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Florida Statute 163.3164 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS
Chapter 163
INTERGOVERNMENTAL PROGRAMS
View Entire Chapter
163.3164 Community Planning Act; definitions.As used in this act:
(1) “Adaptation action area” or “adaptation area” means a designation in the coastal management element of a local government’s comprehensive plan which identifies one or more areas that experience coastal flooding due to extreme high tides and storm surge, and that are vulnerable to the related impacts of rising sea levels for the purpose of prioritizing funding for infrastructure needs and adaptation planning.
(2) “Administration Commission” means the Governor and the Cabinet, and for purposes of this chapter the commission shall act on a simple majority vote, except that for purposes of imposing the sanctions provided in s. 163.3184(8), affirmative action shall require the approval of the Governor and at least three other members of the commission.
(3) “Affordable housing” has the same meaning as in s. 420.0004(3).
(4) “Agricultural enclave” means an unincorporated, undeveloped parcel that:
(a) Is owned by a single person or entity;
(b) Has been in continuous use for bona fide agricultural purposes, as defined by s. 193.461, for a period of 5 years prior to the date of any comprehensive plan amendment application;
(c) Is surrounded on at least 75 percent of its perimeter by:
1. Property that has existing industrial, commercial, or residential development; or
2. Property that the local government has designated, in the local government’s comprehensive plan, zoning map, and future land use map, as land that is to be developed for industrial, commercial, or residential purposes, and at least 75 percent of such property is existing industrial, commercial, or residential development;
(d) Has public services, including water, wastewater, transportation, schools, and recreation facilities, available or such public services are scheduled in the capital improvement element to be provided by the local government or can be provided by an alternative provider of local government infrastructure in order to ensure consistency with applicable concurrency provisions of s. 163.3180; and
(e) Does not exceed 1,280 acres; however, if the property is surrounded by existing or authorized residential development that will result in a density at buildout of at least 1,000 residents per square mile, then the area shall be determined to be urban and the parcel may not exceed 4,480 acres.
(5) “Antiquated subdivision” means a subdivision that was recorded or approved more than 20 years ago and that has substantially failed to be built and the continued buildout of the subdivision in accordance with the subdivision’s zoning and land use purposes would cause an imbalance of land uses and would be detrimental to the local and regional economies and environment, hinder current planning practices, and lead to inefficient and fiscally irresponsible development patterns as determined by the respective jurisdiction in which the subdivision is located.
(6) “Area” or “area of jurisdiction” means the total area qualifying under this act, whether this be all of the lands lying within the limits of an incorporated municipality, lands in and adjacent to incorporated municipalities, all unincorporated lands within a county, or areas comprising combinations of the lands in incorporated municipalities and unincorporated areas of counties.
(7) “Capital improvement” means physical assets constructed or purchased to provide, improve, or replace a public facility and which are typically large scale and high in cost. The cost of a capital improvement is generally nonrecurring and may require multiyear financing. For the purposes of this part, physical assets that have been identified as existing or projected needs in the individual comprehensive plan elements shall be considered capital improvements.
(8) “Coastal area” means the 35 coastal counties and all coastal municipalities within their boundaries.
(9) “Compatibility” means a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition.
(10) “Comprehensive plan” means a plan that meets the requirements of ss. 163.3177 and 163.3178.
(11) “Deepwater ports” means the ports identified in s. 403.021(9).
(12) “Density” means an objective measurement of the number of people or residential units allowed per unit of land, such as residents or employees per acre.
(13) “Developer” means any person, including a governmental agency, undertaking any development as defined in this act.
(14) “Development” has the same meaning as in s. 380.04.
(15) “Development order” means any order granting, denying, or granting with conditions an application for a development permit.
(16) “Development permit” includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land.
(17) “Downtown revitalization” means the physical and economic renewal of a central business district of a community as designated by local government, and includes both downtown development and redevelopment.
(18) “Floodprone areas” means areas inundated during a 100-year flood event or areas identified by the National Flood Insurance Program as an A Zone on flood insurance rate maps or flood hazard boundary maps.
(19) “Goal” means the long-term end toward which programs or activities are ultimately directed.
(20) “Governing body” means the board of county commissioners of a county, the commission or council of an incorporated municipality, or any other chief governing body of a unit of local government, however designated, or the combination of such bodies where joint utilization of this act is accomplished as provided herein.
(21) “Governmental agency” means:
(a) The United States or any department, commission, agency, or other instrumentality thereof.
(b) This state or any department, commission, agency, or other instrumentality thereof.
(c) Any local government, as defined in this section, or any department, commission, agency, or other instrumentality thereof.
(d) Any school board or other special district, authority, or governmental entity.
(22) “Intensity” means an objective measurement of the extent to which land may be developed or used, including the consumption or use of the space above, on, or below ground; the measurement of the use of or demand on natural resources; and the measurement of the use of or demand on facilities and services.
(23) “Internal trip capture” means trips generated by a mixed-use project that travel from one onsite land use to another onsite land use without using the external road network.
(24) “Land” means the earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.
(25) “Land development regulation commission” means a commission designated by a local government to develop and recommend, to the local governing body, land development regulations which implement the adopted comprehensive plan and to review land development regulations, or amendments thereto, for consistency with the adopted plan and report to the governing body regarding its findings. The responsibilities of the land development regulation commission may be performed by the local planning agency.
(26) “Land development regulations” means ordinances enacted by governing bodies for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other regulations controlling the development of land, except that this definition does not apply in s. 163.3213.
(27) “Land use” means the development that has occurred on the land, the development that is proposed by a developer on the land, or the use that is permitted or permissible on the land under an adopted comprehensive plan or element or portion thereof, land development regulations, or a land development code, as the context may indicate.
(28) “Level of service” means an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility.
(29) “Local government” means any county or municipality.
(30) “Local planning agency” means the agency designated to prepare the comprehensive plan or plan amendments required by this act.
(31) “Master development plan” or “master plan,” for the purposes of this act and 26 U.S.C. s. 118, means a planning document that integrates plans, orders, agreements, designs, and studies to guide development as defined in this section and may include, as appropriate, authorized land uses, authorized amounts of horizontal and vertical development, and public facilities, including local and regional water storage for water quality and water supply. The term includes, but is not limited to, a plan for a development under this chapter or chapter 380, a basin management action plan pursuant to s. 403.067(7), a regional water supply plan pursuant to s. 373.709, a watershed protection plan pursuant to s. 373.4595, and a spring protection plan developed pursuant to s. 373.807.
(32) “Mobility fee” means a local government fee schedule established by ordinance and based on the projects included in the local government’s adopted mobility plan.
(33) “Mobility plan” means an alternative transportation system mobility study developed by using a plan-based methodology and adopted into a local government comprehensive plan that promotes a compact, mixed use, and interconnected development served by a multimodal transportation system in an area that is urban in character, or designated to be urban in character, as defined in s. 171.031.
(34) “Newspaper of general circulation” means a newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.
(35) “New town” means an urban activity center and community designated on the future land use map of sufficient size, population, and land use composition to support a variety of economic and social activities consistent with an urban area designation. New towns shall include basic economic activities; all major land use categories, with the possible exception of agricultural and industrial; and a centrally provided full range of public facilities and services that demonstrate internal trip capture. A new town shall be based on a master development plan.
(36) “Objective” means a specific, measurable, intermediate end that is achievable and marks progress toward a goal.
(37) “Parcel of land” means any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or developer as land to be used, or developed as, a unit or which has been used or developed as a unit.
(38) “Person” means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.
(39) “Policy” means the way in which programs and activities are conducted to achieve an identified goal.
(40) “Projects that promote public transportation” means projects that directly affect the provisions of public transit, including transit terminals, transit lines and routes, separate lanes for the exclusive use of public transit services, transit stops (shelters and stations), office buildings or projects that include fixed-rail or transit terminals as part of the building, and projects which are transit oriented and designed to complement reasonably proximate planned or existing public facilities.
(41) “Public facilities” means major capital improvements, including transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational facilities.
(42) “Public notice” means notice as required by s. 125.66(2) for a county or by s. 166.041(3)(a) for a municipality. The public notice procedures required in this part are established as minimum public notice procedures.
(43) “Regional planning agency” means the council created pursuant to chapter 186.
(44) “Seasonal population” means part-time inhabitants who use, or may be expected to use, public facilities or services, but are not residents and includes tourists, migrant farmworkers, and other short-term and long-term visitors.
(45) “Sector plan” means the process authorized by s. 163.3245 in which one or more local governments engage in long-term planning for a large area and address regional issues through adoption of detailed specific area plans within the planning area as a means of fostering innovative planning and development strategies, furthering the purposes of this part and part I of chapter 380, reducing overlapping data and analysis requirements, protecting regionally significant resources and facilities, and addressing extrajurisdictional impacts. The term includes an optional sector plan that was adopted before June 2, 2011.
(46) “State land planning agency” means the Department of Commerce.
(47) “Structure” has the same meaning as in s. 380.031(19).
(48) “Suitability” means the degree to which the existing characteristics and limitations of land and water are compatible with a proposed use or development.
(49) “Transit-oriented development” means a project or projects, in areas identified in a local government comprehensive plan, that is or will be served by existing or planned transit service. These designated areas shall be compact, moderate to high density developments, of mixed-use character, interconnected with other land uses, bicycle and pedestrian friendly, and designed to support frequent transit service operating through, collectively or separately, rail, fixed guideway, streetcar, or bus systems on dedicated facilities or available roadway connections.
(50) “Transportation corridor management” means the coordination of the planning of designated future transportation corridors with land use planning within and adjacent to the corridor to promote orderly growth, to meet the concurrency requirements of this chapter, and to maintain the integrity of the corridor for transportation purposes.
(51) “Urban infill” means the development of vacant parcels in otherwise built-up areas where public facilities such as sewer systems, roads, schools, and recreation areas are already in place and the average residential density is at least five dwelling units per acre, the average nonresidential intensity is at least a floor area ratio of 1.0 and vacant, developable land does not constitute more than 10 percent of the area.
(52) “Urban redevelopment” means demolition and reconstruction or substantial renovation of existing buildings or infrastructure within urban infill areas, existing urban service areas, or community redevelopment areas created pursuant to part III.
(53) “Urban service area” means areas identified in the comprehensive plan where public facilities and services, including, but not limited to, central water and sewer capacity and roads, are already in place or are identified in the capital improvements element. The term includes any areas identified in the comprehensive plan as urban service areas, regardless of local government limitation.
(54) “Urban sprawl” means a development pattern characterized by low density, automobile-dependent development with either a single use or multiple uses that are not functionally related, requiring the extension of public facilities and services in an inefficient manner, and failing to provide a clear separation between urban and rural uses.
History.s. 3, ch. 75-257; s. 49, ch. 79-190; s. 10, ch. 81-167; s. 10, ch. 83-55; s. 2, ch. 85-55; s. 3, ch. 92-129; s. 2, ch. 93-206; s. 2, ch. 95-257; s. 22, ch. 95-280; s. 7, ch. 95-310; s. 2, ch. 98-176; s. 2, ch. 99-378; s. 1, ch. 2005-290; s. 3, ch. 2006-255; s. 1, ch. 2007-204; s. 2, ch. 2009-96; s. 2, ch. 2011-14; ss. 6, 80, ch. 2011-139; s. 59, ch. 2011-142; s. 21, ch. 2018-158; s. 30, ch. 2019-3; s. 26, ch. 2024-6; s. 1, ch. 2024-266.

