September 22, 2020
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Senate Bill 0162

Senate Bill sb0162e1

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    CS for CS for SB 162                           First Engrossed



  1                      A bill to be entitled

  2         An act relating to local government; amending

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

  4         judicial determinations concerning certain

  5         development orders pursuant to adopted land

  6         development regulations under the Local

  7         Government Comprehensive Planning and Land

  8         Development Regulation Act; providing an

  9         exception; providing for retroactive

10         application; amending s. 163.3174, F.S.;

11         allowing municipalities in highly populated

12         urban charter counties with a population

13         greater than a specified number to have the

14         option to exercise exclusive land use planning

15         authority, including over the unincorporated

16         area of the county; providing that the land use

17         authority includes platting, zoning, and the

18         adoption and amendment of comprehensive plan;

19         requiring the municipality to adopt a

20         resolution approving the exercise of exclusive

21         land use planning authority and to submit to a

22         ballot question to the electorate; providing an

23         effective date.

24  

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

26  

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

28  163.3167, Florida Statutes, to read:

29         163.3167  Scope of act.--

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

31  order pursuant to its adopted land development regulations and


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    CS for CS for SB 162                           First Engrossed



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

 2  timeframe for filing an appeal has expired, the development

 3  order may not be invalidated by a subsequent judicial

 4  determination that such land development regulations, or any

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

 6  invalid because of a deficiency in the approval standards.

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

 8  timely institution of any other remedy available at law or

 9  equity, including a common law writ of certiorari proceeding

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

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

12  applicable.

13         (c)  This subsection applies retroactively to any

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

15         Section 2.  Paragraphs (c) and (d) are added to

16  subsection (1) of section 163.3174, Florida Statutes, to read:

17         163.3174  Local planning agency.--

18         (1)  The governing body of each local government,

19  individually or in combination as provided in s. 163.3171,

20  shall designate and by ordinance establish a "local planning

21  agency," unless the agency is otherwise established by law.

22  Notwithstanding any special act to the contrary, all local

23  planning agencies or equivalent agencies that first review

24  rezoning and comprehensive plan amendments in each

25  municipality and county shall include a representative of the

26  school district appointed by the school board as a nonvoting

27  member of the local planning agency or equivalent agency to

28  attend those meetings at which the agency considers

29  comprehensive plan amendments and rezonings that would, if

30  approved, increase residential density on the property that is

31  the subject of the application. However, this subsection does


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    CS for CS for SB 162                           First Engrossed



 1  not prevent the governing body of the local government from

 2  granting voting status to the school board member. The

 3  governing body may designate itself as the local planning

 4  agency pursuant to this subsection with the addition of a

 5  nonvoting school board representative. The governing body

 6  shall notify the state land planning agency of the

 7  establishment of its local planning agency. All local planning

 8  agencies shall provide opportunities for involvement by

 9  applicable community college boards, which may be accomplished

10  by formal representation, membership on technical advisory

11  committees, or other appropriate means. The local planning

12  agency shall prepare the comprehensive plan or plan amendment

13  after hearings to be held after public notice and shall make

14  recommendations to the governing body regarding the adoption

15  or amendment of the plan. The agency may be a local planning

16  commission, the planning department of the local government,

17  or other instrumentality, including a countywide planning

18  entity established by special act or a council of local

19  government officials created pursuant to s. 163.02, provided

20  the composition of the council is fairly representative of all

21  the governing bodies in the county or planning area; however:

22         (a)  If a joint planning entity is in existence on the

23  effective date of this act which authorizes the governing

24  bodies to adopt and enforce a land use plan effective

25  throughout the joint planning area, that entity shall be the

26  agency for those local governments until such time as the

27  authority of the joint planning entity is modified by law.

28         (b)  In the case of chartered counties, the planning

29  responsibility between the county and the several

30  municipalities therein shall be as stipulated in the charter.

31  


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    CS for CS for SB 162                           First Engrossed



 1         (c)  In recognition of the need to allow municipalities

 2  in highly populated urban counties in which most of the

 3  population of the county is located within municipalities to

 4  address land use planning issues on a municipal basis, in

 5  charter counties that have populations greater than 1.5

 6  million people and have less than 10 percent of the countywide

 7  population within the unincorporated area of the county, the

 8  municipalities within such counties shall, except as otherwise

 9  expressly provided in this paragraph, have the option to

10  exercise exclusive land use planning authority. This exclusive

11  land use planning authority includes, platting, zoning, the

12  adoption and amendment of comprehensive plans in accordance

13  with this act and the issuance of development orders for the

14  area under municipal jurisdiction. the exercise of this option

15  shall require the municipality to adopt a resolution approving

16  the exercise of exclusive land use planning authority and

17  submit to the electorate of the municipality a ballot question

18  which states, "Shall the (Name of Municipality) exercise

19  exclusive land use planning authority within (Name of

20  Municipality) for platting, zoning, the adoption and amendment

21  of comprehensive plans and the issuance of development order".

22  If the ballot question is approved by a majority of those

23  casting a vote on the question, the municipality shall have

24  exclusive land use planning authority effective ninety (90)

25  days following voter approval. Municipalities whose land use

26  planning authority becomes exclusive pursuant to this

27  paragraph may amend their comprehensive plans one additional

28  time in the year in which its land use planning authority

29  becomes exclusive or in the following year, without regard to

30  the twice-a-year restriction in s. 163.3187(1), to provide for

31  amendments the municipality determines to be necessary or


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    CS for CS for SB 162                           First Engrossed



 1  appropriate for the transition. Development orders issued by a

 2  charter county within a municipality prior to the municipality

 3  assuming exclusive land use planning authority shall remain

 4  valid for the effective period of the development order unless

 5  an application for an amendment to the development order is

 6  approved by the municipality in accordance with the procedures

 7  of the municipality for amending development orders. This

 8  paragraph does not affect the authority of a charter county

 9  subject to this paragraph to adopt and enforce countywide

10  impact fees. Effective upon a municipality obtaining exclusive

11  land use planning authority pursuant to this provision, the

12  level of service for county facilities in the municipalities

13  shall be the level of service that was applied by the county

14  on the date that the municipality adopted the resolution

15  approving the exercise of exclusive land use planning

16  authority and submitting the ballot question to the electorate

17  of the municipality. In order for any future change in level

18  of service for county facilities to become effective within a

19  municipality that obtains exclusive land use planning

20  authority pursuant to this provision, the change in the level

21  of service shall require the approval of both the affected

22  municipality and the county, as evidenced by both the

23  municipality and county adopting the amended level of service

24  for the county facilities into their respective comprehensive

25  plans. In municipalities that obtain exclusive land use

26  planning authority, the county shall, if requested by the

27  municipality, and upon the payment of a reasonable fee, review

28  and advise the municipality as to whether proposed mitigation

29  of traffic impacts that are to be provided by improvements to

30  county roadways meet the county's permit criteria for

31  improvements to county roadways. Nothing in this paragraph


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    CS for CS for SB 162                           First Engrossed



 1  shall be interpreted to affect a county's permit authority

 2  with respect to county roadways. This paragraph applies

 3  notwithstanding any other law.

 4         (d)  A charter county that is not subject to paragraph

 5  (c) may exercise such authority over municipalities and

 6  districts within its boundaries as is provided for in its

 7  charter.

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

 9  law.

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