§ 92.14. State Petitions.

State Petitions shall be filed as set forth in Section 92.05, Ordinance Code, and shall be accompanied by the fee required by the Act. State Petitions should be accompanied by a cover letter addressing whether a local optional public hearing is requested.

Within seven days of a State Petition's filing, Counsel shall file a Notice of Receipt of the State Petition with the Council Secretary together with 24 copies of the State Petition which shall be immediately distributed to all Council members by the Secretary and at least one copy kept on file at the Secretary's offices.

The Council Secretary shall place the matter as a miscellaneous communication on the preliminary agenda of the next regular Council meeting for its consideration of whether, and if so when, to hold an optional local hearing, which decision shall be made by a majority voice vote taken in accordance with the Rules of the City Council, and directing a resolution be filed if a decision is made to hold the optional local hearing. If requested by the petitioner, a hearing shall be held but is not otherwise required.

State Petitions should be supplemented by providing Counsel a copy of the certification and request of the Florida Land and Water Adjudicatory Commission's Secretary prepared pursuant to rule 42-1.009, Florida Administrative Code, within ten days of the issuance thereof, and upon receipt of which Counsel shall immediately forward 24 copies of same to the Council Secretary.

Within ten days from the date of a Council decision to hold the optional local hearing, the Department, by and through its Comprehensive Planning division, shall prepare and file a report with the Chief of Legislative Services which report is required to contain an opinion of whether the state petition is consistent with the 2030 Comprehensive Plan.

The report and findings of the Department along with the findings of the FLAWAC related to the sufficiency and completeness of the state petition shall be considered by the full City Council at the hearing. In considering the relationship of the state petition to the six factors set forth at F.S. 190.005(1)(e), the Council is not bound by any findings, nor is Council required to reach a resolution regarding a state petition.

The optional local hearing's notice shall be prepared and published in compliance with Section 92.11, Ordinance Code, and otherwise all other optional local hearing matters including but not limited to notice, meeting procedures, record development and transmittal and all further actions related thereto, shall be undertaken at all times in compliance with F.S. § 190.005(1)(c) or § 190.046(1)(d)3., and consistent with all other law, the Charter and the Rules of the City Council, except that a State Petition is not required to be referred to a Committee of Council if such reference would jeopardize compliance with the time limitations specified at F.S. 190.005(1)(c).

(Ord. 2004-402-E, § 2; Ord. 2018-335-E , § 4)