Bill Text: FL H1041 | 2011 | Regular Session | Introduced

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Bill Title: Pinellas Planning Council, Pinellas County

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1041 Detail]

Download: Florida-2011-H1041-Introduced.html

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HB 1041

1	A bill to be entitled
2	An act relating to the Pinellas Planning Council, Pinellas
3	County; codifying, amending, reenacting, and repealing
4	special acts relating to the district; reorganizing the
5	council; setting forth the purpose of the council;
6	providing legislative intent that the countywide plan be
7	broadly defined and policy-based; providing that the
8	primary focus of the council will be land use and
9	transportation planning; providing definitions; providing
10	that the membership of the council shall be the same as
11	that of the Pinellas County Metropolitan Planning
12	Organization; providing for the election of officers,
13	meetings of the council, requirements of a quorum, and
14	member expenses; providing for the powers and duties of
15	the council, including revising the required components of
16	the countywide plan, consistent with the stated
17	legislative intent; providing for countywide staff and
18	committees; providing for a budget and annual independent
19	audit; recognizing the countywide planning authority of
20	the Pinellas County Board of County Commissioners as
21	provided by the Pinellas County Charter; providing for the
22	repeal of the existing countywide plan, adoption of a new
23	countywide plan, future amendment of the plan, and
24	standards and procedures for such actions; providing a
25	timetable for consistency review after adoption of a new
26	countywide plan; providing for public hearing and notice
27	requirements; requiring the authority to adopt specific
28	notice standards in the countywide rules; providing for
29	compliance with part II of chapter 163, Florida Statutes;
30	repealing chapters 73-594, 74-584, 74-586, 76-473, 88-464,
31	and 90-396, Laws of Florida; providing an effective date.
32
33	WHEREAS, Pinellas County is approaching a built-out
34	condition, and planned redevelopment of the built environment is
35	critical to maintaining and improving the countywide economy and
36	quality of life, and
37	WHEREAS, given the land constraints within the county, it
38	is recognized that countywide traffic issues cannot be solved by
39	road building alone, but must be addressed through a multimodal
40	transportation system, and
41	WHEREAS, with the Legislature's creation of the Tampa Bay
42	Area Regional Transportation Authority ("TBARTA") in 2007, the
43	provision of enhanced public transit within the county has
44	become a high transportation planning priority, and
45	WHEREAS, land use patterns are a critical factor in
46	determining whether multimodal transportation, particularly
47	transit, is functional and effective, and
48	WHEREAS, transportation and land use planning do not exist
49	independently, but have a relationship in which each influences
50	the other, and
51	WHEREAS, both the Updated Countywide Plan for Pinellas
52	County and Pinellas by Design: An Economic Development and
53	Redevelopment Plan for the Pinellas Community contain planning
54	strategies that call for increased coordination of the land use
55	and transportation planning activities of the Pinellas Planning
56	Council ("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,
60	three representatives from the Board of County Commissioners
61	(BCC), and three representatives from the MPO, was convened in
62	April 2010 to study the potential of integrating transportation
63	and future land use planning at the countywide level, and
64	WHEREAS, the committee has recommended that the MPO and PPC
65	functions be more closely aligned on transportation and land use
66	issues to create a more streamlined and integrated process,
67	which should identify and eliminate any redundancies,
68	disconnects, or inefficiencies in the current system, and
69	WHEREAS, the committee recommended that this integrated
70	process include a new Countywide Future Land Use Plan, which
71	establishes a broad, forward-looking land use planning
72	framework, incorporates and guides multimodal transportation
73	planning, and allows sufficient flexibility to accommodate the
74	redevelopment needs of local communities, and
75	WHEREAS, the committee determined that the most effective
76	way to accomplish these goals would be to unify the membership
77	of the boards of the MPO and the PPC into a single board that
78	would be empowered to carry out the functions of both the MPO
79	and the PPC, and
80	WHEREAS, it is the recommendation of the committee that the
81	new unified board should continue to consist of elected
82	officials and ensure adequate representation for all local
83	governments within Pinellas County, recognizing that the
84	Pinellas Suncoast Transportation Authority ("PSTA") will also
85	have a seat on the new board, and
86	WHEREAS, it was the consensus of the committee that the new
87	unified board be supported by an independent executive director
88	who serves in that capacity exclusively, with staff chosen by
89	that independent director, but with priority given to current
90	employees of the PPC and MPO, and
91	WHEREAS, the establishment of the new unified board will
92	require reapportionment of the MPO membership, which must be
93	done in conformance with section 339.175, Florida Statutes, and
94	WHEREAS, the establishment of the new unified board will
95	require an amendment to and reenactment of the PPC's charter,
96	NOW, THEREFORE,
97
98	Be It Enacted by the Legislature of the State of Florida:
99
100	Section 1.  (1)  The reenactment of existing law in this
101	act shall not be construed as a grant of additional authority to
102	or supersede the authority of any entity pursuant to law.
