| 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. 163.3174, |
| 8 | F.S.; providing procedures for certain municipalities to |
| 9 | exercise exclusive land use planning authority on a municipal |
| 10 | basis; providing for a referendum; providing for additional |
| 11 | amendment of a municipality's comprehensive plan; providing for |
| 12 | continuation of development orders issued by a charter county; |
| 13 | providing conditions for future changes in level of service; |
| 14 | providing for application; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Subsection (13) is added to section 163.3167, |
| 19 | Florida Statutes, to read: |
| 20 | 163.3167 Scope of act.-- |
| 21 | (13)(a) If a local government grants a development order |
| 22 | pursuant to its adopted land development regulations and the |
| 23 | order is not the subject of a pending appeal and the timeframe |
| 24 | for filing an appeal has expired, the development order is not |
| 25 | invalidated if there is a subsequent judicial determination that |
| 26 | said land development regulations, or any portion thereof that |
| 27 | is relevant to the development order, are invalid because of a |
| 28 | deficiency in the approval standards. |
| 29 | (b) This subsection does not preclude or affect the timely |
| 30 | institution of any other remedy available at law or equity, |
| 31 | including a common law writ of certiorari proceeding pursuant to |
| 32 | Rule 9.190, Florida Rules of Appellate Procedure, or an original |
| 33 | proceeding pursuant to s. 163.3215, as applicable. |
| 34 | (c) This subsection applies retroactively to any |
| 35 | development order granted on or after January 1, 2002. |
| 36 | Section 2. Paragraphs (c) and (d) are added to subsection |
| 37 | (1) of section 163.3174, Florida Statutes, to read: |
| 38 | 163.3174 Local planning agency.-- |
| 39 | (1) The governing body of each local government, |
| 40 | individually or in combination as provided in s. 163.3171, shall |
| 41 | designate and by ordinance establish a "local planning agency," |
| 42 | unless the agency is otherwise established by law. |
| 43 | Notwithstanding any special act to the contrary, all local |
| 44 | planning agencies or equivalent agencies that first review |
| 45 | rezoning and comprehensive plan amendments in each municipality |
| 46 | and county shall include a representative of the school district |
| 47 | appointed by the school board as a nonvoting member of the local |
| 48 | planning agency or equivalent agency to attend those meetings at |
| 49 | which the agency considers comprehensive plan amendments and |
| 50 | rezonings that would, if approved, increase residential density |
| 51 | on the property that is the subject of the application. However, |
| 52 | this subsection does not prevent the governing body of the local |
| 53 | government from granting voting status to the school board |
| 54 | member. The governing body may designate itself as the local |
| 55 | planning agency pursuant to this subsection with the addition of |
| 56 | a nonvoting school board representative. The governing body |
| 57 | shall notify the state land planning agency of the establishment |
| 58 | of its local planning agency. All local planning agencies shall |
| 59 | provide opportunities for involvement by applicable community |
| 60 | college boards, which may be accomplished by formal |
| 61 | representation, membership on technical advisory committees, or |
| 62 | other appropriate means. The local planning agency shall prepare |
| 63 | the comprehensive plan or plan amendment after hearings to be |
| 64 | held after public notice and shall make recommendations to the |
| 65 | governing body regarding the adoption or amendment of the plan. |
| 66 | The agency may be a local planning commission, the planning |
| 67 | department of the local government, or other instrumentality, |
| 68 | including a countywide planning entity established by special |
| 69 | act or a council of local government officials created pursuant |
| 70 | to s. 163.02, provided the composition of the council is fairly |
| 71 | representative of all the governing bodies in the county or |
| 72 | planning area; however: |
| 73 | (c) In recognition of the need to allow municipalities in |
| 74 | highly populated urban counties in which most of the population |
| 75 | of the county is located within municipalities to address land |
| 76 | use planning issues on a municipal basis, in a charter county |
| 77 | that has a population greater than 1.5 million people and has |
| 78 | less than 10 percent of the countywide population within the |
| 79 | unincorporated area of the county, the municipalities within |
| 80 | such county shall, except as otherwise expressly provided in |
| 81 | this paragraph, have the option to exercise exclusive land use |
| 82 | planning authority. This exclusive land use planning authority |
| 83 | includes platting, zoning, the adoption and amendment of |
| 84 | comprehensive plans in accordance with this act, and the |
| 85 | issuance of development orders for the area under municipal |
| 86 | jurisdiction. The exercise of this option shall require the |
| 87 | municipality to adopt a resolution approving the exercise of |
| 88 | exclusive land use planning authority and submit to the |
| 89 | electorate of the municipality a ballot question which states: |
| 90 | "Shall the (Name of Municipality) exercise exclusive land use |
| 91 | planning authority within (Name of Municipality) for platting, |
| 92 | zoning, the adoption and amendment of comprehensive plans, and |
| 93 | the issuance of development orders?" If the ballot question is |
| 94 | approved by a majority of those qualified voters casting a vote |
| 95 | on the question, the municipality shall have exclusive land use |
| 96 | planning authority effective 90 days following voter approval. A |
| 97 | municipality whose land use planning authority becomes exclusive |
| 98 | pursuant to this paragraph may amend its comprehensive plan one |
| 99 | additional time in the year in which its land use planning |
| 100 | authority becomes exclusive or in the following year, without |
| 101 | regard to the twice-a-year restriction in s. 163.3187(1), to |
| 102 | provide for amendments the municipality determines to be |
| 103 | necessary or appropriate for the transition. Development orders |
| 104 | issued by a charter county within a municipality prior to the |
| 105 | municipality's assuming exclusive land use planning authority |
| 106 | shall remain valid for the effective period of the development |
| 107 | order unless an application for an amendment to the development |
| 108 | order is approved by the municipality in accordance with the |
| 109 | procedures of the municipality for amending development orders. |
| 110 | This paragraph does not affect the authority of a charter county |
| 111 | subject to this paragraph to adopt and enforce countywide impact |
| 112 | fees. Effective upon a municipality's obtaining exclusive land |
| 113 | use planning authority pursuant to this provision, the level of |
| 114 | service for county facilities in the municipality shall be the |
| 115 | level of service that was applied by the county on the date that |
| 116 | the municipality adopted the resolution approving the exercise |
| 117 | of exclusive land use planning authority and submitting the |
| 118 | ballot question to the electorate of the municipality. In order |
| 119 | for any future change in level of service for county facilities |
| 120 | to become effective within a municipality that obtains exclusive |
| 121 | land use planning authority pursuant to this paragraph, the |
| 122 | change in the level of service shall require the approval of |
| 123 | both the affected municipality and the county, as evidenced by |
| 124 | both the municipality and county's adopting the amended level of |
| 125 | service for the county facilities into their respective |
| 126 | comprehensive plans. In a municipality that obtains exclusive |
| 127 | land use planning authority, the county shall, if requested by |
| 128 | the municipality and upon the payment of a reasonable fee, |
| 129 | review and advise the municipality as to whether proposed |
| 130 | mitigation of traffic impacts that are to be provided by |
| 131 | improvements to county roadways meet the county's permit |
| 132 | criteria for improvements to county roadways. Nothing in this |
| 133 | paragraph shall be interpreted to affect a county's permit |
| 134 | authority with respect to county roadways. This paragraph |
| 135 | applies notwithstanding any other law. |
| 136 | (d) A charter county that is not subject to paragraph (c) |
| 137 | may exercise such authority over municipalities and districts |
| 138 | within its boundaries as provided for in its charter. |
| 139 | Section 3. This act shall take effect upon becoming a law. |