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Amendments to 163.3164


Annotations, Discussions, Cases:

Cases Citing Statute 163.3164

Total Results: 78  |  Sort by: Relevance  |  Newest First

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Bd. of Cty. Com'rs of Brevard v. Snyder, 627 So. 2d 469 (Fla. 1993).

Cited 93 times | Published | Supreme Court of Florida | 1993 WL 391610

...s of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. Section 163.3164, Florida Statutes (1991), reads in pertinent part: (6) "Development order" means any order granting, denying, or granting with conditions an application for a development permit....
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3299 N. Fed. Hwy. v. Broward Cty. Com'rs, 646 So. 2d 215 (Fla. 4th DCA 1994).

Cited 19 times | Published | Florida 4th District Court of Appeal | 1994 WL 486627

...The statutory definition of what constitutes a "land-use regulation" does not answer the question of whether the fact that the ordinance requires these relatively minor changes in the interior of the building makes the ordinance a "land-use regulation." § 125.66(6), Fla. Stat. (ordinances that "affect the use of land") and § 163.3164(11), Fla....
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Lee Cnty. v. Sunbelt Equities, 619 So. 2d 996 (Fla. 2d DCA 1993).

Cited 18 times | Published | Florida 2nd District Court of Appeal | 1993 WL 154000

...Grubbs, 461 So.2d 160, 163 n. 2 (Fla.1st DCA). By contrast, Machado holds that strict scrutiny applies "to [all] cases addressing the consistency of a development order with a comprehensive plan, regardless of the direction of the change." Mitchell, at 89. [10] For example, § 163.3164(22), Fla....
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City of Jacksonville Beach v. Grubbs, 461 So. 2d 160 (Fla. 1st DCA 1984).

Cited 18 times | Published | Florida 1st District Court of Appeal | 9 Fla. L. Weekly 2516, 1984 Fla. App. LEXIS 16399

...development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such plan or element shall be consistent with such plan or element as adopted. "Development order" is defined in § 163.3164(5) to include "any order ... denying ... a development permit." Further, "development permit" includes "rezoning" under § 163.3164(6)....
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Fla. League of Cities, Inc. v. Admin. Com'n, 586 So. 2d 397 (Fla. 1st DCA 1991).

Cited 17 times | Published | Florida 1st District Court of Appeal

...submitted in complete form, that they be calculated using the January 31, 1989 date as the date of submission, when an incomplete plan was submitted. By a vote of 3 to 4, the Commission voted to adopt the harsher, staff recommended sanction. Because section 163.3164 requires that the imposition of sanctions requires the affirmative vote of the governor and at least three other members, the 3 to 4 vote, in which the governor was in the minority, was insufficient for any action....
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Martin Cnty. v. Yusem, 690 So. 2d 1288 (Fla. 1997).

Cited 16 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 156, 1997 Fla. LEXIS 322, 1997 WL 136419

...artment's minimum criteria rule, see § 163.3184(1)(b), Fla. Stat., then the matter is referred to the Administration Commission. See § 163.3184(9)(b), (10)(b), Fla. Stat. The Administration Commission, composed of the Governor and the Cabinet, see § 163.3164(1), Fla....
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Pinecrest Lakes, Inc. v. Shidel, 795 So. 2d 191 (Fla. 4th DCA 2001).

Cited 15 times | Published | Florida 4th District Court of Appeal | 2001 WL 1130885

...The statute leads off with a declaration that: "Any aggrieved or adversely affected party may maintain an action for injunctive or other relief against any local government to prevent such local government from taking any action on a development order, as defined in s. 163.3164, which materially alters the use or density or intensity of use on a particular piece of property that is not consistent *206 with the comprehensive plan adopted under this part." From the plain and obvious meaning of this text we discern...
...(2000) ("Each local government shall prepare a comprehensive plan of the type and in the manner set out in this act or shall prepare amendments to its existing comprehensive plan to conform it to the requirements of this part in the manner set out in this part."). [3] See § 163.3164(7) and (8), Fla....
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Caloosa Prop. Owners Ass'n v. Palm Beach Cnty. Bd., 429 So. 2d 1260 (Fla. 1st DCA 1983).

Cited 15 times | Published | Florida 1st District Court of Appeal

...§§ 14.202; 380.07(1), Fla. Stat. [6] Intervention was apparently accomplished pursuant to Florida Administrative Code Rule 27G-1.06. [7] The state land planning agency is the Bureau of Land and Water Management, Department of Veterans and Community Affairs. See, e.g., § 163.3164(18), Fla....
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Parker v. Leon Cnty., 627 So. 2d 476 (Fla. 1993).

