(a)

The purpose of this section is to address the restrictions of Section 28 of Chapter 2025-190, Laws of Florida. This section shall sunset and expire on October 1, 2027 unless extended pursuant to the provisions of Section 28 of Chapter 2025-190, Laws of Florida or otherwise by general law. If Section 28 of Chapter 2025-190, Laws of Florida is repealed or expires as it applies to the city, this section shall automatically expire simultaneously therewith. If Section 28 of Chapter 2025-190, Laws of Florida is substantially amended after the effective date of this section, the planning and zoning director may freeze use of this section until an amendment to this section is adopted to incorporate the amendments made to Section 28 of Chapter 2025-190, Laws of Florida.

(b)

If an authorized applicant for a development order believes that any city-initiated amendment to Chapter 58, Land Development Code, including without limitation the comprehensive plan adopted by Chapter 58, Article I, and any other land development regulations set forth in the City Code, that occurred after August 1, 2024 is "more restrictive or burdensome" than existed prior to August 1, 2024, the applicant may file an application with the city to have the version of land development regulations and the comprehensive plan existing as of August 1, 2024 apply to and govern the development order application at issue pursuant to the following provisions:

(1)

The applicant shall submit in writing to the planning and zoning director a sworn, notarized statement: (i) describing the development order sought and the details of the proposed development project; (ii) describing with citations and specificity which provisions of land development regulations and the comprehensive plan that have been amended since August 1, 2024 are "more restrictive and burdensome" than existed on August 1, 2024; (iii) describing how such "more restrictive and burdensome" provisions are applicable to the development order application; (iv) describing how, when applied to the development order application such "more restrictive and burdensome" provisions result in more restrictive and burdensome impacts on the proposed development than the August 1, 2024 version of land development regulations and the comprehensive plan; (v) requesting that the version of land development regulations and the comprehensive plan existing as of August 1, 2024 apply to and govern the development order application at issue and agreeing to be bound by such provisions; and (vi) agreeing that the authorized applicant and property owner will not receive any benefits of the then current version of the land development regulations and comprehensive plan if it/they elect to request relief pursuant to this section. If the authorized applicant is not the fee simple property owner(s), the property owner(s) shall be required to join in and consent to the sworn, notarized statement.

(2)

Upon receipt of the sworn, notarized statement pursuant to subsection (1), the planning and zoning director or designee will evaluate the notarized statement to determine if the statement is complete and whether the information submitted in the statement presents a good faith claim that there are "more restrictive and burdensome" provisions of the land development regulations and comprehensive plan than existed on August 1, 2024 entitling the authorized applicant to relief pursuant to Section 28 of Chapter 2025-190, Laws of Florida. If the sworn, notarized statement is incomplete, the planning and zoning director or designee will request the authorized applicant to provide additional information to complete the requirements of subsection (1).

(3)

If the sworn, notarized statement pursuant to subsection (1) is determined by the planning and zoning director or designee to present a good faith claim that there are "more restrictive and burdensome" provisions of land development regulations and the comprehensive plan than existed on August 1, 2024, the development order application will proceed to be reviewed and considered for approval pursuant to the August 1, 2024 version of land development regulations and the comprehensive plan. The authorized applicant and property owner will not receive any benefits of the then current version of the land development regulations and comprehensive plan if it elects to use this section.

(4)

The planning and zoning director or designee is not required to agree with the "more restrictive and burdensome" claim contained within the sworn, notarized statement in order to grant relief of applying the August 1, 2024 version of the land development regulations and the comprehensive plan.

(Ord. No. 3351-25, § 3, 8-27-25)