CopyCited 340 times | Published | Court of Appeals for the Eleventh Circuit | 2004 U.S. App. LEXIS 7706, 2004 WL 842527
...dependent for revenue, and would result in economic hardship on the residents.
7
Surfside cites the 1995-2000 Comprehensive Plan, adopted pursuant to Local
Government Comprehensive Planning and Land Development Regulation Act, FLA . STAT . ANN .
§ 163.3161 et seq....
CopyCited 34 times | Published | Supreme Court of Florida | 1995 WL 601375
...HER PROVIDES FOR A POTENTIAL LOSS OF REVENUE TO THE COUNTY IN THE EVENT OF NONCOMPLIANCE? Id. at 624. We have jurisdiction pursuant to article V, section 3(b)(4), of the Florida Constitution. Facts and Proceedings Below On April 2, 1990, pursuant to section 163.3161, Florida Statutes (1989), Santa Rosa County submitted a proposed comprehensive plan to the Department of Community Affairs (DCA) for written comment....
CopyCited 31 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 357
...More importantly, perhaps, the BCI site is 588 acres in size, substantially larger than a few lots. III. CONSISTENCY UNDER THE PLANNING ACT A more difficult issue is whether the zoning changes violated the consistency provisions of the Local Government Comprehensive Planning and Land Development Regulation Act, Section 163.3161, et seq., Florida Statutes (1985), and thus constituted an invalid exercise of the County's discretionary land use authority....
...ntense than that envisioned by the comprehensive plan. As the court in Grubbs noted, the purpose of a comprehensive plan is to set general guidelines for future development, and not necessarily to accomplish immediate land use changes. Id.; see also § 163.3161....
CopyCited 30 times | Published | Supreme Court of Florida | 1991 WL 157542
...See §§ 236.012(4), 236.24(1), 236.35, Fla. Stat. (1989). Even the Local Government Comprehensive Planning and Land Development Regulation Act contemplates that counties should become involved in facilitating the adequate and efficient provision of schools. Section 163.3161(3), Fla....
CopyCited 27 times | Published | Florida 4th District Court of Appeal
...[2] In the present case, the appellant has not asserted that the Broward County ordinance violates a statute. [3] In light of our ruling, we have found it unnecessary to address the appellee's argument that it was empowered to enact the ordinance by the Local Government Comprehensive Planning Act. § 163.3161, et seq., Fla....
...[10] This view was espoused by the Florida Legislature which has required counties to establish comprehensive land use plans including the "efficient provision of transportation, water, sewage, schools, parks, recreational facilities, housing and other requirements and services... ." See § 163.3161(3), Fla....
CopyCited 23 times | Published | Florida 1st District Court of Appeal | 1990 WL 2065
...wer in the public interest." Agins,
100 S.Ct. at 2141. See also Keystone,
107 S.Ct. at 1246. The challenged land use regulations in this case were adopted pursuant to the "Local Government Comprehensive Planning and Land Development Regulation Act." §
163.3161(1), Fla....
...The stated intent of the act is that local government will "encourage the most appropriate use of land, water, and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within their jurisdictions." § 163.3161(3), Fla....
CopyCited 21 times | Published | Supreme Court of Florida | 1984 Fla. LEXIS 2724
...The ordinances were enacted to allow the construction of a large-scale residential and commercial building complex in the downtown area of West Palm Beach. The gravamen of the Coalition's complaint was that the ordinances were not enacted in conformity with the Local Government Comprehensive Planning Act of 1975, sections 163.3161-.3211, Florida Statutes (1981)....
...In the alternative, appellant argues that the Act creates for citizens and residents legally recognizable interests which are adversely affected if a rezoning ordinance fails to comply with the Act's requirements. We disagree with this contention. The legislature specifically delineated the intent and purpose of this act in section 163.3161, which provides: 163.3161 Short title; intent and purpose....
