Types of Plan Amendments that Must Follow the State Coordinated Review Guidelines
- Areas of Critical State Concern pursuant to Section 380.05, Florida Statutes
- Rural Land Stewardship pursuant to Section 163.3248, Florida Statutes
- Sector plans pursuant to Section 163.3245, Florida Statutes
- Comprehensive plans based on evaluation and appraisal reports pursuant to Section 163.3191, Florida Statutes
- Propose a development pursuant to Section 380.06(24)(x), Florida Statutes
- A new plan for newly incorporated municipalities adopted pursuant to Section 163.3167, Florida Statutes
Procedures - Proposed Phase
- Local government transmits the complete proposed plan amendment as follows:
- To the State Land Planning Agency (Department of Economic Opportunity):
- One paper copy, and
- Two electronic copies on a CD ROM in PDF format
- To the review agencies:
- The transmittal letter / cover sheet shall clearly indicate "amendment is subject to State Coordinated Review process pursuant to Section 163.3184(4), Florida Statutes".
- Within five working days the local government and agencies are notified by the State Land Planning Agency of receipt of the amendment.
- Within 30 days of receipt by the State Land Planning Agency of the complete amendment, the reviewing agencies shall send comments directly to the State Land Planning Agency.
- Within 60 days after receipt of complete amendment, the State Land Planning Agency issues the Objection, Recommendation and Comments Report to the local government.
Procedures - Adopted Phase
- Local government shall hold a second public hearing within 180 days after receipt of the Department of Economic Opportunity (DEO) Objection, Recommendations, and Comments Report. If the local government fails within 180 days after receipt of the Objection, Recommendation and Comments Report to hold a second public hearing, section 163.(4)(e), Florida Statutes, provides that the amendment(s) (except amendments related to a development of regional impact) shall be deemed withdrawn unless extended by agreement and notice to the State Land Planning Agency and any affected party that provided comments on the amendment.
- Within 30 days after the local government adopts the amendment, an affected person may file petition with the Department of Administrative Hearings challenging the amendment on the ground that it is not "in compliance" as defined in section 163.3184(1)(b), Florida Statutes.
- Local governments shall transmit three copies of the adopted amendment package within 10 working days after the second public hearing to the State Land Planning Agency and one copy to any other agency or local government that provided timely comments.
- The State Land Planning Agency shall determine the completeness of the package and notify the local government within five working days of receipt (see section 163.3184(3)(c)3, Florida Statutes).
Adopted Plan Amendment Package Contents
DEO will determine that an adopted package is complete if it includes:
- Executed copy of adoption ordinance;
- Text in strike-through/underline format;
For Future Land Use Map amendment changes:
- A copy of the Future Land Use Map depicting the existing land use designation and the adopted land use designation; and
- A copy of any data and analysis.
- Within 45 days after receipt of a complete adopted plan amendment package, the State Land Planning Agency issues a Notice of Intent to find plan amendment either in compliance or not in compliance.
- The State Land Planning Agency must post a copy of the Notice of Intent on its web site.
- The plan amendment will go into effect pursuant to the State Land Planning Agency's Notice of Intent if DEO finds the plan amendment in compliance and no challenge is filed by an affected party when the Notice of Intent is posted to the State Land Planning Agency's web site.
- If DEO determines that the plan amendment is not in compliance or if a challenge to the plan amendment is filed by an affected person, the plan amendment will not go into effect until DEO's not in compliance determination or an affected party challenge is resolved by final order of the Administration Commission or the State Land Planning Agency.