HB 1041

1
A bill to be entitled
2An act relating to the Pinellas Planning Council, Pinellas
3County; codifying, amending, reenacting, and repealing
4special acts relating to the district; reorganizing the
5council; setting forth the purpose of the council;
6providing legislative intent that the countywide plan be
7broadly defined and policy-based; providing that the
8primary focus of the council will be land use and
9transportation planning; providing definitions; providing
10that the membership of the council shall be the same as
11that of the Pinellas County Metropolitan Planning
12Organization; providing for the election of officers,
13meetings of the council, requirements of a quorum, and
14member expenses; providing for the powers and duties of
15the council, including revising the required components of
16the countywide plan, consistent with the stated
17legislative intent; providing for countywide staff and
18committees; providing for a budget and annual independent
19audit; recognizing the countywide planning authority of
20the Pinellas County Board of County Commissioners as
21provided by the Pinellas County Charter; providing for the
22repeal of the existing countywide plan, adoption of a new
23countywide plan, future amendment of the plan, and
24standards and procedures for such actions; providing a
25timetable for consistency review after adoption of a new
26countywide plan; providing for public hearing and notice
27requirements; requiring the authority to adopt specific
28notice standards in the countywide rules; providing for
29compliance with part II of chapter 163, Florida Statutes;
30repealing chapters 73-594, 74-584, 74-586, 76-473, 88-464,
31and 90-396, Laws of Florida; providing an effective date.
32
33     WHEREAS, Pinellas County is approaching a built-out
34condition, and planned redevelopment of the built environment is
35critical to maintaining and improving the countywide economy and
36quality of life, and
37     WHEREAS, given the land constraints within the county, it
38is recognized that countywide traffic issues cannot be solved by
39road building alone, but must be addressed through a multimodal
40transportation system, and
41     WHEREAS, with the Legislature's creation of the Tampa Bay
42Area Regional Transportation Authority ("TBARTA") in 2007, the
43provision of enhanced public transit within the county has
44become a high transportation planning priority, and
45     WHEREAS, land use patterns are a critical factor in
46determining whether multimodal transportation, particularly
47transit, is functional and effective, and
48     WHEREAS, transportation and land use planning do not exist
49independently, but have a relationship in which each influences
50the other, and
51     WHEREAS, both the Updated Countywide Plan for Pinellas
52County and Pinellas by Design: An Economic Development and
53Redevelopment Plan for the Pinellas Community contain planning
54strategies that call for increased coordination of the land use
55and transportation planning activities of the Pinellas Planning
56Council ("PPC") and the Metropolitan Planning Organization
57("MPO"), and
58     WHEREAS, a Joint Land Use and Transportation Committee
59("committee"), consisting of three representatives from the PPC,
60three representatives from the Board of County Commissioners
61(BCC), and three representatives from the MPO, was convened in
62April 2010 to study the potential of integrating transportation
63and future land use planning at the countywide level, and
64     WHEREAS, the committee has recommended that the MPO and PPC
65functions be more closely aligned on transportation and land use
66issues to create a more streamlined and integrated process,
67which should identify and eliminate any redundancies,
68disconnects, or inefficiencies in the current system, and
69     WHEREAS, the committee recommended that this integrated
70process include a new Countywide Future Land Use Plan, which
71establishes a broad, forward-looking land use planning
72framework, incorporates and guides multimodal transportation
73planning, and allows sufficient flexibility to accommodate the
74redevelopment needs of local communities, and
75     WHEREAS, the committee determined that the most effective
76way to accomplish these goals would be to unify the membership
77of the boards of the MPO and the PPC into a single board that
78would be empowered to carry out the functions of both the MPO
79and the PPC, and
80     WHEREAS, it is the recommendation of the committee that the
81new unified board should continue to consist of elected
82officials and ensure adequate representation for all local
83governments within Pinellas County, recognizing that the
84Pinellas Suncoast Transportation Authority ("PSTA") will also
85have a seat on the new board, and
86     WHEREAS, it was the consensus of the committee that the new
87unified board be supported by an independent executive director
88who serves in that capacity exclusively, with staff chosen by
89that independent director, but with priority given to current
90employees of the PPC and MPO, and
91     WHEREAS, the establishment of the new unified board will
92require reapportionment of the MPO membership, which must be
93done in conformance with section 339.175, Florida Statutes, and
94     WHEREAS, the establishment of the new unified board will
95require an amendment to and reenactment of the PPC's charter,
96NOW, THEREFORE,
97
98Be It Enacted by the Legislature of the State of Florida:
99
100     Section 1.  (1)  The reenactment of existing law in this
101act shall not be construed as a grant of additional authority to
102or supersede the authority of any entity pursuant to law.
