The Florida Senate

403.9615  Plan amendment required.--In the event that an amendment to one or more local government comprehensive plans would be needed to make a project consistent with applicable local government comprehensive plans, the following process shall apply:

(1)  Within 30 days after receipt of the determination of sufficiency, or within 30 days after the date an applicant has requested that its application be processed on the basis of information already submitted, the local government shall adopt a plan amendment to make the project consistent or choose not to adopt the plan amendment. This action shall be taken at a public hearing noticed in accordance with s. 163.3184(15)(b)2., except that the public hearing pursuant to s. 163.3184(15)(b)1. shall not be required. A decision to not adopt the plan amendment shall cause the project not to be eligible for processing under this act.

(2)  If a plan amendment is adopted, the local government shall submit the plan amendment to the Department of Community Affairs within 5 days. Within 30 days of the receipt of the comprehensive plan amendment, the Department of Community Affairs shall, after consultation with other affected agencies, issue a notice of intent to find the plan amendment either in compliance or not in compliance with the Local Government Comprehensive Planning and Land Development Regulation Act.

(3)  If the Department of Community Affairs determines that the local government comprehensive plan amendment is not in compliance, the Department of Community Affairs shall promptly initiate efforts to enter into a compliance agreement with the local government. In the event a compliance agreement is not entered into within 100 days of receipt of the determination of sufficiency, or an applicant has requested that its application be processed on the basis of information already submitted, the Department of Community Affairs shall request a certification hearing pursuant to s. 403.962 and the issues in dispute shall be consolidated into the certification hearing and be addressed in the recommended order issued by the administrative law judge.

(4)  In the event an affected person as defined in s. 163.3184(1)(a) files a petition challenging the notice of intent issued by the Department of Community Affairs within 21 days of the publication of the notice, the petition shall constitute a request for a certification hearing pursuant to s. 403.962 and such proceeding shall be consolidated into the certification hearing. The petition shall separately state with reasonable particularity the factual and legal bases for the challenge.

(5)  A comprehensive plan amendment adopted pursuant to this act shall be exempt from the limitation on the frequency of plan amendments contained in s. 163.3187.

History.--s. 1, ch. 93-205; s. 185, ch. 96-410; s. 39, ch. 97-98.