CopyCited 19 times | Published | Florida 4th District Court of Appeal
...e in conflict with a municipal ordinance shall not be effective within the municipality to the extent of such conflict. Ordinance 79-7, the ordinance in question, expressly cites as authority for the enactment of that legislation Sections
125.01 and
163.3161, Florida Statutes....
...for the control of traffic and parking. ... . (w) Perform any other acts not inconsistent with law which are in the common interest of the people of the county, and exercise all powers and privileges not specifically prohibited by law. In addition, Section 163.3161, Florida Statutes, known as the Local Government Comprehensive Planning Act, contains a broad grant of power for local governments to enact plans and programs to guide and control future development....
CopyCited 18 times | Published | Florida 2nd District Court of Appeal | 1993 WL 154000
...n the evidence presented."
400 So.2d at 40 ( citations omitted ). [7] (b) "Consistency" and "Strict Scrutiny" In Florida, all zoning and development permitting must now be consistent with the comprehensive plan of the city or county in question. See §
163.3161(5), Fla....
...[7] In fact the terms were employed virtually interchangeably in Shaughnessy v. Metropolitan Dade County,
238 So.2d 466, 469 (Fla.3d DCA 1970), wherein the court found "competent, substantial evidence that the granting of the unusual or special use was at least fairly debatable." [8] But see §
163.3161(8), Fla....
CopyCited 16 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 156, 1997 Fla. LEXIS 322, 1997 WL 136419
...Several other parties have submitted amicus briefs in support of their positions. Chapter 163, part II, Florida Statutes (1989) (Local Government Comprehensive Planning and Land Development Regulation Act) (the Act), was intended to enhance present advantages and encourage appropriate uses of land and resources. See § 163.3161(3), Fla....
CopyCited 15 times | Published | Florida 5th District Court of Appeal | 13 Fla. L. Weekly 1733, 1988 Fla. App. LEXIS 3174, 1988 WL 73928
...The lands surrounding the Battaglia property are also zoned low density residential. This zoning is consistent with growth management policies and plans of both Maitland and Orange County. Orange County's plan was adopted in 1980, and readopted in August of 1985, pursuant to section 163.3161....
...ice (1978) § 5-6. Admittedly, no effort by Orange County was made in this case to amend its Comprehensive Growth Management Plan. Nor was any effort made by Orange County to coordinate the rezoning with the City of Maitland, despite the mandates of section 163.3161, Chapter 163, and section 37-82, Special Act....
...Maitland did not, nor was it permitted to present de novo evidence to the circuit court on the merits of the rezoning issue. In all fairness, if this case must be reversed, it should not be reversed because of any improprieties regarding the certiorari record. [9] Section 163.3161, Florida Statutes, states: 163.3161 Short title; intent and purpose....
...e powers of municipal or county officials, but shall be interpreted as a recognition of their broad statutory and constitutional powers to plan for and regulate the use of land. It is further, the intent of the Legislature to reconfirm that sections
163.3161 through
163.3215 have provided and do provide the necessary statutory direction and basis for municipal and county officials to carry out their comprehensive planning and land development regulation powers, duties, and responsibilities....
CopyCited 14 times | Published | District Court of Appeal of Florida | 1990 WL 67338
...In order to resolve these issues, some background on the laws governing master plans must be provided. Dade County was required, pursuant to Florida's "Local Government Comprehensive Planning and Land Development Regulation Act," to adopt a comprehensive plan for future development applicable to all of Dade County. §§ 163.3161-.3215, Fla....