103Exceptions to law contained in any special act that are
104reenacted pursuant to this act shall continue to apply.
105     (2)  The reenactment of existing law in this act shall not
106be construed to modify, amend, or alter any covenants,
107contracts, or other obligations of the district with respect to
108bonded indebtedness. Nothing pertaining to the reenactment of
109existing law in this act shall be construed to affect the
110ability of the district to levy and collect taxes, assessments,
111fees, or charges for the purpose of redeeming or servicing
112bonded indebtedness of the district.
113     Section 2.  Chapters 73-594, 74-584, 74-586, 76-473, 88-
114464, and 90-396, Laws of Florida, are amended, codified,
115reenacted, and repealed as provided in this act.
116     Section 3.  The charter for the Pinellas Planning Council,
117Pinellas County, a dependent special district, is re-created and
118reenacted to read:
119     Section 1.  County planning council created.-There
120is hereby created a countywide planning and coordinating
121council to be known as the "Pinellas Planning Council,"
122hereinafter referred to as the "council." The council
123shall have common membership and function as a single,
124unified board with the Pinellas County Metropolitan
125Planning Organization ("MPO").
126     Section 2.  Purpose of council; legislative intent.-
127     (1)  The Legislature recognizes the social and economic
128interdependence of the people residing within Pinellas County
129and the common interest they share in its future development.
130The Legislature recognizes the value of considering land use and
131transportation planning issues concurrently and of coordinating
132and implementing land use and transportation planning functions
133in an integrated manner. The Legislature also recognizes that
134individual plans and decisions heretofore made by local
135governments within the county have affected the welfare of the
136entire county as well as neighboring jurisdictions, and,
137therefore, the Legislature intends that the purpose of this act
138is to provide for:
139     (a)  The formulation and execution by the council of the
140strategies necessary for the orderly growth, development, and
141environmental protection of Pinellas County as a whole, with the
142focus on those issues deemed to have an impact countywide.
143     (b)  The coordination by the council of planning and
144development in Pinellas County with regional planning objectives
145in the Tampa Bay area as developed by such entities as the MPO,
146the Tampa Bay Regional Planning Council, the Tampa Bay Area
147Regional Transportation Authority ("TBARTA"), the Pinellas
148Suncoast Transit Authority ("PSTA"), the Department of
149Transportation ("DOT"), and the Department of Community Affairs
150("DCA").
151     (2)  The Legislature further recognizes that the future of
152Pinellas County, its permanent residents, and the millions of
153tourists who annually visit the county is dependent upon the way
154the natural resources of land, air, and water are protected and
155impacted by the built environment and through the use and reuse
156of land to accommodate the urban development and redevelopment
157pattern, the transportation system that serves it, and other
158development activities that are guided by the countywide
159planning function.
160     (3)  The Legislature intends for the development of a
161broadly defined, policy-based countywide plan that will focus on
162countywide issues related to future land use, transportation,
163and intergovernmental coordination.
