The 2023 Florida Statutes (including Special Session C)
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. . . or to prevent such local government from taking any action on, a development order, as defined in s. 163.3164 . . .
. . . ." § 163.3164(15), Fla. Stat. (2017). . . .
. . . See § 163.3164(15) (defining a "development order” as "any order granting, denying, or granting with . . .
. . . comprehensive plan amendments affecting five or fewer “parcels,” as that term is defined by section 163.3164 . . . Section 163.3164(16), Florida Statutes (2008), defined a “parcel of land” as: any quantity of land capable . . .
. . . 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 . . . other official action of local government having the effect of permitting the development of land.” § 163.3164 . . . Graves, 74 So.3d at 598, “development” is broadly construed and includes “any building activity” (§§ 163.3164 . . . government to challenge any decision [granting] an application for ... a development order, as defined in s.163.3164 . . .
. . . . § 163.3164(47). . . . .
. . . Section 163.3164(9), Florida Statutes (2011), defines “compatibility” as “a condition in which land uses . . . See § 163.3164(9). . . .
. . . We based our conclusion upon the plain language definitions of section 163.3164: A development order . . . The appellants base their argument not upon the plain language definitions of section 163.3164, but upon . . . Section 163.3215 specifically provides that a “development order” is “as defined in s. 163.3164”: Any . . . conditions an application for a development permit.” § 163.3164(7). . . . The City’s definition of “development order” is the same as section 163.3164’s definition. . . . .” § 163.3164(7), Fla. Stat. (2009). . . . .” § 163.3164(8) (emphasis added). . . . Pursuant to section 163.3164(6), “development” has the meaning given it in section 380.04 of “The Florida . . . Indeed, the list of development permits contained in section 163.3164(8) was not meant to be exhaustive . . . See § 163.3164(8), Fla. Stat. . . .
. . . .” § 163.3164(7), Fla. Stat. (2008). . . . . § 163.3164(8), Fla. Stat. (2008). . . . .
. . . determination that the county ordinances are not preempted by the exclusion of agricultural uses from section 163.3164 . . . Section 163.3164(6) defines “development” by referencing section 380.04, which defines the term as “the . . . If agricultural uses are excluded, then the terms of section 163.3164, et seq., would not apply to them . . . But agricultural use is not within the definition of development and governed by Chapter 163.3164. . . .
. . . development orders or comprehensive amendments affecting five or fewer “parcels,” as defined by section 163.3164 . . . Section 163.3164(16), Florida Statutes (2008), defines “parcel of land” as: [A]ny quantity of land capable . . . Section 163.3164(16) plainly defines “parcel” to include land “to be used, or developed, as a unit.” . . .
. . . See § 163.3164(20), Fla. Stat. See also §§ 163.3184(6), 380.032, Fla. Stat. . . .
. . . . § 163.3164(1), Fla. Stat. . . . .
. . . .” § 163.3164(7), Fla. Stat. (2009). . . . Beach responds that the 1979 Agreement meets the definition of “development order” provided in section 163.3164 . . .
. . . See § 163.3164(20), Fla. . . . comprehensive plan for urban infill, urban redevelopment, or downtown revitalization as defined in s. 163.3164 . . .
. . . See § 163.3164(20), Fla. . . . Fla.1993) (stating that “an order granting or denying rezoning constitutes a development order”); § 163.3164 . . . any order granting, denying or granting with conditions an application for a development permit”); § 163.3164 . . . other official action of local government having the effect of permitting the development of land”); § 163.3164 . . . comprehensive plan for urban infill, urban redevelopment, or downtown revitalization as defined in s. 163.3164 . . . comprehensive plan for urban infill, urban redevelopment, or downtown revitalization as defined in s. 163.3164 . . .
. . . .” § 163.3164(7), Fla. Stat. . . .
. . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . .
. . . Florida, each county must adopt a comprehensive plan for future development and growth, see sections 163.3164 . . . or to prevent such local government from taking any action on, a development order, as defined in s. 163.3164 . . . Section 163.3164(6), Florida Statutes (2006) provides that “Development” has the same meaning as that . . . Section 163.3164(7) defines “Development order” as meaning "any order granting, denying, or granting . . . application and approval Gulf County, Florida, Unified Land Development Regulations § 2.00.03; see also § 163.3164 . . .
. . . Section 163.3164(7), Florida Statutes, specifically defines "development order" as "any order granting . . . Section 163.3164(8) defines "development permit" as an official action having the effect of permitting . . .
. . . Stat. (2005); see also § 163.3164(7), Fla. Stat. (2005). . . .