...(1989). The purpose of the act is "to protect human, environmental, social, and economic resources; and to maintain, through orderly growth and development, the character and stability of present and future land use and development in this state." § 163.3161(7), Fla. Stat. (1989). CDMP's are approved by the state and local governments, and developments undertaken or approved by local governments are required to be consistent with such master plans. §§ 163.3161, .3194, Fla....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 996, 1985 Fla. App. LEXIS 13536
...d said zoning change on February 15, 1983, was not an amendment to the land use element of said comprehensive plan adopted in accordance with the requirements pertaining to same set forth in the `Local Government Comprehensive Planning Act of 1975' (Section 163.3161, et seq., Florida Statutes)....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 1977 Fla. App. LEXIS 16317
...ma County v. City of Petaluma,
522 F.2d 897 (9th Cir.1975); Norbeck Village Joint Venture v. Montgomery County Council, 254 Md. 59, 254 A.2d 700 (1969); Golden v. Planning Board of the Town of Ramapo, 30 N.Y.2d 359, 334 N.Y.S.2d 138, 285 N.E.2d 291; Section
163.3161 et seq....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1995 WL 480974
...Further, there is no indication that a road or deep channel could have been built to allow for a more intense commercial use of the property. Against this backdrop, in 1988 the state legislature enacted the "Local Government Comprehensive Planning and Land Development Regulation Act." § 163.3161, et seq., Fla....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 9841, 2001 WL 814948
...ikelihood of success on the merits, because the agreement to refrain from annexation is unenforceable. Thus, the temporary injunction previously entered herein must be dissolved. (footnotes omitted) Ormond Beach suggests that the Legislature enacted § 163.3161, the Local Government Comprehensive Planning Act, to promote a comprehensive program for development in Florida, and that this legislation inferentially overruled City of Safety Harbor v....
...1st DCA 1998). A court has no authority, absent illegality or fraud, to enjoin a legislative act such as the power to annex. City of Miami Beach v. Kaiser,
213 So.2d 449 (Fla. 3d DCA 1968). We therefore must conclude that Safety Harbor has not been overruled by section
163.3161, and that any such pronouncement must come from the Legislature....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1989 WL 136817
...land, or that the multifamily zoning was so inappropriate as to be confiscatory or a disguised taking. That indeed might be an argument for another day. Graham. However, it was neither argued nor proven in this proceeding. I would reverse. NOTES [1] Section
163.3161, et seq., Florida Statutes (1987). [1] These reasons are a combination of the zoning board's considerations and the Resolution. The Resolution only makes reference to traffic flow. [2] Coral Reef Nurseries, Inc. v. Babcock Co.,
410 So.2d 648, 654 (Fla. 3d DCA 1982). [3] § § §
163.3161;
163.3194;
163.3202, Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1987 WL 494
...Maryland-National Capital Park & Planning Comm'n v. Mayor & Council of Rockville, 272 Md. 550, 325 A.2d 748 (Ct.App. 1974). The purpose of the statute is to accomplish, inter alia, orderly growth, protection of resources and stability of land use throughout the state. § 163.3161(7), Fla....
...Instead, it is a broad statement of a legislative objective "to protect human, environmental, social, and economic resources; and to maintain, through orderly growth and development, the character and stability of present and future land use and development in this state." § 163.3161(7), Fla....
...g of private property without due process or fair compensation. Even where there is some basis for consideration by the court pursuant to section
163.3194, its actions must be consistent with the overall purpose and intent of the Act as expressed in section
163.3161....
CopyCited 6 times | Published | District Court, M.D. Florida | 1989 U.S. Dist. LEXIS 16843, 1989 WL 126071
...City of Homewood,
671 F.2d 432, 440 (11th Cir. 1982) (relying on IBEW, Local 1245 v. PSC,
614 F.2d 206 (9th Cir.1980)). In Florida the resolution of local zoning disputes is left to the local governing body of each municipality. See Florida Statutes §
163.3161(8) (1987)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1983 Fla. App. LEXIS 19752
...Under chapter 73-594, once the PPC has adopted a countywide plan, the PPC must approve any change to the plan that is proposed by a unit of local government. Chapter 73-594, § 10, Laws of Florida. The PPC also functions as a local planning agency pursuant to section 163.3161 et seq., Florida Statutes (1981), the Local Government Comprehensive Planning Act ("LGCPA")....
