| 1 | The Committee on Local Government & Veterans' Affairs recommends |
| 2 | the following: |
| 3 |
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| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to local government; amending s. 163.3167, |
| 8 | F.S.; limiting effect of judicial determinations |
| 9 | concerning certain development orders pursuant to adopted |
| 10 | land development regulations under the Local Government |
| 11 | Comprehensive Planning and Land Development Regulation |
| 12 | Act; providing an exception; providing for retroactive |
| 13 | application; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Subsection (13) is added to section 163.3167, |
| 18 | Florida Statutes, to read: |
| 19 | 163.3167 Scope of act.-- |
| 20 | (13)(a) If a local government grants a development order |
| 21 | pursuant to its adopted land development regulations and the |
| 22 | order is not the subject of a pending appeal and the timeframe |
| 23 | for filing an appeal has expired, the development order is not |
| 24 | invalidated if there is a subsequent judicial determination that |
| 25 | said land development regulations, or any portion thereof that |
| 26 | is relevant to the development order, are invalid because of a |
| 27 | deficiency in the approval standards. |
| 28 | (b) This subsection does not preclude or affect the timely |
| 29 | institution of any other remedy available at law or equity, |
| 30 | including a common law writ of certiorari proceeding pursuant to |
| 31 | Rule 9.190, Florida Rules of Appellate Procedure, or an original |
| 32 | proceeding pursuant to s. 163.3215, as applicable. |
| 33 | (c) This subsection applies retroactively to any |
| 34 | development order granted on or after January 1, 2002. |
| 35 | Section 2. This act shall take effect upon becoming a law. |