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

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

• Are within Areas of Critical State Concern pursuant to section 380.05, Florida Statutes.
• Propose a Rural Land Stewardship pursuant to section 163.3248, Florida Statutes.
• Propose Sector plans pursuant to section 163.3245, Florida Statutes, or an amendment to an adopted sector plan.
• Update a Comprehensive plan based on an evaluation and appraisal pursuant to section 163.3191, Florida Statutes.
• Propose a development that qualifies as a development of regional impact pursuant to section 380.06, Florida Statutes.
• Propose/adopt a new plan for a newly incorporated municipality pursuant to section 163.3167, Florida Statutes.

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 sections 163.3184(4) 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. Pursuant to section 163.3184(11)(b)1., Florida Statutes, the transmittal public hearing must occur on a week day at least seven (7) days after the day that the advertisement is published.
3. Pursuant to section 163.3184(11)(a), Florida Statutes, the decision to transmit a proposed plan amendment to the reviewing agencies must be by affirmative vote of not less than a majority of the members of the governing body present at the hearing.

Adoption Stage

Pursuant to sections 163.3184(4)(e)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. Pursuant to section 163.3184(11)(b)2., Florida Statutes, 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(4)(e)1., Florida Statutes, the adoption public hearing must occur within 180 days after receipt of FloridaCommerce's objections, recommendations, and comments report (except for Development of Regional Impact related amendments pursuant to section 380.06, Florida Statutes), or the amendment is deemed withdrawn. The 180 days can be extended by agreement with notice to FloridaCommerce and any affected person.
4. Pursuant to section 163.3184(11)(a), Florida Statutes, 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. Pursuant to section 163.84(11)(a), Florida Statutes, the adoption of a plan amendment must be by ordinance.