Florida Senate - 2011 (NP) SB 1446 By Senator Jones 13-00254A-11 20111446__ 1 A bill to be entitled 2 An act relating to the Pinellas Planning Council, 3 Pinellas County; codifying, amending, reenacting, and 4 repealing special acts relating to the district; 5 reorganizing the council; setting forth the purpose of 6 the council; providing legislative intent that the 7 countywide plan be broadly defined and policy-based; 8 providing that the primary focus of the council will 9 be land use and transportation planning; providing 10 definitions; providing that the membership of the 11 council shall be the same as that of the Pinellas 12 County Metropolitan Planning Organization; providing 13 for the election of officers, meetings of the council, 14 requirements of a quorum, and member expenses; 15 providing for the powers and duties of the council, 16 including revising the required components of the 17 countywide plan, consistent with the stated 18 legislative intent; providing for countywide staff and 19 committees; providing for a budget and annual 20 independent audit; recognizing the countywide planning 21 authority of the Pinellas County Board of County 22 Commissioners as provided by the Pinellas County 23 Charter; providing for the repeal of the existing 24 countywide plan, adoption of a new countywide plan, 25 future amendment of the plan, and standards and 26 procedures for such actions; providing a timetable for 27 consistency review after adoption of a new countywide 28 plan; providing for public hearing and notice 29 requirements; requiring the authority to adopt 30 specific notice standards in the countywide rules; 31 providing for compliance with part II of chapter 163, 32 Florida Statutes; repealing chapters 73-594, 74-584, 33 74-586, 76-473, 88-464, and 90-396, Laws of Florida; 34 providing an effective date. 35 36 WHEREAS, Pinellas County is approaching a built-out 37 condition, and planned redevelopment of the built environment is 38 critical to maintaining and improving the countywide economy and 39 quality of life, and 40 WHEREAS, given the land constraints within the county, it 41 is recognized that countywide traffic issues cannot be solved by 42 road building alone, but must be addressed through a multimodal 43 transportation system, and 44 WHEREAS, with the Legislature’s creation of the Tampa Bay 45 Area Regional Transportation Authority (“TBARTA”) in 2007, the 46 provision of enhanced public transit within the county has 47 become a high transportation planning priority, and 48 WHEREAS, land use patterns are a critical factor in 49 determining whether multimodal transportation, particularly 50 transit, is functional and effective, and 51 WHEREAS, transportation and land use planning do not exist 52 independently, but have a relationship in which each influences 53 the other, and 54 WHEREAS, both the Updated Countywide Plan for Pinellas 55 County and Pinellas by Design: An Economic Development and 56 Redevelopment Plan for the Pinellas Community contain planning 57 strategies that call for increased coordination of the land use 58 and transportation planning activities of the Pinellas Planning 59 Council (“PPC”) and the Metropolitan Planning Organization 60 (“MPO”), and 61 WHEREAS, a Joint Land Use and Transportation Committee 62 (“committee”), consisting of three representatives from the PPC, 63 three representatives from the Board of County Commissioners 64 (BCC), and three representatives from the MPO, was convened in 65 April 2010 to study the potential of integrating transportation 66 and future land use planning at the countywide level, and 67 WHEREAS, the committee has recommended that the MPO and PPC 68 functions be more closely aligned on transportation and land use 69 issues to create a more streamlined and integrated process, 70 which should identify and eliminate any redundancies, 71 disconnects, or inefficiencies in the current system, and 72 WHEREAS, the committee recommended that this integrated 73 process include a new Countywide Future Land Use Plan, which 74 establishes a broad, forward-looking land use planning 75 framework, incorporates and guides multimodal transportation 76 planning, and allows sufficient flexibility to accommodate the 77 redevelopment needs of local communities, and 78 WHEREAS, the committee determined that the most effective 79 way to accomplish these goals would be to unify the membership 80 of the boards of the MPO and the PPC into a single board that 81 would be empowered to carry out the functions of both the MPO 82 and the PPC, and 83 WHEREAS, it is the recommendation of the committee that the 84 new unified board should continue to consist of elected 85 officials and ensure adequate representation for all local 86 governments within Pinellas County, recognizing that the 87 Pinellas Suncoast Transportation Authority (“PSTA”) will also 88 have