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.