HB 0143CS

CHAMBER ACTION




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


CODING: Words stricken are deletions; words underlined are additions.