Cited 15 times | Published | Supreme Court of Florida | 1993 WL 391612

...ugh development orders. — (1) Any aggrieved or adversely affected party may maintain an action for injunctive or other relief against any local government to prevent such local government from taking any action on a development order, as defined in s. 163.3164, which materially alters the use or density or intensity of use on a particular piece of property that is not consistent with the comprehensive plan adopted under this part....
...he local governmental comprehensive plan." (Emphasis added.) Further, the term "development order," referred to in section 163.3215(1), is defined as "any order granting, denying, or granting with conditions an application for a development permit," § 163.3164(6), Fla....
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Citrus Cnty. v. Halls River Dev., Inc., 8 So. 3d 413 (Fla. 5th DCA 2009).

Cited 10 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 2273, 2009 WL 722053

...Once a comprehensive plan has been adopted pursuant to Chapter 163, Part II, "all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such plan" must be consistent with that plan. § 163.3194(1)(a), Fla. Stat. (2005); see also § 163.3164(7), Fla....
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City of Jacksonville v. Wynn, 650 So. 2d 182 (Fla. 1st DCA 1995).

Cited 8 times | Published | Florida 1st District Court of Appeal | 1995 WL 49262

...eding or action for the determination of whether a local government's plan, or an element thereof, is in compliance with the Act. § 163.3184(13), Fla. Stat. The Department of Community Affairs, as the legislatively designated state planning agency, section 163.3164(20), Florida Statutes, must make an initial determination whether a local plan or amendment is in compliance with the Act....
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City of Coconut Creek v. City of Deerfield Beach, 840 So. 2d 389 (Fla. 4th DCA 2003).

Cited 7 times | Published | Florida 4th District Court of Appeal | 2003 WL 1239986

...[1] Counts II and III sought to enjoin the approval's enforcement *391 based on alleged substantive and procedural due process violations in the approval process. For the purposes of this proceeding, the parties agree that the site plan approval is a "development order" as defined by section 163.3164(7), Florida Statutes (2001); that the development order is required to be consistent with the comprehensive plan under section 163.3194(1)(a), Florida Statutes (2001); and that Coconut Creek is an "aggrieved or adversely affected par...
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Lutz Lake Fern Road Neighborhood Groups, Inc. v. Hillsborough Cnty., 779 So. 2d 380 (Fla. 2d DCA 2000).

Cited 7 times | Published | Florida 2nd District Court of Appeal | 2000 WL 783366

...hbors] the opportunity to utilize the thirty (30) day procedure set forth in section 163.3215(4), Florida Statutes. In addition, the Court finds that the actions taken by the County and the School Board constitute a "Development Order" as defined in section 163.3164(7), Florida Statutes....
...NOTES [1] Section 163.3215 provides, in relevant part: (1) Any aggrieved or adversely affected party may maintain an action for injunctive or other relief against any local government to prevent such local government from taking any action on a development order, as defined in s. 163.3164, which materially alters the use or density or intensity of use on a particular piece of property that is not consistent with the comprehensive plan adopted under this part....
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Edgewater Beach Owners Ass'n, Inc. v. Walton Cnty., 833 So. 2d 215 (Fla. 1st DCA 2002).

Cited 7 times | Published | Florida 1st District Court of Appeal | 2002 WL 31833708

...ous. A DRI development order is a "final local development order," just as a building permit or zoning decision is. See § 380.06(15), Fla. Stat. (1995) (setting forth the procedure for local government to follow in issuing a DRI development order); § 163.3164(7), Fla....
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Coastal Dev. of North Florida, Inc. v. City of Jacksonville Beach, 788 So. 2d 204 (Fla. 2001).

Cited 7 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 224, 2001 Fla. LEXIS 743, 2001 WL 360443

...Mitchell, Jr., is commended for his thorough analysis provided in his order granting certiorari. See Coastal Development of North Florida, Inc. v. City of Jacksonville Beach, No. 97-000079-AP (Fla. 4th Cir. Ct., order dated June 30, 1998). [7] See § 163.3164(20), Fla....
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Leon Cnty. v. Parker, 566 So. 2d 1315 (Fla. 1st DCA 1990).

Cited 6 times | Published | Florida 1st District Court of Appeal | 1990 WL 110282

...That section provides in pertinent part: (1) Any aggrieved or adversely affected party may maintain an action for injunctive or other relief against any local government to prevent such local government from taking any action on a development order, as defined in s. 163.3164, which materially alters the use or density or intensity of use on a particular piece of property that is not consistent with the comprehensive plan adopted under this part....
...rmity with the plain language of the statute. The term "development order," as used in subsection 1, is a statutorily defined term which means "any order granting, denying, or granting with conditions an application for a development permit." (e.s.) Section 163.3164(6), Florida Statutes (1989)....
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Bd. of Trs. v. SEMINOLE CTY. COM'RS, 623 So. 2d 593 (Fla. 5th DCA 1993).

Cited 6 times | Published | Florida 5th District Court of Appeal | 1993 WL 322966

...The order acknowledges that Miller Enterprises, owner of the property, specifically agrees to several conditions set out in the order. Both the county and Miller Enterprises executed the development order on February 7, 1992 and it then became a development plan "permitting the development of land." Section 163.3164(7), Fla....
...The state argues that because Miller Enterprises wanted changes to the development order initially issued by Seminole County, the development order was not effective until February 7, 1992 when both parties to the order had signed it. The term "Development Order" is defined in section 163.3164(6), Florida Statutes, as "any order granting, denying, or granting with conditions an application for a development permit." The definition contemplates that an application by a landowner can be granted with conditions such as was done in this case....
...the allowance of a "convenience store or other commercial use of the property." It is actually immaterial to the appellant's complaint as to what the conditions were in the order. The conditions were all part of a planned use as a convenience store. Section 163.3164 defines both a development order in subsection (6) and a development permit in subsection (7)....
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Bal Harbour Vill. v. City of North Miami, 678 So. 2d 356 (Fla. 3d DCA 1996).

Cited 6 times | Published | Florida 3rd District Court of Appeal | 1996 WL 180069

...for purposes of considering a motion to dismiss. See Fla.R.Civ.P. 1.130(b); Woolzy v. Government Employees Insurance Co., 360 So.2d 1153, 1154 (Fla. 3d DCA 1978). [2] Ordinance 888 was a "development order" within the meaning of the statute. See id. § 163.3164(7), (8)....
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Save the Homosassa River All., Inc. v. Citrus Cnty., 2 So. 3d 329 (Fla. 5th DCA 2008).

Cited 5 times | Published | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 16449, 2008 WL 4681167

...Regulation Act, "all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such plan" must be consistent with that plan. § 163.3194(1)(a), Fla. Stat. (2007); see also § 163.3164(7), Fla....
...ry, injunctive, or other relief against any local government to challenge any decision of such local government granting or denying an application for, or to prevent such local government from taking any action on, a development order, as defined in s. 163.3164, which materially alters the use or density or intensity of use on a particular piece of property which is not consistent with the comprehensive plan adopted under this part....
...sort's] project demands." [5] The Old Homosassa Redevelopment Area Plan is incorporated into the County's Land Development Code as section 4680. [6] The action underlying this appeal was brought pursuant to section 163.3215(3), Florida Statutes. [7] Section 163.3164(17), Florida Statutes (2007), provides that, as used in the Local Government Comprehensive Planning and Land Development Regulation Act, "[p]erson means an individual, corporation, governmental agency, business trust, estate, trust,...
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Emerald Acres Inv. v. BD. OF CTY. COM'RS, 601 So. 2d 577 (Fla. 1st DCA 1992).

Cited 5 times | Published | Florida 1st District Court of Appeal

...Section 163.3215 provides, in pertinent part: (1) Any aggrieved or adversely affected party may maintain an action for injunctive or other relief against any local government to prevent such local government from taking any action on a development order, as defined in s. 163.3164, which materially alters the use or density or intensity of use on a particular piece of property that is not consistent with the comprehensive plan adopted under this part....
...The statute provides for such an action in the following terms: (1) Any aggrieved or adversely affected party may maintain an action for injunctive or other relief against any local government to prevent such local government from taking any action on a development order, as defined in s. 163.3164, which materially alters the use or density or intensity of use on a particular piece of property that is not consistent with the comprehensive plan adopted under this part....
...NOTES [1] The matter was consolidated on appeal with Leon County v. Parker, 566 So.2d 1315 (Fla. 1st DCA 1990), because the two cases involved similar applications by developers for approval of preliminary subdivision plats and similar issues on appeal. [2] "Local government" means "any county or municipality." Section 163.3164(12), Florida Statutes (1989). [3] "Development order" is defined to mean "any order granting, denying, or granting with conditions an application for a development permit." "Development permit" is defined to include any subdivision approval. Section 163.3164(6) and (7), Florida Statutes (1989)....
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Rinker Materials Corp. v. Town of Lake Park, 494 So. 2d 1123 (Fla. 1986).