...vent a local government from changing its plan. But, due to the PPC's power under chapter 73-594 to veto land use changes proposed by a local government, the role of the PPC is different from that of other local planning agencies created pursuant to section 163.3161....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 292
...Accordingly, the partial final judgment is reversed and the cause is remanded with directions to enter judgment for the appellant. SCHEB, A.C.J., and CAMPBELL, J., concur. NOTES [1] Appellant adopted its land use plan pursuant to the Local Government Comprehensive Planning Act of 1975, section 163.3161, Florida Statutes (1983)....
CopyCited 4 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 555, 1986 Fla. App. LEXIS 6633
proposal would be precluded as a matter of law. See §
163.3161(5), Fla.Stat. (1983); Marracci v. City of Scappoose
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1979 Fla. App. LEXIS 14999
...as unreasonable, arbitrary and unconstitutional. Henry Wolff is the owner of sixteen hundred acres of land located on North Kendall Drive, west of the area which is designated for development in the Dade County Master Plan and which is authorized by Section 163.3161 et seq., Florida Statutes (1977)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2002 WL 1049732
...nt Act of 1972, chapter 380, in order "to utilize and strengthen the existing role, processes, and powers of local governments in the *204 establishment and implementation of comprehensive planning programs to guide and control future development. " § 163.3161(2), Fla....
...Because I conclude that the Department's order before us approves a comprehensive plan that fails to comply with section
163.3177(6)(a), I would reverse. Accordingly, I respectfully dissent in part. NOTES [1] No issue has been raised as to the standing of appellants to bring this appeal. [2] §§
163.3161-.3245, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 14 Fla. L. Weekly 700, 1989 Fla. App. LEXIS 1384, 1989 WL 22556
...As to the city's claim to the exclusive right to serve the property in question under its municipal service zone, the commission noted that it is not bound by the city's ordinance extending its corporate power beyond its city limits, nor by a local comprehensive plan enacted under *180 section 163.3161, Florida Statutes, stating that the test was who was in the best position to provide the needed sewer service which the commission found to be the utility company rather than the city....
CopyCited 3 times | Published | Supreme Court of Florida | 1988 WL 34016
...The respondents filed a motion for summary recommended order, asserting that the DOT was precluded from relocating the proposed replacement bridge because the relocation site was inconsistent with the comprehensive plan of Ocean Ridge, enacted pursuant to section 163.3161, Florida Statutes (1985)....
...idges rests with the Department of Transportation, local governments are required to develop and adhere to comprehensive planning programs pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act (Act) (codified at section 163.3161-.3215), section 163.3161, Florida Statutes (1985)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...ended from time to time by the people of that county... . That land use planning is necessary for the health, safety, and welfare of all county residents is clear from another Florida statute, the Local Government Comprehensive Planning Act of 1975. Section 163.3161(3) of the Act declares: It is the intent of this act that its adoption is necessary so that local governments can preserve and enhance present advantages; encourage the most appropriate use of land, water, and resources, consistent w...
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 WL 1459775
...Their decision to do so constituted a perfectly valid election under the Florida Constitution. AFFIRMED IN PART and REVERSED IN PART. ORFINGER, J., and FALVEY, C., Associate Judge, concur. NOTES [1] Under the Local Government Comprehensive Planning and Land Development Regulation Act, §§
163.3161 to
163.3217, Fla....
...Once approved and adopted, all land use is controlled by the designation in the applicable comprehensive plan. Comprehensive plans are intended to "prevent the overcrowding of land and avoid undue concentration of population". . . and "conserve, develop, utilize, and protect natural resources. . . ." § 163.3161(3), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 595, 1986 Fla. App. LEXIS 6754
...responsibilities with respect to planning for water management and conservation, sufficient to give them an interest in any activity of the state or of the agencies of the state as may appear to affect those duties and responsibilities. See, e.g. §§
163.3161(3),
163.3177(6)(d), 373.196(1), (2) and (3), Fla....
