Senate Bill sb0162c2

    Florida Senate - 2004                     CS for CS for SB 162

    By the Committees on Judiciary; Comprehensive Planning; and
    Senator Bennett




    308-2270-04

  1                      A bill to be entitled

  2         An act relating to local government; amending

  3         s. 163.3167, F.S.; limiting the effect of

  4         judicial determinations concerning certain

  5         development orders pursuant to adopted land

  6         development regulations under the Local

  7         Government Comprehensive Planning and Land

  8         Development Regulation Act; providing an

  9         exception; providing for retroactive

10         application; providing an effective date.

11  

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

13  

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

15  163.3167, Florida Statutes, to read:

16         163.3167  Scope of act.--

17         (13)(a)  If a local government grants a development

18  order pursuant to its adopted land development regulations and

19  the order is not the subject of a pending appeal and the

20  timeframe for filing an appeal has expired, the development

21  order may not be invalidated by a subsequent judicial

22  determination that such land development regulations, or any

23  portion thereof that is relevant to the development order, are

24  invalid because of a deficiency in the approval standards.

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

26  timely institution of any other remedy available at law or

27  equity, including a common law writ of certiorari proceeding

28  pursuant to Rule 9.190, Florida Rules of Appellate Procedure,

29  or an original proceeding pursuant to s. 163.3215, as

30  applicable.

31  

                                  1

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






    Florida Senate - 2004                     CS for CS for SB 162
    308-2270-04




 1         (c)  This subsection applies retroactively to any

 2  development order granted on or after January 1, 2002.

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

 4  law.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                        CS Senate Bill 162

 8                                 

 9  The Committee Substitute for Committee Substitute for SB 162
    differs as follows from the underlying committee substitute:
10  
    -    Expressly provide that it does not affect the
11       availability of any other remedy at law or equity that an
         adversely affected person may have to challenge a
12       development order; and

13  -    Applies retroactively to development orders issued on or
         after January 1, 20
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.