Instruction for Rendering Development Orders and Land Development Regulations

Section 380.07(2), Florida Statutes, and Rule 73C-44, Florida Administrative Code, require that development orders (permits, plats, re-plats, etc.) be rendered (sent) to FloridaCommerce for review. Regulations must be rendered to FloridaCommerce for review for consistency with the local government comprehensive plan and the Principles for Guiding Development for the Area. If FloridaCommerce finds that the regulations are not consistent with the local comprehensive plan and the Principles for Guiding Development, the regulations may be rejected. Below is a synopsis of the procedures:

Development Orders

Within 5 days after the expiration of the local appeal period, DEVELOPMENT ORDERS are to be rendered to FloridaCommerce either by regular U.S. Mail at the address below or by email: ACSC-DO@Commerce.fl.gov

1. FloridaCommerce has 45 days to appeal the development order on the ground that it is not consistent with the local government's comprehensive plan or the Principles for Guiding Development for the Area, or the development order becomes effective.
2. The status of development orders reviewed or being reviewed by FloridaCommerce is published on our website (see Permit Review Status).

Land Development Regulations

After adoption by the local government, land development regulations (ordinances) are to be rendered to FloridaCommerce either by regular U.S. Mail at the address below or by email: ACSC-DO@Commerce.fl.gov

1. FloridaCommerce has 60 days to issue a final order approving or rejecting the regulations.
2. The final order is published in the Florida Administrative Register.
3. There is a 21 day period after publication of the final order in which a substantially affected person may challenge the final order by filing a petition with FloridaCommerce. If the final order is challenged, the matter is heard before an Administrative Law Judge with the Division of Administrative Hearings, who issues a recommended order. FloridaCommerce then issues another final order that resolves the challenge.
4. Under sections 380.05(6) and (10), Florida Statutes, a land development regulation that affects an Area of Critical State Concern does not go into effect until a final order approving the regulation is issued by FloridaCommerce or, if the final order is challenged, until the challenge to the order is resolved pursuant to chapter 120, Florida Statutes.

The address for rendering development orders and land development regulations is:

• Area of Critical State Concern Program
• FloridaCommerce
• Division of Community Development
• 107 E. Madison Street
• Caldwell Bldg., MSC 160
• Tallahassee, FL 32399-4120