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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 an effective date. | ||
| 9 | |||
| 10 | Be It Enacted by the Legislature of the State of Florida: | ||
| 11 | |||
| 12 | Section 1. Subsection (13) is added to section 163.3167, | ||
| 13 | Florida Statutes, to read: | ||
| 14 | 163.3167 Scope of act.-- | ||
| 15 | (13)(a) If a local government grants a quasi-judicial | ||
| 16 | development order pursuant to its adopted land development | ||
| 17 | regulations and the order is not the subject of a pending | ||
| 18 | appeal, the right to commence and complete development under the | ||
| 19 | order may not be abrogated by a subsequent judicial | ||
| 20 | determination that such land development regulations, or any | ||
| 21 | portion thereof, are invalid because of a deficiency in the | ||
| 22 | approval standards. | ||
| 23 | (b) This subsection does not preclude or affect the timely | ||
| 24 | institution of a common law writ of certiorari proceeding | ||
| 25 | pursuant to Rule 9.190, Florida Rules of Appellate Procedure, or | ||
| 26 | an original proceeding pursuant to s. 163.3215, as applicable. | ||
| 27 | (c) This subsection applies retroactively to any | ||
| 28 | development order granted prior to the effective date of this | ||
| 29 | act. | ||
| 30 | Section 2. This act shall take effect upon becoming a law. | ||