CopyCited 16 times | Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 156, 1997 Fla. LEXIS 322, 1997 WL 136419
...uld not be allowed provided the government approves some development that is consistent with the plan and the decision is supported by competent, substantial evidence. Snyder II,
627 So.2d at 475. [6] We do note that in 1995, the legislature amended section
163.3187(1)(c), Florida Statutes, which provides special treatment for comprehensive plan amendments directly related to proposed small-scale development activities....
CopyCited 7 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 224, 2001 Fla. LEXIS 743, 2001 WL 360443
...Blanton of Steel, Hector & Davis LLP, Tallahassee, FL, for Florida Home Builders Association, Amicus Curiae. WELLS, C.J. We have for review a decision on the following question certified to be of great public importance: ARE DECISIONS REGARDING SMALL-SCALE DEVELOPMENT AMENDMENTS PURSUANT TO SECTION 163.3187(1)(c), FLORIDA STATUTES, LEGISLATIVE IN NATURE AND, THEREFORE, SUBJECT TO THE FAIRLY DEBATABLE STANDARD OF REVIEW; OR QUASI-JUDICIAL, AND SUBJECT TO STRICT SCRUTINY? City of Jacksonville Beach v....
...Coastal Development of North Florida, Inc.,
730 So.2d 792 (Fla. 1st DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons expressed below, we answer the certified question by holding that the small-scale development amendment decisions made pursuant to section
163.3187(1)(c), Florida Statutes (Supp.1996), are decisions which are legislative in nature and subject to the "fairly debatable" standard of review. [1] We approve the decision below. PROCEDURAL HISTORY Coastal Development of North Florida, Inc. (Developers), applied to the City of Jacksonville Beach (City) for a small-scale development amendment to the City's comprehensive plan pursuant to section
163.3187(1)(c), Florida Statutes (Supp....
...The City petitioned the First District Court of Appeal for second-tier certiorari review. On review in the First District, the First District granted the City's petition for the writ and held that decisions regarding small-scale development requests made pursuant to section 163.3187(1)(c) are legislative decisions....
...A local government must conduct two advertised public hearings on each proposed amendment prior to its adoption. [9] A local government may only amend its comprehensive plan twice a year. [10] The process of adopting small-scale development amendments is somewhat different. Section 163.3187(1)(c) describes the process of proposing and adopting a small-scale development amendment....
...sem, there are still administrative remedies available to any aggrieved party in the small-scale development amendment context that are not available in the zoning context. [25] The Department may also intervene in these administrative hearings. See § 163.3187(3)(a), Fla....
...Thus, remand is proper to allow the circuit court to proceed with the Developers' alternative action for declaratory and injunctive relief. CONCLUSION We answer the certified question by holding that small-scale development amendments sought pursuant to section 163.3187(1)(c) are legislative decisions which are subject to the fairly-debatable standard of review....
...In other words, an ordinance may be said to be fairly debatable when for any reason it is open to dispute or controversy on grounds that make sense or point to a logical deduction that in no way involves its constitutional validity. Id. at 1295 (citations and initial quotation marks removed). [2] Section 163.3187(1)(c) establishes conditions under which local governments may adopt comprehensive plan amendments that are directly related to proposed small-scale development activities....
...orari review to the Rules of Judicial Administration Committee of The Florida Bar. See Florida Power & Light Co. v. City of Dania,
761 So.2d 1089, 1094 (Fla.2000). [4] In footnote 6 of Yusem, we said: We do note that in 1995, the legislature amended section
163.3187(1)(c), Florida Statutes, which provides special treatment for comprehensive plan amendments directly related to proposed small-scale development activities....
...City of Jacksonville Beach, No. 97-000079-AP (Fla. 4th Cir. Ct., order dated June 30, 1998). [7] See §
163.3164(20), Fla. Stat. (1995). [8] See §§
163.3161-.3243, Fla. Stat. (1995), et. seq. [9] See §
163.3184(15)(b), Fla. Stat. (Supp. 1996). [10] See §
163.3187(1), Fla. Stat. (Supp.1996). [11] See §
163.3187(1)(c)3., Fla. Stat. (Supp. 1996). [12] See §
163.3187(1)(c), Fla. Stat. (Supp. 1996). [13] See §
163.3187(3)(a), Fla. Stat. (Supp. 1996). [14] See §
163.3187(3)(a), Fla. Stat. (Supp. 1996). [15] See §
163.3187(3)(a), Fla. Stat. (Supp. 1996). [16] See §
163.3187(1)(c)1., Fla. Stat. (Supp. 1996). [17] See §
163.3187(1)(c)1.a., Fla. Stat. (Supp. 1996). [18] See §
163.3187(1)(c)1.d., Fla. Stat. (Supp. 1996). Section
163.3187(1)(c)1.d....