164     (4)  The Legislature further intends that this act provide
165for the coordination by the council of the transportation
166planning functions undertaken by the MPO with the council's land
167use planning functions, as expressed in this act, in a manner
168that more fully integrates these two functions in a
169complementary manner, as well as a means for the integration of
170the membership of the boards of the council and MPO, such that a
171single, unified board shall perform the functions of both the
172council and the MPO.
173     Section 3.  Definitions.-As used in this act, the term:
174     (1)  "Countywide plan" means materials in such descriptive
175form, written or graphic, as may be appropriate to the
176prescription of strategies for the orderly and balanced future
177development of Pinellas County. The countywide plan is comprised
178of the countywide plan strategies, the countywide plan map, and
179the countywide rules in section 6(7).
180     (2)  "Countywide plan map" means the future land use map
181that designates general categories of land use by type and
182location to guide the future development pattern and use of land
183throughout the county.
184     (3)  "Countywide plan strategies" means an overarching set
185of policies that identify and set forth a plan of action to
186address those components set forth in section 6(7) and that are
187collectively used to administer and guide interpretation of the
188countywide plan map and countywide rules.
189     (4)  "Countywide planning authority" means the board of
190county commissioners, acting in its capacity as the countywide
191planning authority, through the exercise of its power under
192section 2.04(s) of the Pinellas County Charter.
193     (5)  "Countywide rules" and the "rules" mean those rules,
194standards, and procedures that will implement the countywide
195plan as provided in section 6(7).
196     (6)  "Existing countywide plan" means and refers to that
197countywide plan, inclusive of the countywide plan strategies,
198countywide plan map, and countywide rules as adopted by Pinellas
199County Ordinance 89-4, as amended.
200     (7)  "Land development regulation" means an ordinance
201enacted by a local government for the regulation of any aspect
202of development and includes any local government zoning,
203rezoning, subdivision, or building construction regulation or
204any other regulation controlling the development of land.
205     (8)  "Local government" means Pinellas County or any
206municipality within the county.
207     Section 4.  Membership of council.-The council shall be
208composed of the voting membership of the Pinellas County
209Metropolitan Planning Organization. The terms of office and
210appointments to fill vacancies shall be consistent with Florida
211law governing the MPO.
212     Section 5.  Officers; meetings; records; quorum; expenses.-
213     (1)  The council shall elect one of its members as
214chairperson, one of its members as vice chairperson, one of its
215members as treasurer, and one of its members as secretary, each
216of whom shall serve for the year or until a successor is
217elected. No person elected chairperson shall serve more than 2
218consecutive years in that capacity. Election of officers shall
219be conducted in concert with the MPO, as provided by Florida law
220governing the MPO.
221     (2)  The council may meet at least once each month, at such
222place and at such other times in special session as the council,
223by a majority vote, shall determine, and at any other time at
224the call of the chairperson. The council shall adopt, by an
225affirmative vote of a majority of the voting members of the
226council, operating procedures for the transaction of business
227and keep a record of its transactions, resolutions, findings,
228determinations, recommendations, and orders, which record shall
229be a public record. Subsequent amendment of the operating
230procedures shall be by an affirmative vote of a majority of the
231members present and constituting a quorum.
232     (3)  At all meetings of the council, a quorum shall consist
233of a simple majority of the full voting membership. No official
234business of the council may be transacted unless a quorum is
235present. No vacancy in the council shall impair the right of a
236quorum of the council to exercise all the rights and perform all
237the duties of the council. Except as otherwise provided in this
238act, all actions of the council shall be by a majority vote of
239those members present.
240     (4)  Members of the council shall be entitled to receive
241from the council their traveling and other necessary expenses
242incurred in connection with the business of the council, as
243provided by law, but they shall draw no salaries or other
244compensation.
245     Section 6.  Powers and duties.-In the performance of its
246duties and in the execution of its functions under this act, the
247council has and shall exercise the following powers and duties:
248     (1)  To maintain a permanent office at the place or places
249within Pinellas County as it may designate. Additional
250suboffices may be maintained at such place or places within
251Pinellas County as it may designate.