a seat on the new board, and 89 WHEREAS, it was the consensus of the committee that the new 90 unified board be supported by an independent executive director 91 who serves in that capacity exclusively, with staff chosen by 92 that independent director, but with priority given to current 93 employees of the PPC and MPO, and 94 WHEREAS, the establishment of the new unified board will 95 require reapportionment of the MPO membership, which must be 96 done in conformance with section 339.175, Florida Statutes, and 97 WHEREAS, the establishment of the new unified board will 98 require an amendment to and reenactment of the PPC’s charter, 99 NOW, THEREFORE, 100 101 Be It Enacted by the Legislature of the State of Florida: 102 103 Section 1. (1) The reenactment of existing law in this act 104 shall not be construed as a grant of additional authority to or 105 supersede the authority of any entity pursuant to law. 106 Exceptions to law contained in any special act that are 107 reenacted pursuant to this act shall continue to apply. 108 (2) The reenactment of existing law in this act shall not 109 be construed to modify, amend, or alter any covenants, 110 contracts, or other obligations of the district with respect to 111 bonded indebtedness. Nothing pertaining to the reenactment of 112 existing law in this act shall be construed to affect the 113 ability of the district to levy and collect taxes, assessments, 114 fees, or charges for the purpose of redeeming or servicing 115 bonded indebtedness of the district. 116 Section 2. Chapters 73-594, 74-584, 74-586, 76-473, 88-464, 117 and 90-396, Laws of Florida, are amended, codified, reenacted, 118 and repealed as provided in this act. 119 Section 3. The charter for the Pinellas Planning Council, 120 Pinellas County, a dependent special district, is re-created and 121 reenacted to read: 122 Section 1. County planning council created.—There is hereby 123 created a countywide planning and coordinating council to be 124 known as the “Pinellas Planning Council,” hereinafter referred 125 to as the “council.” The council shall have common membership 126 and function as a single, unified board with the Pinellas County 127 Metropolitan Planning Organization (“MPO”). 128 Section 2. Purpose of council; legislative intent.— 129 (1) The Legislature recognizes the social and economic 130 interdependence of the people residing within Pinellas County 131 and the common interest they share in its future development. 132 The Legislature recognizes the value of considering land use and 133 transportation planning issues concurrently and of coordinating 134 and implementing land use and transportation planning functions 135 in an integrated manner. The Legislature also recognizes that 136 individual plans and decisions heretofore made by local 137 governments within the county have affected the welfare of the 138 entire county as well as neighboring jurisdictions, and, 139 therefore, the Legislature intends that the purpose of this act 140 is to provide for: 141 (a) The formulation and execution by the council of the 142 strategies necessary for the orderly growth, development, and 143 environmental protection of Pinellas County as a whole, with the 144 focus on those issues deemed to have an impact countywide. 145 (b) The coordination by the council of planning and 146 development in Pinellas County with regional planning objectives 147 in the Tampa Bay area as developed by such entities as the MPO, 148 the Tampa Bay Regional Planning Council, the Tampa Bay Area 149 Regional Transportation Authority (“TBARTA”), the Pinellas 150 Suncoast Transit Authority (“PSTA”), the Department of 151 Transportation (“DOT”), and the Department of Community Affairs 152 (“DCA”). 153 (2) The Legislature further recognizes that the future of 154 Pinellas County, its permanent residents, and the millions of 155 tourists who annually visit the county is dependent upon the way 156 the natural resources of land, air, and water are protected and 157 impacted by the built environment and through the use and reuse 158 of land to accommodate the urban development and redevelopment 159 pattern, the transportation system that serves it, and other 160 development activities that are guided by the countywide 161 planning function. 162 (3) The Legislature intends for the development of a 163 broadly defined, policy-based countywide plan that will focus on 164 countywide issues related to future land use, transportation, 165 and intergovernmental coordination. 166 (4) The Legislature further intends that this act provide 167 for the coordination by the council of the transportation 168 planning functions undertaken by the MPO with the council’s land 169 use planning functions, as expressed in this act, in a manner 170 that more fully integrates these two functions in a 171 complementary manner, as well as a means for the integration of 172 the membership of the boards of the council and MPO, such that a 173 single, unified board shall perform the functions of both the 174 council and the MPO. 175 Section 3. Definitions.