HB 869

1
A bill to be entitled
2An act relating to the Pinellas Planning Council,
3Pinellas County; codifying, amending, reenacting, and
4repealing special acts relating to the district;
5reorganizing the council; setting forth the purpose of
6the council; providing legislative intent that the
7countywide plan be broadly defined and policy-based;
8providing that the primary focus of the council will
9be land use and transportation planning; providing
10definitions; providing that the membership of the
11council shall be the same as that of the Pinellas
12County Metropolitan Planning Organization; providing
13for the election of officers, meetings of the council,
14requirements of a quorum, and member expenses;
15providing for the powers and duties of the council,
16including revising the required components of the
17countywide plan, consistent with the stated
18legislative intent; providing for countywide staff and
19committees; providing for a budget and annual
20independent audit; recognizing the countywide planning
21authority of the Pinellas County Board of County
22Commissioners as provided by the Pinellas County
23Charter; providing for the repeal of the existing
24countywide plan, adoption of a new countywide plan,
25future amendment of the plan, and standards and
26procedures for such actions; providing a timetable for
27consistency review after adoption of a new countywide
28plan; providing for public hearing and notice
29requirements; requiring the authority to adopt
30specific notice standards in the countywide rules;
31providing for compliance with part II of chapter 163,
32Florida Statutes; repealing chapters 73-594, 74-584,
3374-586, 76-473, 88-464, and 90-396, Laws of Florida;
34providing an effective date.
35
36     WHEREAS, Pinellas County is approaching a built-out
37condition, and planned redevelopment of the built environment is
38critical to maintaining and improving the countywide economy and
39quality of life, and
40     WHEREAS, given the land constraints within the county, it
41is recognized that countywide traffic issues cannot be solved by
42road building alone but must be addressed through a multimodal
43transportation system, and
44     WHEREAS, with the Legislature's creation of the Tampa Bay
45Area Regional Transportation Authority ("TBARTA") in 2007, the
46provision of enhanced public transit within the county has
47become a high transportation planning priority, and
48     WHEREAS, land use patterns are a critical factor in
49determining whether multimodal transportation, particularly
50transit, is functional and effective, and
51     WHEREAS, transportation and land use planning do not exist
52independently but have a relationship in which each influences
53the other, and
54     WHEREAS, both the Updated Countywide Plan for Pinellas
55County and Pinellas by Design: An Economic Development and
56Redevelopment Plan for the Pinellas Community contain planning
57strategies that call for increased coordination of the land use
58and transportation planning activities of the Pinellas Planning
59Council ("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,
63three representatives from the Board of County Commissioners
64(BCC), and three representatives from the MPO, was convened in
65April 2010 to study the potential of integrating transportation
66and future land use planning at the countywide level, and
67     WHEREAS, the committee has recommended that the MPO and PPC
68functions be more closely aligned on transportation and land use
69issues to create a more streamlined and integrated process,
70which should identify and eliminate any redundancies,
71disconnects, or inefficiencies in the current system, and
72     WHEREAS, the committee recommended that this integrated
73process include a new Countywide Future Land Use Plan, which
74establishes a broad, forward-looking land use planning
75framework, incorporates and guides multimodal transportation
76planning, and allows sufficient flexibility to accommodate the
77redevelopment needs of local communities, and
78     WHEREAS, the committee determined that the most effective
79way to accomplish these goals would be to unify the membership
80of the boards of the MPO and the PPC into a single board that
81would be empowered to carry out the functions of both the MPO
82and the PPC, and
83     WHEREAS, it is the recommendation of the committee that the
84new unified board should continue to consist of elected
85officials and ensure adequate representation for all local
86governments within Pinellas County, recognizing that the
87Pinellas Suncoast Transportation Authority ("PSTA") will also
88have a seat on the new board, and
89     WHEREAS, it was the consensus of the committee that the new
90unified board be supported by an independent executive director
91who serves in that capacity exclusively, with staff chosen by
92that independent director, but with priority given to current
93employees of the PPC and MPO, and
94     WHEREAS, the establishment of the new unified board will
95require reapportionment of the MPO membership, which must be
96done in conformance with section 339.175, Florida Statutes, and
97     WHEREAS, the establishment of the new unified board will
98require an amendment to and reenactment of the PPC's charter,
99NOW, THEREFORE,
100
101Be It Enacted by the Legislature of the State of Florida:
102
103     Section 1.  (1)  The reenactment of existing law in this
104act shall not be construed as a grant of additional authority to
105or supersede the authority of any entity pursuant to law.