103	Exceptions to law contained in any special act that are
104	reenacted pursuant to this act shall continue to apply.
105	(2)  The reenactment of existing law in this act shall not
106	be construed to modify, amend, or alter any covenants,
107	contracts, or other obligations of the district with respect to
108	bonded indebtedness. Nothing pertaining to the reenactment of
109	existing law in this act shall be construed to affect the
110	ability of the district to levy and collect taxes, assessments,
111	fees, or charges for the purpose of redeeming or servicing
112	bonded indebtedness of the district.
113	Section 2.  Chapters 73-594, 74-584, 74-586, 76-473, 88-
114	464, and 90-396, Laws of Florida, are amended, codified,
115	reenacted, and repealed as provided in this act.
116	Section 3.  The charter for the Pinellas Planning Council,
117	Pinellas County, a dependent special district, is re-created and
118	reenacted to read:
119	Section 1.  County planning council created.-There
120	is hereby created a countywide planning and coordinating
121	council to be known as the "Pinellas Planning Council,"
122	hereinafter referred to as the "council." The council
123	shall have common membership and function as a single,
124	unified board with the Pinellas County Metropolitan
125	Planning Organization ("MPO").
126	Section 2.  Purpose of council; legislative intent.-
127	(1)  The Legislature recognizes the social and economic
128	interdependence of the people residing within Pinellas County
129	and the common interest they share in its future development.
130	The Legislature recognizes the value of considering land use and
131	transportation planning issues concurrently and of coordinating
132	and implementing land use and transportation planning functions
133	in an integrated manner. The Legislature also recognizes that
134	individual plans and decisions heretofore made by local
135	governments within the county have affected the welfare of the
136	entire county as well as neighboring jurisdictions, and,
137	therefore, the Legislature intends that the purpose of this act
138	is to provide for:
139	(a)  The formulation and execution by the council of the
140	strategies necessary for the orderly growth, development, and
141	environmental protection of Pinellas County as a whole, with the
142	focus on those issues deemed to have an impact countywide.
143	(b)  The coordination by the council of planning and
144	development in Pinellas County with regional planning objectives
145	in the Tampa Bay area as developed by such entities as the MPO,
146	the Tampa Bay Regional Planning Council, the Tampa Bay Area
147	Regional Transportation Authority ("TBARTA"), the Pinellas
148	Suncoast Transit Authority ("PSTA"), the Department of
149	Transportation ("DOT"), and the Department of Community Affairs
150	("DCA").
151	(2)  The Legislature further recognizes that the future of
152	Pinellas County, its permanent residents, and the millions of
153	tourists who annually visit the county is dependent upon the way
154	the natural resources of land, air, and water are protected and
155	impacted by the built environment and through the use and reuse
156	of land to accommodate the urban development and redevelopment
157	pattern, the transportation system that serves it, and other
158	development activities that are guided by the countywide
159	planning function.
160	(3)  The Legislature intends for the development of a
161	broadly defined, policy-based countywide plan that will focus on
162	countywide issues related to future land use, transportation,
163	and intergovernmental coordination.
