Florida Senate - 2011 SENATOR AMENDMENT
Bill No. CS for CS for SB 1122
Barcode 701516
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
05/05/2011 12:10 PM .
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Senator Bennett moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 349 - 946
4 and insert:
5 intensities of use of the industrial, commercial, or
6 residential areas that surround the parcel. This presumption may
7 be rebutted by clear and convincing evidence. Each application
8 for a comprehensive plan amendment under this subsection for a
9 parcel larger than 640 acres must include appropriate new
10 urbanism concepts such as clustering, mixed-use development, the
11 creation of rural village and city centers, and the transfer of
12 development rights in order to discourage urban sprawl while
13 protecting landowner rights.
14 (a) The local government and the owner of a parcel of land
15 that is the subject of an application for an amendment shall
16 have 180 days following the date that the local government
17 receives a complete application to negotiate in good faith to
18 reach consensus on the land uses and intensities of use that are
19 consistent with the uses and intensities of use of the
20 industrial, commercial, or residential areas that surround the
21 parcel. Within 30 days after the local government’s receipt of
22 such an application, the local government and owner must agree
23 in writing to a schedule for information submittal, public
24 hearings, negotiations, and final action on the amendment, which
25 schedule may thereafter be altered only with the written consent
26 of the local government and the owner. Compliance with the
27 schedule in the written agreement constitutes good faith
28 negotiations for purposes of paragraph (c).
29 (b) Upon conclusion of good faith negotiations under
30 paragraph (a), regardless of whether the local government and
31 owner reach consensus on the land uses and intensities of use
32 that are consistent with the uses and intensities of use of the
33 industrial, commercial, or residential areas that surround the
34 parcel, the amendment must be transmitted to the state land
35 planning agency for review pursuant to s. 163.3184. If the local
36 government fails to transmit the amendment within 180 days after
37 receipt of a complete application, the amendment must be
38 immediately transferred to the state land planning agency for
39 such review at the first available transmittal cycle. A plan
40 amendment transmitted to the state land planning agency
41 submitted under this subsection is presumed not to be urban
42 sprawl as defined in s. 163.3164 consistent with rule 9J
43 5.006(5), Florida Administrative Code. This presumption may be
44 rebutted by clear and convincing evidence.
45 (c) If the owner fails to negotiate in good faith, a plan
46 amendment submitted under this subsection is not entitled to the
47 rebuttable presumption under this subsection in the negotiation
48 and amendment process.
49 (d) Nothing within this subsection relating to agricultural
50 enclaves shall preempt or replace any protection currently
51 existing for any property located within the boundaries of the
52 following areas:
53 1. The Wekiva Study Area, as described in s. 369.316; or
54 2. The Everglades Protection Area, as defined in s.
55 373.4592(2).
56 Section 6. Section 163.3164, Florida Statutes, is amended
57 to read:
58 163.3164 Community Local Government Comprehensive Planning
59 and Land Development Regulation Act; definitions.—As used in
60 this act:
61 (1) “Administration Commission” means the Governor and the
62 Cabinet, and for purposes of this chapter the commission shall
63 act on a simple majority vote, except that for purposes of
64 imposing the sanctions provided in s. 163.3184(8)(11),
65 affirmative action shall require the approval of the Governor
66 and at least three other members of the commission.
67 (2) “Affordable housing” has the same meaning as in s.
68 420.0004(3).
69 (3)(33) “Agricultural enclave” means an unincorporated,
70 undeveloped parcel that:
71 (a) Is owned by a single person or entity;
72 (b) Has been in continuous use for bona fide agricultural
73 purposes, as defined by s. 193.461, for a period of 5 years
74 prior to the date of any comprehensive plan amendment
75 application;
76 (c) Is surrounded on at least 75 percent of its perimeter
77 by:
78 1. Property that has existing industrial, commercial, or
79 residential development; or
80 2. Property that the local government has designated, in
81 the local government’s comprehensive plan, zoning map, and
82 future land use map, as land that is to be developed for
83 industrial, commercial, or residential purposes, and at least 75
84 percent of such property is existing industrial, commercial, or
85 residential development;
86 (d) Has public services, including water, wastewater,
87 transportation, schools, and recreation facilities, available or
88 such public services are scheduled in the capital improvement
89 element to be provided by the local government or can be
90 provided by an alternative provider of local government
91 infrastructure in order to ensure consistency with applicable
92 concurrency provisions of s. 163.3180; and
93 (e) Does not exceed 1,280 acres; however, if the property
94 is surrounded by existing or authorized residential development
95 that will result in a density at buildout of at least 1,000
96 residents per square mile, then the area shall be determined to
97 be urban and the parcel may not exceed 4,480 acres.
