Your Guide to Hillsborough County Comprehensive Plan Amendments

State law requires every local government in Florida to adopt a “Comprehensive Plan.” Plans must have a “Future Land Use Map” that details what “Future Land Use Category” applies to a parcel or area. Once the state adopts the plan and assigns the future land use category, private parties, local governments or agencies can submit amendments to change the future land use category.

This article only covers how a private property owner would complete a large-scale Comprehensive Plan Amendment (required for a parcel greater than 10 acres) in unincorporated Hillsborough County, Florida. However, the process for large-scale amendment review and adoption is similar in most jurisdictions throughout Florida.

How Does the Amendment Process Work?

Step One: Application and Pre-Submittal Conference

A landowner may submit an application for a Comprehensive Plan Amendment by one of four deadline dates. These dates are January 1st, April 1st, July 1st and October 1st. Landowners must complete a pre-submittal conference with a Hillsborough County City-County Planning Commission staff member within six months and at least 15 days before the filing deadline they choose.

Once applicants address all requirements in the Comprehensive Plan Amendment application and attend a pre-submittal conference, they can schedule a submittal conference and submit the completed application. Planning Commission staff will then review the application and the Planning Commission will hold a public hearing.

Step Two: Public Hearings

At the Planning Commission Public Hearing, the Planning Commission will hear the staff’s recommendation and may agree with, reverse or amend the recommendation. If the Planning Commission backs the staff’s recommendation, it will make a recommendation in support of the proposed amendment to the Hillsborough County Commission, with a finding that the proposal is consistent with the Hillsborough County Comprehensive Plan.

After proper notice is published and mailed, the County Commission will hold a public hearing to decide whether to send the proposed amendment to the State Land Planning Agency and other reviewing agencies as required by Florida law. If the County Commission votes to transmit the amendment packet, the Planning Commission staff must send it to the state.

Step Three: State Agency Review

State agencies, including the State Land Planning Agency (now the Department of Economic Opportunity), have 30 days to send comments on the proposed amendment to the Hillsborough County Commission. The County Commission then has 180 days to hold a noticed public hearing and adopt the proposed amendment, adopt it with amendments, or reject it.

Step Four: Amendment Approval

If adopted, the Comprehensive Plan Amendment is sent to the State Land Planning Agency and to any other local government or agency that provided comment. The amendment goes into effect 31 days after the State Land Planning Agency decides the application is complete.

Who Can Challenge Amendments?

An "affected person" can file a challenge to an adopted Comprehensive Plan Amendment. Florida Statutes define an "affected person" as someone who meets both of these conditions:

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 that abuts real property that is the subject of a proposed change to a future land use map, and adjoining local governments that meet the criteria in the statute
Except for an adjoining local government, submitted oral or written comments, recommendations or objections to the local government during the time between the transmittal hearing and the adoption of the plan or plan amendment

An affected person may challenge an amendment on the ground that it is not "in compliance." Florida Statutes hold that "in compliance" means consistent with the:

• Requirements of Florida statute sections 163.3177, 163.3178, 163.3180, 163.3191, 163.3245 and 163.3248
• Appropriate strategic regional policy plan
• Principles for guiding development in designated areas of critical state concern
• Part III of chapter 369 of the Florida Statutes, where applicable

Phelps’ business group has experience in Hillsborough County and throughout Florida in guiding proposed Comprehensive Plan Amendments to adoption. Our team has also defended amendments through the Florida administrative hearing process and challenged amendments that did not comply with state law.

Please contact Derrill McAteer or any member of Phelps’ Business team if you have questions or need compliance advice and guidance.