October 21, 2019
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       Florida Senate - 2010                                    SB 2452
       
       
       
       By Senator Bennett
       
       
       
       
       21-01721-10                                           20102452__
    1                        A bill to be entitled                      
    2         An act relating to growth management; specifying
    3         continuing validity and effect of certain exemptions,
    4         2-year extensions, local comprehensive plan
    5         amendments, and land development regulations granted
    6         or adopted prior to a certain judicial declaration of
    7         invalidity; specifying prospective operation of a
    8         certain judicial declaration of invalidity; providing
    9         for retroactive operation; providing an effective
   10         date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. (1) Notwithstanding any final declaration by a
   15  court of this state that chapter 2009-96, Laws of Florida, or
   16  any portion of such law is invalid, if, prior to a such final
   17  judicial declaration of invalidity:
   18         (a) An exemption is granted for any project or portion of a
   19  project for which a development application has been approved or
   20  for which a complete application or rescission request is
   21  pending and the application or rescission process is continuing
   22  in good faith within a development that is located within an
   23  area that qualifies for an exemption under s. 380.06, Florida
   24  Statutes, as amended by chapter 2009-96, Laws of Florida, such
   25  exemption shall be valid and continue in effect.
   26         (b) Any 2-year extension is granted pursuant to section 14
   27  of chapter 2009-96, Laws of Florida, such extension shall remain
   28  valid.
   29         (c) Any amendment to a local comprehensive plan is
   30  transmitted for state review pursuant to s. 163.3184, Florida
   31  Statutes, as amended by chapter 2009-96, Laws of Florida, or any
   32  land development regulation is adopted to authorize and
   33  implement a transportation concurrency exception area pursuant
   34  to s. 163.3180, Florida Statutes, as amended by chapter 2009-96,
   35  Laws of Florida, such amendment or land development regulation
   36  shall not be affected by such final judicial declaration of
   37  invalidity.
   38         (2) Any such declaration of invalidity shall operate only
   39  prospectively from the date of the declaration as to the
   40  provisions of subsection (1).
   41         Section 2. This act shall take effect upon becoming a law,
   42  and shall operate retroactively to June 1, 2009.

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