Cited 5 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 437

...ct. Section 163.3194 provides that all development undertaken by a local government must conform with its comprehensive plan. However, for purposes of this act, development is given the same meaning it has in section 380.04, Florida Statutes (1985). § 163.3164(5), Fla....
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Paedae v. Escambia Cnty., 709 So. 2d 575 (Fla. 1st DCA 1998).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1998 WL 107298

...other supplemental state relief. [1] *577 The interpretation of the zoning code which disallowed the use of appellants' property for mobile homes was not a legislative action, but rather in the nature of a denial of a development permit, pursuant to section 163.3164, Florida Statutes....
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Int'l Eateries of Am., Inc. v. Bd. of Cnty. Commissioners, 838 F. Supp. 580 (S.D. Fla. 1993).

Cited 3 times | Published | District Court, S.D. Florida | 1993 U.S. Dist. LEXIS 16703

...93-18 is invalid under several provisions of the Florida Statutes and the Florida Constitution. The four complaints are not uniform, however, and allege that the ordinance is invalid pursuant to different provisions. Nevertheless, all four complaints assert that the ordinance is invalid under sections 125.66(6), 163.3164(22), and 163.3194(2) of the Florida Statutes....
...Based on the foregoing, the Court concludes that it is not clear that TJR Holding controls the issue whether Ord. 93-18 falls within the purview of section 125.66(6). Rather the issue is unsettled under state law. The Court reaches the same conclusion with respect to sections 163.3164(22) and 163.3194(2)....
...93-18 constitutes "land development regulation". Defendants contend, under state law, it is settled that ordinances like Ord. 93-18 are not land development regulations. Defendants rely on their arguments made in connection with section 125.66(6). Under section 163.3164(22), "land development regulations" means: [O]rdinances enacted by governing bodies for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other regulations controlling the development of land ... Fla.Stat.Ann. § 163.3164(22) (emphasis added)....
...ment establishments, and the lighting therein, regulate land development. For the reasons set out in connection with section 125.66(6), the Court finds that the issue is unsettled as a matter of state law. As the applicability of sections 125.66(6), 163.3164(22), and 163.3194(2) to Ord....
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Poulos v. Martin Cnty., 700 So. 2d 163 (Fla. 4th DCA 1997).

Cited 3 times | Published | Florida 4th District Court of Appeal | 1997 WL 632047

...Section 163.3215, Florida Statutes (1995) states in part: (1) Any aggrieved or adversely affected party may maintain an action for injunctive or other relief against any local government to prevent such local government from taking any action on a development order, as defined in § 163.3164, which materially alters the use or density or intensity of use on a particular piece of property that is not consistent with the comprehensive plan adopted under this part....
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Wildlife Fed'n v. Collier Cnty., 819 So. 2d 200 (Fla. 1st DCA 2002).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2002 WL 1049732

...ly strengthen our conclusion that not only is the Department's construction of the statute not clearly erroneous, but, in fact, it is entirely consistent with the broad objectives of the Act. While the specific use of "agriculture" is not defined in section 163.3164, the definitional portion of the Act, the more general term, "land use," is, which refers to developments that have either occurred or will be proposed, or to uses that are permissible or permitted under a comprehensive plan. § 163.3164(12), Fla....
...n in a statement considering what effect, if any, the use contemplates future development, and if it does, the extent of the intensity of such use on local resources. As the Department explained in its final order, the definition of "development" in section 163.3164(6) "applies to impacts of development activities on natural resources, not to the requirement of depicting agricultural areas on the Future Land Use Map." The above provision simply refers to the definition of development furnished i...
...issue. In the final order under review, the Department concluded that local government comprehensive plans are not required to adopt an intensity standard for agricultural uses, explaining as follows: ... the exemption of agricultural uses from the Section 163.3164(6), Florida Statutes, definition of "development" applies to impacts of development activities on natural resources, not to the requirement of depicting agricultural areas on the Future Land Use Map....
...e legislature is requiring that the comprehensive plan address the intensity of land use regardless of the category of use. Agricultural use is not exempt from this requirement. It is certainly correct, as stated by the Department in its order, that section 163.3164(6) exempts agricultural use from the definition of "development." [5] This exclusion, however, is not dispositive of the issue before us. The terms "development" and "land use" are not synonymous under the Growth Policy Act. In the Growth Policy Act, section 163.3164(12) defines "land use" to include both development and other land uses....
...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. Stat. (1999). [3] § 380.06, Fla. Stat. (1999). [4] § 163.3184, Fla. Stat. (1999). [5] Section 163.3164(6) adopts the definition of development set forth in section 380.04. Section 380.04(3)(e) excludes from the definition of "development" "the use of any land for the purpose of growing ... agricultural or forestry products ... or for other agricultural purposes." [6] Section 163.3164(12), Florida Statutes (2000), defines "land use" to mean: "the development that has occurred on the land, the development that is proposed by a developer on the land, or the use that is permitted or permissible on the land under an a...
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Galaxy Fireworks, Inc. v. City of Orlando, 842 So. 2d 160 (Fla. 5th DCA 2003).

Cited 3 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 2401, 2003 WL 553980

...pect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other regulations controlling the development of land, except that this definition shall not apply in s. 163.3213. § 163.3164(23), Fla. Stat. In addition, this statute provides that "development" has the meaning given it in section 380.04. § 163.3164(6), Fla....
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Dep't of Transp. v. López Torres, 526 So. 2d 674 (Fla. 1988).

Cited 3 times | Published | Supreme Court of Florida | 1988 WL 34016

...Among the issues to be included in a community's plan are those issues addressing existing and proposed transportation routes. The intent of the Act was to encourage and assure coordination between state and local levels of government in planning and development activities. § 163.3164, Fla....
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Seminole Cnty. v. City of Winter Springs, 935 So. 2d 521 (Fla. 5th DCA 2006).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2006 WL 1459775

...At various stages of the process, votes are required by the local government's "governing body," including the final vote either approving or rejecting any proposed amendment. See § 163.3184, Fla. Stat. (2005). The Act expressly defines "governing body" as "the board of county commissioners of a county." § 163.3164(9), Fla....
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Atwater v. City of Weston, 64 So. 3d 701 (Fla. 1st DCA 2011).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 6320, 2011 WL 1634234

...The fourth defendant, the Secretary of State, also is not a proper party to the lawsuit for that official does not enforce Florida’s growth management laws. Rather, the Secretary of Community Affairs appears to be the responsible official, as the Department of Community Affairs is the state land planning agency. See § 163.3164(20), Fla....
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Key Biscayne v. Tesaurus Holdings, Inc., 761 So. 2d 397 (Fla. 3d DCA 2000).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 2000 WL 561000

...r element shall be consistent with such plan or element as adopted." § 163.3194(1)(a), Fla. Stat. (1999). The term "development order" is defined as "any order granting, denying, or granting with conditions an application for a development permit." § 163.3164(7), Fla. Stat. (1999). The term "development permit" includes any "official action of local government having the effect of permitting the development of land." § 163.3164(8), Fla....
...Therefore, when seeking approval from the Council of the site plan, it was the developer's burden to demonstrate that the plan complied with the Village's master plan. See Machado v. Musgrove, 519 So.2d 629, 635 (Fla. 3d DCA 1987). Approval of the site plan would have constituted approval of a development order as defined by section 163.3164(8); development orders must, under section 163.3194(1)(a), comply with the master plan....
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Payne v. City of Miami, 52 So. 3d 707 (Fla. 3d DCA 2010).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 18759, 2010 WL 4962859

...r acre, except that this limitation does not apply to small scale amendments described in sub-sub-sub-paragraph a.(l) that are designated in the local comprehensive plan for urban infill, urban redevelopment, or downtown revitalization as defined in s. 163.3164, urban infill and redevelopment areas designated under s....
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Graves v. Pompano Beach Ex Rel. City Com'n, 74 So. 3d 595 (Fla. 4th DCA 2011).