106Exceptions to law contained in any special act that are
107reenacted pursuant to this act shall continue to apply.
108     (2)  The reenactment of existing law in this act shall not
109be construed to modify, amend, or alter any covenants,
110contracts, or other obligations of the district with respect to
111bonded indebtedness. Nothing pertaining to the reenactment of
112existing law in this act shall be construed to affect the
113ability of the district to levy and collect taxes, assessments,
114fees, or charges for the purpose of redeeming or servicing
115bonded indebtedness of the district.
116     Section 2.  Chapters 73-594, 74-584, 74-586, 76-473, 88-
117464, and 90-396, Laws of Florida, are amended, codified,
118reenacted, and repealed as provided in this act.
119     Section 3.  The charter for the Pinellas Planning Council,
120Pinellas County, a dependent special district, is re-created and
121reenacted to read:
122     Section 1.  County planning council created.-There
123is created a countywide planning and coordinating
124council to be known as the "Pinellas Planning Council,"
125hereinafter referred to as the "council." The council
126shall have common membership and function as a single,
127unified board with the Pinellas County Metropolitan
128Planning Organization ("MPO").
129     Section 2.  Purpose of council; legislative intent.-
130     (1)  The Legislature recognizes the social and economic
131interdependence of the people residing within Pinellas County
132and the common interest they share in its future development.
133The Legislature recognizes the value of considering land use and
134transportation planning issues concurrently and of coordinating
135and implementing land use and transportation planning functions
136in an integrated manner. The Legislature also recognizes that
137individual plans and decisions heretofore made by local
138governments within the county have affected the welfare of the
139entire county as well as neighboring jurisdictions, and,
140therefore, the Legislature intends that the purpose of this act
141is to provide for:
142     (a)  The formulation and execution by the council of the
143strategies necessary for the orderly growth, development, and
144environmental protection of Pinellas County as a whole, with the
145focus on those issues deemed to have an impact countywide.
146     (b)  The coordination by the council of planning and
147development in Pinellas County with regional planning objectives
148in the Tampa Bay area as developed by such entities as the MPO,
149the Tampa Bay Regional Planning Council, the Tampa Bay Area
150Regional Transportation Authority ("TBARTA"), the Pinellas
151Suncoast Transit Authority ("PSTA"), the Department of
152Transportation ("DOT"), and the Department of Community Affairs
153("DCA").
154     (2)  The Legislature further recognizes that the future of
155Pinellas County, its permanent residents, and the millions of
156tourists who annually visit the county is dependent upon the way
157the natural resources of land, air, and water are protected and
158impacted by the built environment and through the use and reuse
159of land to accommodate the urban development and redevelopment
160pattern, the transportation system that serves it, and other
161development activities that are guided by the countywide
162planning function.
163     (3)  The Legislature intends for the development of a
164broadly defined, policy-based countywide plan that will focus on
165countywide issues related to future land use, transportation,
166and intergovernmental coordination.
167     (4)  The Legislature further intends that this act provide
168for the coordination by the council of the transportation
169planning functions undertaken by the MPO with the council's land
170use planning functions, as expressed in this act, in a manner
171that more fully integrates these two functions in a
172complementary manner, as well as a means for the integration of
173the membership of the boards of the council and MPO, such that a
174single, unified board shall perform the functions of both the
175council and the MPO.
176     Section 3.  Definitions.-As used in this act, the term:
177     (1)  "Countywide plan" means materials in such descriptive
178form, written or graphic, as may be appropriate to the
179prescription of strategies for the orderly and balanced future
180development of Pinellas County. The countywide plan is comprised
181of the countywide plan strategies, the countywide plan map, and
182the countywide rules in section 6(7).
183     (2)  "Countywide plan map" means the future land use map
184that designates general categories of land use by type and
185location to guide the future development pattern and use of land
186throughout the county.
187     (3)  "Countywide plan strategies" means an overarching set
188of policies that identify and set forth a plan of action to
189address those components set forth in section 6(7) and that are
190collectively used to administer and guide interpretation of the
191countywide plan map and countywide rules.
192     (4)  "Countywide planning authority" means the board of
193county commissioners, acting in its capacity as the countywide
194planning authority, through the exercise of its power under
195section 2.04(s) of the Pinellas County Charter.
196     (5)  "Countywide rules" and the "rules" mean those rules,
197standards, and procedures that will implement the countywide
198plan as provided in section 6(7).