. . . Stat. (2007); see also § 163.3164(7), Fla. Stat. (2007). . . . or to prevent such local government from taking any action on, a development order, as defined in s. 163.3164 . . . Section 163.3164(17), Florida Statutes (2007), provides that, as used in the Local Government Comprehensive . . .
. . . or to prevent such local government from taking any action on, a development order, as defined in s. 163.3164 . . .
. . . the “Local Government Comprehensive Planning and Land Development Regulation Act,” sections 163.3161, 163.3164 . . . but instead defines the term as “a plan that meets the requirements of ss. 163.3177 and 163.3178.” § 163.3164 . . . Section 163.3164(14), Florida Statutes (2005), defines “local planning agency” as “the agency designated . . . the Local Government Comprehensive Planning and Land Development Regulation Act, sections 163.3161, 163.3164 . . . See § 163.3164(13), Fla. Stat. (2005). . . .
. . . .” § 163.3164(9), Fla. Stat. (2005). . . .
. . . or to prevent such local government from taking any action on, a development order, as defined in s. 163.3164 . . .
. . . . § 163.3164(13). Thus, in this case “local government” means the City of Miami. . . . See § 163.3164(13), Fla. Stat. . . .
. . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . . Next, our analysis of the pertinent provisions of section 163.3164, Florida Statutes (2001), reveals . . .
. . . See §§ 163.3194(1) & (2); 163.3164(6) & (23), Fla. Stat. . . .
. . . . § 163.3164(9), Fla. Stat. (2001). . . . Appellee acknowledges that the phrase “governing body” refers to the city council. § 163.3164(9), Fla . . .
. . . proceeding, the parties agree that the site plan approval is a “development order” as defined by section 163.3164 . . .
. . . . § 163.3164(23), Fla. Stat. . . . . § 163.3164(6), Fla. Stat. . . .
. . . They contended instead that, because the project was a “public facility” within the meaning of section 163.3164 . . .
. . . (setting forth the procedure for local government to follow in issuing a DRI development order); § 163.3164 . . .
. . . for agricultural uses, explaining as follows: ... the exemption of agricultural uses from the Section 163.3164 . . . It is certainly correct, as stated by the Department in its order, that section 163.3164(6) exempts agricultural . . . In the Growth Policy Act, section 163.3164(12) defines “land use” to include both development and other . . . Section 163.3164(6) adopts the definition of development set forth in section 380.04. . . . Section 163.3164(12), Florida Statutes (2000), defines "land use” to mean: "the development that has . . . While the specific use of “agriculture” is not defined in section 163.3164, the definitional portion . . . occurred or will be proposed, or to uses that are permissible or permitted under a comprehensive plan. § 163.3164 . . . As the Department explained in its final order, the definition of “development” in section 163.3164(6 . . .
. . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . . See § 163.3164(7) and (8), Fla. . . .
. . . See § 163.3164(20), Fla. Stat. (1995). . See §§ 163.3161-.3243, Fla. Stat. (1995), et. seq. . . . .
. . . case is to determine which orders are development orders and reviewable under section 163.3215 and 163.3164 . . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . . Section 163.3164 defines “development order” and “development permit” as follows: (7) “Development order . . .
. . . See §§ 163.3215(1), 163.3164, 380.04(3)(b). . . . have standing to contest the project because it is a “public facility” within the meaning of section 163.3164 . . .
. . . actions taken by the County and the School Board constitute a “Development Order” as defined in section 163.3164 . . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . .
. . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . .
. . . government to prevent such local government from taking any "action on a development order, as defined in s. 163.3164 . . .
. . . .” § 163.3164(7), Fla. Stat. (1999). . . . .” § 163.3164(8), Fla. Stat. (1999). . . . Approval of the site plan would have constituted approval of a development order as defined by section 163.3164 . . .
. . . See § 163.3164(7), Fla. Stat. (1993). . . .
. . . some sympathy with Matanzas’ argument, and indeed there may be an oversight with regard to sections 163.3164 . . .
. . . order, the trial court sets forth the definition of “land development regulation” as defined in section 163.3164 . . . If the Noise Ordinance is a land development regulation within the meaning of section 163.3164(23), Florida . . .
. . . . § 163.3164(1), Fla. Stat. (1997). . . .
. . . A development order as defined in section 163.3164 is an order granting, denying or granting with conditions . . .
. . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . .
. . . legislative action, but rather in the nature of a denial of a development permit, pursuant to section 163.3164 . . .
. . . Both chapter 163.3164(4) and the Citrus County Code, adopted pursuant to chapter 163 deal with regulations . . . Stat. (1995). . §§ 163.3164(23); 163.3201, Fla. Stat. . State v. . . .