98 (4) “Antiquated subdivision” means a subdivision that was
99 recorded or approved more than 20 years ago and that has
100 substantially failed to be built and the continued buildout of
101 the subdivision in accordance with the subdivision’s zoning and
102 land use purposes would cause an imbalance of land uses and
103 would be detrimental to the local and regional economies and
104 environment, hinder current planning practices, and lead to
105 inefficient and fiscally irresponsible development patterns as
106 determined by the respective jurisdiction in which the
107 subdivision is located.
108 (5)(2) “Area” or “area of jurisdiction” means the total
109 area qualifying under the provisions of this act, whether this
110 be all of the lands lying within the limits of an incorporated
111 municipality, lands in and adjacent to incorporated
112 municipalities, all unincorporated lands within a county, or
113 areas comprising combinations of the lands in incorporated
114 municipalities and unincorporated areas of counties.
115 (6) “Capital improvement” means physical assets constructed
116 or purchased to provide, improve, or replace a public facility
117 and which are typically large scale and high in cost. The cost
118 of a capital improvement is generally nonrecurring and may
119 require multiyear financing. For the purposes of this part,
120 physical assets that have been identified as existing or
121 projected needs in the individual comprehensive plan elements
122 shall be considered capital improvements.
123 (7)(3) “Coastal area” means the 35 coastal counties and all
124 coastal municipalities within their boundaries designated
125 coastal by the state land planning agency.
126 (8) “Compatibility” means a condition in which land uses or
127 conditions can coexist in relative proximity to each other in a
128 stable fashion over time such that no use or condition is unduly
129 negatively impacted directly or indirectly by another use or
130 condition.
131 (9)(4) “Comprehensive plan” means a plan that meets the
132 requirements of ss. 163.3177 and 163.3178.
133 (10) “Deepwater ports” means the ports identified in s.
134 403.021(9).
135 (11) “Density” means an objective measurement of the number
136 of people or residential units allowed per unit of land, such as
137 residents or employees per acre.
138 (12)(5) “Developer” means any person, including a
139 governmental agency, undertaking any development as defined in
140 this act.
141 (13)(6) “Development” has the same meaning as given it in
142 s. 380.04.
143 (14)(7) “Development order” means any order granting,
144 denying, or granting with conditions an application for a
145 development permit.
146 (15)(8) “Development permit” includes any building permit,
147 zoning permit, subdivision approval, rezoning, certification,
148 special exception, variance, or any other official action of
149 local government having the effect of permitting the development
150 of land.
151 (16)(25) “Downtown revitalization” means the physical and
152 economic renewal of a central business district of a community
153 as designated by local government, and includes both downtown
154 development and redevelopment.
155 (17) “Floodprone areas” means areas inundated during a 100
156 year flood event or areas identified by the National Flood
157 Insurance Program as an A Zone on flood insurance rate maps or
158 flood hazard boundary maps.
159 (18) “Goal” means the long-term end toward which programs
160 or activities are ultimately directed.
161 (19)(9) “Governing body” means the board of county
162 commissioners of a county, the commission or council of an
163 incorporated municipality, or any other chief governing body of
164 a unit of local government, however designated, or the
165 combination of such bodies where joint utilization of the
166 provisions of this act is accomplished as provided herein.
167 (20)(10) “Governmental agency” means:
168 (a) The United States or any department, commission,
169 agency, or other instrumentality thereof.
170 (b) This state or any department, commission, agency, or
171 other instrumentality thereof.
172 (c) Any local government, as defined in this section, or
173 any department, commission, agency, or other instrumentality
174 thereof.
175 (d) Any school board or other special district, authority,
176 or governmental entity.
177 (21) “Intensity” means an objective measurement of the
178 extent to which land may be developed or used, including the
179 consumption or use of the space above, on, or below ground; the
180 measurement of the use of or demand on natural resources; and
181 the measurement of the use of or demand on facilities and
182 services.
183 (22) “Internal trip capture” means trips generated by a
184 mixed-use project that travel from one on-site land use to
185 another on-site land use without using the external road
186 network.
187 (23)(11) “Land” means the earth, water, and air, above,
188 below, or on the surface, and includes any improvements or
189 structures customarily regarded as land.