—As used in this act, the term: 176 (1) “Countywide plan” means materials in such descriptive 177 form, written or graphic, as may be appropriate to the 178 prescription of strategies for the orderly and balanced future 179 development of Pinellas County. The countywide plan is comprised 180 of the countywide plan strategies, the countywide plan map, and 181 the countywide rules in section 6(7). 182 (2) “Countywide plan map” means the future land use map 183 that designates general categories of land use by type and 184 location to guide the future development pattern and use of land 185 throughout the county. 186 (3) “Countywide plan strategies” means an overarching set 187 of policies that identify and set forth a plan of action to 188 address those components set forth in section 6(7) and that are 189 collectively used to administer and guide interpretation of the 190 countywide plan map and countywide rules. 191 (4) “Countywide planning authority” means the board of 192 county commissioners, acting in its capacity as the countywide 193 planning authority, through the exercise of its power under 194 section 2.04(s) of the Pinellas County Charter. 195 (5) “Countywide rules” and the “rules” mean those rules, 196 standards, and procedures that will implement the countywide 197 plan as provided in section 6(7). 198 (6) “Existing countywide plan” means and refers to that 199 countywide plan, inclusive of the countywide plan strategies, 200 countywide plan map, and countywide rules as adopted by Pinellas 201 County Ordinance 89-4, as amended. 202 (7) “Land development regulation” means an ordinance 203 enacted by a local government for the regulation of any aspect 204 of development and includes any local government zoning, 205 rezoning, subdivision, or building construction regulation or 206 any other regulation controlling the development of land. 207 (8) “Local government” means Pinellas County or any 208 municipality within the county. 209 Section 4. Membership of council.—The council shall be 210 composed of the voting membership of the Pinellas County 211 Metropolitan Planning Organization. The terms of office and 212 appointments to fill vacancies shall be consistent with Florida 213 law governing the MPO. 214 Section 5. Officers; meetings; records; quorum; expenses.— 215 (1) The council shall elect one of its members as 216 chairperson, one of its members as vice chairperson, one of its 217 members as treasurer, and one of its members as secretary, each 218 of whom shall serve for the year or until a successor is 219 elected. No person elected chairperson shall serve more than 2 220 consecutive years in that capacity. Election of officers shall 221 be conducted in concert with the MPO, as provided by Florida law 222 governing the MPO. 223 (2) The council may meet at least once each month, at such 224 place and at such other times in special session as the council, 225 by a majority vote, shall determine, and at any other time at 226 the call of the chairperson. The council shall adopt, by an 227 affirmative vote of a majority of the voting members of the 228 council, operating procedures for the transaction of business 229 and keep a record of its transactions, resolutions, findings, 230 determinations, recommendations, and orders, which record shall 231 be a public record. Subsequent amendment of the operating 232 procedures shall be by an affirmative vote of a majority of the 233 members present and constituting a quorum. 234 (3) At all meetings of the council, a quorum shall consist 235 of a simple majority of the full voting membership. No official 236 business of the council may be transacted unless a quorum is 237 present. No vacancy in the council shall impair the right of a 238 quorum of the council to exercise all the rights and perform all 239 the duties of the council. Except as otherwise provided in this 240 act, all actions of the council shall be by a majority vote of 241 those members present. 242 (4) Members of the council shall be entitled to receive 243 from the council their traveling and other necessary expenses 244 incurred in connection with the business of the council, as 245 provided by law, but they shall draw no salaries or other 246 compensation. 247 Section 6. Powers and duties.—In the performance of its 248 duties and in the execution of its functions under this act, the 249 council has and shall exercise the following powers and duties: 250 (1) To maintain a permanent office at the place or places 251 within Pinellas County as it may designate. Additional 252 suboffices may be maintained at such place or places within 253 Pinellas County as it may designate. 