27E-5.007. Rule Adoption and Approval  


Effective on Tuesday, February 2, 2010
  • 1(1) Upon receiving the Findings and Recommendations Report, the council may amend the proposed plan to reflect any changes recommended in the Findings and Recommendations Report or by public or local government comment and shall then notice and conduct rulemaking to adopt the plan pursuant to the procedural requirements of Section 52120.54, F.S. 54The rules shall be adopted by the council within 90 days after receipt of the Findings and Recommendations Report submitted by the Executive Office of the Governor. Any rule adopting the plan shall not be subject to a rule challenge pursuant to Section 97120.56(2), F.S., 99or to drawout proceedings pursuant to Section 106120.54(3)(c), F.S., 108but once adopted, shall be subject to an invalidity challenge under Section 120120.56(3), F.S., 122by substantially affected persons. 126The council shall comply with the notice requirements in Section 136120.54, F.S., 138and shall make available copies of the Findings and Recommendations Report and other materials developed in conjunction with the proposed plan in accordance with the requirements of Section 166120.54, F.S.

    168(2) The plan or any amendment thereto shall be adopted by the procedures outlined in Section 184186.507(15), F.S., 186as amended by Chapter 95-322, Laws of Florida.

    194(3) The council shall submit the rule adopting the plan, and associated maps required by paragraph 21027E-5.004(3)(a), 211F.A.C., to the Speaker of the House and the President of the Senate no later than thirty (30) days after the plan is adopted by the governing body of the regional planning council. By attachment, the council may indicate where revisions recommended by the Executive Office of the Governor to ensure consistency with the State Comprehensive Plan were not adopted and provide a brief explanation for rejection of those recommendations. The council shall simultaneously furnish to the Executive Office of the Governor and the agencies referenced in paragraph 29927E-5.006(1)(a), 300F.A.C., a copy of such plan, and associated maps required by paragraph 31227E-5.004(3)(a), 313F.A.C., and any accompanying documentation. The rule shall take effect as provided for in Section 328186.508, F.S.

    330Rulemaking Authority 332186.507(2), 333186.508(1) FS. 335Law Implemented 337186.507(15), 338186.508 FS., 340as amended by Chapter 95-322, L.O.F. History–New 7-6-94, Amended 10-22-95, 2-2-10.

     

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