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Florida Statute 163.3167 | Lawyer Caselaw & Research
F.S. 163.3167 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS
Chapter 163
INTERGOVERNMENTAL PROGRAMS
View Entire Chapter
F.S. 163.3167
163.3167 Scope of act.
(1) The several incorporated municipalities and counties shall have power and responsibility:
(a) To plan for their future development and growth.
(b) To adopt and amend comprehensive plans, or elements or portions thereof, to guide their future development and growth.
(c) To implement adopted or amended comprehensive plans by the adoption of appropriate land development regulations or elements thereof.
(d) To establish, support, and maintain administrative instruments and procedures to carry out the provisions and purposes of this act.

The powers and authority set out in this act may be employed by municipalities and counties individually or jointly by mutual agreement in accord with this act and in such combinations as their common interests may dictate and require.

(2) Each local government shall maintain a comprehensive plan of the type and in the manner set out in this part or prepare amendments to its existing comprehensive plan to conform it to the requirements of this part and in the manner set out in this part.
(3) A municipality established after the effective date of this act shall, within 1 year after incorporation, establish a local planning agency, pursuant to s. 163.3174, and prepare and adopt a comprehensive plan of the type and in the manner set out in this act within 3 years after the date of such incorporation. A county comprehensive plan is controlling until the municipality adopts a comprehensive plan in accordance with this act. A comprehensive plan for a newly incorporated municipality which becomes effective after January 1, 2016, and all land development regulations adopted to implement the comprehensive plan must incorporate each development order existing before the comprehensive plan’s effective date, may not impair the completion of a development in accordance with such existing development order, and must vest the density and intensity approved by such development order existing on the effective date of the comprehensive plan without limitation or modification.
(4) Any comprehensive plan, or element or portion thereof, adopted pursuant to this act, which but for its adoption after the deadlines established pursuant to previous versions of this act would have been valid, shall be valid.
(5) Nothing in this act shall limit or modify the rights of any person to complete any development that has been authorized as a development of regional impact pursuant to chapter 380 or who has been issued a final local development order and development has commenced and is continuing in good faith. Any landowner with a development order existing before the incorporation of a municipality may elect to abandon the development order and develop the vested density and intensity contained therein pursuant to the municipality’s comprehensive plan and land development regulations adopted pursuant to subsection (3) so long as the vested uses, density, and intensity are consistent with the municipality’s comprehensive plan and all existing obligations in the development order regarding concurrency remain.
(6) The Reedy Creek Improvement District shall exercise the authority of this part as it applies to municipalities, consistent with the legislative act under which it was established, for the total area under its jurisdiction.
(7) Nothing in this part shall supersede any provision of ss. 341.8201-341.842.
(8)(a) An initiative or referendum process in regard to any development order is prohibited.
(b) An initiative or referendum process in regard to any land development regulation is prohibited.
(c) An initiative or referendum process in regard to any local comprehensive plan amendment or map amendment is prohibited unless it is expressly authorized by specific language in a local government charter that was lawful and in effect on June 1, 2011. A general local government charter provision for an initiative or referendum process is not sufficient.
(d) It is the intent of the Legislature that initiative and referendum be prohibited in regard to any development order or land development regulation. It is the intent of the Legislature that initiative and referendum be prohibited in regard to any local comprehensive plan amendment or map amendment, except as specifically and narrowly allowed by paragraph (c). Therefore, the prohibition on initiative and referendum stated in paragraphs (a) and (c) is remedial in nature and applies retroactively to any initiative or referendum process commenced after June 1, 2011, and any such initiative or referendum process commenced or completed thereafter is deemed null and void and of no legal force and effect.
(9) Each local government shall address in its comprehensive plan, as enumerated in this chapter, the water supply sources necessary to meet and achieve the existing and projected water use demand for the established planning period, considering the applicable plan developed pursuant to s. 373.709.
(10)(a) If a local government grants a development order pursuant to its adopted land development regulations and the order is not the subject of a pending appeal and the timeframe for filing an appeal has expired, the development order may not be invalidated by a subsequent judicial determination that such land development regulations, or any portion thereof that is relevant to the development order, are invalid because of a deficiency in the approval standards.
(b) This subsection does not preclude or affect the timely institution of any other remedy available at law or equity, including a common law writ of certiorari proceeding pursuant to Rule 9.190, Florida Rules of Appellate Procedure, or an original proceeding pursuant to s. 163.3215, as applicable.
History.s. 4, ch. 75-257; s. 1, ch. 77-174; s. 3, ch. 85-55; s. 6, ch. 86-191; s. 1, ch. 87-338; s. 1, ch. 92-129; s. 5, ch. 93-206; s. 1, ch. 95-322; s. 23, ch. 96-410; s. 158, ch. 2003-261; s. 11, ch. 2004-5; s. 1, ch. 2004-37; s. 3, ch. 2004-372; s. 1, ch. 2004-381; s. 42, ch. 2010-102; s. 3, ch. 2010-205; s. 7, ch. 2011-139; s. 1, ch. 2012-99; s. 1, ch. 2013-115; s. 3, ch. 2013-213; s. 1, ch. 2014-178; s. 3, ch. 2019-165; s. 1, ch. 2021-195; s. 1, ch. 2021-206; s. 1, ch. 2023-305.