199     (6)  "Existing countywide plan" means that countywide plan,
200inclusive of the countywide plan strategies, countywide plan
201map, and countywide rules as adopted by Pinellas County
202Ordinance 89-4, as amended.
203     (7)  "Land development regulation" means an ordinance
204enacted by a local government for the regulation of any aspect
205of development and includes any local government zoning,
206rezoning, subdivision, or building construction regulation or
207any other regulation controlling the development of land.
208     (8)  "Local government" means Pinellas County or any
209municipality within the county.
210     Section 4.  Membership of council.-The council shall be
211composed of the voting membership of the Pinellas County
212Metropolitan Planning Organization. The terms of office and
213appointments to fill vacancies shall be consistent with Florida
214law governing the MPO.
215     Section 5.  Officers; meetings; records; quorum; expenses.-
216     (1)  The council shall elect one of its members as
217chairperson, one of its members as vice chairperson, one of its
218members as treasurer, and one of its members as secretary, each
219of whom shall serve for the year or until a successor is
220elected. No person elected chairperson shall serve more than 2
221consecutive years in that capacity. Election of officers shall
222be conducted in concert with the MPO, as provided by Florida law
223governing the MPO.
224     (2)  The council may meet at least once each month, at such
225place and at such other times in special session as the council,
226by a majority vote, shall determine, and at any other time at
227the call of the chairperson. The council shall adopt, by an
228affirmative vote of a majority of the voting members of the
229council, operating procedures for the transaction of business
230and keep a record of its transactions, resolutions, findings,
231determinations, recommendations, and orders, which record shall
232be a public record. Subsequent amendment of the operating
233procedures shall be by an affirmative vote of a majority of the
234members present and constituting a quorum.
235     (3)  At all meetings of the council, a quorum shall consist
236of a simple majority of the full voting membership. No official
237business of the council may be transacted unless a quorum is
238present. No vacancy in the council shall impair the right of a
239quorum of the council to exercise all the rights and perform all
240the duties of the council. Except as otherwise provided in this
241act, all actions of the council shall be by a majority vote of
242those members present.
243     (4)  Members of the council shall be entitled to receive
244from the council their traveling and other necessary expenses
245incurred in connection with the business of the council, as
246provided by law, but they shall draw no salaries or other
247compensation.
248     Section 6.  Powers and duties.-In the performance of its
249duties and in the execution of its functions under this act, the
250council has and shall exercise the following powers and duties:
251     (1)  To maintain a permanent office at the place or places
252within Pinellas County as it may designate. Additional
253suboffices may be maintained at such place or places within
254Pinellas County as it may designate.
255     (2)  To employ and to compensate such personnel,
256consultants, and technical and professional assistance as it may
257deem necessary.
258     (3)  To make and enter into contracts and agreements.
259     (4)  To hold public hearings and sponsor public forums.
260     (5)  To sue and to be sued in its own name.
261     (6)  To contract with, accept and expend funds and grants
262from, and accept and use services from:
263     (a)  The Federal Government or any agency thereof.
264     (b)  The state government or any agency thereof.
265     (c)  The county government or any agency thereof, including
266the district school board.
267     (d)  The several municipalities in Pinellas County or any
268agencies thereof.
269     (e)  The Tampa Bay Regional Planning Council and other
270governmental agencies.
271     (f)  Civic groups and nonprofit agencies.
272     (7)  To develop for countywide planning authority approval
273a countywide plan that shall be broadly defined, policy-based,
274and focused on countywide issues and that shall include:
275     (a)  The countywide plan map.
276     (b)  The countywide rules, which shall establish parameters
277that will be used to determine whether local governments' future
278land use plans and land development regulations are consistent
279with the countywide plan map and rules. Each land use category
280shall, at a minimum, be defined in terms of the types of uses
281included and specific standards for the density or intensity of
282use.
283     (c)  The countywide plan strategies, which shall provide
284policy guidance for the countywide plan map and rules and which
285shall include:
286     1.  A countywide future land use component that supports a
287countywide managed growth perspective.
288     2.  A countywide transportation component that supports
289mass transit and other transportation facilities and that
290recognizes the responsibilities of the MPO as defined by law and
291joint agreement.
292     3.  A countywide intergovernmental coordination component
293that supports enhanced integration of local government land use
294and transportation planning.
295     4.  Any other component determined by the council and the
296countywide planning authority to be necessary to establish
297effective countywide planning in furtherance of the intent of
298this act.
299     (8)  To coordinate countywide growth management issues and
300procedures consistent with this act.