164	(4)  The Legislature further intends that this act provide
165	for the coordination by the council of the transportation
166	planning functions undertaken by the MPO with the council's land
167	use planning functions, as expressed in this act, in a manner
168	that more fully integrates these two functions in a
169	complementary manner, as well as a means for the integration of
170	the membership of the boards of the council and MPO, such that a
171	single, unified board shall perform the functions of both the
172	council and the MPO.
173	Section 3.  Definitions.-As used in this act, the term:
174	(1)  "Countywide plan" means materials in such descriptive
175	form, written or graphic, as may be appropriate to the
176	prescription of strategies for the orderly and balanced future
177	development of Pinellas County. The countywide plan is comprised
178	of the countywide plan strategies, the countywide plan map, and
179	the countywide rules in section 6(7).
180	(2)  "Countywide plan map" means the future land use map
181	that designates general categories of land use by type and
182	location to guide the future development pattern and use of land
183	throughout the county.
184	(3)  "Countywide plan strategies" means an overarching set
185	of policies that identify and set forth a plan of action to
186	address those components set forth in section 6(7) and that are
187	collectively used to administer and guide interpretation of the
188	countywide plan map and countywide rules.
189	(4)  "Countywide planning authority" means the board of
190	county commissioners, acting in its capacity as the countywide
191	planning authority, through the exercise of its power under
192	section 2.04(s) of the Pinellas County Charter.
193	(5)  "Countywide rules" and the "rules" mean those rules,
194	standards, and procedures that will implement the countywide
195	plan as provided in section 6(7).
196	(6)  "Existing countywide plan" means and refers to that
197	countywide plan, inclusive of the countywide plan strategies,
198	countywide plan map, and countywide rules as adopted by Pinellas
199	County Ordinance 89-4, as amended.
200	(7)  "Land development regulation" means an ordinance
201	enacted by a local government for the regulation of any aspect
202	of development and includes any local government zoning,
203	rezoning, subdivision, or building construction regulation or
204	any other regulation controlling the development of land.
205	(8)  "Local government" means Pinellas County or any
206	municipality within the county.
207	Section 4.  Membership of council.-The council shall be
208	composed of the voting membership of the Pinellas County
209	Metropolitan Planning Organization. The terms of office and
210	appointments to fill vacancies shall be consistent with Florida
211	law governing the MPO.
212	Section 5.  Officers; meetings; records; quorum; expenses.-
213	(1)  The council shall elect one of its members as
214	chairperson, one of its members as vice chairperson, one of its
215	members as treasurer, and one of its members as secretary, each
216	of whom shall serve for the year or until a successor is
217	elected. No person elected chairperson shall serve more than 2
218	consecutive years in that capacity. Election of officers shall
219	be conducted in concert with the MPO, as provided by Florida law
220	governing the MPO.
221	(2)  The council may meet at least once each month, at such
222	place and at such other times in special session as the council,
223	by a majority vote, shall determine, and at any other time at
224	the call of the chairperson. The council shall adopt, by an
225	affirmative vote of a majority of the voting members of the
226	council, operating procedures for the transaction of business
227	and keep a record of its transactions, resolutions, findings,
228	determinations, recommendations, and orders, which record shall
229	be a public record. Subsequent amendment of the operating
230	procedures shall be by an affirmative vote of a majority of the
231	members present and constituting a quorum.
232	(3)  At all meetings of the council, a quorum shall consist
233	of a simple majority of the full voting membership. No official
234	business of the council may be transacted unless a quorum is
235	present. No vacancy in the council shall impair the right of a
236	quorum of the council to exercise all the rights and perform all
237	the duties of the council. Except as otherwise provided in this
238	act, all actions of the council shall be by a majority vote of
239	those members present.
240	(4)  Members of the council shall be entitled to receive
241	from the council their traveling and other necessary expenses
242	incurred in connection with the business of the council, as
243	provided by law, but they shall draw no salaries or other
244	compensation.