252     (2)  To employ and to compensate such personnel,
253consultants, and technical and professional assistance as it may
254deem necessary.
255     (3)  To make and enter into contracts and agreements.
256     (4)  To hold public hearings and sponsor public forums.
257     (5)  To sue and to be sued in its own name.
258     (6)  To contract with, accept and expend funds and grants
259from, and accept and use services from:
260     (a)  The Federal Government or any agency thereof.
261     (b)  The state government or any agency thereof.
262     (c)  The county government or any agency thereof, including
263the district school board.
264     (d)  The several municipalities in Pinellas County or any
265agencies thereof.
266     (e)  The Tampa Bay Regional Planning Council and other
267governmental agencies.
268     (f)  Civic groups and nonprofit agencies.
269     (7)  To develop for countywide planning authority approval
270a countywide plan that shall be broadly defined, policy-based,
271and focused on countywide issues and that shall include:
272     (a)  The countywide plan map.
273     (b)  The countywide rules, which shall establish parameters
274that will be used to determine whether local governments' future
275land use plans and land development regulations are consistent
276with the countywide plan map and rules. Each land use category
277shall, at a minimum, be defined in terms of the types of uses
278included and specific standards for the density or intensity of
279use.
280     (c)  The countywide plan strategies, which shall provide
281policy guidance for the countywide plan map and rules and which
282shall include:
283     1.  A countywide future land use component that supports a
284countywide managed growth perspective.
285     2.  A countywide transportation component that supports
286mass transit and other transportation facilities and that
287recognizes the responsibilities of the MPO as defined by law and
288joint agreement.
289     3.  A countywide intergovernmental coordination component
290that supports enhanced integration of local government land use
291and transportation planning.
292     4.  Any other component determined by the council and the
293countywide planning authority to be necessary to establish
294effective countywide planning in furtherance of the intent of
295this act.
296     (8)  To coordinate countywide growth management issues and
297procedures consistent with this act.
298     (9)  To review the countywide plan with the local
299governments in order to ensure coordination with local goals and
300policies, identify specific countywide growth management problem
301areas, and work collaboratively with local governments towards
302solutions to those identified problems.
303     (10)  When processing amendments to the countywide plan
304map, to consider the countywide plan strategies and the
305countywide rules.
306     (11)  To conduct a strategic planning session with the
307countywide planning authority on an annual basis or at such
308other intervals as the council and countywide planning authority
309shall agree upon.
310     Section 7.  Countywide staff and committees.-
311     (1)  Pursuant to section 6(2), the council shall appoint an
312independent executive director, who shall serve at the pleasure
313of the council. The employment qualifications and standards for
314the position of executive director shall be established by the
315council. The executive director may employ such other staff as
316may be needed and shall have the sole authority to manage the
317activities of the staff. Nothing in this act shall prevent the
318executive director and the staff from being classified or exempt
319employees of the Pinellas County Unified Personnel System.
320     (2)  Directors of individual local government land use and
321planning departments, or their designees, are the members of the
322planners advisory committee. The planners advisory committee
323may, at the direction of the council, perform a professional
324planning review of the council staff recommendations that are to
325be acted upon by the council. The planners advisory committee
326may also include a representative from the planning departments
327maintained by the Pinellas County School Board, the PSTA, the
328DOT, and other agencies as the council may determine
329appropriate. In addition to the planners advisory committee, the
330council may appoint such other committees as it deems necessary,
331which may be comprised of either elected or nonelected
332officials. The committees provided for in this section may
333perform such other duties as assigned by the council but may not
334be involved in the administration or executive functions of the
335council.
336     (3)  The staff, as recognized in this act, shall prepare
337all plans or other documents that the council may direct under
338this act and shall assist any committee and the executive
339director in day-to-day activities. The staff shall be governed
340by such operating procedures as may be set forth by the council.