...thority for granting or denying consumptive use permits, section
373.219, Florida Statutes (1983), the counties are required by statute to make plans for and carry out local efforts to conserve and manage the water resources within their boundaries. §
163.3161(3), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1993 WL 15600
...to be resolved on the evidence presented as to the individual parcels. See Glisson v. Alachua County,
558 So.2d 1030 (Fla. 1st DCA), rev. denied,
570 So.2d 1304 (Fla. 1990). I would therefore reverse. I do concur in the certified question. NOTES [1] §
163.3161, et seq., Fla....
CopyCited 1 times | Florida 2nd District Court of Appeal
...is derived from Article VIII, s 2(b) of the Florida
Constitution by way of the" home rule act of section
166.021). 4 There is
no language in article VIII, section 2(b), limiting a municipality's ability to
4 Numerous other statutes codify local government's power and
responsibility to regulate land. See, e.g., §§
163.3161, .3164, .3167,
.3202, §
166.033, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 12397, 2002 WL 1972268
...Interexchange Carriers Ass'n v. Clark,
678 So.2d 1267, 1270 (Fla.1996); Republic Media, Inc. v. Dep't of Transp.,
714 So.2d 1203 (Fla. 5th DCA 1998). The department's decision is also consistent with legislative policy on planning coordination expressed in the section
163.3161(4) provision that "the intent of this act [is] to encourage and assure cooperation between and among municipalities and counties." It is *992 also consistent with that portion of section
163.3171(3), Florida Statutes, which provides...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 1025
...led to a summary order. As the hearing officer perceived it, the DOT was barred from relocating the state road bridge, within the territorial limits of the municipality of Ocean Ridge, because Ocean Ridge had enacted a comprehensive plan pursuant to section 163.3161, Florida Statutes (1983)....
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
type and in the manner set out in this act.' Section
163.3161(5), F. S., provides: It is the intent
CopyPublished | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 13875
...It is the express purpose of the Local Government Comprehensive Planning and Land Development Regulation Act: [T]o utilize and strengthen the existing role, processes, and powers of local governments in the establishment and implementation of comprehensive planning programs to guide and control future development. See § 163.3161(2), Fla....
CopyPublished | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 2172, 1985 Fla. App. LEXIS 15889
County Code. The purpose of the LGCPA, as given in §
163.3161 Florida Statutes was to utilize and strengthen
CopyPublished | District Court of Appeal of Florida
cost judgment in Case Number 19-1530. 3See §
163.3161(1), Fla. Stat. (2018) (“This part shall be known
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
Code and the Florida Fire Prevention Code. Section
163.3161(5), Florida Statutes, however, sets forth
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
requirements of the act shall have been met. Section
163.3161(5), F.S., provides that It is the intent
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
Public Educational Facilities Construction. Section
163.3161, F.S., provides in part: It is the intent
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
municipalities in the state. See, s.
163.3167(2), F.S. Section
163.3161(5), F.S., provides: It is the intent
CopyPublished | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 77563, 2010 WL 3043923
...In response, the landowner argues (1) that a claim under Section 1983 requires no exhaustion of administrative remedies; (2) that, under both Florida and federal law, a landowner may assert a facial challenge to a regulation without exhausting administrative remedies; (3) that Section 163.3161(9), Florida Statutes, "evidences the Florida Legislature's intent that relief from adoption and enforcement of allegedly unconstitutional regulatory exaction schemes should be determined in a judicial, not an administrative proceedin...
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 18870
Government Comprehensive Planning Act of 1975, Section 163.-3161, et seq., Florida Statutes.
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
to guide and control future development. [Section
163.3161(2), F. S.] Thus, s.
163.3161, et seq., and
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
Comprehensive Planning and Land Development Act. 7 Section
163.3161(3), Fla. Stat. (1993). 8 Section
163.3177(6)(d)
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
(Fla. 1956); Dobbs v. Sea Isle Hotel, supra. Section
163.3161(5), F. S., of the act states it is the intent
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
to guide and control future development.' Section
163.3161(2). The act requires that each municipality
CopyAgo (Fla. Att'y Gen. 2006).
Published | Florida Attorney General Reports
functions as the local planning agency pursuant to section
163.3161, Florida Statutes. Section
163.3164, Florida
