The 2023 Florida Statutes (including Special Session C)
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. . . Second, the trial court held that Plaintiffs could not prevail because Petition 82 violated section 163.3167 . . . provided: "An initiative or referendum process in regard to any development order is prohibited." § 163.3167 . . . The legislative prohibition in section 163.3167(8)(a) tackles the issue of whether an individual's property . . . Petition 82 conflicts with section 163.3167(8)(a). . . . The Village asserted that Petition 82 violates section 163.3167(8)(a) of the Florida Statutes. . . .
. . . Halls River Dev., Inc., 8 So.3d 413, 420 (Fla. 5th DCA 2009) (citing § 163.3167(1), Fla Stat. (2005); . . . ordinance affected, only its singular sixteen-acre parcel, of property and, thus, violated section 163.3167 . . . Town of Palm Beach, 50 So.3d 1176, 1179 (Fla. 4th DCA 2010) (“Section 163.3167(12) rightfully protects . . . affected five or fewer parcels, the trial court correctly determined that the referendum violated section 163.3167 . . .
. . . the declaratory judgment in favor of the appel-lees, which interpreted a 2012 amendment to section 163.3167 . . . At the time the appellees initiated their petition, section 163.3167(8), Florida Statutes (2011) (“the . . . As became effective on April 6, 2012, however, the Legislature amended section 163.3167(8) (the “2012 . . . To support its ruling, the trial court traced section 163.3167(8)’s legislative history, recognizing . . . See § 163.3167(8), Fla. Stat. (2011). . . .
. . . affirmatively to do; and that the ballot question was unconstitutional because it was in violation of section 163.3167 . . . Finally, the appellants argue that the proposed charter amendment is invalid because it violates section 163.3167 . . . Because the proposed amendment does not involve or require a comprehensive plan amendment, section 163.3167 . . .
. . . . § 163.3167. . . .
. . . This issue was significant because section 163.3167(12), Florida Statutes (2008), prohibits local initiatives . . . Section 163.3167(12) rightfully protects the small landowner from having to submit her development plans . . . affected five or fewer parcels, the trial court correctly determined that the referendum violated section 163.3167 . . . sense to hold the ordinance invalid as well — as this would be the only way to give effect to section 163.3167 . . . — and the referendum and ordinance were properly held invalid — based on the application of section 163.3167 . . .
. . . constitutionality of the proposed amendment based on whether the amendment conflicted with section 163.3167 . . . Section 163.3167(12), Floi-ida Statutes, provides in part: An initiative or x-efei-endum process in regard . . . The legislative history of section 163.3167(12) does not provide any guidance as to the purpose of the . . . In other words, this amendment seeks to do the very thing prohibited by section 163.3167(12). . . . Section 163.3167(12) rightfully protects the small landowner from having to submit her development plans . . .
. . . See § 163.3167(1), Fla. Stat. (2004). . . . the water supply sources necessary to meet and achieve existing and projected water use demands. § 163.3167 . . .
. . . . § 163.3167(2), Fla. Stat. (2009). . . .
. . . See Halls River, 8 So.3d at 420-21 (citing § 163.3167(1), Fla. Stat. (2005), and Machado v. . . .
. . . . § 163.3167(1), Fla. Stat. (2005); Machado v. Musgrove, 519 So.2d 629, 631-32 (Fla. 3d DCA 1987). . . .
. . . See also § 163.3167, Fla. Stat. (2007). . . .
. . . The availability of the Charter’s referendum process turned on interpretation of section 163.3167(12) . . . Section 163.3167(12) provides: “An initiative or referendum process in regard to any development order . . . Section 163.3167(12) prohibits the referendum process in situations where amendments affect five or fewer . . . parcel of property only and therefore an initiated or referendum process is prohibited under section 163.3167 . . .
. . . otherwise prohibited by Florida Statutes including but not limited to Florida Statutes [sic] Section 163.3167 . . . , which Plan or Plan Amendment affects five or fewer parcels as defined in Florida Statutes Section 163.3167 . . . The City relies on section 163.3167(12), which provides: An initiative or referendum process in regard . . . See § 163.3167(12), Fla. . . . Section 163.3167(2) authorizes the Administration Commission to impose sanctions on a local government . . .