301     (9)  To review the countywide plan with the local
302governments in order to ensure coordination with local goals and
303policies, identify specific countywide growth management problem
304areas, and work collaboratively with local governments towards
305solutions to those identified problems.
306     (10)  When processing amendments to the countywide plan
307map, to consider the countywide plan strategies and the
308countywide rules.
309     (11)  To conduct a strategic planning session with the
310countywide planning authority on an annual basis or at such
311other intervals as the council and countywide planning authority
312shall agree upon.
313     Section 7.  Countywide staff and committees.-
314     (1)  Pursuant to section 6(2), the council shall appoint an
315independent executive director, who shall serve at the pleasure
316of the council. The employment qualifications and standards for
317the position of executive director shall be established by the
318council. The executive director may employ such other staff as
319may be needed and shall have the sole authority to manage the
320activities of the staff. Nothing in this act shall prevent the
321executive director and the staff from being classified or exempt
322employees of the Pinellas County Unified Personnel System.
323     (2)  Directors of individual local government land use and
324planning departments, or their designees, are the members of the
325planners advisory committee. The planners advisory committee
326may, at the direction of the council, perform a professional
327planning review of the council staff recommendations that are to
328be acted upon by the council. The planners advisory committee
329may also include a representative from the planning departments
330maintained by the Pinellas County School Board, the PSTA, the
331DOT, and other agencies as the council may determine
332appropriate. In addition to the planners advisory committee, the
333council may appoint such other committees as it deems necessary,
334which may be comprised of either elected or nonelected
335officials. The committees provided for in this section may
336perform such other duties as assigned by the council but may not
337be involved in the administration or executive functions of the
338council.
339     (3)  The staff, as recognized in this act, shall prepare
340all plans or other documents that the council may direct under
341this act and shall assist any committee and the executive
342director in day-to-day activities. The staff shall be governed
343by such operating procedures as may be set forth by the council.
344     Section 8.  Budget, fiscal year, appropriations,
345contributions; annual audits and reports.-
346     (1)  The executive director of the council shall annually
347prepare the budget of the council. The budget shall be kept
348within the limit of funds annually available to the council, and
349each item in the budget shall be fully explained. The council
350shall approve and adopt the annual millage rate and budget, and
351all deliberations on the millage rate and budget by the council
352shall be done at meetings open to the public. The fiscal year of
353the council shall be the same as the fiscal year of the Board of
354County Commissioners of Pinellas County. Notwithstanding the
355above, the Board of County Commissioners of Pinellas County
356shall have the right to review the millage rate and budget,
357raising or reducing either as it deems necessary. In its review
358of the millage rate and budget, the board of county
359commissioners shall ensure that the council is funded, at a
360minimum, at a level that supports the council's powers and
361duties set forth in section 6.
362     (2)  The Tax Collector of Pinellas County shall remit
363directly to the council, from the total taxes collected from the
364millage certified by the Board of County Commissioners of
365Pinellas County for county purposes, an amount equal to the
366annual budget but not to exceed one-sixth of a mill on each
367dollar of the assessed valuation of taxable property made
368annually by the Property Appraiser of Pinellas County. The funds
369collected pursuant to this subsection shall only be expended for
370council purposes.
371     (3)  The council shall cause an annual independent audit to
372be performed, to be paid for by the council. The council shall
373also prepare an annual report on its activities as a whole.
374     Section 9.  Countywide planning authority of the board of
375county commissioners.-The Board of County Commissioners of
376Pinellas County is vested with countywide planning authority by
377section 2.04(s) of the Pinellas County Charter. Such authority
378is limited to the authority provided for in the county charter
379and as provided in this act.
380     Section 10.  Countywide plan repeal, readoption, and
381amendment.-
382     (1)  COUNTYWIDE PLAN AND RULES.-
383     (a)  The existing countywide plan is to be repealed and
384replaced by the adoption of a new, broadly defined, and policy-
385based countywide plan that conforms to the intent of this act.
386It is specifically intended that a new countywide plan provide
387for fewer land use categories than the existing countywide plan.
388The new countywide plan shall be prepared in collaboration with
389the member local governments pursuant to a process and timetable
390established by the council and countywide planning authority.
391Council staff shall use best efforts to develop a new countywide
392plan as expeditiously as possible. Before the adoption of a new
393countywide plan, the existing countywide plan shall remain in
394full force and effect.
395     (b)  An amendment to the countywide plan map may be
396initiated by the council only in order to implement the new
397countywide plan that conforms to the intent of this act.
