HOUSE AMENDMENT
                                                  Bill No. HB 1929
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  The Council for Competitive Commerce offered the following:
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13         Amendment 
14         On page 39, line 13, through page 44, line 3,
15  remove from the bill:  all of said lines
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17  and insert in lieu thereof:  
18         (1)  Any aggrieved or adversely affected party may
19  maintain an action for declaratory and injunctive or other
20  relief against any local government to challenge any decision
21  of local government granting or denying an application for, or
22  to prevent such local government from taking any action on a
23  development order, as defined in s. 163.3164, which materially
24  alters the use or density or intensity of use on a particular
25  piece of property t hat is not consistent with the
26  comprehensive plan adopted under this part.  Such action shall
27  be filed no later than 30 days following rendition of a
28  development order or other written decision, or when all local
29  administrative appeals, if any, are exhausted, whichever is
30  later.
31         (2)  "Aggrieved or adversely affected party" means any
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    File original & 9 copies    04/24/01                          
    hec0002                     11:14 am         01929-ccc -944017

HOUSE AMENDMENT Bill No. HB 1929 Amendment No. ___ (for drafter's use only) 1 person or local government which will suffer an adverse effect 2 to an interest protected or furthered by the local government 3 comprehensive plan, including interests related to health and 4 safety, police and fire protection service systems, densities 5 or intensities of development, transportation facilities, 6 health care facilities, equipment or services, or 7 environmental or natural resources. The alleged adverse 8 interest may be shared in common with other members of the 9 community at large, but shall exceed in degree the general 10 interest in community good shared by all persons. The term 11 shall include the owner, developer or applicant for a 12 development order. 13 (3)(a) No suit may be maintained under this section 14 challenging the approval or denial of a zoning, rezoning, 15 planned unit development, variance, special exception, 16 conditional use, or other development order granted prior to 17 October 1, 1985, or applied for prior to July 1, 1985. 18 (b) Suit under subsections (1) or (4) this section 19 shall be the sole action available to challenge the 20 consistency of a development order with a comprehensive plan 21 adopted under this part. The local government that issues 22 that development order shall be named as the respondent. 23 (4) As a condition precedent to the institution of an 24 action pursuant to this section, the complaining party shall 25 first file a verified complaint with the local government 26 whose actions are complained of setting forth the facts upon 27 which the complaint is based and the relief sought by the 28 complaining party. The verified complaint shall be filed no 29 later than 30 days after the alleged inconsistent action has 30 been taken. The local government receiving the complaint 31 shall respond within 30 days after receipt of the complaint. 2 File original & 9 copies 04/24/01 hec0002 11:14 am 01929-ccc -944017
HOUSE AMENDMENT Bill No. HB 1929 Amendment No. ___ (for drafter's use only) 1 Thereafter, the complaining party may institute the action 2 authorized in this section. However, the action shall be 3 instituted no later than 30 days after the expiration of the 4 30-day period which the local government has to take 5 appropriate action. Failure to comply with this subsection 6 shall not bar an action for a temporary restraining order to 7 prevent immediate and irreparable harm from the actions 8 complained of. If a local government elects to adopt or has 9 adopted an ordinance establishing, at a minimum, the 10 requirements listed in this subsection, then the sole action 11 for an aggrieved and adversely affected party to challenge 12 consistency of a development order with the comprehensive plan 13 shall be by a petition for certiorari filed in circuit court 14 no later than 30 days following rendition of a development 15 order or other written decision of the local government, or 16 when all local administrative appeals, if any, are exhausted, 17 whichever is later. An action for injunctive or other relief 18 may be joined with the petition for certiorari. Principles of 19 judicial and administrative res judicata and collateral 20 estoppel shall apply to these proceedings. Minimum components 21 of the local process shall be as follows: 22 (a) Notice by publication and by mailed notice to all 23 abutting property owners within 10 days of the filing of an 24 application for development review, provided that notice under 25 this subsection shall not be required for an application for a 26 building permit. The notice must delineate that aggrieved or 27 adversely affected persons have the right to request a 28 quasi-judicial hearing, that the request need not be a formal 29 petition or complaint, how to initiate the quasi-judicial 30 process and the time-frames for initiating the process. The 31 local government shall include an opportunity for an 3 File original & 9 copies 04/24/01 hec0002 11:14 am 01929-ccc -944017