. . . See § 163.3167(12), Fla. . . . Although the initiative would override section 163.3167(12) with respect to plan amendments that affect . . . Section 163.3167(12) was not amended during the 2005 legislative session. . . . Section 163.3167(1) of the Act provides that local governments “shall have the power and responsibility . . .
. . . See §§ 163.3174(1); 163.3167(1), Fla. Stat. . . .
. . . . : See § 163.3167(12), Fla. . . . Although the initiative would override section 163.3167(12) with respect to plan amendments that affect . . .
. . . .” § 163.3167(8), Fla. Stat. (2001). . . . In this case, the precise issue is whether the vested rights created by section 163.3167(8) inure to . . . The county allowed these changes based upon the developers’ vested rights under section 163.3167(8). . . . We determined that section 163.3167(8) “is clear and unambiguous and should be given its plain meaning . . . We observed that section 163.3167(8) provides to developers vested rights to complete “any development . . . See § 163.3167(8), Fla. Stat. (2001). . . . the relevant statutes we must read in pari materia are sections 380.06(19)(f)6, 163.3194(l)(a), and 163.3167 . . . Section 163.3167(8), Florida Statutes (2001) provides: “Nothing in this act shall limit or modify the . . . See § 163.3167(8), Fla. Stat. (2001). . . .
. . . . § 163.3167(8). . . . The majority attempts to justify its rationale based on the absence of a comma in section 163.3167(8) . . . This case aptly illustrates the dangers inherent in misapplying section 163.3167(8). . . . Section 163.3167(8) provides as follows: (8) Nothing in this act shall limit or modify the rights of . . . First, section 163.3167(8) does not enumerate a series. . . . Grand Dunes and KPM responded that their rights to complete development vested under section 163.3167 . . . We review the trial court’s interpretation of section 163.3167(8) de novo. See Execu-Tech Bus. . . . Applying that standard here, the language of section 163.3167(8) is clear and unambiguous and should . . . If the specific reference to DRI development orders in section 163.3167(8) is to be given effect, it . . . Furthermore, the legislative history of section 163.3167 supports our interpretation. . . .
. . . See § 163.3167(2), Fla. . . .
. . . . § 163.3167(l)(b), Fla. Stat. (1997). . . .
. . . . §§ 163.3167(2), Fla. Stat. (1995); 163.3202, Fla. Stat. (1995). . §§ 163.3164(23); 163.3201, Fla. . . .
. . . In 1990 Leon County adopted the Leon County Comprehensive Land Use Plan pursuant to § 163.3167, Fla.Stat . . .
. . . The plan and ordinance were adopted in 1990 pursuant to section 163.3167, Florida Statutes. . . .
. . . prevails in its appeal of the city’s decision to deny the extension, are vested pursuant to section 163.3167 . . .
. . . See, e.g., §§ 163.3167(1), 163.3177(1), and 163.3177(6)(a), Fla.Stat. (1991), all of which are distinctly . . .
. . . See § 163.3167, Fla.Stat. . . . .
. . . . § 163.3167(1), Fla.Stat. (1985); Southwest Ranches Homeowners Ass’n v. . . .
. . . Florida Statutes, Sec. 163.3167(2) and 163.3184(ll)(a) unlawfully delegate the uniquely legislative power . . . III) Sections 163.3167(2) and 163.-3184(ll)(a), Florida Statutes, are unlawful delegations of legislative . . . Section 163.3167(2) provides that the local government submit a “complete proposed comprehensive plan . . . The pertinent portion of section 163.3167(2)(b) provides: Any county or municipality that fails to meet . . . In their final point addressed to the rule challenge, appellants argue that sections 163.3167(2) and . . .
. . . . § 163.3167, Fla.Stat. (1985); Ord. 37-82 I-II; Borough of Cresskitl v. . . .
. . . . § 163.3167(1), Fla.Stat. (1985); Southwest Ranches Homeowners Ass’n v. . . .
. . . . § 163.3167(1). . . .
. . . new location, we find: (1) The DOT depends heavily on its choice to relocate on the fact that section 163.3167 . . .
. . . . § 163.3167(2), Fla.Stat. (1975). . . .