The board determines a compliance schedule in the Final Decision and Order that sets deadlines for the local government to take legislative action and file a report explaining the action taken to comply (called a Statement of Actions Taken or Compliance Report), and a compliance index.
The statement of actions taken must include a copy of the compliance ordinance or relevant portion.
The compliance index includes the index from the original proceeding and a listing of additional material used after the Final Decision and Order in taking the action to comply.
The petitioner will have the opportunity to file a response stating any objections to a finding of compliance and the local government may file a reply to the petitioner’s response. These documents must be filed with the board and served at the same time on all parties.
Generally, only the original parties to the Petition for Review may participate in the compliance phase. However, a person who can demonstrate standing to challenge the legislation enacted to bring the local government into compliance may file a motion to participate. The compliance participant is limited to the issues subject to the finding of noncompliance and remand. Anyone objecting to the legislation on other grounds must file a new Petition for Review.
The compliance schedule sets the date for the compliance hearing, which may be held by telephone or videoconference. The burden is on the petitioner to demonstrate the city’s or county’s action is not in compliance. However, a city or county subject to an order of invalidity has the burden of demonstrating that the action taken will no longer substantially interfere with the goals of the Growth Management Act.
If, after a compliance hearing, the board issues an order of noncompliance, the board must send its findings to the Governor’s Office and may even request the Governor to impose monetary penalties.