The 2023 Florida Statutes (including Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 163
INTERGOVERNMENTAL PROGRAMS

View Entire Chapter

F.S. 163.3187

163.3187 Process for adoption of small scale comprehensive plan amendment.—

(1) A small scale development amendment may be adopted under the following conditions:

(a) The proposed amendment involves a use of 50 acres or fewer and:

(b) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government’s comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section.

(c) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1).

(2) Small scale development amendments adopted pursuant to this section require only one public hearing before the governing board, which shall be an adoption hearing as described in s. 163.3184(11).

(3) If the small scale development amendment involves a site within a rural area of opportunity as defined under s. 288.0656(2)(d) for the duration of such designation, the acreage limit listed in subsection (1) shall be increased by 100 percent. The local government approving the small scale plan amendment shall certify to the state land planning agency that the plan amendment furthers the economic objectives set forth in the executive order issued under s. 288.0656(7), and the property subject to the plan amendment shall undergo public review to ensure that all concurrency requirements and federal, state, and local environmental permit requirements are met.

(4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. Corrections, updates, or modifications of current costs which were set out as part of the comprehensive plan shall not, for the purposes of this act, be deemed to be amendments.

(5)(a) Any affected person may file a petition with the Division of Administrative Hearings pursuant to ss. 120.569 and 120.57 to request a hearing to challenge the compliance of a small scale development amendment with this act within 30 days following the local government’s adoption of the amendment and shall serve a copy of the petition on the local government. An administrative law judge shall hold a hearing in the affected jurisdiction not less than 30 days nor more than 60 days following the filing of a petition and the assignment of an administrative law judge. The parties to a hearing held pursuant to this subsection shall be the petitioner, the local government, and any intervenor. In the proceeding, the plan amendment shall be determined to be in compliance if the local government’s determination that the small scale development amendment is in compliance is fairly debatable. The state land planning agency may not intervene in any proceeding initiated pursuant to this section. The prevailing party in a challenge filed under this paragraph is entitled to recover attorney fees and costs in challenging or defending the order, including reasonable appellate attorney fees and costs.

(b)1. If the administrative law judge recommends that the small scale development amendment be found not in compliance, the administrative law judge shall submit the recommended order to the Administration Commission for final agency action. If the administrative law judge recommends that the small scale development amendment be found in compliance, the administrative law judge shall submit the recommended order to the state land planning agency.

2. If the state land planning agency determines that the plan amendment is not in compliance, the agency shall submit, within 30 days following its receipt, the recommended order to the Administration Commission for final agency action. If the state land planning agency determines that the plan amendment is in compliance, the agency shall enter a final order within 30 days following its receipt of the recommended order.

(c) Small scale development amendments may not become effective until 31 days after adoption. If challenged within 30 days after adoption, small scale development amendments may not become effective until the state land planning agency or the Administration Commission, respectively, issues a final order determining that the adopted small scale development amendment is in compliance.

(d) In all challenges under this subsection, when a determination of compliance as defined in s. 163.3184(1)(b) is made, consideration shall be given to the plan amendment as a whole and whether the plan amendment furthers the intent of this part.

History.—s. 10, ch. 75-257; s. 1, ch. 77-174; s. 5, ch. 77-331; s. 9, ch. 85-55; s. 10, ch. 86-191; s. 8, ch. 92-129; s. 11, ch. 93-206; s. 4, ch. 94-273; s. 1446, ch. 95-147; s. 12, ch. 95-310; s. 3, ch. 95-322; s. 5, ch. 95-396; s. 1, ch. 96-205; s. 27, ch. 96-410; s. 4, ch. 96-416; s. 3, ch. 97-253; s. 14, ch. 98-75; s. 13, ch. 98-176; s. 66, ch. 99-251; s. 5, ch. 99-378; s. 26, ch. 2000-151; s. 16, ch. 2000-158; s. 1, ch. 2000-284; s. 8, ch. 2002-296; s. 3, ch. 2004-230; s. 5, ch. 2004-372; s. 7, ch. 2005-290; s. 20, ch. 2006-1; s. 3, ch. 2006-69; s. 4, ch. 2007-198; s. 8, ch. 2009-96; s. 7, ch. 2011-14; s. 18, ch. 2011-139; s. 25, ch. 2014-17; s. 25, ch. 2014-218; s. 1, ch. 2019-157; s. 3, ch. 2021-206; s. 2, ch. 2023-115.

F.S. 163.3187 on Google Scholar

F.S. 163.3187 on Casetext

Amendments to 163.3187

Arrestable Offenses / Crimes under Fla. Stat. 163.3187

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 163.3187.

Annotations, Discussions, Cases:

Cases from cite.case.law:

REALTY ASSOCIATES FUND IX, L. P. v. TOWN OF CUTLER BAY,, 208 So. 3d 735 (Fla. Dist. Ct. App. 2016)

. . . comprehensive plan, the Town has the power to amend its plan in accordance with sections 168.3184 and 163.3187 . . .

