Seminole Tribe of Florida v. Hendry County

VILLANTI, Judge.

The Seminole Tribe of Florida appeals an order dismissing the Tribe’s third amended complaint after the trial court *1074concluded that the action was preempted by the Florida Electrical Power Plant Siting Act (the PPSA), sections 403.501-518, Florida Statutes (2011). Because we find no preemption on the facts of this case, we reverse.

This case involves the interplay of section 163.3215, Florida Statutes (2011), and sections 403.501-.518. Hendry County has adopted a comprehensive development plan. Section 163.3194(l)(a) provides that once a comprehensive plan has been adopted, all…