Cited 1 times | Published | Florida 4th District Court of Appeal

...(2009). The Act is to be "construed broadly to accomplish its stated purposes and objectives." § 163.3194(4)(b). A development order is defined as "any order granting, denying, or granting with conditions an application for a development permit." § 163.3164(7), Fla....
...A development permit "includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land." § 163.3164(8) (emphasis added). Pursuant to section 163.3164(6), "development" has the meaning given it in section 380.04 of "The Florida Environmental Land and Water Management Act of 1972," and is defined there as "the carrying out of any building activity ......
...POMPANO BEACH, FLA., CODE ORDINANCES § 157.01 (2009). While the City code cannot expand the statutory definition of development permit, we believe that its specific designation of a plat approval as a development permit is consistent with the plain language of section 163.3164(8) and with the liberal interpretation Chapter 163 must be given. Indeed, the list of development permits contained in section 163.3164(8) was not meant to be exhaustive as it was followed with the language "or any other official action ......
...having the effect of permitting the development of land." Since the City's plat approval "ha[s] the effect of permitting development," see POMPANO BEACH, FLA., CODE ORDINANCES § 157.01, it falls squarely within the Florida Statutes definition of a "development permit." See § 163.3164(8), Fla....
...ng little more than a map "was implicitly rejected in Kass v. Lewin, 104 So.2d 572, 579 (Fla. 1958)," where the supreme court "acknowledged that the legislature intended the plat act `to promote community planning.'" 430 So.2d at 963. In conclusion, section 163.3164 does not suggest that a development order is one which grants development rights only in the advanced stages of the development process or to a shovel-ready project....
...Our original opinion affirmed the trial court's order dismissing the appellants' complaint. We concluded that the City's plat approval is not a "development order" subject to challenge under section 163.3215, Florida Statutes (2009). Id. We based our conclusion upon the plain language definitions of section 163.3164: A development order is defined as "any order granting, denying, or granting with conditions an application for a development permit." § 163.3164(7)....
...A development permit includes "any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land." § 163.3164(8).......
...ies and uses. Id. at D779. The appellants' motion for rehearing nevertheless argues that the City's plat approval constitutes a "development order" under section 163.3215. The appellants base their argument not upon the plain language definitions of section 163.3164, but upon two other authorities: (1) our holding in City of Coconut Creek v....
...tion. Thus, Coconut Creek can have no bearing upon an interpretation of section 163.3125. Second, the City's definition of "development permit" also is inapplicable. Section 163.3215 specifically provides that a "development order" is "as defined in s. 163.3164": Any aggrieved or adversely affected party may maintain a de novo action for declaratory, injunctive, or other relief against any local government to challenge any decision of such local government granting or denying an application for, or to prevent such local government from taking any action on, a development order, as defined in s. 163.3164, which materially alters the use or density or intensity of use on a particular piece of property which is not consistent with the comprehensive plan. (emphasis added). A "development order," as defined in section 163.3164, is "any order granting, denying, or granting with conditions an application for a development permit." § 163.3164(7). A "development permit," as defined in section 163.3164, is "any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land." § 163.3164(8)....
...A "plat approval" is not included in that definition and, as we noted in our original opinion, the plat approval here, by itself, did not permit the development of land. The appellants' motion for rehearing ignores section 163.3215's use of the phrase "as defined in s. 163.3164." Instead, the appellants rely on the City's definitions of "development order" and "development permit." The City's definition of "development order" is the same as section 163.3164's definition. However, the City's definition of "development permit" contains one key difference from section 163.3164's definition....
...Fair Elections, Inc. v. Browning, 28 So.3d 880, 888 (Fla.2010) (citation and internal quotations omitted). Here, the two legislative enactments cannot co-exist. Section 163.3215 creates a cause of action limited to a development order "as defined in section 163.3164." Adding the City's definition of "development permit" to section 163.3164's definition broadens the cause of action beyond that which the legislature intended by its own words....
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Payne v. City of Miami, 913 So. 2d 1260 (Fla. 3d DCA 2005).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2005 WL 3054154

...vernment's adoption of the amendment. . . . § 163.3187(3)(a), Fla. Stat. (2004) (emphasis added). The key phrase here is "local government's adoption of the amendment." Id. In this statute, "`Local government' means any county or municipality." Id. § 163.3164(13)....
...[2] The error in the Department's analysis is that it read the statutory phrase "local government's adoption" to mean adoption by the City Commission. As already stated, the statute defines "local government" to mean the City itself, not the City Commission. See § 163.3164(13), Fla....
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Gilmore v. Hernando Cnty., 584 So. 2d 27 (Fla. 5th DCA 1991).

Cited 1 times | Published | Florida 5th District Court of Appeal | 1991 WL 111478

...es. [19] Summary judgment in appellees' favor, based on this record, was erroneous. NOTES [1] See City of Cape Canaveral v. Mosher, 467 So.2d 468 (Fla. 5th DCA 1985) (Cowart, J., concurring). [1] See, e.g., § 163.3215(4), Fla. Stat. (1987). [2] See § 163.3164(6) & (7), Fla....
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1000 Friends of Fla., Inc. v. St. Johns Cnty., 765 So. 2d 216 (Fla. 5th DCA 2000).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 9233, 2000 WL 1004643

...Under this subsection, an adversely affected person may maintain an action for injunctive and other relief in connection with a development order, but appellants concede that construction of water and sewer lines on existing rights-of-way is excluded from the definition of development. See §§ 163.3215(1), 163.3164, 380.04(3)(b). The appellants contend instead that they have standing to contest the project because it is a "public facility" within the meaning of section 163.3164(24), and, under section 163.3177(6)(a), a "public facility" must be included in the comprehensive plan....
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Lee v. St. Johns Cnty. Bd. of Cnty. Commissioners, 776 So. 2d 1110 (Fla. 5th DCA 2001).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 1230, 2001 WL 109132

comprehensive plan adopted under this part. Section 163.3164 defines “development order” and “development
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Arbor Props., Inc. v. Lake Jackson Prot. All., Inc., 51 So. 3d 502 (Fla. 1st DCA 2010).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 18620, 2010 WL 4967715

...velopment approval must comply with all applicable requirements of the Land Development Code. We note that state law defines a "development order" as "any order granting, denying, or granting with conditions an application for a development permit." § 163.3164(7), Fla....
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St. Johns Cnty. v. Dep't of Cmty. Affairs, 836 So. 2d 1034 (Fla. 5th DCA 2002).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2002 WL 31875008

...ve no means of preventing the construction of the lines by asserting a challenge to a development order under section 163.3215(1) of the Florida Statutes. They contended instead that, because the project was a "public facility" within the meaning of section 163.3164(24), the County should have amended its comprehensive plan to include the lines....
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Johnson v. Gulf Cnty., 26 So. 3d 33 (Fla. 1st DCA 2009).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 19943, 2009 WL 4912595

...and different lots. Accordingly, we reverse and remand for further proceedings consistent with this opinion. I. Factual and Procedural Background In Florida, each county must adopt a comprehensive plan for future development and growth, see sections 163.3164-.3215, Florida Statutes (2006), and obtain the approval of the Department of Community Affairs (DCA) with respect to its plan....
...ry, injunctive, or other relief against any local government to challenge any decision of such local government granting or denying an application for, or to prevent such local government from taking any action on, a development order, as defined in s. 163.3164, which materially alters the use or density or intensity of use on a particular piece of property which is not consistent with the comprehensive plan adopted under this part. Section 163.3164(6), Florida Statutes (2006) provides that "Development" has the same meaning as that term is given in section 380.04. Section 163.3164(7) defines "Development order" as meaning "any order granting, denying, or granting with conditions an application for a development permit." Section 380.04 provides in pertinent part: (1) The term "development" means the carrying ou...
...Development Permit: For purposes of this Code, a development permit is that official City/County document which authorizes the commencement of construction or land alteration without need for further application and approval... Gulf County, Florida, Unified Land Development Regulations § 2.00.03; see also § 163.3164(7) and (8), Fla....
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Preserve Palm Beach Political Action Comm. v. Town of Palm Beach, 50 So. 3d 1176 (Fla. 4th DCA 2010).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 19112, 2010 WL 5093247