HOUSE AMENDMENT Bill No. HB 1929 Amendment No. ___ (for drafter's use only) 1 alternative dispute resolution process and may include a stay 2 of the formal quasi-judicial hearing for this purpose. 3 (b) A point of entry into the process consisting of a 4 written preliminary decision, at a time and in a manner to be 5 established in the local ordinance, with the time to request a 6 quasi-judicial hearing running from the written preliminary 7 decision; provided that the local government is not bound by 8 the preliminary decision; provided that the local government 9 is not bound by the preliminary decision. A party may request 10 a hearing to challenge or support a preliminary decision. 11 (c) An opportunity to participate in the process for 12 an aggrieved or adversely affected party which provides a 13 reasonable time to prepare and present a case for a 14 quasi-judicial hearing. 15 (d) An opportunity for reasonable discovery prior to a 16 quasi-judicial hearing. 17 (e) A quasi-judicial hearing before an independent 18 special master who shall be an attorney with at least five 19 years experience and who shall, at the conclusion of the 20 hearing, recommend written findings of fact and conclusions of 21 law. 22 (f) At the quasi-judicial hearing all parties shall 23 have the opportunity to respond, present evidence and argument 24 on all issues involved that are related to the development 25 order and to conduct cross-examination and submit rebuttal 26 evidence. 27 (g) The standard of review applied by the special 28 master shall be strict scrutiny in accordance with Florida 29 law. 30 (h) A duly noticed public hearing before the local 31 government at which public testimony shall be allowed. At the 4 File original & 9 copies 04/24/01 hec0002 11:14 am 01929-ccc -944017
HOUSE AMENDMENT Bill No. HB 1929 Amendment No. ___ (for drafter's use only) 1 hearing the local government shall be bound by the special 2 master's findings of fact unless the findings of fact are not 3 supported by competent substantial evidence. The governing 4 body may modify the conclusions of law if it finds that the 5 special master's application or interpretation of law is 6 erroneous. The governing body may make reasonable 7 interpretations of its comprehensive plan and land development 8 regulations without regard to whether the special master's 9 interpretation is labeled as a finding of fact or a conclusion 10 of law. The local government's final decision shall be 11 reduced to writing, including the findings of fact and 12 conclusions of law, and shall not be considered rendered or 13 final until officially date stamped by the city or county 14 clerk. 15 (i) No ex parte communication relating to the merits 16 of the matter under review shall be made to the special 17 master. No ex parte communication relating to the merits of 18 the matter under review shall be made to the governing body 19 after a time to be established by the local ordinance, but no 20 later than receipt of the recommended order by the governing 21 body. 22 (j) At the option of the local government this 23 ordinance may require actions to challenge the consistency of 24 a development order with land development regulations to be 25 brought in the same proceeding. 26 (k) Authority by the special master to issue and 27 enforce subpoenas and compel entry upon land. 28 (5) Venue in any cases brought under this section 29 shall lie in the county or counties where the actions or 30 inactions giving rise to the cause of action are alleged to 31 have occurred. 5 File original & 9 copies 04/24/01 hec0002 11:14 am 01929-ccc -944017
HOUSE AMENDMENT Bill No. HB 1929 Amendment No. ___ (for drafter's use only) 1 (6) The signature of an attorney or party constitutes 2 a certificate that he or she has read the pleading, motion, or 3 other paper and that, to the best of his or her knowledge, 4 information, and belief formed after reasonable inquiry, it is 5 not interposed for any improper purpose, such as to harass or 6 to cause unnecessary delay or for economic advantage, 7 competitive reasons or frivolous purposes or needless increase 8 in the cost of litigation. If a pleading, motion, or other 9 paper is signed in violation of these requirements, the court, 10 upon motion or its own initiative, shall impose upon the 11 person who signed it, a represented party, or both, an 12 appropriate sanction, which may include an order to pay to the 13 other party or parties the amount of reasonable expenses 14 incurred because of the filing of the pleading, motion, or 15 other paper, including a reasonable attorney's fee. 16 (7) In any suit action under subsections (1) or (4) 17 this section, no settlement shall be entered into by the local 18 government unless the terms of the settlement have been the 19 subject of a public hearing after notice as required by this 20 part. 21 (8) In any suit under this section, the Department of 22 Legal Affairs may intervene to represent the interests of the 23 state. 24 (9) Nothing in this section shall be construed to 25 relieve the local government of its obligations to hold public 26 hearings as required by law. 27 28 29 30 31 6 File original & 9 copies 04/24/01 hec0002 11:14 am 01929-ccc -944017