HB 0077B 2003
1	A bill to be entitled
2	An act relating to local government; amending s. 163.3167,
3	F.S.; limiting effect of judicial determinations
4	concerning certain development orders pursuant to adopted
5	land development regulations under the Local Government
6	Comprehensive Planning and Land Development Regulation
7	Act; providing an exception; providing for retroactive
8	application; providing for construction of the act in pari
9	materia with laws enacted during the 2003 Regular Session
10	or the 2003 Special Session A of the Legislature;
11	providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Subsection (13) is added to section 163.3167,
16	Florida Statutes, to read:
17	163.3167 Scope of act.--
18	(13)(a) If a local government grants a quasi-judicial
19	development order pursuant to its adopted land development
20	regulations and the order is not the subject of a pending
21	appeal, the right to commence and complete development pursuant
22	to the order may not be abrogated by a subsequent judicial
23	determination that such land development regulations, or any
24	portion thereof, are invalid because of a deficiency in the
25	approval standards.(b) This subsection does not preclude or
26	affect the timely institution of a common law writ of certiorari
27	proceeding pursuant to Rule 9.190, Florida Rules of Appellate
28	Procedure, or an original proceeding pursuant to s. 163.3215, as
29	applicable.
30	(c) This subsection applies retroactively to any
31	development order granted prior to the effective date of this
32	act.
33	Section 2. If any law amended by this act was also amended
34	by a law enacted at the 2003 Regular Session of the Legislature
35	or at the 2003 Special Session A of the Legislature, such laws
36	shall be construed as if they had been enacted at the same
37	session of the Legislature, and full effect shall be given to
38	each if possible.
39	Section 3. This act shall take effect upon becoming a law.