...or map amendment that affects five or fewer parcels of land is prohibited. § 163.3167(12), Fla. Stat. (2009). [1] "Development order" is defined as "any order granting, denying, or granting with conditions an application for a development permit." § 163.3164(7), Fla....
...first contends that the 1979 Agreement is plainly not an order, which is commonly defined as a "command, direction, or instruction." [2] The Town of Palm Beach responds that the 1979 Agreement meets the definition of "development order" provided in section 163.3164(7) because only by the 1979 Agreement did the Town officially grant, with conditions, the developer's variance request....
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City of Cocoa Beach v. Vacation Beach, Inc., 852 So. 2d 358 (Fla. 5th DCA 2003).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 12205, 2003 WL 21946462

......" § 163.3213(2)(b), Fla. Stat. (2001). An "ordinance" is legislative action of the governing body. § 166.041(1)(a), Fla. Stat. (2001); City of Miami v. Rosen, 151 Fla. 677, 10 So.2d 307 (1942). "Governing body" in this case is the city council. § 163.3164(9), Fla....
...tent with the amendment). Having so concluded, we must next address City's alternative argument, that the charter amendments were not "adopted by the governing body." Appellee acknowledges that the phrase "governing body" refers to the city council. § 163.3164(9), Fla....
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Das v. Osceola Cnty., 715 So. 2d 1105 (Fla. 5th DCA 1998).

Cited 1 times | Published | Florida 5th District Court of Appeal | 1998 WL 472853

...If so, you must proceed pursuant to the provisions of section 163.3215, Florida Statutes, within 30 days. Section 163.3215 allows an "aggrieved party" to bring suit against a local government to prevent the latter from taking action on a development order. A development order as defined in section 163.3164 is an order granting, denying or granting with conditions, an application for a "development permit." A development permit "includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception...
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Ago (Fla. Att'y Gen. 1979).

Published | Florida Attorney General Reports

...S., provides: It is the intent of this act that adopted comprehensive plans shall have the legal status set out in this act and that no public or private development shall be permitted except in conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in conformity with this act. Section 163.3164 , F....
...S., providing definitions for the Comprehensive Planning Act, states that `[d]evelopment' shall have the meaning given it in s. 380.4(1), F. S., in which it in defined as `the carrying out of any building or mining operation or the making of any material change in the use or appearance of any structure or land . . . .' Section 163.3164 (19) states that `structure' shall have the meaning given it by s. 380.031 (17), which is `anything constructed, installed, or portable, the use of which requires a location on a parcel of land . . . .' `Development order' is defined in s. 163.3164 (5) to mean `any order granting, denying, or granting with conditions an application for a development permit.' And, in subsection (6), `[d]evelopment permit' is defined to include `any building permit, zoning permit, subdivision approval...
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Lake Rosa v. Bd. of Cnty. Com'rs, 911 So. 2d 206 (Fla. 5th DCA 2005).

Published | Florida 5th District Court of Appeal | 2005 WL 2318982

...This statute provides in pertinent part: Any aggrieved or adversely affected party may maintain an action for injunctive or other relief against any local government to prevent such local government from taking any action on a development order, as defined in s. 163.3164, which materially alters the use or density or intensity of use on a particular piece of property that is not consistent with the comprehensive plan adopted under this part. § 163.3215(1), Fla. Stat. (2001). Next, our analysis of the pertinent provisions of section 163.3164, Florida Statutes (2001), reveals that a building permit is a "development order." Finally, section 163.3194(1)(a), Florida Statutes (2001), requires that once a comprehensive plan has been adopted, "all development undertaken *209 b...
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Haines O'Neil, ind. & O'Neil Transp. etc v. Walton Cnty., a political etc., 149 So. 3d 699 (Fla. 1st DCA 2014).

Published | Florida 1st District Court of Appeal

...and [preclude] the proposed 2 Section 163.3215(3) specifically provides: Any aggrieved or adversely affected party may maintain a de novo action . . . against any local government to challenge any decision [granting] an application for . . . a development order, as defined in s. 163.3164, which materially alters the use or density or intensity of use on a particular piece of property which is not consistent with the comprehensive plan. 5 development in that area contrary to what is permitted by the Development Order....
...first opportunity to challenge the County’s approvals because the 2010 Order wasn’t a “development order.” Section 163.3215(3) only authorizes challenges to local decisions involving applications for “a development order, as defined in § 163.3164.” Under § 163.3164(15), “development order” refers to “any order granting, denying, or granting with conditions an application for a development permit.” (Emphasis added)....
...4th DCA 2011); Arbor Properties, Inc. v. Lake Jackson Prot. Alliance, Inc., 51 So. 3d 502 (Fla. 1st DCA 2010). The definition of “development permit” includes “any other official action of local government having the effect of permitting the development of land.” § 163.3164(16), Fla. Stat. (emphasis added). As recognized by the Fourth District in Graves, 74 So. 3d at 598, “development” is broadly construed and includes “any building activity” (§§ 163.3164(14), 380.04(1)), or “change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or...
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Beach v. Vill. North Palm Beach City Council, 682 So. 2d 164 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 9756, 1996 WL 525515

...cant to obtain a building permit and begin construction of the Target Store.” In addition, the Amended Verified Complaint farther alleged that “The certificate of appropriateness is a development order as such term is defined by Florida Statutes Section 163.3164(7).” Section 163.3215(4), Florida Statutes (1993), reads: (4) As a condition precedent to the institution of an action pursuant to this section, the complaining party shall first file a verified complaint with the local government...
...“final hearing.” The May 10,1995 final certificate of appropriateness was a development order which granted an application for a development permit which had the effect of permitting the development of land as such terms are defined by sections 163.3164(7) and (8), Florida Statutes (1993)....
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Judah Imhof, Richard Bullard, Beach To Bay Connection, Inc., & South Walton Cmty. Council, Inc. v. Walton Cnty., Florida, a political subdivision of the State of Florida, & Ashwood Holdings Florida, LLC, a Florida Ltd. Liab. Co. (Fla. 1st DCA 2021).

Published | Florida 1st District Court of Appeal

...ements between the project and Topsail Hill Preserve State Park; and 1 “Density” refers to “an objective measurement of the number of people or residential units allowed per unit of land, such as residents or employees per acre.” § 163.3164(12), Fla....
...y” because the first clause—in a way that makes sense—culls from the various types of development orders just a few types based on their effects on particular aspects of a comprehensive plan (viz. “use or density or intensity of use”). Cf. § 163.3164(15), Fla....
...follows: Any aggrieved or adversely affected party may maintain an action for injunctive or other relief against any local government to prevent such local government from taking any action on a development order, as defined in s. 163.3164, which materially alters the use or density or intensity of use on a particular piece of property that is not consistent with the comprehensive plan adopted under this part. § 163.3215(1), Fla....
..., the requirements listed in this subsection, the sole method by which an aggrieved and adversely affected party may challenge any decision of local government granting or denying an application for a development order, as defined in s. 163.3164, which materially alters the use or density or intensity of use on a particular piece of property, on the basis that it is not consistent with the comprehensive plan adopted under this part, is by an appeal filed by a peti...
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Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

adopted pursuant to s. 1013.37, Fla. Stat. 4 Section 163.3164(10)(d), Fla. Stat. 5 Racetrac Petroleum, Inc
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Santa Rosa Cnty. v. Admin. Comm'n, Div. of Admin. Hearings, 642 So. 2d 618 (Fla. Dist. Ct. App. 1994).

Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 8794, 1994 WL 496851

Administration Commission and found “not in compliance.” § 163.3164(1); § 163.3184, Fla.Stat. Even if the settlement
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Ago (Fla. Att'y Gen. 2007).

