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A.
Landowners claiming that certain of their property rights have either: a) vested prior
to establishment of this Code on November 13, 1991, or prior to the effective date
of any amendment or revision to this Code, including the claim to a right to an Adequate
Public Facilities Certificate (APFC), or b) been unlawfully taken, may use the vested
rights determination process and takings determination process under this section,
as either or both may be applicable. Both processes are to be administered as provided
for in this section and are intended to ensure landowners are afforded adequate procedural
due process by providing for required notice, public hearing, the right to present
and rebut evidence, create a formal, written record, and an impartial hearing officer,
as may be applicable under these processes.
B.
Claims or suits against Collier County, including its board of county commissioners,
whether sued individually or collectively, and any official thereof, which: a) allege
vested rights or equitable estoppel, or b) challenge the denial, revocation, suspension,
or any other limitation or restriction set forth in a
development order
or
development permit,
or any other governmental act of Collier County as a temporary or permanent taking
of private property, including claims or suits of an inordinate burden of private
property, cannot be deemed final action or a final order of the County in any court
or quasi-judicial proceeding unless and until the processes provided for by this section
have been fully complied with and exhausted.
C.
The provisions of this Code are expressly intended to regulate landowners' rights
to develop their property in the unincorporated areas of the county as may be necessary
to protect the public's health and safety and to promote its general welfare without
violating landowners' legally vested rights obtained in accordance with Florida common
law and statutory law, particularly F.S. § 163.3167(8).
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