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| 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 | the 2003 Special Session A, or the 2003 Special Session B | ||
| 11 | of the Legislature; 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, the 2003 Special | ||
| 35 | Session A, or the 2003 Special Session B of the Legislature, | ||
| 36 | such laws shall be construed as if they had been enacted at the | ||
| 37 | same session of the Legislature, and full effect shall be given | ||
| 38 | to each if possible. | ||
| 39 | Section 3. This act shall take effect upon becoming a law. | ||