| 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. |