Senate Bill sb0162

    Florida Senate - 2004                                   SB 162

    By Senator Bennett





    21-85-04

  1                      A bill to be entitled

  2         An act relating to land development regulation;

  3         amending s. 163.3167, F.S.; prohibiting the

  4         abrogation of a local land development order

  5         that has been granted under specified

  6         conditions; providing retroactive

  7         applicability; providing an effective date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Subsection (13) is added to section

12  163.3167, Florida Statutes, to read:

13         163.3167  Scope of act.--

14         (13)(a)  If a local government grants a quasi-judicial

15  development order pursuant to its adopted land development

16  regulations and the order is not the subject of a pending

17  appeal, the right to commence and complete development under

18  the order may not be abrogated by a subsequent judicial

19  determination that such land development regulations or any

20  portion thereof are invalid because of a deficiency in the

21  approval standards.

22         (b)  This subsection does not preclude or affect the

23  timely institution of a common law writ of certiorari

24  proceeding pursuant to Rule 9.190, Florida Rules of Appellate

25  Procedure, or original proceedings pursuant to s. 163.3215.

26         (c)  This subsection applies retroactively to any

27  development order granted before the effective date of this

28  act.

29         Section 2.  This act shall take effect upon becoming a

30  law.

31  

                                  1

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






    Florida Senate - 2004                                   SB 162
    21-85-04




 1            *****************************************

 2                          SENATE SUMMARY

 3    Prohibits the abrogation of a quasi-judicial land
      development order due to subsequent judicial
 4    determination that the land development regulations under
      which the order was granted are invalid because of a
 5    deficiency in approval standards, which prohibition
      applies retroactively.
 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  2

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