254 (2) To employ and to compensate such personnel, 255 consultants, and technical and professional assistance as it may 256 deem necessary. 257 (3) To make and enter into contracts and agreements. 258 (4) To hold public hearings and sponsor public forums. 259 (5) To sue and to be sued in its own name. 260 (6) To contract with, accept and expend funds and grants 261 from, and accept and use services from: 262 (a) The Federal Government or any agency thereof. 263 (b) The state government or any agency thereof. 264 (c) The county government or any agency thereof, including 265 the district school board. 266 (d) The several municipalities in Pinellas County or any 267 agencies thereof. 268 (e) The Tampa Bay Regional Planning Council and other 269 governmental agencies. 270 (f) Civic groups and nonprofit agencies. 271 (7) To develop for countywide planning authority approval a 272 countywide plan that shall be broadly defined, policy-based, and 273 focused on countywide issues and that shall include: 274 (a) The countywide plan map. 275 (b) The countywide rules, which shall establish parameters 276 that will be used to determine whether local governments’ future 277 land use plans and land development regulations are consistent 278 with the countywide plan map and rules. Each land use category 279 shall, at a minimum, be defined in terms of the types of uses 280 included and specific standards for the density or intensity of 281 use. 282 (c) The countywide plan strategies, which shall provide 283 policy guidance for the countywide plan map and rules and which 284 shall include: 285 1. A countywide future land use component that supports a 286 countywide managed growth perspective. 287 2. A countywide transportation component that supports mass 288 transit and other transportation facilities and that recognizes 289 the responsibilities of the MPO as defined by law and joint 290 agreement. 291 3. A countywide intergovernmental coordination component 292 that supports enhanced integration of local government land use 293 and transportation planning. 294 4. Any other component determined by the council and the 295 countywide planning authority to be necessary to establish 296 effective countywide planning in furtherance of the intent of 297 this act. 298 (8) To coordinate countywide growth management issues and 299 procedures consistent with this act. 300 (9) To review the countywide plan with the local 301 governments in order to ensure coordination with local goals and 302 policies, identify specific countywide growth management problem 303 areas, and work collaboratively with local governments towards 304 solutions to those identified problems. 305 (10) When processing amendments to the countywide plan map, 306 to consider the countywide plan strategies and the countywide 307 rules. 308 (11) To conduct a strategic planning session with the 309 countywide planning authority on an annual basis or at such 310 other intervals as the council and countywide planning authority 311 shall agree upon. 312 Section 7. Countywide staff and committees.— 313 (1) Pursuant to section 6(2), the council shall appoint an 314 independent executive director, who shall serve at the pleasure 315 of the council. The employment qualifications and standards for 316 the position of executive director shall be established by the 317 council. The executive director may employ such other staff as 318 may be needed and shall have the sole authority to manage the 319 activities of the staff. Nothing in this act shall prevent the 320 executive director and the staff from being classified or exempt 321 employees of the Pinellas County Unified Personnel System. 322 (2) Directors of individual local government land use and 323 planning departments, or their designees, are the members of the 324 planners advisory committee. The planners advisory committee 325 may, at the direction of the council, perform a professional 326 planning review of the council staff recommendations that are to 327 be acted upon by the council. The planners advisory committee 328 may also include a representative from the planning departments 329 maintained by the Pinellas County School Board, the PSTA, the 330 DOT, and other agencies as the council may determine 331 appropriate. In addition to the planners advisory committee, the 332 council may appoint such other committees as it deems necessary, 333 which may be comprised of either elected or nonelected 334 officials. The committees provided for in this section may 335 perform such other duties as assigned by the council but may not 336 be involved in the administration or executive functions of the 337 council. 338 (3) The staff, as recognized in this act, shall prepare all 339 plans or other documents that the council may direct under this 340 act and shall assist any committee and the executive director in 341 day-to-day activities. The staff shall be governed by such 342 operating procedures as may be set forth by the council. 