The 2023 Florida Statutes (including Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 163
INTERGOVERNMENTAL PROGRAMS

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F.S. 163.3174

163.3174 Local planning agency.—

(1) The governing body of each local government, individually or in combination as provided in s. 163.3171, shall designate and by ordinance establish a “local planning agency,” unless the agency is otherwise established by law. Notwithstanding any special act to the contrary, all local planning agencies or equivalent agencies that first review rezoning and comprehensive plan amendments in each municipality and county shall include a representative of the school district appointed by the school board as a nonvoting member of the local planning agency or equivalent agency to attend those meetings at which the agency considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. However, this subsection does not prevent the governing body of the local government from granting voting status to the school board member. The governing body may designate itself as the local planning agency pursuant to this subsection with the addition of a nonvoting school board representative. All local planning agencies shall provide opportunities for involvement by applicable community college boards, which may be accomplished by formal representation, membership on technical advisory committees, or other appropriate means. The local planning agency shall prepare the comprehensive plan or plan amendment after hearings to be held after public notice and shall make recommendations to the governing body regarding the adoption or amendment of the plan. The agency may be a local planning commission, the planning department of the local government, or other instrumentality, including a countywide planning entity established by special act or a council of local government officials created pursuant to s. 163.02, provided the composition of the council is fairly representative of all the governing bodies in the county or planning area; however:

(a) If a joint planning entity is in existence on the effective date of this act which authorizes the governing bodies to adopt and enforce a land use plan effective throughout the joint planning area, that entity shall be the agency for those local governments until such time as the authority of the joint planning entity is modified by law.

(b) In the case of chartered counties, the planning responsibility between the county and the several municipalities therein shall be as stipulated in the charter.

(2) Nothing in this act shall prevent the governing body of a local government that participates in creating a local planning agency serving two or more jurisdictions from continuing or creating its own local planning agency. Any such governing body which continues or creates its own local planning agency may designate which local planning agency functions, powers, and duties will be performed by each such local planning agency.

(3) The governing body or bodies shall appropriate funds for salaries, fees, and expenses necessary in the conduct of the work of the local planning agency and shall also establish a schedule of fees to be charged by the agency. To accomplish the purposes and activities authorized by this act, the local planning agency, with the approval of the governing body or bodies and in accord with the fiscal practices thereof, may expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants, state or federal loans, and other sources; however, acceptance of loans must be approved by the governing bodies involved.

(4) The local planning agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the local planning agency shall:

(a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan. During the preparation of the plan or plan amendment and prior to any recommendation to the governing body, the local planning agency shall hold at least one public hearing, with public notice, on the proposed plan or plan amendment. The governing body in cooperation with the local planning agency may designate any agency, committee, department, or person to prepare the comprehensive plan or plan amendment, but final recommendation of the adoption of such plan or plan amendment to the governing body shall be the responsibility of the local planning agency.

(b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required, including the periodic evaluation and appraisal of the comprehensive plan required by s. 163.3191.

(c) Review proposed land development regulations, land development codes, or amendments thereto, and make recommendations to the governing body as to the consistency of the proposal with the adopted comprehensive plan, or element or portion thereof, when the local planning agency is serving as the land development regulation commission or the local government requires review by both the local planning agency and the land development regulation commission.

(d) Perform any other functions, duties, and responsibilities assigned to it by the governing body or by general or special law.

(5) All meetings of the local planning agency shall be public meetings, and agency records shall be public records.

History.—s. 6, ch. 75-257; s. 1, ch. 77-223; s. 5, ch. 85-55; s. 2, ch. 92-129; s. 9, ch. 95-310; s. 9, ch. 95-341; s. 1, ch. 2002-296; s. 10, ch. 2011-139; s. 2, ch. 2012-99.

F.S. 163.3174 on Google Scholar

F.S. 163.3174 on Casetext

Amendments to 163.3174

Arrestable Offenses / Crimes under Fla. Stat. 163.3174

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 163.3174.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WILSON, LLC, LLC, v. PALM BEACH COUNTY,, 62 So. 3d 1247 (Fla. Dist. Ct. App. 2011)

. . . that discriminate against privately owned solid waste management facilities ... ”) (emphasis added); § 163.3174 . . .

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. . . .

J- II INVESTMENTS, INC. II, v. LEON COUNTY, a, 908 So. 2d 1140 (Fla. Dist. Ct. App. 2005)

. . . that discriminate against privately owned solid waste management facilities ... ”) (emphasis added); § 163.3174 . . .

LEE COUNTY, a v. LIPPI J M a d b a S, 693 So. 2d 686 (Fla. Dist. Ct. App. 1997)

. . . that was not reviewed prior to enactment by the “local planning agency” as required by subsections 163.3174 . . . it should be considered a “land development regulation” subject to review as provided in subsections 163.3174 . . . Lee County is patently a regulatory ordinance, not subject to the review requirements of subsections 163.3174 . . .

B H TRAVEL CORPORATION, a d b a v. STATE DEPARTMENT OF COMMUNITY AFFAIRS, 602 So. 2d 1362 (Fla. Dist. Ct. App. 1992)

. . . did not satisfy the requirements of rule 9J-5.005(8)(b) and (c), Florida Administrative Code, section 163.3174 . . . notice and shall make recommendations to the governing body regarding the adoption of such plan.” § 163.3174 . . . Section 163.3174(4) more particularly describes the role of the local planning agency, in this case, . . . Section 163.3174, Florida Statutes; The comprehensive plan, element or amendment shall be considered . . . takes action in the direction of realizing, the goals and policies of rule 9J-5.005(8) and section 163.3174 . . .

METROPOLITAN DADE COUNTY, v. TIMINSKY D., 579 So. 2d 356 (Fla. Dist. Ct. App. 1991)

. . . See Section 163.3174(1)(b), Florida Statutes (1989). . . .

CITY OF COCONUT CREEK, v. BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS,, 430 So. 2d 959 (Fla. Dist. Ct. App. 1983)

. . . indication that the county’s authority is paramount in the area of land use planning is contained in Section 163.3174 . . .