...Hosp., Inc. v. City of Hialeah Gardens,
740 So.2d 596 (Fla. 3d DCA 1999); City of Jacksonville Beach v. Coastal Dev. of North Florida, Inc.,
730 So.2d 792 (Fla. 1st DCA 1999); Fleeman v. City of St. Augustine Beach,
728 So.2d 1178 (Fla. 5th DCA 1998). [25] Section
163.3187(3)(a) confers standing in these administrative hearings to any "affected person" as broadly defined by section 161.3184(1)(a), without the need to allege an injury....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1992 WL 92477
...Without the variances, he still appears unable to erect his signs. What he appears able to do is to acquire additional agriculture zoned land from his neighbors to accommodate the set back requirements and then build any C-3 appropriate business on the 2100 square foot parcel. [1] § 163.3187, Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1999 WL 169401
...rather than legislative. Accordingly, we grant the petition for a writ of *793 certiorari, and reverse and remand for further proceedings. The developers applied for a "small-scale development amendment" to the city's comprehensive plan, pursuant to section 163.3187(1)(c), Florida Statutes (Supp.1996), so that they might develop their property in a more intensive manner than was contemplated by the comprehensive plan....
...These apparently unequivocal statements regarding the court's holding would seem to leave little room for argument on the part of the developers. However, they rely on the following footnote from the opinion: We do note that in 1995, the legislature amended section 163.3187(1)(c), Florida Statutes, which provides special treatment for comprehensive plan amendments directly related to proposed small-scale development activities....
...nsive plan amendment requests. The result we reach here is consistent with that goal; whereas, that urged by the developers would only add to the confusion. We hold that decisions regarding small-scale development amendment requests pursuant *795 to section 163.3187(1)(c), Florida Statutes, like decisions regarding comprehensive plan amendment requests generally, are legislative in nature; and that, as a result, judicial review of such decisions is by a de novo hearing in an action seeking eithe...
...junctive relief, subject to the highly deferential fairly debatable standard of review. We certify the following question to the supreme court, as one of great public importance: ARE DECISIONS REGARDING SMALL-SCALE DEVELOPMENT AMENDMENTS PURSUANT TO SECTION 163.3187(1)(c), FLORIDA STATUTES, LEGISLATIVE IN NATURE AND, THEREFORE, SUBJECT TO THE FAIRLY DEBATABLE STANDARD OF REVIEW; OR QUASI-JUDICIAL, AND SUBJECT TO STRICT SCRUTINY? We grant the petition for a writ of certiorari; reverse the decisio...
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2007 WL 1730106
...ndment affects only a single parcel of property. Id. at 1293-95. In Coastal Development, the Jacksonville Beach City Council denied a proposed small-scale development amendment to the City's comprehensive plan, which the developer sought pursuant to section 163.3187(1)(c), Florida Statutes (1996), to commercially develop a 1.7 acre parcel....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2006 WL 2612845
...At issue in Payne was the time for filing a petition with the Department of Administrative Hearings to challenge a small scale development amendment. There, the time ran from the date of the local government's adoption of the amendment, pursuant to the express language of section 163.3187(3)(a)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1999 Fla. App. LEXIS 11683, 1999 WL 674507
...The effect of our denial of petition for writ of certiorari is to leave standing the determination of the circuit court, appellate division, that the denial or granting of a "small-scale development amendment" to a comprehensive land use plan, pursuant to section 163.3187(1)(c), Florida Statutes (Supp.1996), is a legislative function not subject to certiorari review, but is subject to a de novo action in the circuit court....