341     Section 8.  Budget, fiscal year, appropriations,
342contributions; annual audits and reports.-
343     (1)  The executive director of the council shall annually
344prepare the budget of the council. The budget shall be kept
345within the limit of funds annually available to the council, and
346each item in the budget shall be fully explained. The council
347shall approve and adopt the annual millage rate and budget, and
348all deliberations on the millage rate and budget by the council
349shall be done at meetings open to the public. The fiscal year of
350the council shall be the same as the fiscal year of the Board of
351County Commissioners of Pinellas County. Notwithstanding the
352above, the Board of County Commissioners of Pinellas County
353shall have the right to review the millage rate and budget,
354raising or reducing either as it deems necessary. In its review
355of the millage rate and budget, the board of county
356commissioners shall ensure that the council is funded, at a
357minimum, at a level that supports the council's powers and
358duties set forth in section 6.
359     (2)  The Tax Collector of Pinellas County shall remit
360directly to the council, from the total taxes collected from the
361millage certified by the Board of County Commissioners of
362Pinellas County for county purposes, an amount equal to the
363annual budget but not to exceed one-sixth of a mill on each
364dollar of the assessed valuation of taxable property made
365annually by the Property Appraiser of Pinellas County. The funds
366collected pursuant to this subsection shall only be expended for
367council purposes.
368     (3)  The council shall cause an annual independent audit to
369be performed, to be paid for by the council. The council shall
370also prepare an annual report on its activities as a whole.
371     Section 9.  Countywide planning authority of the board of
372county commissioners.-The Board of County Commissioners of
373Pinellas County is vested with countywide planning authority by
374section 2.04(s) of the Pinellas County Charter. Such authority
375is limited to the authority provided for in the county charter
376and as provided in this act.
377     Section 10.  Countywide plan repeal, readoption, and
378amendment.-
379     (1)  COUNTYWIDE PLAN AND RULES.-
380     (a)  The existing countywide plan is to be repealed and
381replaced by the adoption of a new, broadly defined, and policy-
382based countywide plan that conforms to the intent of this act.
383It is specifically intended that a new countywide plan provide
384for fewer land use categories than the existing countywide plan.
385The new countywide plan shall be prepared in collaboration with
386the member local governments pursuant to a process and timetable
387established by the council and countywide planning authority.
388Council staff shall use best efforts to develop a new countywide
389plan as expeditiously as possible. Before the adoption of a new
390countywide plan, the existing countywide plan shall remain in
391full force and effect.
392     (b)  An amendment to the countywide plan map may be
393initiated by the council only in order to implement the new
394countywide plan that conforms to the intent of this act.
395Pursuant to this one-time grant of authority which is intended
396to repeal and replace the existing countywide plan map, the
397council may initiate an amendment to the countywide plan map to
398place any new plan map categories designated under a new
399countywide plan on particular parcels of property, as
400applicable. Such amendment to the countywide plan map initiated
401by the council shall be sent to the local government with
402jurisdiction over the subject parcel for comment and review a
403minimum of 60 days before council action. The manner in which
404comment, review, and adoption by the local government, if
405applicable, shall take place shall be set forth in the
406countywide rules.
407     (c)  The recommendation to repeal and replace the existing
408countywide plan shall be by an affirmative vote of a majority of
409the voting members of the council. Any recommendation to
410subsequently amend the countywide plan shall be by an
411affirmative vote of a majority of the voting members present and
412constituting a quorum.
413     (d)  The countywide planning authority action to repeal and
414replace the existing countywide plan as recommended by the
415council shall be by a majority vote of the entire countywide
416planning authority. A majority vote of the members present and
417constituting a quorum of the countywide planning authority is
418required to make any subsequent amendment to the countywide plan
419as recommended for adoption by the council.
420     (e)  Upon adoption by the countywide planning authority,
421the countywide plan shall have the full force and effect of law
422countywide. All local governments' future land use plans and
423land development regulations shall be consistent with the
424countywide plan map and rules. The countywide planning authority
425shall have the authority to enforce the countywide plan map and
426rules.