190 (24)(22) “Land development regulation commission” means a
191 commission designated by a local government to develop and
192 recommend, to the local governing body, land development
193 regulations which implement the adopted comprehensive plan and
194 to review land development regulations, or amendments thereto,
195 for consistency with the adopted plan and report to the
196 governing body regarding its findings. The responsibilities of
197 the land development regulation commission may be performed by
198 the local planning agency.
199 (25)(23) “Land development regulations” means ordinances
200 enacted by governing bodies for the regulation of any aspect of
201 development and includes any local government zoning, rezoning,
202 subdivision, building construction, or sign regulations or any
203 other regulations controlling the development of land, except
204 that this definition does shall not apply in s. 163.3213.
205 (26)(12) “Land use” means the development that has occurred
206 on the land, the development that is proposed by a developer on
207 the land, or the use that is permitted or permissible on the
208 land under an adopted comprehensive plan or element or portion
209 thereof, land development regulations, or a land development
210 code, as the context may indicate.
211 (27) “Level of service” means an indicator of the extent or
212 degree of service provided by, or proposed to be provided by, a
213 facility based on and related to the operational characteristics
214 of the facility. Level of service shall indicate the capacity
215 per unit of demand for each public facility.
216 (28)(13) “Local government” means any county or
217 municipality.
218 (29)(14) “Local planning agency” means the agency
219 designated to prepare the comprehensive plan or plan amendments
220 required by this act.
221 (30)(15) A “Newspaper of general circulation” means a
222 newspaper published at least on a weekly basis and printed in
223 the language most commonly spoken in the area within which it
224 circulates, but does not include a newspaper intended primarily
225 for members of a particular professional or occupational group,
226 a newspaper whose primary function is to carry legal notices, or
227 a newspaper that is given away primarily to distribute
228 advertising.
229 (31) “New town” means an urban activity center and
230 community designated on the future land use map of sufficient
231 size, population and land use composition to support a variety
232 of economic and social activities consistent with an urban area
233 designation. New towns shall include basic economic activities;
234 all major land use categories, with the possible exception of
235 agricultural and industrial; and a centrally provided full range
236 of public facilities and services that demonstrate internal trip
237 capture. A new town shall be based on a master development plan.
238 (32) “Objective” means a specific, measurable, intermediate
239 end that is achievable and marks progress toward a goal.
240 (33)(16) “Parcel of land” means any quantity of land
241 capable of being described with such definiteness that its
242 locations and boundaries may be established, which is designated
243 by its owner or developer as land to be used, or developed as, a
244 unit or which has been used or developed as a unit.
245 (34)(17) “Person” means an individual, corporation,
246 governmental agency, business trust, estate, trust, partnership,
247 association, two or more persons having a joint or common
248 interest, or any other legal entity.
249 (35) “Policy” means the way in which programs and
250 activities are conducted to achieve an identified goal.
251 (36)(28) “Projects that promote public transportation”
252 means projects that directly affect the provisions of public
253 transit, including transit terminals, transit lines and routes,
254 separate lanes for the exclusive use of public transit services,
255 transit stops (shelters and stations), office buildings or
256 projects that include fixed-rail or transit terminals as part of
257 the building, and projects which are transit oriented and
258 designed to complement reasonably proximate planned or existing
259 public facilities.
260 (37)(24) “Public facilities” means major capital
261 improvements, including, but not limited to, transportation,
262 sanitary sewer, solid waste, drainage, potable water,
263 educational, parks and recreational, and health systems and
264 facilities, and spoil disposal sites for maintenance dredging
265 located in the intracoastal waterways, except for spoil disposal
266 sites owned or used by ports listed in s. 403.021(9)(b).
267 (38)(18) “Public notice” means notice as required by s.
268 125.66(2) for a county or by s. 166.041(3)(a) for a
269 municipality. The public notice procedures required in this part
270 are established as minimum public notice procedures.
271 (39)(19) “Regional planning agency” means the council
272 created pursuant to chapter 186 agency designated by the state
273 land planning agency to exercise responsibilities under law in a
274 particular region of the state.
275 (40) “Seasonal population” means part-time inhabitants who
276 use, or may be expected to use, public facilities or services,
277 but are not residents and includes tourists, migrant
278 farmworkers, and other short-term and long-term visitors.
