Notice Requirements and Time Frames for Local Government Hearings - Expedited State Review

These notice requirements and time frames apply to comprehensive plan amendments reviewed under the Expedited State Review process - i.e., comprehensive plan amendments which:

• Are not small-scale plan amendments
• Are not within an area of critical state concern
• Do not propose a rural land stewardship area
• Do not propose a sector plan
• Do not update a comprehensive plan based on an evaluation and appraisal
• Do not propose a development pursuant to Section 380.06, Florida Statutes, or,
• Are not new plans for newly incorporated municipalities

Proposed Amendment - Local Planning Agency Stage

Pursuant to Section 163.3174(4)(a), Florida Statutes, the local planning agency must hold at least one public hearing on the proposed comprehensive plan amendment and must provide the public notice for that hearing. Section 163.3164(40), Florida Statutes, defines public notice to mean the notice required by Section 125.66(2), Florida Statutes, for a county or by Section 166.041(3)(a), Florida Statutes, for a municipality.

Proposed Amendment - Transmittal Stage

Pursuant to Section 163.3184(3) and (11), Florida Statutes, the governing body of the local government must consider transmittal of the proposed amendment at a public hearing.

1. Section 163.3164(40), Florida Statutes, defines public notice to mean the notice required by Section 125.66(2), Florida Statutes, for a county or by Section 166.041(3)(a), Florida Statutes, for a municipality.
2. The transmittal public hearing must occur on a week day at least seven (7) days after the day that the advertisement is published.
3. The decision to transmit a proposed plan amendment must be by affirmative vote of not less than a majority of the members of the governing board present at the hearing.

Adoption Stage

Pursuant to Sections 163.3184(3)(c)1 and (11), Florida Statutes, the governing body of the local government must consider the adoption of the plan amendment at a second public hearing.

1. Section 163.3164(40), Florida Statutes, defines public notice to mean the notice required by Section 125.66(2), Florida Statutes, for a county or by Section 166.041(3)(a), Florida Statutes, for a municipality.
2. The adoption public hearing must occur on a week day at least five (5) days after the day that the advertisement is published.
3. Pursuant to Section 163.3184(3)(c)1., Florida Statutes, the adoption public hearing must occur within 180 days after receipt of the agency comments (except for Development of Regional Impact related amendments), or the amendment is deemed withdrawn. The 180 days can be extended by agreement.
4. The decision to adopt a plan amendment must be by affirmative vote of not less than a majority of the members of the governing board present at the public hearing.
5. The adoption of a plan amendment must be by ordinance.