Published | Florida Attorney General Reports

com/intro.shtm. 5 See s. 163.3174(4), Fla. Stat. 6 Section 163.3164(9), Fla. Stat. 7 Section 163.3174(1)(b), Fla
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1000 Friends of Florida, Inc. v. Palm Beach Cnty., 69 So. 3d 1123 (Fla. 4th DCA 2011).

Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 15755, 2011 WL 4577746

...5th DCA 2000) (finding an issue abandoned where, even if briefs could be construed as raising the issue, the argument was not developed). [2] A "development order" is defined as an "order granting, denying, or granting with conditions an application for a development permit." § 163.3164(7), Fla. Stat. (2008). A "development permit" constitutes "any other official action of local government having the effect of permitting the development of land," such as rezoning, special exception, or variance. § 163.3164(8), Fla....
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Keene v. Zoning Bd. of Adjustment, 22 So. 3d 665 (Fla. 5th DCA 2009).

Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 16130, 2009 WL 3485968

...This is not an issue raised by the parties in the instant proceedings. Even the Wilsons admitted in the trial proceedings that "the permit purports to be a development order. . . ." Nevertheless, the SUP issued in this case is clearly a development order. Section 163.3164(7), Florida Statutes, specifically defines "development order" as "any order granting, denying, or granting with conditions an application for a development permit." Section 163.3164(8) defines "development permit" as an official action having the effect of permitting the development....
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Graves v. City of Pompano Beach ex rel. City Comm'n, 74 So. 3d 595 (Fla. 4th DCA 2011).

Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 18739

...The Act is to be “construed broadly to accomplish its stated purposes and objectives .” § 163.3194(4)(b). A development order is defined as “any order granting, denying, or granting with conditions an application for a development permit.” § 163.3164(7), Fla....
...A development permit “includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land.” § 163.3164(8) (emphasis added). Pursuant to section 163.3164(6), “development” has the meaning given it in section 380.04 of “The Florida Environmental Land and Water Management Act of 1972,” and is defined there as “the carrying out of any building activity ......
...Pompano Beach, Fla., Code Ordinances § 157.01 (2009). While the City code cannot expand the statutory definition of development permit, we believe that its specific designation of a plat approval as a development permit is consistent with the plain language of section 163.3164(8) and with the liberal interpretation Chapter 163 must be given. Indeed, the list of development permits contained in section 163.3164(8) was not meant to be exhaustive as it was followed with the language “or any other official action ......
...having the effect of permitting the development of land.” Since the City’s plat approval “ha[s] the effect of permitting development,” see Pompano Beach, Fla., Code Ordinances § 157.01, it falls squarely within the Florida Statutes definition of a “development permit.” See § 163.3164(8), Fla....
...e than a map “was implicitly rejected in Kass v. Lewin, 104 So.2d 572, 579 (Fla.1958),” where the supreme court “acknowledged that the legislature intended the plat act ‘to promote community planning.’ ” 430 So.2d at 963 . In conclusion, section 163.3164 does not suggest that a development order is one which grants development rights only in the advanced stages of the development process or to a shovel-ready project....
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Manny Seafood Corp. v. The City of Miami (Fla. 3d DCA 2023).

Published | Florida 3rd District Court of Appeal

...pality’s comprehensive plan. See § 163.3215(1), Fla. Stat. (2023). For the purposes of invoking this statute, a “[d]evelopment order” is “any order granting, denying or granting with conditions an application for a development permit.” § 163.3164(15), Fla....
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Taylor v. Ridge at the Bluffs Homeowner's Ass'n, 579 So. 2d 895 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4770, 1991 WL 86810

...sidential property beyond the capacity of private owners to maintain. This section shall not apply to patio railings in condominiums, cooperatives, or apartments. As written, this section regulates governing bodies, which, in turn, are defined under section 163.3164(8), Florida Statutes (1987), as follows: “Governing body” means the board of county commissioners of a county, the commission or council of an incorporated municipality, or any other chief governing body of a unit of local govern...
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Benson v. City of Miami Beach, 591 So. 2d 942 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4717, 1991 WL 82524

...es (1989), which provides that: The advertisement shall be published [a] in a newspaper of general paid circulation in the county and [b] of general interest and readership in the community, not one of limited subject matter, pursuant to Chapter 50. Section 163.3164(14), Florida Statutes (1989), defines a “newspaper of general circulation” as a newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not...
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Town of Ponce Inlet v. Pacetta, LLC, 63 So. 3d 840 (Fla. 5th DCA 2011).

Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 7250, 36 Fla. L. Weekly Fed. D 1092

...dment. This issue was significant because section *841 163.3167(12), Florida Statutes (2008), 2 prohibits local initiatives or referenda in regard to development orders or comprehensive amendments affecting five or fewer “parcels,” as defined by section 163.3164(16)....
...d officials of the municipality in a quasi-judicial process.”). Although the number of parcels involved an issue of fact, Pacetta submitted uncon-troverted evidence that its land constituted a single parcel as defined in the Growth Management Act. Section 163.3164(16), Florida Statutes (2008), defines “parcel of land” as: [A]ny quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or develop...
...wn for permits to construct the development; and, third, that a mixed-use development cannot qualify as a “parcel of land” because of its multiple intended uses. 3 We reject these arguments as inconsistent with the plain language of the statute. Section 163.3164(16) plainly defines “parcel” to include land “to be used, or developed, as a unit.” This language clearly contemplates consideration of a planned future use of *842 the property, does not require that the owner file applicati...
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Mullen v. Bal Harbour Vill., 241 So. 3d 949 (Fla. Dist. Ct. App. 2018).

Published | District Court of Appeal of Florida

conditions an application for a development permit.” § 163.3164(15), Fla. Stat. (2017). In 2011, the Florida
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Heine v. Lee Cnty., 221 So. 3d 1254 (Fla. 2d DCA 2017).

Published | Florida 2nd District Court of Appeal | 2017 WL 2821553, 2017 Fla. App. LEXIS 9484

resolution qualifies as a "development order.” See § 163.3164(15) (defining a "development order” as "any order
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Gilmore v. Hernando Cnty., 584 So. 2d 27 (Fla. 5th DCA 1991).

Published | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 6088

g., § 163.3215(4), Fla.Stat. (1987). . See § 163.3164(6) & (7), Fla.Stat. (1987). . § 163.3215(1)
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City of Boca Raton v. Cnty. of Palm Beach, 372 So. 2d 982 (Fla. Dist. Ct. App. 1979).

Published | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14966

unincorporated but designated and reserved lands. § 163.3164(1), Florida Statutes. That language is at the
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Advisory Opinion to the Attorney Gen. re Referenda Required for Adoption & Amendment of Local Gov't Comprehensive Land Use Plans, 938 So. 2d 501 (Fla. 2006).

Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 402, 2006 Fla. LEXIS 1336, 2006 WL 1699568

...In this case, all the terms alleged to be misleading are defined in the text of the initiative. Although some of the definitions are different from those provided in the “Local Government Comprehensive Planning and Land Development Regulation Act,” sections 163.3161, 163.3164-163.3217, Florida Statutes (2005), they are not misleading. 3 The Act does not provide a descriptive definition of a “comprehensive plan,” but instead defines the term as “a plan that meets the requirements of ss. 163.3177 and 163.3178.” § 163.3164(4), Fla....
...mprehensive land use plan and plan amendments after public notice and hearings and for making recommendations to the governing body of the local government regarding the adoption or amendment of a comprehensive land use plan.” (Emphasis supplied.) Section 163.3164(14), Florida Statutes (2005), defines “local planning agency” as “the agency designated to prepare the comprehensive plan or plan amendments required by this act.” (Emphasis supplied.) Although these definitions are not ident...
...It is so ordered. PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur. . In 2005, the Legislature amended several provisions of the Local Government Comprehensive Planning and Land Development Regulation Act, sections 163.3161, 163.3164-163.3217, Florida Statutes, that deal with public schools....
...concurrency requirement on a statewide basis. See § 163.3180(l)(a), Fla. Stat. (2005). . See art. IX, § 1, Fla. Const. . "Local Government” is defined the same in both the 2005 Proposed Amendment and the Act as a "county or municipality.” See § 163.3164(13), Fla....
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Town of Ponce Inlet v. Pacetta, LLC, 226 So. 3d 303 (Fla. 5th DCA 2017).