245	Section 6.  Powers and duties.-In the performance of its
246	duties and in the execution of its functions under this act, the
247	council has and shall exercise the following powers and duties:
248	(1)  To maintain a permanent office at the place or places
249	within Pinellas County as it may designate. Additional
250	suboffices may be maintained at such place or places within
251	Pinellas County as it may designate.
252	(2)  To employ and to compensate such personnel,
253	consultants, and technical and professional assistance as it may
254	deem 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
259	from, 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
263	the district school board.
264	(d)  The several municipalities in Pinellas County or any
265	agencies thereof.
266	(e)  The Tampa Bay Regional Planning Council and other
267	governmental agencies.
268	(f)  Civic groups and nonprofit agencies.
269	(7)  To develop for countywide planning authority approval
270	a countywide plan that shall be broadly defined, policy-based,
271	and focused on countywide issues and that shall include:
272	(a)  The countywide plan map.
273	(b)  The countywide rules, which shall establish parameters
274	that will be used to determine whether local governments' future
275	land use plans and land development regulations are consistent
276	with the countywide plan map and rules. Each land use category
277	shall, at a minimum, be defined in terms of the types of uses
278	included and specific standards for the density or intensity of
279	use.
280	(c)  The countywide plan strategies, which shall provide
281	policy guidance for the countywide plan map and rules and which
282	shall include:
283	1.  A countywide future land use component that supports a
284	countywide managed growth perspective.
285	2.  A countywide transportation component that supports
286	mass transit and other transportation facilities and that
287	recognizes the responsibilities of the MPO as defined by law and
288	joint agreement.
289	3.  A countywide intergovernmental coordination component
290	that supports enhanced integration of local government land use
291	and transportation planning.
292	4.  Any other component determined by the council and the
293	countywide planning authority to be necessary to establish
294	effective countywide planning in furtherance of the intent of
295	this act.
296	(8)  To coordinate countywide growth management issues and
297	procedures consistent with this act.
298	(9)  To review the countywide plan with the local
299	governments in order to ensure coordination with local goals and
300	policies, identify specific countywide growth management problem
301	areas, and work collaboratively with local governments towards
302	solutions to those identified problems.
303	(10)  When processing amendments to the countywide plan
304	map, to consider the countywide plan strategies and the
305	countywide rules.
306	(11)  To conduct a strategic planning session with the
307	countywide planning authority on an annual basis or at such
308	other intervals as the council and countywide planning authority
309	shall agree upon.
310	Section 7.  Countywide staff and committees.-
311	(1)  Pursuant to section 6(2), the council shall appoint an
312	independent executive director, who shall serve at the pleasure
313	of the council. The employment qualifications and standards for
314	the position of executive director shall be established by the
315	council. The executive director may employ such other staff as
316	may be needed and shall have the sole authority to manage the
317	activities of the staff. Nothing in this act shall prevent the
318	executive director and the staff from being classified or exempt
319	employees of the Pinellas County Unified Personnel System.
320	(2)  Directors of individual local government land use and
321	planning departments, or their designees, are the members of the
322	planners advisory committee. The planners advisory committee
323	may, at the direction of the council, perform a professional
324	planning review of the council staff recommendations that are to
325	be acted upon by the council. The planners advisory committee
326	may also include a representative from the planning departments
327	maintained by the Pinellas County School Board, the PSTA, the
328	DOT, and other agencies as the council may determine
329	appropriate. In addition to the planners advisory committee, the
330	council may appoint such other committees as it deems necessary,
331	which may be comprised of either elected or nonelected
332	officials. The committees provided for in this section may
333	perform such other duties as assigned by the council but may not
334	be involved in the administration or executive functions of the
335	council.
336	(3)  The staff, as recognized in this act, shall prepare
337	all plans or other documents that the council may direct under
338	this act and shall assist any committee and the executive
339	director in day-to-day activities. The staff shall be governed
340	by such operating procedures as may be set forth by the council.