F.S. 163.3167 on Google Scholar

F.S. 163.3167 on Casetext

Amendments to 163.3167


Arrestable Offenses / Crimes under Fla. Stat. 163.3167
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 163.3167.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MULLEN, v. BAL HARBOUR VILLAGE,, 241 So. 3d 949 (Fla. App. Ct. 2018)

. . . 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. . . .

TOWN OF PONCE INLET, a v. PACETTA, LLC, a a a, 226 So. 3d 303 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

ARCHSTONE PALMETTO PARK, LLC, a v. KENNEDY, M. S. R. R. A., 132 So. 3d 347 (Fla. Dist. Ct. App. 2014)

. . . 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). . . .

CITY OF RIVIERA BEACH, a v. RIVIERA BEACH CITIZENS TASK FORCE, a, 87 So. 3d 18 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

D. WEISS, v. CITY OF GAINESVILLE, FLORIDA, a, 462 F. App'x 898 (11th Cir. 2012)

. . . . § 163.3167. . . .

TOWN OF PONCE INLET, v. PACETTA, LLC,, 63 So. 3d 840 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

PRESERVE PALM BEACH POLITICAL ACTION COMMITTEE v. TOWN OF PALM BEACH,, 50 So. 3d 1176 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

PAYNE a a v. CITY OF MIAMI, a LLC,, 52 So. 3d 707 (Fla. Dist. Ct. App. 2010)

. . . See § 163.3167(1), Fla. Stat. (2004). . . . the water supply sources necessary to meet and achieve existing and projected water use demands. § 163.3167 . . .

NASSAU COUNTY, v. G. WILLIS T. H. Jr. D. Co- G. T. u d o G. LLC, a LLC, a v., 41 So. 3d 270 (Fla. Dist. Ct. App. 2010)

. . . . § 163.3167(2), Fla. Stat. (2009). . . .

M H PROFIT, INC. a v. CITY OF PANAMA CITY, a, 28 So. 3d 71 (Fla. Dist. Ct. App. 2009)

. . . See Halls River, 8 So.3d at 420-21 (citing § 163.3167(1), Fla. Stat. (2005), and Machado v. . . .

CITRUS COUNTY, v. HALLS RIVER DEVELOPMENT, INC., 8 So. 3d 413 (Fla. Dist. Ct. App. 2009)

. . . . § 163.3167(1), Fla. Stat. (2005); Machado v. Musgrove, 519 So.2d 629, 631-32 (Fla. 3d DCA 1987). . . .

SAVE HOMOSASSA RIVER ALLIANCE, INC. v. CITRUS COUNTY, FLORIDA,, 2 So. 3d 329 (Fla. Dist. Ct. App. 2008)

. . . See also § 163.3167, Fla. Stat. (2007). . . .

CITY OF LAKE WORTH, a LLC, a v. SAVE OUR NEIGHBORHOOD, INC. a, 995 So. 2d 1002 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .

CITIZENS FOR RESPONSIBLE GROWTH, a v. CITY OF ST. PETE BEACH, a, 940 So. 2d 1144 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

ADVISORY OPINION TO ATTORNEY GENERAL REFERENDA REQUIRED FOR ADOPTION AND AMENDMENT OF LOCAL GOVERNMENT COMPREHENSIVE LAND USE PLANS, 938 So. 2d 501 (Fla. 2006)

. . . 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 . . .

ST. JOHNS ST. AUGUSTINE, COMMITTEE, v. CITY OF ST. AUGUSTINE,, 909 So. 2d 575 (Fla. Dist. Ct. App. 2005)

. . . See §§ 163.3174(1); 163.3167(1), Fla. Stat. . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE REFERENDA REQUIRED FOR ADOPTION AND AMENDMENT OF LOCAL GOVERNMENT COMPREHENSIVE LAND USE PLANS, 902 So. 2d 763 (Fla. 2005)

. . . . : See § 163.3167(12), Fla. . . . Although the initiative would override section 163.3167(12) with respect to plan amendments that affect . . .

