Time Frame and Procedures for a Citizen Challenge to a Comprehensive Plan Amendment

Who Can Challenge a Plan Amendment Under Section 163.3184, Florida Statutes

An "affected person" can file a challenge to a plan amendment. An "affected person" is defined in section 163.3184(1)(a), Florida Statutes, as a person who:

• Owns property, resides, owns a business, or operates a business within the boundaries of the local government which adopted the plan amendment, or owns real property which abuts real property which is the subject of a proposed change to a future land use map, and adjoining local governments that meet the criteria in the statute;

AND

• Except for an adjoining local government, submitted oral or written comments, recommendations, or objections to the local government during the period of time beginning with the transmittal hearing for the plan or plan amendment and ending with the adoption of the plan or plan amendment.

What are the grounds for a Challenge

An affected person may challenge an adopted plan amendment on the ground that it is not "in compliance". Section 163.3184(1)(b), Florida Statutes, provides:

"In compliance" means consistent with the requirements of sections 163.3177, 163.3178, 163.3180, 163.3191, 163.3245, and 163.3248, Florida Statutes, with the appropriate strategic regional policy plan, and with the principles for guiding development in designated areas of critical state concern and with part III of chapter 369, Florida Statutes, where applicable.

Where to File a Petition to Challenge a Plan Amendment

The petition must be filed with the Division of Administrative Hearings and a copy must be mailed or delivered to the local government which adopted the plan amendment. The address for the Division of Administrative Hearings is:

Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060

For more information about filing a petition, including fax filing, visit the State of Florida - Division of Administrative Hearings website.

Deadline to File the Petition

The petition challenging a comprehensive plan amendment must be filed (that is, received by the Division of Administrative Hearings before 5:00 p.m. Eastern Time) within 30 days after the local government adopts the plan amendment.

Contents of the Petition

The petition must include all the information and contents described in Uniform Rules of Procedure 28-106.205, Florida Administrative Code, and conform to the other requirements of the Uniform Rules of Procedure.  A copy of the Uniform Rules of Procedure can be viewed and downloaded from the State of Florida - Division of Administrative Hearings Statutes and Rules website.

Statutes

• Section 163.3184(1)(a), Florida Statutes
• Section 163.3184(5)(a), Florida Statutes
• Section 163.3187(5)(a), Florida Statutes