341	Section 8.  Budget, fiscal year, appropriations,
342	contributions; annual audits and reports.-
343	(1)  The executive director of the council shall annually
344	prepare the budget of the council. The budget shall be kept
345	within the limit of funds annually available to the council, and
346	each item in the budget shall be fully explained. The council
347	shall approve and adopt the annual millage rate and budget, and
348	all deliberations on the millage rate and budget by the council
349	shall be done at meetings open to the public. The fiscal year of
350	the council shall be the same as the fiscal year of the Board of
351	County Commissioners of Pinellas County. Notwithstanding the
352	above, the Board of County Commissioners of Pinellas County
353	shall have the right to review the millage rate and budget,
354	raising or reducing either as it deems necessary. In its review
355	of the millage rate and budget, the board of county
356	commissioners shall ensure that the council is funded, at a
357	minimum, at a level that supports the council's powers and
358	duties set forth in section 6.
359	(2)  The Tax Collector of Pinellas County shall remit
360	directly to the council, from the total taxes collected from the
361	millage certified by the Board of County Commissioners of
362	Pinellas County for county purposes, an amount equal to the
363	annual budget but not to exceed one-sixth of a mill on each
364	dollar of the assessed valuation of taxable property made
365	annually by the Property Appraiser of Pinellas County. The funds
366	collected pursuant to this subsection shall only be expended for
367	council purposes.
368	(3)  The council shall cause an annual independent audit to
369	be performed, to be paid for by the council. The council shall
370	also prepare an annual report on its activities as a whole.
371	Section 9.  Countywide planning authority of the board of
372	county commissioners.-The Board of County Commissioners of
373	Pinellas County is vested with countywide planning authority by
374	section 2.04(s) of the Pinellas County Charter. Such authority
375	is limited to the authority provided for in the county charter
376	and as provided in this act.
377	Section 10.  Countywide plan repeal, readoption, and
378	amendment.-
379	(1)  COUNTYWIDE PLAN AND RULES.-
380	(a)  The existing countywide plan is to be repealed and
381	replaced by the adoption of a new, broadly defined, and policy-
382	based countywide plan that conforms to the intent of this act.
383	It is specifically intended that a new countywide plan provide
384	for fewer land use categories than the existing countywide plan.
385	The new countywide plan shall be prepared in collaboration with
386	the member local governments pursuant to a process and timetable
387	established by the council and countywide planning authority.
388	Council staff shall use best efforts to develop a new countywide
389	plan as expeditiously as possible. Before the adoption of a new
390	countywide plan, the existing countywide plan shall remain in
391	full force and effect.
392	(b)  An amendment to the countywide plan map may be
393	initiated by the council only in order to implement the new
394	countywide plan that conforms to the intent of this act.
395	Pursuant to this one-time grant of authority which is intended
396	to repeal and replace the existing countywide plan map, the
397	council may initiate an amendment to the countywide plan map to
398	place any new plan map categories designated under a new
399	countywide plan on particular parcels of property, as
400	applicable. Such amendment to the countywide plan map initiated
401	by the council shall be sent to the local government with
402	jurisdiction over the subject parcel for comment and review a
403	minimum of 60 days before council action. The manner in which
404	comment, review, and adoption by the local government, if
405	applicable, shall take place shall be set forth in the
406	countywide rules.
407	(c)  The recommendation to repeal and replace the existing
408	countywide plan shall be by an affirmative vote of a majority of
409	the voting members of the council. Any recommendation to
410	subsequently amend the countywide plan shall be by an
411	affirmative vote of a majority of the voting members present and
412	constituting a quorum.
413	(d)  The countywide planning authority action to repeal and
414	replace the existing countywide plan as recommended by the
415	council shall be by a majority vote of the entire countywide
416	planning authority. A majority vote of the members present and
417	constituting a quorum of the countywide planning authority is
418	required to make any subsequent amendment to the countywide plan
419	as recommended for adoption by the council.
420	(e)  Upon adoption by the countywide planning authority,
421	the countywide plan shall have the full force and effect of law
422	countywide. All local governments' future land use plans and
423	land development regulations shall be consistent with the
424	countywide plan map and rules. The countywide planning authority
425	shall have the authority to enforce the countywide plan map and
426	rules.