KATHERINE S BAY, LLC, v. J. FAGAN, 52 So. 3d 19 (Fla. Dist. Ct. App. 2010)

. . . the owner of neighboring property, challenged the Amendment under the procedure set forth in section 163.3187 . . . Standard of Review The amendment at issue in this case was adopted under the authority of section 163.3187 . . . Section 163.3187(3)(a) provides for review of amendments adopted under section 163.3187(l)(c) under the . . . any proceeding initiated pursuant to this subsection, the state land planning agency may intervene. § 163.3187 . . . In reviewing this issue de novo, however, we bear in mind that the ALJ was required under section 163.3187 . . .

DURHAM PARK NEIGHBORHOOD ASSOCIATION, INC. v. CITY OF MIAMI LLC,, 53 So. 3d 245 (Fla. Dist. Ct. App. 2010)

. . . use map (FLUM) component of the City of Miami’s Comprehensive Plan (Plan) and is governed by section 163.3187 . . . acreage for planning purposes and that this property did not exceed the 10 acre limit imposed by section 163.3187 . . . small scale amendments ... that are designated in the local comprehensive plan for urban infill.... § 163.3187 . . .

PAYNE a a v. CITY OF MIAMI, a LLC, a, 53 So. 3d 258 (Fla. Dist. Ct. App. 2010)

. . . Section 163.3187(l)(c), however, is not so restricted. . . . It therefore satisfies section 163.3187(l)(c)l .a. . . . “internal consistency” of the Plan. § 163.3187(2), Fla. . . . See § 163.3187(2), Fla. . . . See § 163.3187(3)(b) 1-2, Fla. . . . . § 163.3187(l)(a)-(c), Fla. Stat. (2005). . . . Riverside FLUM Amendment was sought and was granted as a small scale development pursuant to section 163.3187 . . . character and stability of development in this state through orderly growth and development; section 163.3187 . . . Because the FLUM Amendment was sought as a small scale development pursuant to section 163.3187, Fla. . . .

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

. . . to a future land use map (FLUM). § 163.3187(1)(c), Fla. . . . Section 163.3187(l)(c), is not, however, so limited. . . . VIII of the State Constitution. § 163.3187(1)(c)1.a.(I)-(III), Fla. . . . “internal consistency” of a Plan. § 163.3187(2), Fla. . . . See § 163.3187(3)(b) 1 — 2, Fla. . . . . § 163.3187(l)(a)-(c), Fla. Stat. (2004). . . . The Balbino FLUM Amendment was sought and granted as a small scale development pursuant to section 163.3187 . . . Section 163.3187(l)(c), provides an exception to the time limitation for small scale amendments to comprehensive . . . character and stability of development in this state through orderly growth and development; section 163.3187 . . .

DURHAM PARK NEIGHBORHOOD ASSOCIATION, INC. v. CITY OF MIAMI LLC,, 210 So. 3d 69 (Fla. Dist. Ct. App. 2007)

. . . passed the amendment pursuant to the procedures for small-scale development amendments found in section 163.3187 . . .

D. R. HORTON, INC. JACKSONVILLE, v. PEYTON, a a, 959 So. 2d 390 (Fla. Dist. Ct. App. 2007)

. . . development amendment to the City’s comprehensive plan, which the developer sought pursuant to section 163.3187 . . .

BISCAYNE BOULEVARD, LLC v. STEBBINS,, 937 So. 2d 1189 (Fla. Dist. Ct. App. 2006)

. . . date of the local government’s adoption of the amendment, pursuant to the express language of section 163.3187 . . .

PAYNE, a a v. CITY OF MIAMI, a LLC, a, 913 So. 2d 1260 (Fla. Dist. Ct. App. 2005)

. . . See § 163.3187(3)(a), Fla. Stat. (2004). . . . amendment with this act within 30 days following the local government’s adoption of the amendment.... § 163.3187 . . .

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

. . . Adopted comprehensive plans may be amended by the local governmental body pursuant to section 163.3187 . . .

ISLAND, INC. a a v. CITY OF BRADENTON BEACH, a, 884 So. 2d 107 (Fla. Dist. Ct. App. 2004)

. . . “[S]mall-scale development amendments sought pursuant to section 163.3187(l)(c) are legislative decisions . . . Small-scale development amendments to comprehensive plans are governed by section 163.3187(l)(c), Florida . . . Florida Supreme Court held that “the small-scale development amendment decisions made pursuant to section 163.3187 . . .

COASTAL DEVELOPMENT OF NORTH FLORIDA, INC. v. CITY OF JACKSONVILLE BEACH,, 788 So. 2d 204 (Fla. 2001)

. . . See § 163.3187(3)(a), Fla. Stat. (Supp.1996). . . . See § 163.3187(1), Fla. Stat. (Supp.1996). . See § 163.3187(l)(c)3., Fla. Stat. (Supp. 1996). . . . . See § 163.3187(l)(c), Fla. Stat. (Supp. 1996). . See § 163.3187(3)(a), Fla. Stat. (Supp. 1996). . . . . See § 163.3187(3)(a), Fla. Stat. (Supp. 1996). . See § 163.3187(3)(a), Fla. Stat. (Supp. 1996). . . . . See § 163.3187(1 )(c)l„ Fla. Stat. (Supp. 1996). . See § 163.3187(l)(c)l.a„ Fla. Stat. . . .

