstances, the Council shall approve or disapprove the staff’s recommended action for the Clearinghouse projects received during the previous month. Due to their importance, staff recommendations regarding Projects of Regional Significance that are not consistent with Regional and local goals, objectives, and policies shall be considered by the Council on an individual basis.
Specific Authority 163.01, 120.53(1) FS. Law Implemented 163.01, 120.53(1) FS. History-New 9-5-78, Amended 10-15-78, Formerly 29I-5.04.
(1) Receipt of Project.
When a proposal (Notification of Intent, Pre-Application, Permit Application, EIS, etc.) is received, it is date stamped, logged in and assigned a file number by the A-95 Coordinator. The Council has thirty (30) days to complete its Clearinghouse review of a project.
(2) Emergency Situations.
There are emergency situations when the Council will accept projects for Clearinghouse review with less than thirty (30) days remaining to review the project. The Council will work closely with the applicant to ensure that potential funding is not jeopardized. Review will commence when the documents are in a draft stage. Before the applicant is notified in writing of the Clearinghouse comments, however, the Council requires that the application in its final form be officially transmitted to it.
(3) Local Government Comment.
The A-95 Coordinator solicits comment from the local governments and other agencies whose interests might be affected. These letters indicate a deadline for comments. Comments received from local government or other agencies will either be included in the Council’s comments or attached to them. If no comment is received by this date, it is presumed that the project or program is not inconsistent with local plans.
(4) Staff Action.
Each project or program is screened by the Council staff to determine if it is a new application or a continuation/modification of an existing program. The staff member then determines if the project is of regional significance and applies the appropriate review criteria.
(5) Staff Recommendations.
Utilizing the classification system and respective review criteria, described previously, each project is identified to be within one of four categories as follows:
(a) Less than Regional Significance – Consistent with goals, objectives and policies,
(b) Less than Regional Significance – Not consistent with goals, objectives and policies,
(c) Regional Significance – Consistent with goals, objectives and policies,
(d) Regional Significance – Not consistent with goals, objectives and policies.
When initial staff review determines that a proposal of regional significance does not appear consistent with regional goals, objectives and policies, every effort is made with the applicant to resolve the issues. This includes requesting additional information, meeting with the applicant, or discussing the issues with local government or other commenting agencies. If the issues are resolved through this effort, the project is recategorized.
The identification of the projects as to category, along with all analysis and comments, constitutes the staff’s recommended action. Prior to each Council meeting, a report is prepared identifying the staff’s recommended action for all Clearinghouse projects received during the previous month.
(6) Council Action.
Unless prevented by extenuating circumstances, the Council shall approve or disapprove the staff’s recommended action for the Clearinghouse projects received during the previous month. Due to their importance, staff recommendations regarding Projects of Regional Significance that are not consistent with Regional and local goals, objectives, and policies shall be considered by the Council on an individual basis.
Specific Authority 163.01, 120.53(1) FS. Law Implemented 163.01, 120.53(1) FS. History-New 9-5-78, Amended 10-15-78, Formerly 29I-5.04.