427	(2)  CONSISTENCY REVIEW.-
428	(a)  As of the effective date of this act, it is
429	acknowledged that the council has recently reviewed each local
430	government's future land use plan and land development
431	regulations for consistency with the existing countywide plan
432	map and rules and has determined each such future land use plan
433	and land development regulation to be consistent with the
434	existing countywide plan map and rules or has outlined the
435	actions necessary to establish such consistency. After a new
436	countywide plan map and rules that conform to the intent of this
437	act are adopted, it is specifically intended that the local
438	governments' individual plans be made consistent with the new
439	countywide plan map and rules, if necessary, either:
440	1.  Simultaneously with the next scheduled amendment, after
441	the effective date of this act, of the local future land use
442	plan and land development regulations pursuant to the Evaluation
443	and Appraisal Report (EAR), as required for local plans under
444	part II of chapter 163, Florida Statutes, and Rule 9J-42,
445	Florida Administrative Code; or
446	2.  If the date provided in subparagraph 1. is less than 2
447	years after the adoption of the revised countywide plan map and
448	rules or is no longer applicable to the local government, within
449	2 years after the adoption of the revised countywide plan map
450	and rules.
451	(b)  Local governments' land use categories and
452	corresponding regulations shall be considered to be consistent
453	with the countywide plan map and rules if the local governments'
454	land use categories provide for:
455	1.  Maximum densities and intensities that are equal to or
456	less than the maximum densities and intensities provided by the
457	corresponding countywide plan map categories as set forth in the
458	rules.
459	2.  Some or all of the same permitted uses as enumerated in
460	the corresponding countywide plan map categories.
461	3.  Such other standards, rules, or procedures contained in
462	the countywide rules as are applicable.
463	(c)  If a local government's future land use plan and land
464	development regulations have been determined to be consistent
465	with the countywide plan map and rules, the local future land
466	use plan and land development regulations shall regulate
467	development for the subject property.
468	(d)  It is the intent of this act that land uses, lots, and
469	structures existing on the effective date of this act that may
470	be rendered nonconforming by the adoption of a new countywide
471	plan shall be permitted to continue until such nonconformities
472	are removed or ceased. Such nonconformities shall be
473	administered by the local government with jurisdiction.
474	(3)  COUNTYWIDE PLAN MAP AMENDMENTS.-
475	(a)  Amendments to the adopted countywide plan map relating
476	to a land use designation for a particular parcel of property
477	may be initiated by the local government that has jurisdiction
478	over the subject property. Amendments to any standard, policy,
479	or objective of the countywide plan strategies or the rules may
480	be initiated by the council or any local government.
481	(b)  The council shall have 60 days after the day an
482	application is filed with the council to act on that amendment
483	and forward the recommendation to the countywide planning
484	authority. Action by the council may include recommendation for
485	approval, denial, continuation, or an alternative compromise
486	amendment, any of which shall constitute action by the council
487	within the stipulated 60-day period. Provision for the council
488	to make a recommendation for an alternative compromise amendment
489	shall be as approved and set forth in the rules.
490	(c)  All amendments shall be transmitted to the countywide
491	planning authority with a recommendation by the council. A vote
492	of a majority plus one of the entire countywide planning
493	authority is required to take any action on the proposed
494	amendment that is contrary to the council's recommendation. A
495	recommendation shall be received by the countywide planning
496	authority prior to its taking action on an amendment.
497	(d)  After action by the countywide planning authority, any
498	substantially affected person, the council, or the local
499	government that initiated the plan amendment may seek a hearing
500	pursuant to chapter 120, Florida Statutes. Any substantially
501	affected person may participate in the hearing. At the
502	conclusion of the hearing, the hearing officer's recommended
503	order shall be forwarded to and considered by the countywide
504	planning authority in a final hearing. The basis for the
505	countywide planning authority's final decision approving or
506	denying the proposed amendment is limited to the findings of
507	fact of the hearing officer. This paragraph shall only apply to
508	amendments to the countywide plan map.