MINNAUGH, v. COUNTY COMMISSION OF BROWARD COUNTY,, 783 So. 2d 1054 (Fla. 2001)

. . . great public importance: ARE DECISIONS REGARDING SMALL SCALE DEVELOPMENT AMENDMENTS PURSUANT TO SECTION 163.3187 . . . April 12, 2001), by holding that small-scale development amendment decisions made pursuant to section 163.3187 . . .

BOARD OF COUNTY COMMISSIONERS OF CLAY COUNTY, v. QUALLS,, 772 So. 2d 544 (Fla. Dist. Ct. App. 2000)

. . . of North Florida, Inc., this court held that decisions regarding SSCPA requests pursuant to section 163.3187 . . . great public importance: ARE DECISIONS REGARDING SMALL SCALE DEVELOPMENT AMENDMENTS PURSUANT TO SECTION 163.3187 . . .

MINNAUGH v. COUNTY COMMISSION OF BROWARD COUNTY, a, 752 So. 2d 1263 (Fla. Dist. Ct. App. 2000)

. . . application for a small-scale amendment to the land use plan of Broward County, pursuant to section 163.3187 . . . (Supp.1998); (2) the parcel involved is no more than ten acres, see § 163.3187(1)(c)1; and (3) review . . . and approval by the Department of Community Affairs is not mandatory, see § 163.3187(1)(c)3. . . . He filed an application under section 163.3187(l)(c) to amend the city’s comprehensive plan to expand . . . The court stated, "[w]e do note that in 1995, the legislature amended section 163.3187(l)(c), Florida . . .

PALM SPRINGS GENERAL HOSPITAL, INC. v. CITY OF HIALEAH GARDENS,, 740 So. 2d 596 (Fla. Dist. Ct. App. 1999)

. . . granting of a “small-scale development amendment” to a comprehensive land use plan, pursuant to section 163.3187 . . . great public importance: ARE DECISIONS REGARDING SMALL-SCALE DEVELOPMENT AMENDMENTS PURSUANT TO SECTION 163.3187 . . .

CITY OF JACKSONVILLE BEACH, v. COASTAL DEVELOPMENT OF NORTH FLORIDA, INC. a a, 730 So. 2d 792 (Fla. Dist. Ct. App. 1999)

. . . applied for a “small-scale development amendment” to the city’s comprehensive plan, pursuant to section 163.3187 . . . on the following footnote from the opinion: We do note that in 1995, the legislature amended section 163.3187 . . . We hold that decisions regarding small-scale development amendment requests pursuant to section 163.3187 . . . great public importance: ARE DECISIONS REGARDING SMALL-SCALE DEVELOPMENT AMENDMENTS PURSUANT TO SECTION 163.3187 . . .

FLEEMAN, v. CITY OF ST. AUGUSTINE BEACH,, 728 So. 2d 1178 (Fla. Dist. Ct. App. 1998)

. . . review of a zoning decision involving a small parcel comprehensive plan amendment, pursuant to section 163.3187 . . . A1A Because the change involved less than ten acres, the application was filed pursuant to section 163.3187 . . . Section 163.3187(l)(c) provides in part: Any local government comprehensive plan amendments directly . . . The court expressly noted, however, that the legislature had amended section 163.3187(l)(c) in 1995 to . . .

MARTIN COUNTY, v. R. YUSEM,, 690 So. 2d 1288 (Fla. 1997)

. . . We do note that in 1995, the legislature amended section 163.3187(l)(c), Florida Statutes, which provides . . .

MARTIN COUNTY, a v. SECTION PARTNERSHIP, LTD. a, 676 So. 2d 532 (Fla. Dist. Ct. App. 1996)

. . . . §§ 163.3184(9)-(10) & 163.3187, Fla. Stat. (1993). . . .

MARTIN COUNTY, a v. SECTION PARTNERSHIP, LTD. a, 668 So. 2d 672 (Fla. Dist. Ct. App. 1996)

. . . . §§ 163.3184(9)-(10) & 163.3187, Fla. Stat. (1993). . . .

MARTIN COUNTY, v. R. YUSEM,, 664 So. 2d 976 (Fla. Dist. Ct. App. 1995)

. . . . §§ 163.3184(9)-(10) and 163.3187. . . .

ORANGE COUNTY, v. LUST,, 602 So. 2d 568 (Fla. Dist. Ct. App. 1992)

. . . . § 163.3187, Fla.Stat. (1989). . . .

GILMORE, v. HERNANDO COUNTY,, 584 So. 2d 27 (Fla. Dist. Ct. App. 1991)

. . . Section 163.3187, Fla.Stat. (1987). . Section 163.3194(l)(b), Fla.Stat. (1987). . . . .

B. B. McCORMICK SONS, INC. a J. T. M. Jr. F. R. J. T. St. v. CITY OF JACKSONVILLE,, 559 So. 2d 252 (Fla. Dist. Ct. App. 1990)

. . . Sections 163.3184, 163.3187. . . .