Senate Bill sb0162c1

    Florida Senate - 2004                            CS for SB 162

    By the Committee on Comprehensive Planning; and Senator
    Bennett




    316-2032-04

  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         under specified conditions; providing

  6         retroactive applicability; providing an

  7         effective date.

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

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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 and the time for filing an appeal has expired, the

18  right to commence and complete development under the order may

19  not be abrogated by a subsequent judicial determination that

20  such land development regulations or any portion thereof are

21  invalid because of a deficiency in the 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.

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






    Florida Senate - 2004                            CS for SB 162
    316-2032-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 162

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 4  The committee substitute already provides that development
    orders affected by its provisions may not be the subject of a
 5  pending appeal and, therefore, adds language to clarify that
    the time for filing an appeal must have expired.
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CODING: Words stricken are deletions; words underlined are additions.