...Augustine Beach,
728 So.2d 1178 (Fla. 5th DCA 1998), rehearing is granted to the extent that we certify the following question to the Florida Supreme Court as one of great public importance: ARE DECISIONS REGARDING SMALL-SCALE DEVELOPMENT AMENDMENTS PURSUANT TO SECTION
163.3187(1)(c), FLORIDA STATUTES, LEGISLATIVE IN NATURE AND, THEREFORE, SUBJECT TO THE FAIRLY DEBATABLE STANDARD OF REVIEW; OR QUASI-JUDICIAL, AND SUBJECT TO STRICT SCRUTINY? Question certified.
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2000 WL 276027
...circuit court's order dismissing counts of their complaint for a writ of mandamus and writ of certiorari challenging the county commission's denial of their application for a small-scale amendment to the land use plan of Broward County, pursuant to section 163.3187(1)(c), Florida Statutes....
...The court held that a local government's decision on a plan amendment is legislative rather than quasi-judicial and, therefore, the deferential "fairly debatable" standard of review applies. The supreme court, however, did not decide whether its holding applied to small scale plan amendments under section 163.3187(1)(c), Florida Statutes....
...rather than legislative like other comprehensive plan amendments: (1) the proposed amendment does not include a text change to any goals, policies, or objectives of the comprehensive plan, only a site-specific change to the future land use map, see § 163.3187(1)(c)1.d, Fla. Stat. (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....
...of Brevard County v. Snyder,
627 So.2d 469 (Fla. 1993). The fifth district rejected similar arguments made by the developer in Fleeman. In that case, Fleeman planned to build a small commercial development fronting A1A. He filed an application under section
163.3187(1)(c) to amend the city's comprehensive plan to expand the depth of the commercial designation applicable to the.3863 acres of land, which remained after condemnation of part of his property....
...We adopt the holdings of our sister courts and apply the Yusem rationale for predictability in this area of the law to the review of decisions regarding small-scale development amendments. We hold that decisions on requests for a small scale development amendment to a local comprehensive land use plan, pursuant to section 163.3187(1)(c), Florida Statutes, are legislative and, therefore, not subject to the certiorari review process but reviewable by a de novo action seeking declaratory or injunctive relief in circuit court, under the fairly debatable standard of review....
...As the same issue has been certified to the Florida Supreme court by the first, third and fifth districts, we also certify the following question to the supreme court, as one of great public importance. *1266 ARE DECISIONS REGARDING SMALL-SCALE DEVELOPMENT AMENDMENTS PURSUANT TO SECTION 163.3187(1)(c), FLORIDA STATUTES, LEGISLATIVE IN NATURE AND, THEREFORE, SUBJECT TO THE FAIRLY DEBATABLE STANDARD OF REVIEW; OR QUASI-JUDICIAL, AND SUBJECT TO STRICT SCRUTINY? Based on the foregoing, we deny the petition. [2] PETITION DENIED. STEVENSON and HAZOURI, JJ., concur. NOTES [1] The court stated, "[w]e do note that in 1995, the legislature amended section 163.3187(1)(c), Florida Statutes, which provides special treatment for comprehensive plan amendments directly related to proposed small-scale development activities....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1389301
...'s comprehensive plan from preservation, a classification which permits no development, to medium/high residential/tourist in order to construct a duplex on each of their two lots. We reverse. "[S]mall-scale development amendments sought pursuant to section 163.3187(1)(c) are legislative decisions which are subject to the fairly-debatable standard of review." Coastal Dev....
...Because I am not persuaded that our standard of review permits reversal in this case, I respectfully dissent. In Coastal Development,
788 So.2d at 205, the Florida Supreme Court held that "the small-scale development amendment decisions made pursuant to section
163.3187(1)(c), Florida Statutes (Supp....
...nsive plan amendment, it is difficult to determine that the [City's] decision was anything but `fairly debatable.'" I would affirm the decision of the circuit court. NOTES [1] Small-scale development amendments to comprehensive plans are governed by section 163.3187(1)(c), Florida Statutes (2003).
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 18759, 2010 WL 4962859
...Amendments to the comprehensive plan may not be made more than two times during any calendar year except: (a) in the case of an emergency, (b) when the amendment is directly related to a proposed development of regional impact, or (c) if the amendment is for a small scale development. § 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(l)(c). Section 163.3187(l)(c), provides an exception to the time limitation for small scale amendments to comprehensive plans if: 1....