343 Section 8. Budget, fiscal year, appropriations, 344 contributions; annual audits and reports.— 345 (1) The executive director of the council shall annually 346 prepare the budget of the council. The budget shall be kept 347 within the limit of funds annually available to the council, and 348 each item in the budget shall be fully explained. The council 349 shall approve and adopt the annual millage rate and budget, and 350 all deliberations on the millage rate and budget by the council 351 shall be done at meetings open to the public. The fiscal year of 352 the council shall be the same as the fiscal year of the Board of 353 County Commissioners of Pinellas County. Notwithstanding the 354 above, the Board of County Commissioners of Pinellas County 355 shall have the right to review the millage rate and budget, 356 raising or reducing either as it deems necessary. In its review 357 of the millage rate and budget, the board of county 358 commissioners shall ensure that the council is funded, at a 359 minimum, at a level that supports the council’s powers and 360 duties set forth in section 6. 361 (2) The Tax Collector of Pinellas County shall remit 362 directly to the council, from the total taxes collected from the 363 millage certified by the Board of County Commissioners of 364 Pinellas County for county purposes, an amount equal to the 365 annual budget but not to exceed one-sixth of a mill on each 366 dollar of the assessed valuation of taxable property made 367 annually by the Property Appraiser of Pinellas County. The funds 368 collected pursuant to this subsection shall only be expended for 369 council purposes. 370 (3) The council shall cause an annual independent audit to 371 be performed, to be paid for by the council. The council shall 372 also prepare an annual report on its activities as a whole. 373 Section 9. Countywide planning authority of the board of 374 county commissioners.—The Board of County Commissioners of 375 Pinellas County is vested with countywide planning authority by 376 section 2.04(s) of the Pinellas County Charter. Such authority 377 is limited to the authority provided for in the county charter 378 and as provided in this act. 379 Section 10. Countywide plan repeal, readoption, and 380 amendment.— 381 (1) COUNTYWIDE PLAN AND RULES.— 382 (a) The existing countywide plan is to be repealed and 383 replaced by the adoption of a new, broadly defined, and policy 384 based countywide plan that conforms to the intent of this act. 385 It is specifically intended that a new countywide plan provide 386 for fewer land use categories than the existing countywide plan. 387 The new countywide plan shall be prepared in collaboration with 388 the member local governments pursuant to a process and timetable 389 established by the council and countywide planning authority. 390 Council staff shall use best efforts to develop a new countywide 391 plan as expeditiously as possible. Before the adoption of a new 392 countywide plan, the existing countywide plan shall remain in 393 full force and effect. 394 (b) An amendment to the countywide plan map may be 395 initiated by the council only in order to implement the new 396 countywide plan that conforms to the intent of this act. 397 Pursuant to this one-time grant of authority which is intended 398 to repeal and replace the existing countywide plan map, the 399 council may initiate an amendment to the countywide plan map to 400 place any new plan map categories designated under a new 401 countywide plan on particular parcels of property, as 402 applicable. Such amendment to the countywide plan map initiated 403 by the council shall be sent to the local government with 404 jurisdiction over the subject parcel for comment and review a 405 minimum of 60 days before council action. The manner in which 406 comment, review, and adoption by the local government, if 407 applicable, shall take place shall be set forth in the 408 countywide rules. 409 (c) The recommendation to repeal and replace the existing 410 countywide plan shall be by an affirmative vote of a majority of 411 the voting members of the council. Any recommendation to 412 subsequently amend the countywide plan shall be by an 413 affirmative vote of a majority of the voting members present and 414 constituting a quorum. 415 (d) The countywide planning authority action to repeal and 416 replace the existing countywide plan as recommended by the 417 council shall be by a majority vote of the entire countywide 418 planning authority. A majority vote of the members present and 419 constituting a quorum of the countywide planning authority is 420 required to make any subsequent amendment to the countywide plan 421 as recommended for adoption by the council. 