Sec. 650.414. - Maintenance of the comprehensive plan FLUMs and correction process for bona fide errors.

As amendments are made to the FLUMs, the Council Secretary shall provide the Department with a certified copy of each ordinance which enacts a comprehensive plan amendment within ten days of the effective date thereof. The Council Secretary shall also maintain a log of these ordinances with a brief description of the change and the applicable map. Upon the receipt from the Council Secretary of a certified copy of an ordinance amending the comprehensive plan, the Department shall revise copies of the FLUMs kept on public display, once amendments to the FLUMS become effective, to reflect the change. The Department shall also incorporate the amendment into the appropriate element of the comprehensive plan, if applicable. From time to time, as amending the comprehensive plan results in significant changes to a particular map of the FLUMs, the Director shall forward a revised copy of the individual map to the Council Secretary. It is the intent of this Chapter that the FLUMs adopted pursuant to this Section shall accurately reflect the location of boundaries of future land use categories of all lands in effect on the date of their respective adoption. (a) Division of lot of record. Where a land use category boundary divides a lot of record at the time the boundary was established and where the division makes impractical the reasonable use of the lot, the extension of the regulations for either portion of the lot may be permitted by the Director into the remaining portion of the lot. (b) Bona fide error. Notwithstanding any changes resulting from corrections to the Cadastral maps as periodically made by the Property Appraiser, whenever the Director discovers that, through a bona fide error in the reproduction process, the FLUMs revised map therein does not agree with the latest adopted ordinance related thereto, he shall notify the affected District Council member, each at-large Council member and the Chairman of the appropriate committee of Council of the bona fide error. Upon notification, the Department shall post signs concerning the proposed correction consistent with the posting requirements set forth in Section 650.407 (b). (1) Any adversely affected person may appeal the decision by filing a notice of appeal with the Legislative Services Division within 14 calendar days after the posting of the signs. There shall be no filing fee. Within five days of the filing of a notice of appeal, the Legislative Services Division shall notify the Council President, the Chairman of the appropriate committee of Council, the affected district Council member and the Director of the filing of the notice of appeal and shall request the Office of General Counsel to prepare a resolution concerning the appeal to be introduced by the appropriate committee of Council. (2) Upon a determination by the Office of General Counsel that the notice of appeal is sufficient, timely filed and that the appellant has standing to file the appeal, the resolution shall be filed with the Legislative Services Division and the Chairman of the appropriate committee of Council shall schedule a public hearing concerning the appeal. The Legislative Services Division shall notify the appellant and the property owner of the public hearing. The written notices shall be mailed at least 14 days prior to the date of the scheduled public hearing. The sole issue to be determined by the appropriate committee of Council is whether the Director's decision that there is a bona fide error is "clearly erroneous," as defined under Florida law. If the Office of General Counsel determines that the notice of appeal is not sufficient, timely filed, or that the appellant does not have standing to file the appeal, the attorney shall prepare a written recommendation concerning the deficiencies for consideration by the committee of reference. After the appropriate committee of Council makes a determination concerning the deficiencies, the Office of General Counsel shall notify the appellant in writing of the deficiencies. No further action shall be taken until the appellant remedies the deficiencies and the appropriate committee of Council thereafter determines the notice of appeal to be complete. The deficiencies must be remedied within 14 calendar days or the resolution is subject to withdrawal by the Council at any time thereafter. (3) If no appeal is requested, within 15 calendar days after the posting of the signs, the bona fide error shall be deemed effective and the corrected map shall be substituted in the official FLUMs by the Director or his designee. If appealed, the corrected map shall not be substituted in the official FLUMs by the Director or his designee unless approved by the Council. In the event the Council denies the request, such denial does not affect the rights of anyone to seek an amendment to the FLUMs of the comprehensive plan for the subject property through the process set forth in Section 650.402 of this Part. (Ord. 91-1016-425, § 8; Ord. 2009-429-E, § 1; Ord. 2014-108-E , § 1)