BAY POINT CLUB, INC. v. BAY COUNTY, a K. B. III W. N. F., 890 So. 2d 256 (Fla. Dist. Ct. App. 2004)

. . . .” § 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). . . .

EDGEWATER BEACH OWNERS ASSOCIATION, INC. v. WALTON COUNTY, KPM, A. v. KPM, LTD., 833 So. 2d 215 (Fla. Dist. Ct. App. 2002)

. . . . § 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. . . .

PINECREST LAKES, INC. v. SHIDEL,, 795 So. 2d 191 (Fla. Dist. Ct. App. 2001)

. . . See § 163.3167(2), Fla. . . .

MARTIN COUNTY, v. SECTION PARTNERSHIP, LTD., 772 So. 2d 616 (Fla. Dist. Ct. App. 2000)

. . . . § 163.3167(l)(b), Fla. Stat. (1997). . . .

LOVE PGI PARTNERS, LP, v. SCHULTZ,, 706 So. 2d 887 (Fla. Dist. Ct. App. 1998)

. . . . §§ 163.3167(2), Fla. Stat. (1995); 163.3202, Fla. Stat. (1995). . §§ 163.3164(23); 163.3201, Fla. . . .

VILLAS OF LAKE JACKSON, LTD. v. LEON COUNTY,, 884 F. Supp. 1544 (N.D. Fla. 1995)

. . . In 1990 Leon County adopted the Leon County Comprehensive Land Use Plan pursuant to § 163.3167, Fla.Stat . . .

EQUITY RESOURCES, INC. L. v. COUNTY OF LEON,, 643 So. 2d 1112 (Fla. Dist. Ct. App. 1994)

. . . The plan and ordinance were adopted in 1990 pursuant to section 163.3167, Florida Statutes. . . .

RESOLUTION TRUST CORPORATION, a a v. MAYOR AND CITY COMMISSION OF CITY OF SOUTH MIAMI, a, 633 So. 2d 1119 (Fla. Dist. Ct. App. 1994)

. . . prevails in its appeal of the city’s decision to deny the extension, are vested pursuant to section 163.3167 . . .

LEE COUNTY, a v. SUNBELT EQUITIES, II, LIMITED PARTNERSHIP, a, 619 So. 2d 996 (Fla. Dist. Ct. App. 1993)

. . . See, e.g., §§ 163.3167(1), 163.3177(1), and 163.3177(6)(a), Fla.Stat. (1991), all of which are distinctly . . .

R. SNYDER, v. BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY,, 595 So. 2d 65 (Fla. Dist. Ct. App. 1991)

. . . See § 163.3167, Fla.Stat. . . . .

GARDENS COUNTRY CLUB, INCORPORATED, a v. PALM BEACH COUNTY, a, 590 So. 2d 488 (Fla. Dist. Ct. App. 1991)

. . . . § 163.3167(1), Fla.Stat. (1985); Southwest Ranches Homeowners Ass’n v. . . .

FLORIDA LEAGUE OF CITIES, INC. v. ADMINISTRATION COMMISSION TOWN OF PEMBROKE PARK, v. STATE ADMINISTRATION COMMISSION, VILLAGE OF VIRGINIA GARDENS, v. STATE ADMINISTRATION COMMISSION, TOWN OF PEMBROKE PARK, v. STATE ADMINISTRATION COMMISSION,, 586 So. 2d 397 (Fla. Dist. Ct. App. 1991)

. . . 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 . . .

BATTAGLIA FRUIT CO. v. CITY OF MAITLAND,, 530 So. 2d 940 (Fla. Dist. Ct. App. 1988)

. . . . § 163.3167, Fla.Stat. (1985); Ord. 37-82 I-II; Borough of Cresskitl v. . . .

L. MACHADO, v. MUSGROVE,, 519 So. 2d 629 (Fla. Dist. Ct. App. 1987)

. . . . § 163.3167(1), Fla.Stat. (1985); Southwest Ranches Homeowners Ass’n v. . . .

SOUTHWEST RANCHES HOMEOWNERS ASSOCIATION, INC. a v. COUNTY OF BROWARD, a, 502 So. 2d 931 (Fla. Dist. Ct. App. 1987)

. . . . § 163.3167(1). . . .

Dr. LOPEZ- TORRES, v. DEPARTMENT OF TRANSPORTATION,, 488 So. 2d 848 (Fla. Dist. Ct. App. 1986)

. . . new location, we find: (1) The DOT depends heavily on its choice to relocate on the fact that section 163.3167 . . .

ORANGE COUNTY, a v. R. G. GARDNER, 477 So. 2d 621 (Fla. Dist. Ct. App. 1985)

. . . . § 163.3167(2), Fla.Stat. (1975). . . .