(1) The local government’s laws and policies governing the development of the land at the time of the execution of the development agreement shall govern the development of the land for the duration of the development agreement.
(2) A local government may apply subsequently adopted laws and policies to a development that is subject to a development agreement only if the local government has held a public hearing and determined:
(a) They are not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities, or densities in the development agreement;
(b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement;
(c) They are specifically anticipated and provided for in the development agreement;
(d) The local government demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; or
(e) The development agreement is based on substantially inaccurate information supplied by the developer.
(3) This section does not abrogate any rights that may vest pursuant to common law.
History.—s. 26, ch. 86-191.
Structure Florida Statutes
Title XI - County Organization and Intergovernmental Relations
Chapter 163 - Intergovernmental Programs
163.2511 - Urban infill and redevelopment.
163.2514 - Growth Policy Act; definitions.
163.2517 - Designation of urban infill and redevelopment area.
163.2520 - Economic incentives.
163.3161 - Short title; intent and purpose.
163.3162 - Agricultural Lands and Practices.
163.3164 - Community Planning Act; definitions.
163.3168 - Planning innovations and technical assistance.
163.3171 - Areas of authority under this act.
163.3174 - Local planning agency.
163.3177 - Required and optional elements of comprehensive plan; studies and surveys.
163.31771 - Accessory dwelling units.
163.31777 - Public schools interlocal agreement.
163.3178 - Coastal management.
163.31801 - Impact fees; short title; intent; minimum requirements; audits; challenges.
163.31802 - Prohibited standards for security devices.
163.3182 - Transportation deficiencies.
163.3184 - Process for adoption of comprehensive plan or plan amendment.
163.3187 - Process for adoption of small scale comprehensive plan amendment.
163.3191 - Evaluation and appraisal of comprehensive plan.
163.3194 - Legal status of comprehensive plan.
163.3197 - Legal status of prior comprehensive plan.
163.3201 - Relationship of comprehensive plan to exercise of land development regulatory authority.
163.3202 - Land development regulations.
163.3204 - Cooperation by state and regional agencies.
163.3205 - Solar facility approval process.
163.32051 - Floating solar facilities.
163.3208 - Substation approval process.
163.3209 - Electric transmission and distribution line right-of-way maintenance.
163.3211 - Conflict with other statutes.
163.3213 - Administrative review of land development regulations.
163.3215 - Standing to enforce local comprehensive plans through development orders.
163.3217 - Municipal overlay for municipal incorporation.
163.3220 - Short title; legislative intent.
163.3221 - Florida Local Government Development Agreement Act; definitions.
163.3227 - Requirements of a development agreement.
163.3229 - Duration of a development agreement and relationship to local comprehensive plan.
163.3231 - Consistency with the comprehensive plan and land development regulations.
163.3233 - Local laws and policies governing a development agreement.
163.3235 - Periodic review of a development agreement.
163.3237 - Amendment or cancellation of a development agreement.
163.3239 - Recording and effectiveness of a development agreement.
163.3246 - Local government comprehensive planning certification program.
163.3248 - Rural land stewardship areas.
163.3252 - Local manufacturing development program; master development approval for manufacturers.
163.3253 - Coordinated manufacturing development approval process.