...y with the City’s Comprehensive Plan; section
163.3161(7), which specifies that the purpose of the Act is to protect certain resources and to maintain the character and stability of development in this state through orderly growth and development; section
163.3187, which limits amendments to the Comprehensive Plan; and Article 6 of the City’s Zoning Code, designating key areas on the Miami River within a protected district due to its importance to the City’s economy, a designation that spe...
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2005 WL 3054154
...Before COPE, C.J., and SHEPHERD, J., and SCHWARTZ, Senior Judge. COPE, C.J. The question before us is how to calculate the time when an affected person petitions the Division of Administrative Hearings ("DOAH") to challenge a small scale development amendment which has been adopted by a local government. See § 163.3187(3)(a), Fla....
...sion 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. . . . §
163.3187(3)(a), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1991 WL 111478
...denied,
486 So.2d 595 (Fla. 1986). [6] See, e.g., City of Melbourne v. Hess Realty Corp.,
575 So.2d 774 (Fla. 5th DCA 1991); Battaglia Fruit Co. v. City of Maitland,
530 So.2d 940 (Fla. 5th DCA 1988); Hillsborough County v. Putney,
495 So.2d 224 (Fla. 2d DCA 1986). [7] Section
163.3187, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 240, 2001 Fla. LEXIS 742, 2001 WL 360429
...and The Florida Chapter of the American Planning Association, Amicus Curiae. WELLS, C.J. We have for review a decision on the following question certified to be of great public importance: ARE DECISIONS REGARDING SMALL SCALE DEVELOPMENT AMENDMENTS PURSUANT TO SECTION 163.3187(1)(c), FLORIDA STATUTES, LEGISLATIVE IN NATURE AND, THEREFORE, SUBJECT TO THE FAIRLY DEBATABLE STANDARD OF REVIEW; OR QUASI JUDICIAL, AND SUBJECT TO STRICT SCRUTINY? Minnaugh v....
...We have answered this exact question in Coastal Development of North Florida, Inc. v. City of Jacksonville Beach, No. SC95686, ___ So.2d ___,
2001 WL 360443 (Fla. April 12, 2001), by holding that small-scale development amendment decisions made pursuant to section
163.3187(1)(c), Florida Statutes (Supp.1996), are decisions *1056 which are legislative in nature and subject to the fairly-debatable standard of review....
CopyPublished | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 13875
...Counties and municipalities may enter into agreements to exercise joint powers under the Act by formal adoption of an official agreement. See §
163.3171(3), Fla. Stat. Adopted comprehensive plans may be amended by the local governmental body pursuant to section
163.3187, Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 16707
...amily Residential” to “Restricted Commercial.” The amendment did not change the “Medium Density Multifamily Residential” for Parcel 1. The City passed the amendment pursuant to the procedures for small-scale development amendments found in section 163.3187(l)(c), Florida Statutes (2005)....
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
Mr. G.R. McClelland City Attorney City of Largo Post Office Box 296 Largo, Florida 34294-0296 Dear Mr. McClelland: This is in response to your request for an opinion on substantially the following questions: 1. WHETHER s. 163.3187 , F.S., LIMITING THE NUMBER OF TIMES PER YEAR A LOCAL GOVERNMENT MAY AMEND ITS COMPREHENSIVE PLAN APPLIES ONLY TO PLANS OR AMENDED PLANS ADOPTED PURSUANT TO THE 1985 ACT? 2....
...1985 Act). See, Ch. 85-55, Laws of Florida; AGO 85-56. As stated in AGO 85-56, "[t]he amendments to the [former] act generally strengthen the role of comprehensive planning for local governments and modify the requirements and elements of the plan." Section 163.3187 (1), F.S., in pertinent part, now reads: Amendments to comprehensive plans adopted pursuant to this part may be made not more than two times during any calendar year, except, in the case of an emergency, comprehensive plan amendments...
...1980); Tower Credit Corporation v. State,
187 So.2d 923 (4 D.C.A.Fla, 1966); 82 C.J.S. Statutes s. 384. Applying these fundamental rules of statutory construction, it appears that the Legislature intended that the two amendments per year limitation contained in s.
163.3187 , F.S., apply to all comprehensive plans adopted pursuant to Part II of Ch....