509	(e)  The council may contract with the Division of
510	Administrative Hearings to provide the hearing officers required
511	by this act. The council shall be responsible for compensating
512	the division for costs incurred by the division in the hearing
513	process. Except as provided in paragraph (d), the council and
514	the countywide planning authority are not subject to chapter
515	120, Florida Statutes.
516	(f)  An administrative hearing under paragraph (d) is
517	limited to a review of the facts pertaining to the subject
518	property, the countywide plan map, and the rules applicable
519	thereto. An administrative hearing is not the appropriate forum
520	for a constitutional challenge.
521	(g)  Decisions by the countywide planning authority, acting
522	in its capacity under this act, are legislative in nature.
523	Decisions made by the countywide planning authority may be
524	challenged in a court of competent jurisdiction.
525	Section 11.  Public hearing and notice requirements.-
526	(1)  PUBLIC HEARING BEFORE THE COUNCIL.-The council shall
527	hold at least one public hearing to consider recommending the
528	adoption of or an amendment to the countywide plan. More than
529	one public hearing may be held at the discretion of the council.
530	The location of public hearings shall be determined by the
531	council.
532	(2)  PUBLIC HEARING BEFORE THE COUNTYWIDE PLANNING
533	AUTHORITY.-An ordinance adopted by the countywide planning
534	authority that adopts or amends the provisions of the countywide
535	plan shall be enacted or amended pursuant to the following
536	procedure:
537	(a)  For an amendment to the adopted countywide plan map
538	relating to property involving less than 5 percent of the area
539	of the county, the countywide planning authority shall hold a
540	public hearing on the proposed ordinance.
541	(b)  For an adoption of or amendment to the countywide plan
542	strategies or the countywide rules, for an amendment to the
543	adopted countywide plan map relating to the change in a land use
544	designation for property involving 5 percent or more of the area
545	of the county, or for an adoption of the countywide plan map
546	initiated by the council pursuant to section 10(1)(b), the
547	countywide planning authority shall hold two advertised public
548	hearings on the proposed ordinance. At least one of the hearings
549	shall be held after 5 p.m. on a weekday, and the second hearing
550	shall be held at least 2 weeks after the first hearing.
551	(3)  FORM OF NOTICE.-Notice shall be provided for in
552	accordance with applicable Florida law and as provided for in
553	the rules.
554	Section 12.  Severability.-It is declared to be the intent
555	of the Legislature that if any section, subsection, sentence,
556	clause, or provision of this act is held invalid by any court of
557	competent jurisdiction, the remainder of the act shall not be
558	affected.
559	Section 13.  Part II of chapter 163, Florida Statutes.-
560	Nothing in this act shall be construed to allow the county or
561	any municipality in the county to adopt a local government
562	comprehensive plan required by part II of chapter 163, Florida
563	Statutes, or any amendment to such plan, that does not comply
564	with part II of chapter 163, Florida Statutes, or any applicable
565	rule or regulation adopted by the Department of Community
566	Affairs to implement part II of chapter 163, Florida Statutes.
567	In addition, nothing in this act shall be construed to allow any
568	development order, as defined in section 163.3164, Florida
569	Statutes, to be issued by the county or any municipality in the
570	county that is not consistent with the plans adopted pursuant to
571	part II of chapter 163, Florida Statutes, and any applicable
572	rule or regulation adopted by the Department of Community
573	Affairs to implement part II of chapter 163, Florida Statutes.
574	Section 4.  Chapters 73-594, 74-584, 74-586, 76-473, 88-
575	464, and 90-396, Laws of Florida, are repealed.
576	Section 5.  This act shall take effect upon becoming a law
577	or upon the final approval of the Pinellas County Metropolitan
578	Planning Organization's reapportionment plan increasing its
579	membership from 11 to 13 members ("the MPO reapportionment
580	plan"), whichever occurs later. The terms of the existing
581	members of the Pinellas Planning Council shall continue until
582	the MPO reapportionment plan becomes effective and the new
583	members are appointed to the council.

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