422 (e) Upon adoption by the countywide planning authority, the 423 countywide plan shall have the full force and effect of law 424 countywide. All local governments’ future land use plans and 425 land development regulations shall be consistent with the 426 countywide plan map and rules. The countywide planning authority 427 shall have the authority to enforce the countywide plan map and 428 rules. 429 (2) CONSISTENCY REVIEW.— 430 (a) As of the effective date of this act, it is 431 acknowledged that the council has recently reviewed each local 432 government’s future land use plan and land development 433 regulations for consistency with the existing countywide plan 434 map and rules and has determined each such future land use plan 435 and land development regulation to be consistent with the 436 existing countywide plan map and rules or has outlined the 437 actions necessary to establish such consistency. After a new 438 countywide plan map and rules that conform to the intent of this 439 act are adopted, it is specifically intended that the local 440 governments’ individual plans be made consistent with the new 441 countywide plan map and rules, if necessary, either: 442 1. Simultaneously with the next scheduled amendment, after 443 the effective date of this act, of the local future land use 444 plan and land development regulations pursuant to the Evaluation 445 and Appraisal Report (EAR), as required for local plans under 446 part II of chapter 163, Florida Statutes, and Rule 9J-42, 447 Florida Administrative Code; or 448 2. If the date provided in subparagraph 1. is less than 2 449 years after the adoption of the revised countywide plan map and 450 rules or is no longer applicable to the local government, within 451 2 years after the adoption of the revised countywide plan map 452 and rules. 453 (b) Local governments’ land use categories and 454 corresponding regulations shall be considered to be consistent 455 with the countywide plan map and rules if the local governments’ 456 land use categories provide for: 457 1. Maximum densities and intensities that are equal to or 458 less than the maximum densities and intensities provided by the 459 corresponding countywide plan map categories as set forth in the 460 rules. 461 2. Some or all of the same permitted uses as enumerated in 462 the corresponding countywide plan map categories. 463 3. Such other standards, rules, or procedures contained in 464 the countywide rules as are applicable. 465 (c) If a local government’s future land use plan and land 466 development regulations have been determined to be consistent 467 with the countywide plan map and rules, the local future land 468 use plan and land development regulations shall regulate 469 development for the subject property. 470 (d) It is the intent of this act that land uses, lots, and 471 structures existing on the effective date of this act that may 472 be rendered nonconforming by the adoption of a new countywide 473 plan shall be permitted to continue until such nonconformities 474 are removed or ceased. Such nonconformities shall be 475 administered by the local government with jurisdiction. 476 (3) COUNTYWIDE PLAN MAP AMENDMENTS.— 477 (a) Amendments to the adopted countywide plan map relating 478 to a land use designation for a particular parcel of property 479 may be initiated by the local government that has jurisdiction 480 over the subject property. Amendments to any standard, policy, 481 or objective of the countywide plan strategies or the rules may 482 be initiated by the council or any local government. 483 (b) The council shall have 60 days after the day an 484 application is filed with the council to act on that amendment 485 and forward the recommendation to the countywide planning 486 authority. Action by the council may include recommendation for 487 approval, denial, continuation, or an alternative compromise 488 amendment, any of which shall constitute action by the council 489 within the stipulated 60-day period. Provision for the council 490 to make a recommendation for an alternative compromise amendment 491 shall be as approved and set forth in the rules. 492 (c) All amendments shall be transmitted to the countywide 493 planning authority with a recommendation by the council. A vote 494 of a majority plus one of the entire countywide planning 495 authority is required to take any action on the proposed 496 amendment that is contrary to the council’s recommendation. A 497 recommendation shall be received by the countywide planning 498 authority prior to its taking action on an amendment. 