September 29, 2020
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Senate Bill 0162

Senate Bill sb0162er

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


    ENROLLED

    2004 Legislature           CS for CS for SB 162, 2nd Engrossed



  1                                 

  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; providing an effective date.

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

13  

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

15  163.3167, Florida Statutes, to read:

16         163.3167  Scope of act.--

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

18  order pursuant to its adopted land development regulations and

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

20  timeframe for filing an appeal has expired, the development

21  order may not be invalidated by a subsequent judicial

22  determination that such land development regulations, or any

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

24  invalid because of a deficiency in the approval standards.

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

26  timely institution of any other remedy available at law or

27  equity, including a common law writ of certiorari proceeding

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

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

30  applicable.

31  


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




    ENROLLED

    2004 Legislature           CS for CS for SB 162, 2nd Engrossed



 1         (c)  This subsection applies retroactively to any

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

 3         Section 2.  This act shall take effect upon becoming a

 4  law.

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

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