279 (41)(31) “Optional Sector plan” means the an optional
280 process authorized by s. 163.3245 in which one or more local
281 governments engage in long-term planning for a large area and by
282 agreement with the state land planning agency are allowed to
283 address regional development-of-regional-impact issues through
284 adoption of detailed specific area plans within the planning
285 area within certain designated geographic areas identified in
286 the local comprehensive plan as a means of fostering innovative
287 planning and development strategies in s. 163.3177(11)(a) and
288 (b), furthering the purposes of this part and part I of chapter
289 380, reducing overlapping data and analysis requirements,
290 protecting regionally significant resources and facilities, and
291 addressing extrajurisdictional impacts. The term includes an
292 optional sector plan that was adopted before the effective date
293 of this act.
294 (42)(20) “State land planning agency” means the Department
295 of Community Affairs.
296 (43)(21) “Structure” has the same meaning as in given it by
297 s. 380.031(19).
298 (44) “Suitability” means the degree to which the existing
299 characteristics and limitations of land and water are compatible
300 with a proposed use or development.
301 (45) “Transit-oriented development” means a project or
302 projects, in areas identified in a local government
303 comprehensive plan, that is or will be served by existing or
304 planned transit service. These designated areas shall be
305 compact, moderate to high density developments, of mixed-use
306 character, interconnected with other land uses, bicycle and
307 pedestrian friendly, and designed to support frequent transit
308 service operating through, collectively or separately, rail,
309 fixed guideway, streetcar, or bus systems on dedicated
310 facilities or available roadway connections.
311 (46)(30) “Transportation corridor management” means the
312 coordination of the planning of designated future transportation
313 corridors with land use planning within and adjacent to the
314 corridor to promote orderly growth, to meet the concurrency
315 requirements of this chapter, and to maintain the integrity of
316 the corridor for transportation purposes.
317 (47)(27) “Urban infill” means the development of vacant
318 parcels in otherwise built-up areas where public facilities such
319 as sewer systems, roads, schools, and recreation areas are
320 already in place and the average residential density is at least
321 five dwelling units per acre, the average nonresidential
322 intensity is at least a floor area ratio of 1.0 and vacant,
323 developable land does not constitute more than 10 percent of the
324 area.
325 (48)(26) “Urban redevelopment” means demolition and
326 reconstruction or substantial renovation of existing buildings
327 or infrastructure within urban infill areas, existing urban
328 service areas, or community redevelopment areas created pursuant
329 to part III.
330 (49)(29) “Urban service area” means built-up areas
331 identified in the comprehensive plan where public facilities and
332 services, including, but not limited to, central water and sewer
333 capacity and roads, are already in place or are identified in
334 the capital improvements element. The term includes any areas
335 identified in the comprehensive plan as urban service areas,
336 regardless of local government limitation committed in the first
337 3 years of the capital improvement schedule. In addition, for
338 counties that qualify as dense urban land areas under subsection
339 (34), the nonrural area of a county which has adopted into the
340 county charter a rural area designation or areas identified in
341 the comprehensive plan as urban service areas or urban growth
342 boundaries on or before July 1, 2009, are also urban service
343 areas under this definition.
344 (50) “Urban sprawl” means a development pattern
345 characterized by low density, automobile-dependent development
346 with either a single use or multiple uses that are not
347 functionally related, requiring the extension of public
348 facilities and services in an inefficient manner, and failing to
349 provide a clear separation between urban and rural uses.
350 (32) “Financial feasibility” means that sufficient revenues
351 are currently available or will be available from committed
352 funding sources for the first 3 years, or will be available from
353 committed or planned funding sources for years 4 and 5, of a 5
354 year capital improvement schedule for financing capital
355 improvements, such as ad valorem taxes, bonds, state and federal
356 funds, tax revenues, impact fees, and developer contributions,
357 which are adequate to fund the projected costs of the capital
358 improvements identified in the comprehensive plan necessary to
359 ensure that adopted level-of-service standards are achieved and
360 maintained within the period covered by the 5-year schedule of
361 capital improvements. A comprehensive plan shall be deemed
362 financially feasible for transportation and school facilities
363 throughout the planning period addressed by the capital
364 improvements schedule if it can be demonstrated that the level
365 of-service standards will be achieved and maintained by the end
366 of the planning period even if in a particular year such
367 improvements are not concurrent as required by s. 163.3180.
368 (34) “Dense urban land area” means:
369 (a) A municipality that has an average of at least 1,000
370 people per square mile of land area and a minimum total
371 population of at least 5,000;
372 (b) A county, including the municipalities located therein,
373 which has an average of at least 1,000 people per square mile of
374 land area; or
375 (c) A county, including the municipalities located therein,
376 which has a population of at least 1 million.
