§ 62-508. Procedure for filing verified complaint regarding development order.

(a)

Any affected party, as defined by F.S. § 163.3213, which alleges that any development order is inconsistent with the county comprehensive plan shall file a verified complaint pursuant to F.S. ch. 163 with the chairman of the board of county commissioners, and provide a copy to the director of the comprehensive planning division. The complaint shall provide:

(1)

The name, address and telephone number of the person or persons making the appeal.

(2)

The citation of the specific provision of the comprehensive plan on which the legislative action was based.

(3)

If applicable, a copy of the verbatim minutes of the meeting at which the local government took the action upon which the verified complaint is based.

The verified complaint shall set forth the facts upon which the complaint is based and the relief sought by the complaining party.

(b)

Pursuant to F.S. ch. 163, the verified complaint shall be filed no later than 30 days after the allegedly inconsistent action has been taken by the board of county commissioners. The local government receiving the verified complaint shall respond within 30 days after receiving the complaint. Thereafter, the filing requirements of F.S. ch. 163 shall control. Amendments to F.S. ch. 163 which affect the procedure or time for filing and responding to such verified complaints shall prevail over the procedures and timeframes stated in this section.

(c)

Upon receipt of the verified complaint, the growth management director or the director's designee shall present the verified complaint to the board of county commissioners at the next available scheduled meeting. A fee to be established by resolution of the board of county commissioners shall not be required for processing the verified complaint. The response of the board of county commissioners shall be provided to the complaining party within 30 days of receipt of the verified complaint by the chairman of the board of county commissioners, or its designee.

(d)

If a settlement agreement is sought pursuant to F.S. ch. 163, pt. II (F.S. § 163.3161 et seq.), a public hearing shall be required pursuant to the provisions of F.S. § 163.3164(17). If a settlement agreement is sought, signatures shall be obtained from all parties. Under the settlement agreement, the parties shall waive all rights to further appeal of the county's action in state or federal courts. Pursuant to any settlement agreement, the board of county commissioners shall act as appropriate to rezone or take other action regarding the issuance or rescission of a development order.

(Code 1979, § 14-66)