427     (2)  CONSISTENCY REVIEW.-
428     (a)  As of the effective date of this act, it is
429acknowledged that the council has recently reviewed each local
430government's future land use plan and land development
431regulations for consistency with the existing countywide plan
432map and rules and has determined each such future land use plan
433and land development regulation to be consistent with the
434existing countywide plan map and rules or has outlined the
435actions necessary to establish such consistency. After a new
436countywide plan map and rules that conform to the intent of this
437act are adopted, it is specifically intended that the local
438governments' individual plans be made consistent with the new
439countywide plan map and rules, if necessary, either:
440     1.  Simultaneously with the next scheduled amendment, after
441the effective date of this act, of the local future land use
442plan and land development regulations pursuant to the Evaluation
443and Appraisal Report (EAR), as required for local plans under
444part II of chapter 163, Florida Statutes, and Rule 9J-42,
445Florida Administrative Code; or
446     2.  If the date provided in subparagraph 1. is less than 2
447years after the adoption of the revised countywide plan map and
448rules or is no longer applicable to the local government, within
4492 years after the adoption of the revised countywide plan map
450and rules.
451     (b)  Local governments' land use categories and
452corresponding regulations shall be considered to be consistent
453with the countywide plan map and rules if the local governments'
454land use categories provide for:
455     1.  Maximum densities and intensities that are equal to or
456less than the maximum densities and intensities provided by the
457corresponding countywide plan map categories as set forth in the
458rules.
459     2.  Some or all of the same permitted uses as enumerated in
460the corresponding countywide plan map categories.
461     3.  Such other standards, rules, or procedures contained in
462the countywide rules as are applicable.
463     (c)  If a local government's future land use plan and land
464development regulations have been determined to be consistent
465with the countywide plan map and rules, the local future land
466use plan and land development regulations shall regulate
467development for the subject property.
468     (d)  It is the intent of this act that land uses, lots, and
469structures existing on the effective date of this act that may
470be rendered nonconforming by the adoption of a new countywide
471plan shall be permitted to continue until such nonconformities
472are removed or ceased. Such nonconformities shall be
473administered by the local government with jurisdiction.
474     (3)  COUNTYWIDE PLAN MAP AMENDMENTS.-
475     (a)  Amendments to the adopted countywide plan map relating
476to a land use designation for a particular parcel of property
477may be initiated by the local government that has jurisdiction
478over the subject property. Amendments to any standard, policy,
479or objective of the countywide plan strategies or the rules may
480be initiated by the council or any local government.
481     (b)  The council shall have 60 days after the day an
482application is filed with the council to act on that amendment
483and forward the recommendation to the countywide planning
484authority. Action by the council may include recommendation for
485approval, denial, continuation, or an alternative compromise
486amendment, any of which shall constitute action by the council
487within the stipulated 60-day period. Provision for the council
488to make a recommendation for an alternative compromise amendment
489shall be as approved and set forth in the rules.
490     (c)  All amendments shall be transmitted to the countywide
491planning authority with a recommendation by the council. A vote
492of a majority plus one of the entire countywide planning
493authority is required to take any action on the proposed
494amendment that is contrary to the council's recommendation. A
495recommendation shall be received by the countywide planning
496authority prior to its taking action on an amendment.
497     (d)  After action by the countywide planning authority, any
498substantially affected person, the council, or the local
499government that initiated the plan amendment may seek a hearing
500pursuant to chapter 120, Florida Statutes. Any substantially
501affected person may participate in the hearing. At the
502conclusion of the hearing, the hearing officer's recommended
503order shall be forwarded to and considered by the countywide
504planning authority in a final hearing. The basis for the
505countywide planning authority's final decision approving or
506denying the proposed amendment is limited to the findings of
507fact of the hearing officer. This paragraph shall only apply to
508amendments to the countywide plan map.
