Small Scale Amendments Defined; Adoption; Challenge; Effective Date

What are Small Scale Comprehensive Plan Amendments?

• 50 acres or fewer - 100 acres in a designated Rural Area of Opportunity (formerly called Rural Area of Critical Economic Concern).
• Limited to Future Land Use Map (FLUM) changes for site-specific small scale development activities - no text changes except those that relate directly to and are adopted simultaneously with the small scale FLUM change.
• Property is not in an Area of Critical State Concern except for certain affordable housing projects.
• The change must maintain internal consistency between elements of the comprehensive plan.

Adoption Process

• One public hearing before local government board.
• The local government is invited to transmit a copy of the adopted small scale amendment to the State Land Planning Agency, so that the Department can maintain a complete and up-to-date copy of the local government’s comprehensive plan.

Challenge by an Affected Person

• An affected person files a petition with the Division of Administrative Hearings within 30 days following local government adoption of the plan amendment and provides a copy to the local government.
• An Administrative Law Judge holds a hearing in the local government's jurisdiction not less than 30 days or more than 60 days after the petition is filed.
• Parties: Petitioner, local government, and any intervenor.
• FloridaCommerce may not intervene.
• The Administrative Law Judge issues a recommended order.
  • If in compliance, the recommended order goes to FloridaCommerce, which has 30 days after it receives the recommended order to issue a final order or send the matter to the Administration Commission (if FloridaCommerce thinks the amendment is not in compliance).
  • If not in compliance, recommended order goes directly to Administration Commission, which has 90 days after it receives the recommended order to issue a final order.

Effective Date

• Small scale development amendments become effective 31 days after adoption if no challenge is filed.
• If challenged within 30 days after adoption, small scale development amendments do not become effective until the state land planning agency or the Administration Commission, respectively, issues a final order determining that the adopted small scale development amendment is in compliance.