1 | A bill to be entitled |
2 | An act relating to local government; amending s. 163.3167, F.S.; |
3 | limiting effect of judicial determinations concerning certain |
4 | development orders pursuant to adopted land development |
5 | regulations under the Local Government Comprehensive Planning |
6 | and Land Development Regulation Act; providing an exception; |
7 | providing for retroactive application; amending s. 163.3171, |
8 | F.S.; providing exclusive planning authority for certain |
9 | municipalities in highly populated urban counties; providing |
10 | requirements for exercise of such authority; providing an |
11 | effective date. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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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 development order |
19 | pursuant to its adopted land development regulations and the |
20 | order is not the subject of a pending appeal and the timeframe |
21 | for filing an appeal has expired, the development order is not |
22 | invalidated if there is a subsequent judicial determination that |
23 | said land development regulations, or any portion thereof that |
24 | is relevant to the development order, are invalid because of a |
25 | deficiency in the approval standards. |
26 | (b) This subsection does not preclude or affect the timely |
27 | institution of any other remedy available at law or equity, |
28 | including a common law writ of certiorari proceeding pursuant to |
29 | Rule 9.190, Florida Rules of Appellate Procedure, or an original |
30 | proceeding pursuant to s. 163.3215, as applicable. |
31 | (c) This subsection applies retroactively to any |
32 | development order granted on or after January 1, 2002. |
33 | Section 2. Subsection (2) of section 163.3171, Florida |
34 | Statutes, is amended, and subsection (5) is added to said |
35 | section, to read: |
36 | 163.3171 Areas of authority under this act.-- |
37 | (2) A county shall exercise authority under this act for |
38 | the total unincorporated area under its jurisdiction or in such |
39 | unincorporated areas as are not included in any joint agreement |
40 | with municipalities established under the provisions of |
41 | subsection (1). In the case of chartered counties, the county |
42 | may exercise such authority over municipalities or districts |
43 | within its boundaries as is provided for in its charter. |
44 | (5) In recognition of the need for municipalities in |
45 | highly populated urban counties to address their planning issues |
46 | on an individual basis, municipalities within counties having a |
47 | population of greater than 1.5 million people shall exercise |
48 | exclusive planning authority, including, but not limited to, |
49 | zoning, comprehensive planning, and the issuance of development |
50 | orders for the area under its municipal jurisdiction; except |
51 | that a county that operates under a home rule charter adopted |
52 | pursuant to s. 24, Art. VIII of the Constitution of 1885, as |
53 | preserved by s. 6(e), Art. VIII of the Constitution of 1968 |
54 | shall exercise planning authority in accordance with its |
55 | charter. A municipality that has exclusive planning authority |
56 | pursuant to this subsection may, by resolution of its governing |
57 | body, delegate planning authority for the area under its |
58 | municipal jurisdiction to the county in which it is located. A |
59 | county that does not exercise planning authority within a |
60 | municipality pursuant to this section may, upon the request of |
61 | the municipality, provide written comments concerning a proposed |
62 | land use within the jurisdiction of that municipality or provide |
63 | planning assistance to that municipality. Municipalities whose |
64 | land use planning authority becomes exclusive pursuant to this |
65 | subsection may amend their comprehensive plans one additional |
66 | time in 2004 or 2005, without regard to the twice a year |
67 | restriction in s. 163.3187(1), to provide for amendments that |
68 | municipality determines to be necessary or appropriate for the |
69 | transition. Development orders issued by a county for property |
70 | within a municipality, prior to the effective date of this act, |
71 | shall remain valid for the effective period of the development |
72 | order, unless an application for an amendment to the development |
73 | order is approved by the municipality in accordance with the |
74 | procedures of the municipality for amending development orders. |
75 | This subsection shall not affect the authority of a charter |
76 | county to adopt and enforce countywide impact fees to the extent |
77 | that the charter county had such authority prior to the |
78 | effective date of this subsection. Upon this subsection becoming |
79 | effective, the level of service for county facilities within |
80 | municipalities that obtain exclusive jurisdiction pursuant to |
81 | this section shall be the level of service that was applied by |
82 | the county on April 1, 2004. Any increase in the level of |
83 | service for county facilities within municipalities that obtain |
84 | exclusive jurisdiction pursuant to this subsection shall require |
85 | the approval of the affected municipality, as evidenced by the |
86 | municipality adopting the increased level of service for the |
87 | county facilities into the municipality's comprehensive plan. |
88 | Counties with populations of less than 1.5 million may exercise |
89 | such authority over municipalities or districts within their |
90 | boundaries as is provided for in their charters. This subsection |
91 | applies notwithstanding any other law. |
92 | Section 3. This act shall take effect upon becoming a law. |