. . . government to prevent such local government from taking any action on a development order, as defined in § 163.3164 . . .
. . . VII, which alleged that the ordinance is a “land development regulation,” as defined in subsection 163.3164 . . . Subsection 163.3164(11) defines “land” as “the earth, water, and air, above, below, or on the surface . . . ...” and subsection 163.3164(22) defines “land development regulations” as ordinances enacted for the . . . The term “development” is defined in subsection 163.3164(5) as having “the meaning given it in s. 380.04 . . .
. . . The Administration Commission, composed of the Governor and the Cabinet, see § 163.3164(1), Fla. . . .
. . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . . Subsection 163.3164(7) defines "development order” as "any order granting, denying, or granting with . . .
. . . here, that the certificate of appropriateness is a development order within the definition of section 163.3164 . . . certificate of appropriateness is a development order as such term is defined by Florida Statutes Section 163.3164 . . . permit which had the effect of permitting the development of land as such terms are defined by sections 163.3164 . . .
. . . . § 163.3164(7), (8). . . . .
. . . The Department of Community Affairs, as the legislatively designated state planning agency, section 163.3164 . . .
. . . .” § 163.3164(1); § 163.3184, Fla.Stat. . . .
. . . (ordinances that “affect the use of land”) and § 163.3164(11), Fla. Stat. . . .
. . . .-66(6), 163.3164(22), and 163.3194(2) of the Florida Statutes. . . . The Court reaches the same conclusion with respect to sections 163.3164(22) and 163.3194(2). . . . Under section 163.3164(22), “land development regulations” means: [Ordinances enacted by governing bodies . . . Fla.Stat.Ann. § 163.3164(22) (emphasis added). . . . As the applicability of sections 125.-66(6), 163.3164(22), and , 163.3194(2) to Ord. 93-18 is unsettled . . .
. . . Section 163.3164, Florida Statutes (1991), reads in pertinent part: (б) “Development order” means any . . .
. . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . . any order granting, denying, or granting with conditions an application for a development permit,” § 163.3164 . . .
. . . Section 163.3164(7), Fla.Stat. (1991). . . . The term “Development Order” is defined in section 163.3164(6), Florida Statutes, as “any order granting . . . Section 163.3164 defines both a development order in subsection (6) and a development permit in subsection . . .
. . . For example, § 163.3164(22), Fla.Stat. (1991), defining "land development regulations,” implies the persistence . . .
. . . . §§ 163.3184(3)(a); 163.3164(8), Fla.Stat. . . .
. . . to prevent such local government from taking any action on a development order, , as defined in s. 163.3164 . . . Section 163.3164(12), Florida Statutes (1989). . . . . Section 163.3164(6) and (7), Florida Statutes (1989). . . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . .
. . . . §§ 163.3164(19), 163.-3167(2), Fla.Stat. (1987). . . .
. . . Because section 163.3164 requires that the imposition of sanctions requires the affirmative vote of the . . .
. . . See § 163.3164(6) & (7), Fla.Stat. (1987). . § 163.3215(1), Fla.Stat. (1987). . § 163.3215(3)(b), Fla.Stat . . .
. . . As written, this section regulates governing bodies, which, in turn, are defined under section 163.3164 . . .
. . . Section 163.3164(14), Florida Statutes (1989), defines a “newspaper of general circulation” as a newspaper . . .
. . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . . Section 163.3164(6), Florida Statutes (1989). . . .
. . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . .
. . . . § 163.3164, Fla.Stat. (1985). . . .
. . . See also § 163.3164(9)(d), Fla. Stat. (1985). . . . .” § 163.3164(9)(d), Fla. Stat. (1985). . . .
. . . . § 163.3164(5), Fla.Stat. (1985). . . .
. . . The State of Florida, Department of Community Affairs, pursuant to sections 163.3164(18) and 380.07, . . .
. . . "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). . . . .
. . . pollution permit is a “development order” is completely belied by the definition of that term in Sec. 163.3164 . . .
. . . See, e.g., § 163.3164(18), Fla.Stat.; Fla.Admin.Code Rule 27F-1.01(5). . See Note 3. . . . .
. . . . § 163.3164(1), Florida Statutes. That language is at the focus of the dispute here. . . . Although that decision appears eminently sensible, it appears to directly conflict with Section 163.3164 . . . When you put the provisions of Sections 163.3164(1) and 163.3211 together you Aave the legislature stating . . . express provisions of the legislature must prevail and I cannot ignore the clear language of Section 163.3164 . . .