398Pursuant to this one-time grant of authority which is intended
399to repeal and replace the existing countywide plan map, the
400council may initiate an amendment to the countywide plan map to
401place any new plan map categories designated under a new
402countywide plan on particular parcels of property, as
403applicable. Such amendment to the countywide plan map initiated
404by the council shall be sent to the local government with
405jurisdiction over the subject parcel for comment and review a
406minimum of 60 days before council action. The manner in which
407comment, review, and adoption by the local government, if
408applicable, shall take place shall be set forth in the
409countywide rules.
410     (c)  The recommendation to repeal and replace the existing
411countywide plan shall be by an affirmative vote of a majority of
412the voting members of the council. Any recommendation to
413subsequently amend the countywide plan shall be by an
414affirmative vote of a majority of the voting members present and
415constituting a quorum.
416     (d)  The countywide planning authority action to repeal and
417replace the existing countywide plan as recommended by the
418council shall be by a majority vote of the entire countywide
419planning authority. A majority vote of the members present and
420constituting a quorum of the countywide planning authority is
421required to make any subsequent amendment to the countywide plan
422as recommended for adoption by the council.
423     (e)  Upon adoption by the countywide planning authority,
424the countywide plan shall have the full force and effect of law
425countywide. All local governments' future land use plans and
426land development regulations shall be consistent with the
427countywide plan map and rules. The countywide planning authority
428shall have the authority to enforce the countywide plan map and
429rules.
430     (2)  CONSISTENCY REVIEW.-
431     (a)  As of the effective date of this act, it is
432acknowledged that the council has recently reviewed each local
433government's future land use plan and land development
434regulations for consistency with the existing countywide plan
435map and rules and has determined each such future land use plan
436and land development regulation to be consistent with the
437existing countywide plan map and rules or has outlined the
438actions necessary to establish such consistency. After a new
439countywide plan map and rules that conform to the intent of this
440act are adopted, it is specifically intended that the local
441governments' individual plans be made consistent with the new
442countywide plan map and rules, if necessary, either:
443     1.  Simultaneously with the next scheduled amendment, after
444the effective date of this act, of the local future land use
445plan and land development regulations pursuant to the Evaluation
446and Appraisal Report ("EAR"), as required for local plans under
447part II of chapter 163, Florida Statutes, and Rule 9J-42,
448Florida Administrative Code; or
449     2.  If the date provided in subparagraph 1. is less than 2
450years after the adoption of the revised countywide plan map and
451rules or is no longer applicable to the local government, within
4522 years after the adoption of the revised countywide plan map
453and rules.
454     (b)  Local governments' land use categories and
455corresponding regulations shall be considered to be consistent
456with the countywide plan map and rules if the local governments'
457land use categories provide for:
458     1.  Maximum densities and intensities that are equal to or
459less than the maximum densities and intensities provided by the
460corresponding countywide plan map categories as set forth in the
461rules.
462     2.  Some or all of the same permitted uses as enumerated in
463the corresponding countywide plan map categories.
464     3.  Such other standards, rules, or procedures contained in
465the countywide rules as are applicable.
466     (c)  If a local government's future land use plan and land
467development regulations have been determined to be consistent
468with the countywide plan map and rules, the local future land
469use plan and land development regulations shall regulate
470development for the subject property.
471     (d)  It is the intent of this act that land uses, lots, and
472structures existing on the effective date of this act that may
473be rendered nonconforming by the adoption of a new countywide
474plan shall be permitted to continue until such nonconformities
475are removed or ceased. Such nonconformities shall be
476administered by the local government with jurisdiction.
477     (3)  COUNTYWIDE PLAN MAP AMENDMENTS.-
478     (a)  Amendments to the adopted countywide plan map relating
479to a land use designation for a particular parcel of property
480may be initiated by the local government that has jurisdiction
481over the subject property. Amendments to any standard, policy,
482or objective of the countywide plan strategies or the rules may
483be initiated by the council or any local government.
484     (b)  The council shall have 60 days after the day an
485application is filed with the council to act on that amendment
486and forward the recommendation to the countywide planning
487authority. Action by the council may include recommendation for
488approval, denial, continuation, or an alternative compromise
489amendment, any of which shall constitute action by the council
490within the stipulated 60-day period. Provision for the council
491to make a recommendation for an alternative compromise amendment
492shall be as approved and set forth in the rules.
493     (c)  All amendments shall be transmitted to the countywide
494planning authority with a recommendation by the council. A vote
495of a majority plus one of the entire countywide planning
496authority is required to take any action on the proposed
497amendment that is contrary to the council's recommendation. A
498recommendation shall be received by the countywide planning
499authority before it takes action on an amendment.