377
378 The Office of Economic and Demographic Research within the
379 Legislature shall annually calculate the population and density
380 criteria needed to determine which jurisdictions qualify as
381 dense urban land areas by using the most recent land area data
382 from the decennial census conducted by the Bureau of the Census
383 of the United States Department of Commerce and the latest
384 available population estimates determined pursuant to s.
385 186.901. If any local government has had an annexation,
386 contraction, or new incorporation, the Office of Economic and
387 Demographic Research shall determine the population density
388 using the new jurisdictional boundaries as recorded in
389 accordance with s. 171.091. The Office of Economic and
390 Demographic Research shall submit to the state land planning
391 agency a list of jurisdictions that meet the total population
392 and density criteria necessary for designation as a dense urban
393 land area by July 1, 2009, and every year thereafter. The state
394 land planning agency shall publish the list of jurisdictions on
395 its Internet website within 7 days after the list is received.
396 The designation of jurisdictions that qualify or do not qualify
397 as a dense urban land area is effective upon publication on the
398 state land planning agency’s Internet website.
399 Section 7. Section 163.3167, Florida Statutes, is amended
400 to read:
401 163.3167 Scope of act.—
402 (1) The several incorporated municipalities and counties
403 shall have power and responsibility:
404 (a) To plan for their future development and growth.
405 (b) To adopt and amend comprehensive plans, or elements or
406 portions thereof, to guide their future development and growth.
407 (c) To implement adopted or amended comprehensive plans by
408 the adoption of appropriate land development regulations or
409 elements thereof.
410 (d) To establish, support, and maintain administrative
411 instruments and procedures to carry out the provisions and
412 purposes of this act.
413
414 The powers and authority set out in this act may be
415 employed by municipalities and counties individually or jointly
416 by mutual agreement in accord with the provisions of this act
417 and in such combinations as their common interests may dictate
418 and require.
419 (2) Each local government shall maintain prepare a
420 comprehensive plan of the type and in the manner set out in this
421 part or prepare amendments to its existing comprehensive plan to
422 conform it to the requirements of this part and in the manner
423 set out in this part. In accordance with s. 163.3184, each local
424 government shall submit to the state land planning agency its
425 complete proposed comprehensive plan or its complete
426 comprehensive plan as proposed to be amended.
427 (3) When a local government has not prepared all of the
428 required elements or has not amended its plan as required by
429 subsection (2), the regional planning agency having
430 responsibility for the area in which the local government lies
431 shall prepare and adopt by rule, pursuant to chapter 120, the
432 missing elements or adopt by rule amendments to the existing
433 plan in accordance with this act by July 1, 1989, or within 1
434 year after the dates specified or provided in subsection (2) and
435 the state land planning agency review schedule, whichever is
436 later. The regional planning agency shall provide at least 90
437 days’ written notice to any local government whose plan it is
438 required by this subsection to prepare, prior to initiating the
439 planning process. At least 90 days before the adoption by the
440 regional planning agency of a comprehensive plan, or element or
441 portion thereof, pursuant to this subsection, the regional
442 planning agency shall transmit a copy of the proposed
443 comprehensive plan, or element or portion thereof, to the local
444 government and the state land planning agency for written
445 comment. The state land planning agency shall review and comment
446 on such plan, or element or portion thereof, in accordance with
447 s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be
448 applicable to the regional planning agency as if it were a
449 governing body. Existing comprehensive plans shall remain in
450 effect until they are amended pursuant to subsection (2), this
451 subsection, s. 163.3187, or s. 163.3189.
452 (3)(4) A municipality established after the effective date
453 of this act shall, within 1 year after incorporation, establish
454 a local planning agency, pursuant to s. 163.3174, and prepare
455 and adopt a comprehensive plan of the type and in the manner set
456 out in this act within 3 years after the date of such
457 incorporation. A county comprehensive plan shall be deemed
458 controlling until the municipality adopts a comprehensive plan
459 in accord with the provisions of this act. If, upon the
460 expiration of the 3-year time limit, the municipality has not
461 adopted a comprehensive plan, the regional planning agency shall
462 prepare and adopt a comprehensive plan for such municipality.
463 (4)(5) Any comprehensive plan, or element or portion
464 thereof, adopted pursuant to the provisions of this act, which
465 but for its adoption after the deadlines established pursuant to
466 previous versions of this act would have been valid, shall be
467 valid.