Published | Florida 5th District Court of Appeal | 2017 WL 2605150, 2017 Fla. App. LEXIS 8842

...3d 840 (Fla. 5th DCA 2011) (“Pacetta I”), this court affirmed the final summary judgment. We first addressed whether Pacetta’s sixteen acres of land were properly considered as ten separate parcels or one parcel. Pacetta I, 63 So. 3d at 840–42. Section 163.3164(16), Florida Statutes (2008), defined a “parcel of land” as: any quantity of land capable of being described with such definiteness that its locations and boundaries may be established,...
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Wilson v. Palm Beach Cnty., 62 So. 3d 1247 (Fla. 4th DCA 2011).

Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 8934, 2011 WL 2330077

...We reverse, however, as to the court's conclusion that the special permit conditions and setbacks did not limit farming operations, as genuine issues of material fact remain. We affirm the determination that the county ordinances are not preempted by the exclusion of agricultural uses from section 163.3164, Florida Statutes....
...impact farming operations. Finally, we affirm the trial court's conclusion that Chapter 163's definition of development, which excludes the use of land for agricultural purposes, does not preempt all local government regulation of agricultural uses. Section 163.3164(6) defines "development" by referencing section 380.04, which defines the term as "the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels." § 380.04(1), Fla....
...he use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes." § 380.04(3)(e), Fla. Stat. If agricultural uses are excluded, then the terms of section 163.3164, et seq., would not apply to them, because they do not constitute "development." Other statutes may restrict agricultural land uses....
...(nonresidential farm buildings are exempt from the Florida Building Code and any county or municipal building code); § 163.3162, Fla. Stat. (Agricultural Lands and Practices Act). But agricultural use is not within the definition of development and governed by Chapter 163.3164....
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Ago (Fla. Att'y Gen. 2001).

Published | Florida Attorney General Reports

..., requires that the surtax revenues be used to meet the county's infrastructure needs. 13 The term "public facilities" is not defined for purposes of Chapter 212 , Florida Statutes, but the term is used in a number of places throughout the statutes. Section 163.3164 , Florida Statutes, providing definitions for county and municipal planning and land development regulation, defines the term "[p]ublic facilities" as: "[M]ajor capital improvements, including, but not limited to, transportation, san...
...11 Section 212.055 (2)(d)2.a., Fla. Stat. 12 See , House of Representatives Committee on Community Affairs Staff Analysis on CS/CS/HB 1421, dated June 8, 1987. 13 See , Ops. Att'y Gen. Fla. 99-24 (1999), 95-73 (1995), 95-71 (1995), 94-46 (1994), and 92-81 (1992). 14 Section 163.3164 (24), Fla....
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Ago (Fla. Att'y Gen. 1985).

Published | Florida Attorney General Reports

the local government's comprehensive plan. Section 163.3164, F.S., was amended to provide, inter alia
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Seminole Tribe of Florida v. Hendry Cnty., 106 So. 3d 19 (Fla. 2d DCA 2013).

Published | Florida 2nd District Court of Appeal | 2013 WL 238231, 2013 Fla. App. LEXIS 781

...d have on water, ecotourism, and wildlife on the Reservation. 2 LDC section 1-53-5.4(1) provides as follows: “Only uses which ... are deemed by the board of county commissioners to be compatible with adjacent land uses may be approved as a PUD.” Section 163.3164(9), Florida Statutes (2011), defines “compatibility” as “a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negativ...
...nt project and the *24 Seminole Tribe’s use of the Reservation “can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by” the other. See § 163.3164(9)....
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Miami-Dade Cnty. v. Dep't of Cmty. Affairs, 54 So. 3d 633 (Fla. 1st DCA 2011).

Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 2512, 2011 WL 680346

...e Administration Commission, as provided in section 120.68(7), Florida Statutes, the Administration Commission’s final order is AFFIRMED. KAHN, PADOVANO, and CLARK, JJ„ concur. .The Administration Commission consists of the Governor and Cabinet. § 163.3164(1), Fla....
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Payne v. City of Miami, 53 So. 3d 258 (Fla. 3d DCA 2010).

Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 18682, 2010 WL 4962873

small scale amendment granted by the City. See § 163.3164(20), Fla. Stat. (2005) (defining the term “state
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City of Sarasota v. 35 S. LEMON INC., 722 So. 2d 268 (Fla. 2d DCA 1998).

Published | Florida 2nd District Court of Appeal | 1998 WL 879207

...n accordance with chapter 163, Florida Statutes (1995). The partial summary judgment further enjoined the City from enforcing the Noise Ordinance. In the order, the trial court sets forth the definition of "land development regulation" as defined in section 163.3164(23), Florida Statutes (1995), and emphasized that portion of the statute which provides that a land development regulation includes "the making of any material change in the use of or appearance of any structure or land." The court then cited this court's opinion in Lee County v....
...h required some businesses to close and relocate, sufficiently impacted a previously permitted land use and should have been reviewed by the local planning agency. See id. If the Noise Ordinance is a land development regulation within the meaning of section 163.3164(23), Florida Statutes (1995), then the ordinance was improperly enacted because the City failed to submit the proposed ordinance for review by the planning agency....
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Miami Sierra Club v. STATE ADMIN. COM'N, 721 So. 2d 829 (Fla. 3d DCA 1998).

Published | Florida 3rd District Court of Appeal | 1998 WL 876976

...This cause is therefore remanded to the Administration Commission with instructions to return it to Miami-Dade County for further consideration and studies consistent with the statutory scheme and this opinion. Reversed and remanded. NOTES [1] The Administration Commission consists of the Governor and the Cabinet of Florida. § 163.3164(1), Fla....
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Ago (Fla. Att'y Gen. 1985).

Published | Florida Attorney General Reports

Ch. 85-55, Laws of Florida. Cf., AGO 85-56. Section 163.3164(5), F.S., defines development order as any
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Ago (Fla. Att'y Gen. 2009).

Published | Florida Attorney General Reports

...Stat., allows court to look to similar or analogous statutory provisions which give effect to the same public policy underlying the Sunshine Law.); Op. Att'y Gen. Fla. 95-14 (1995) (definitions of terms in related statutes may be reviewed to determine meaning). 14 See ss. 125.0101 , Fla. Stat., 163.3164 (33)(d), Fla. Stat., providing definitions an including "water, wastewater, transportation, schools, and recreation facilities" within a list of public services; s. 163.3164 (24), Fla....
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Ago (Fla. Att'y Gen. 1989).

Published | Florida Attorney General Reports

3161(5), F.S. 4 Section 163.3161(7), F.S. 5 Section 163.3164(22), F.S. And see, s. 163.3213, F.S., which
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Kane v. Robbins, 524 So. 2d 1048 (Fla. 1st DCA 1988).

Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 860, 1988 Fla. App. LEXIS 1382, 1988 WL 28281

district and a special district. Compare section 163.-3164(9)(d), Florida Statutes (1985), which defines
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Ago (Fla. Att'y Gen. 1999).

Published | Florida Attorney General Reports

a number of times throughout the statutes. Section 163.3164, Florida Statutes (1998 Supplement), providing
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Ago (Fla. Att'y Gen. 2006).

Published | Florida Attorney General Reports

...y, making recommendations to the Town Commission for its final approval. However, section 7A-136(g), of the Code provides that the Planning and Zoning Board also functions as the local planning agency pursuant to section 163.3161 , Florida Statutes. Section 163.3164 , Florida Statutes, states that the "[l]ocal planning agency" is "the agency designated to prepare the comprehensive plan or plan amendments required by [the Local Government Comprehensive Planning and Land Development Regulation Act...
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Hillcrest Prop., LLP v. Pasco Cnty., 939 F. Supp. 2d 1240 (M.D. Fla. 2013).

Published | District Court, M.D. Florida | 2013 U.S. Dist. LEXIS 53325, 2013 WL 1502627

...ransportation corridors with land use planning within and adjacent to the corridor to promote orderly growth, to meet the concurrency requirements of this chapter, and to maintain the integrity of the corridor for transportation purposes. Fla. Stat. § 163.3164 (47)....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.