509     (e)  The council may contract with the Division of
510Administrative Hearings to provide the hearing officers required
511by this act. The council shall be responsible for compensating
512the division for costs incurred by the division in the hearing
513process. Except as provided in paragraph (d), the council and
514the countywide planning authority are not subject to chapter
515120, Florida Statutes.
516     (f)  An administrative hearing under paragraph (d) is
517limited to a review of the facts pertaining to the subject
518property, the countywide plan map, and the rules applicable
519thereto. An administrative hearing is not the appropriate forum
520for a constitutional challenge.
521     (g)  Decisions by the countywide planning authority, acting
522in its capacity under this act, are legislative in nature.
523Decisions made by the countywide planning authority may be
524challenged in a court of competent jurisdiction.
525     Section 11.  Public hearing and notice requirements.-
526     (1)  PUBLIC HEARING BEFORE THE COUNCIL.-The council shall
527hold at least one public hearing to consider recommending the
528adoption of or an amendment to the countywide plan. More than
529one public hearing may be held at the discretion of the council.
530The location of public hearings shall be determined by the
531council.
532     (2)  PUBLIC HEARING BEFORE THE COUNTYWIDE PLANNING
533AUTHORITY.-An ordinance adopted by the countywide planning
534authority that adopts or amends the provisions of the countywide
535plan shall be enacted or amended pursuant to the following
536procedure:
537     (a)  For an amendment to the adopted countywide plan map
538relating to property involving less than 5 percent of the area
539of the county, the countywide planning authority shall hold a
540public hearing on the proposed ordinance.
541     (b)  For an adoption of or amendment to the countywide plan
542strategies or the countywide rules, for an amendment to the
543adopted countywide plan map relating to the change in a land use
544designation for property involving 5 percent or more of the area
545of the county, or for an adoption of the countywide plan map
546initiated by the council pursuant to section 10(1)(b), the
547countywide planning authority shall hold two advertised public
548hearings on the proposed ordinance. At least one of the hearings
549shall be held after 5 p.m. on a weekday, and the second hearing
550shall be held at least 2 weeks after the first hearing.
551     (3)  FORM OF NOTICE.-Notice shall be provided for in
552accordance with applicable Florida law and as provided for in
553the rules.
554     Section 12.  Severability.-It is declared to be the intent
555of the Legislature that if any section, subsection, sentence,
556clause, or provision of this act is held invalid by any court of
557competent jurisdiction, the remainder of the act shall not be
558affected.
559     Section 13.  Part II of chapter 163, Florida Statutes.-
560Nothing in this act shall be construed to allow the county or
561any municipality in the county to adopt a local government
562comprehensive plan required by part II of chapter 163, Florida
563Statutes, or any amendment to such plan, that does not comply
564with part II of chapter 163, Florida Statutes, or any applicable
565rule or regulation adopted by the Department of Community
566Affairs to implement part II of chapter 163, Florida Statutes.
567In addition, nothing in this act shall be construed to allow any
568development order, as defined in section 163.3164, Florida
569Statutes, to be issued by the county or any municipality in the
570county that is not consistent with the plans adopted pursuant to
571part II of chapter 163, Florida Statutes, and any applicable
572rule or regulation adopted by the Department of Community
573Affairs to implement part II of chapter 163, Florida Statutes.
574     Section 4.  Chapters 73-594, 74-584, 74-586, 76-473, 88-
575464, and 90-396, Laws of Florida, are repealed.
576     Section 5.  This act shall take effect upon becoming a law
577or upon the final approval of the Pinellas County Metropolitan
578Planning Organization's reapportionment plan increasing its
579membership from 11 to 13 members ("the MPO reapportionment
580plan"), whichever occurs later. The terms of the existing
581members of the Pinellas Planning Council shall continue until
582the MPO reapportionment plan becomes effective and the new
583members are appointed to the council.


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