499 (d) After action by the countywide planning authority, any 500 substantially affected person, the council, or the local 501 government that initiated the plan amendment may seek a hearing 502 pursuant to chapter 120, Florida Statutes. Any substantially 503 affected person may participate in the hearing. At the 504 conclusion of the hearing, the hearing officer’s recommended 505 order shall be forwarded to and considered by the countywide 506 planning authority in a final hearing. The basis for the 507 countywide planning authority’s final decision approving or 508 denying the proposed amendment is limited to the findings of 509 fact of the hearing officer. This paragraph shall only apply to 510 amendments to the countywide plan map. 511 (e) The council may contract with the Division of 512 Administrative Hearings to provide the hearing officers required 513 by this act. The council shall be responsible for compensating 514 the division for costs incurred by the division in the hearing 515 process. Except as provided in paragraph (d), the council and 516 the countywide planning authority are not subject to chapter 517 120, Florida Statutes. 518 (f) An administrative hearing under paragraph (d) is 519 limited to a review of the facts pertaining to the subject 520 property, the countywide plan map, and the rules applicable 521 thereto. An administrative hearing is not the appropriate forum 522 for a constitutional challenge. 523 (g) Decisions by the countywide planning authority, acting 524 in its capacity under this act, are legislative in nature. 525 Decisions made by the countywide planning authority may be 526 challenged in a court of competent jurisdiction. 527 Section 11. Public hearing and notice requirements.— 528 (1) PUBLIC HEARING BEFORE THE COUNCIL.—The council shall 529 hold at least one public hearing to consider recommending the 530 adoption of or an amendment to the countywide plan. More than 531 one public hearing may be held at the discretion of the council. 532 The location of public hearings shall be determined by the 533 council. 534 (2) PUBLIC HEARING BEFORE THE COUNTYWIDE PLANNING 535 AUTHORITY.—An ordinance adopted by the countywide planning 536 authority that adopts or amends the provisions of the countywide 537 plan shall be enacted or amended pursuant to the following 538 procedure: 539 (a) For an amendment to the adopted countywide plan map 540 relating to property involving less than 5 percent of the area 541 of the county, the countywide planning authority shall hold a 542 public hearing on the proposed ordinance. 543 (b) For an adoption of or amendment to the countywide plan 544 strategies or the countywide rules, for an amendment to the 545 adopted countywide plan map relating to the change in a land use 546 designation for property involving 5 percent or more of the area 547 of the county, or for an adoption of the countywide plan map 548 initiated by the council pursuant to section 10(1)(b), the 549 countywide planning authority shall hold two advertised public 550 hearings on the proposed ordinance. At least one of the hearings 551 shall be held after 5 p.m. on a weekday, and the second hearing 552 shall be held at least 2 weeks after the first hearing. 553 (3) FORM OF NOTICE.—Notice shall be provided for in 554 accordance with applicable Florida law and as provided for in 555 the rules. 556 Section 12. Severability.—It is declared to be the intent 557 of the Legislature that if any section, subsection, sentence, 558 clause, or provision of this act is held invalid by any court of 559 competent jurisdiction, the remainder of the act shall not be 560 affected. 561 Section 13. Part II of chapter 163, Florida Statutes. 562 Nothing in this act shall be construed to allow the county or 563 any municipality in the county to adopt a local government 564 comprehensive plan required by part II of chapter 163, Florida 565 Statutes, or any amendment to such plan, that does not comply 566 with part II of chapter 163, Florida Statutes, or any applicable 567 rule or regulation adopted by the Department of Community 568 Affairs to implement part II of chapter 163, Florida Statutes. 569 In addition, nothing in this act shall be construed to allow any 570 development order, as defined in section 163.3164, Florida 571 Statutes, to be issued by the county or any municipality in the 572 county that is not consistent with the plans adopted pursuant to 573 part II of chapter 163, Florida Statutes, and any applicable 574 rule or regulation adopted by the Department of Community 575 Affairs to implement part II of chapter 163, Florida Statutes. 576 Section 4. Chapters 73-594, 74-584, 74-586, 76-473, 88-464, 577 and 90-396, Laws of Florida, are repealed. 578 Section 5. This act shall take effect upon becoming a law 579 or upon the final approval of the Pinellas County Metropolitan 580 Planning Organization’s reapportionment plan increasing its 581 membership from 11 to 13 members (“the MPO reapportionment 582 plan”), whichever occurs later. The terms of the existing 583 members of the Pinellas Planning Council shall continue until 584 the MPO reapportionment plan becomes effective and the new 585 members are appointed to the council.