468 (6) When a regional planning agency is required to prepare
469 or amend a comprehensive plan, or element or portion thereof,
470 pursuant to subsections (3) and (4), the regional planning
471 agency and the local government may agree to a method of
472 compensating the regional planning agency for any verifiable,
473 direct costs incurred. If an agreement is not reached within 6
474 months after the date the regional planning agency assumes
475 planning responsibilities for the local government pursuant to
476 subsections (3) and (4) or by the time the plan or element, or
477 portion thereof, is completed, whichever is earlier, the
478 regional planning agency shall file invoices for verifiable,
479 direct costs involved with the governing body. Upon the failure
480 of the local government to pay such invoices within 90 days, the
481 regional planning agency may, upon filing proper vouchers with
482 the Chief Financial Officer, request payment by the Chief
483 Financial Officer from unencumbered revenue or other tax sharing
484 funds due such local government from the state for work actually
485 performed, and the Chief Financial Officer shall pay such
486 vouchers; however, the amount of such payment shall not exceed
487 50 percent of such funds due such local government in any one
488 year.
489 (7) A local government that is being requested to pay costs
490 may seek an administrative hearing pursuant to ss. 120.569 and
491 120.57 to challenge the amount of costs and to determine if the
492 statutory prerequisites for payment have been complied with.
493 Final agency action shall be taken by the state land planning
494 agency. Payment shall be withheld as to disputed amounts until
495 proceedings under this subsection have been completed.
496 (5)(8) Nothing in this act shall limit or modify the rights
497 of any person to complete any development that has been
498 authorized as a development of regional impact pursuant to
499 chapter 380 or who has been issued a final local development
500 order and development has commenced and is continuing in good
501 faith.
502 (6)(9) The Reedy Creek Improvement District shall exercise
503 the authority of this part as it applies to municipalities,
504 consistent with the legislative act under which it was
505 established, for the total area under its jurisdiction.
506 (7)(10) Nothing in this part shall supersede any provision
507 of ss. 341.8201-341.842.
508 (11) Each local government is encouraged to articulate a
509 vision of the future physical appearance and qualities of its
510 community as a component of its local comprehensive plan. The
511 vision should be developed through a collaborative planning
512 process with meaningful public participation and shall be
513 adopted by the governing body of the jurisdiction. Neighboring
514 communities, especially those sharing natural resources or
515 physical or economic infrastructure, are encouraged to create
516 collective visions for greater-than-local areas. Such collective
517 visions shall apply in each city or county only to the extent
518 that each local government chooses to make them applicable. The
519 state land planning agency shall serve as a clearinghouse for
520 creating a community vision of the future and may utilize the
521 Growth Management Trust Fund, created by s. 186.911, to provide
522 grants to help pay the costs of local visioning programs. When a
523 local vision of the future has been created, a local government
524 should review its comprehensive plan, land development
525 regulations, and capital improvement program to ensure that
526 these instruments will help to move the community toward its
527 vision in a manner consistent with this act and with the state
528 comprehensive plan. A local or regional vision must be
529 consistent with the state vision, when adopted, and be
530 internally consistent with the local or regional plan of which
531 it is a component. The state land planning agency shall not
532 adopt minimum criteria for evaluating or judging the form or
533 content of a local or regional vision.
534 (8)(12) An initiative or referendum process in regard to
535 any development order or in regard to any local comprehensive
536 plan amendment or map amendment that affects five or fewer
537 parcels of land is prohibited.
538 (9)(13) Each local government shall address in its
539 comprehensive plan, as enumerated in this chapter, the water
540 supply sources necessary to meet and achieve the existing and
541 projected water use demand for the established planning period,
542 considering the applicable plan developed pursuant to s.
543 373.709.
544 (10)(14)(a) If a local government grants a development
545 order pursuant to its adopted land development regulations and
546 the order is not the subject of a pending appeal and the
547 timeframe for filing an appeal has expired, the development
548 order may not be invalidated by a subsequent judicial
549 determination that such land development regulations, or any
550 portion thereof that is relevant to the development order, are
551 invalid because of a deficiency in the approval standards.
552 (b) This subsection does not preclude or affect the timely
553 institution of any other remedy available at law or equity,
554 including a common law writ of certiorari proceeding pursuant to
555 Rule 9.190, Florida Rules of Appellate Procedure, or an original
556 proceeding pursuant to s. 163.3215, as applicable.
557 (c) This subsection applies retroactively to any
558 development order granted on or after January 1, 2002.
559
560
561 ================= T I T L E A M E N D M E N T ================
562 And the title is amended as follows:
563 Delete lines 17 - 18.