HB 0143

1
A bill to be entitled
2An act relating to local government; amending s. 163.3167, F.S.;
3limiting effect of judicial determinations concerning certain
4development orders pursuant to adopted land development
5regulations under the Local Government Comprehensive Planning
6and Land Development Regulation Act; providing an exception;
7providing for retroactive application; amending s. 163.3171,
8F.S.; providing exclusive planning authority for certain
9municipalities in highly populated urban counties; providing
10requirements for exercise of such authority; providing an
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsection (13) is added to section 163.3167,
16Florida Statutes, to read:
17     163.3167  Scope of act.--
18     (13)(a)  If a local government grants a development order
19pursuant to its adopted land development regulations and the
20order is not the subject of a pending appeal and the timeframe
21for filing an appeal has expired, the development order is not
22invalidated if there is a subsequent judicial determination that
23said land development regulations, or any portion thereof that
24is relevant to the development order, are invalid because of a
25deficiency in the approval standards.
26     (b)  This subsection does not preclude or affect the timely
27institution of any other remedy available at law or equity,
28including a common law writ of certiorari proceeding pursuant to
29Rule 9.190, Florida Rules of Appellate Procedure, or an original
30proceeding pursuant to s. 163.3215, as applicable.
31     (c)  This subsection applies retroactively to any
32development order granted on or after January 1, 2002.
33     Section 2.  Subsection (2) of section 163.3171, Florida
34Statutes, is amended, and subsection (5) is added to said
35section, to read:
36     163.3171  Areas of authority under this act.--
37     (2)  A county shall exercise authority under this act for
38the total unincorporated area under its jurisdiction or in such
39unincorporated areas as are not included in any joint agreement
40with municipalities established under the provisions of
41subsection (1). In the case of chartered counties, the county
42may exercise such authority over municipalities or districts
43within its boundaries as is provided for in its charter.
44     (5)  In recognition of the need for municipalities in
45highly populated urban counties to address their planning issues
46on an individual basis, municipalities within counties having a
47population of greater than 1.5 million people shall exercise
48exclusive planning authority, including, but not limited to,
49zoning, comprehensive planning, and the issuance of development
50orders for the area under its municipal jurisdiction; except
51that a county that operates under a home rule charter adopted
52pursuant to s. 24, Art. VIII of the Constitution of 1885, as
53preserved by s. 6(e), Art. VIII of the Constitution of 1968
54shall exercise planning authority in accordance with its
55charter. A municipality that has exclusive planning authority
56pursuant to this subsection may, by resolution of its governing
57body, delegate planning authority for the area under its
58municipal jurisdiction to the county in which it is located. A
59county that does not exercise planning authority within a
60municipality pursuant to this section may, upon the request of
61the municipality, provide written comments concerning a proposed
62land use within the jurisdiction of that municipality or provide
63planning assistance to that municipality. Municipalities whose
64land use planning authority becomes exclusive pursuant to this
65subsection may amend their comprehensive plans one additional
66time in 2004 or 2005, without regard to the twice a year
67restriction in s. 163.3187(1), to provide for amendments that
68municipality determines to be necessary or appropriate for the
69transition. Development orders issued by a county for property
70within a municipality, prior to the effective date of this act,
71shall remain valid for the effective period of the development
72order, unless an application for an amendment to the development
73order is approved by the municipality in accordance with the
74procedures of the municipality for amending development orders.
75This subsection shall not affect the authority of a charter
76county to adopt and enforce countywide impact fees to the extent
77that the charter county had such authority prior to the
78effective date of this subsection. Upon this subsection becoming
79effective, the level of service for county facilities within
80municipalities that obtain exclusive jurisdiction pursuant to
81this section shall be the level of service that was applied by
82the county on April 1, 2004. Any increase in the level of
83service for county facilities within municipalities that obtain
84exclusive jurisdiction pursuant to this subsection shall require
85the approval of the affected municipality, as evidenced by the
86municipality adopting the increased level of service for the
87county facilities into the municipality's comprehensive plan.
88Counties with populations of less than 1.5 million may exercise
89such authority over municipalities or districts within their
90boundaries as is provided for in their charters. This subsection
91applies notwithstanding any other law.
92     Section 3.  This act shall take effect upon becoming a law.


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