500     (d)  After action by the countywide planning authority, any
501substantially affected person, the council, or the local
502government that initiated the plan amendment may seek a hearing
503pursuant to chapter 120, Florida Statutes. Any substantially
504affected person may participate in the hearing. At the
505conclusion of the hearing, the hearing officer's recommended
506order shall be forwarded to and considered by the countywide
507planning authority in a final hearing. The basis for the
508countywide planning authority's final decision approving or
509denying the proposed amendment is limited to the findings of
510fact of the hearing officer. This paragraph shall only apply to
511amendments to the countywide plan map.
512     (e)  The council may contract with the Division of
513Administrative Hearings to provide the hearing officers required
514by this act. The council shall be responsible for compensating
515the division for costs incurred by the division in the hearing
516process. Except as provided in paragraph (d), the council and
517the countywide planning authority are not subject to chapter
518120, Florida Statutes.
519     (f)  An administrative hearing under paragraph (d) is
520limited to a review of the facts pertaining to the subject
521property, the countywide plan map, and the rules applicable
522thereto. An administrative hearing is not the appropriate forum
523for a constitutional challenge.
524     (g)  Decisions by the countywide planning authority, acting
525in its capacity under this act, are legislative in nature.
526Decisions made by the countywide planning authority may be
527challenged in a court of competent jurisdiction.
528     Section 11.  Public hearing and notice requirements.-
529     (1)  PUBLIC HEARING BEFORE THE COUNCIL.-The council shall
530hold at least one public hearing to consider recommending the
531adoption of or an amendment to the countywide plan. More than
532one public hearing may be held at the discretion of the council.
533The location of public hearings shall be determined by the
534council.
535     (2)  PUBLIC HEARING BEFORE THE COUNTYWIDE PLANNING
536AUTHORITY.-An ordinance adopted by the countywide planning
537authority that adopts or amends the provisions of the countywide
538plan shall be enacted or amended pursuant to the following
539procedure:
540     (a)  For an amendment to the adopted countywide plan map
541relating to property involving less than 5 percent of the area
542of the county, the countywide planning authority shall hold a
543public hearing on the proposed ordinance.
544     (b)  For an adoption of or amendment to the countywide plan
545strategies or the countywide rules, for an amendment to the
546adopted countywide plan map relating to the change in a land use
547designation for property involving 5 percent or more of the area
548of the county, or for an adoption of the countywide plan map
549initiated by the council pursuant to section 10(1)(b), the
550countywide planning authority shall hold two advertised public
551hearings on the proposed ordinance. At least one of the hearings
552shall be held after 5 p.m. on a weekday, and the second hearing
553shall be held at least 2 weeks after the first hearing.
554     (3)  FORM OF NOTICE.-Notice shall be provided for in
555accordance with applicable Florida law and as provided for in
556the rules.
557     Section 12.  Severability.-It is declared to be the intent
558of the Legislature that if any section, subsection, sentence,
559clause, or provision of this act is held invalid by any court of
560competent jurisdiction, the remainder of the act shall not be
561affected.
562     Section 13.  Part II of chapter 163, Florida Statutes.-
563Nothing in this act shall be construed to allow the county or
564any municipality in the county to adopt a local government
565comprehensive plan required by part II of chapter 163, Florida
566Statutes, or any amendment to such plan, that does not comply
567with part II of chapter 163, Florida Statutes, or any applicable
568rule or regulation adopted by the Department of Community
569Affairs to implement part II of chapter 163, Florida Statutes.
570In addition, nothing in this act shall be construed to allow any
571development order, as defined in section 163.3164, Florida
572Statutes, to be issued by the county or any municipality in the
573county that is not consistent with the plans adopted pursuant to
574part II of chapter 163, Florida Statutes, and any applicable
575rule or regulation adopted by the Department of Community
576Affairs to implement part II of chapter 163, Florida Statutes.
577     Section 4.  Chapters 73-594, 74-584, 74-586, 76-473, 88-
578464, and 90-396, Laws of Florida, are repealed.
579     Section 5.  This act shall take effect upon becoming a law
580or upon the final approval of the Pinellas County Metropolitan
581Planning Organization's reapportionment plan increasing its
582membership from 11 to 13 members ("the MPO reapportionment
583plan"), whichever occurs later. The terms of the existing
584members of the Pinellas Planning Council shall continue until
585the MPO reapportionment plan becomes effective and the new
586members are appointed to the council.


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