...gh orderly growth and development, the character and stability of present and future land use and development in this state." I can ascertain no legislative intent which would permit the disparate application of the amendment limitation contained in s. 163.3187 to comprehensive plans adopted before and after the 1985 amendments. I am therefore of the opinion that the provisions of s. 163.3187 (1), F.S., limiting the amendment of comprehensive plans to two times during any calendar year, except under the conditions specified therein, apply with equal force and effect to plans adopted pursuant to Part II of Ch....
...e provisions of the 1985 Act shall govern, except where the other provisions of law meet or exceed the provisions of the 1985 Act. In conclusion, I am therefore of the opinion that, until and unless judicially determined otherwise, the provisions of s. 163.3187 (1), F.S., limiting the amendment of comprehensive plans to two times during any calendar year, except under the conditions specified therein, apply to all comprehensive plans adopted pursuant to Part II of Ch....
CopyAgo (Fla. Att'y Gen. 1983).
Published | Florida Attorney General Reports
describes the future land use plan element. Section
163.3187, F.S., sets forth the procedure for amendment
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
thereof or adopt it with changes or amendments.' Section
163.3187 provided prior to amendment that amendments
CopyPublished | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 18682, 2010 WL 4962873
...*264 Amendments to the comprehensive plan may not be made more than two times during any calendar year except: (a) in the case of an emergency, (b) when the amendment is directly related to a proposed development of regional impact, or (c) if the amendment is for a small scale development. § 163.3187(l)(a)-(c), Fla. Stat. (2005). The Riverside FLUM Amendment was sought and was granted as a small scale development pursuant to section 163.3187, Fla....
...y with the City’s Comprehensive Plan; section
163.3161(7), which specifies that the purpose of the Act is to protect certain resources and to maintain the character and stability of development in this state through orderly growth and development; section
163.3187, which limits amendments to the Comprehensive Plan; and Article 6 of the City’s Zoning Code, designating key areas on the Miami River as protected *266 property within a protected district due to its importance to the City’s econ...
...Before RAMIREZ, C.J., and GERSTEN, WELLS, SHEPHERD, SUAREZ, CORTIÑAS, ROTHENBERG, LAGOA and SALTER, JJ. . Ordinance Number 12761. . The first reading was on July 28, 2005, and the ordinance was ultimately passed by the City on January 26, 2006. Because the FLUM Amendment was sought as a small scale development pursuant to section 163.3187, Fla....
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
concern would be unsupportable on my part. Section
163.3187, F. S., provides that the procedure for amending
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 19009, 2010 WL 5072509
...ot accessible from any external road[.] After the Amendment changing the subject property’s future land use category from CL to RVP was adopted, Appellee, the owner of neighboring property, challenged the Amendment under the procedure set forth in section 163.3187(3)(a), Florida Statutes (2008)....
...ity.” Based on the adoption of the ALJ’s findings and conclusions, as modified, the Commission held that the Amendment had no legal effect. II. Analysis A. Standard of Review The amendment at issue in this case was adopted under the authority of section 163.3187(l)(c), Florida Statutes (2008). Section 163.3187(3)(a) provides for review of amendments adopted under section 163.3187(l)(c) under the following terms: The state land planning agency shall not review or issue a notice of intent for small scale development amendments which satisfy the requirements of para *27 graph (l)(c)....
...The local government’s determination shall be sustained unless it is shown by a preponderance of the evidence that the amendment is not in compliance with the requirements of this act. In any proceeding initiated pursuant to this subsection, the state land planning agency may intervene. § 163.3187(3)(a)....
...in the Plan where more specific policies existed is an issue of law to be reviewed de novo. See Nassau County v. Willis,
41 So.3d 270, 278 (Fla. 1st DCA 2010). In reviewing this issue de novo, however, we bear in mind that the ALJ was required under section
163.3187(3)(a) to presume that the County’s determination that the Amendment complied with the Act (and, thus, was consistent with the Plan) was correct....
...by the Plan and the LDC. Therefore, the ALJ’s finding of “severe environmental limitations” was insufficient to justify overriding the County’s determination that the Amendment was proper, particularly in light of the presumption required by section 163.3187(3)(a)....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 11003, 2000 WL 1230216
...Comprehensive Plan. We agree that the trial court misapplied the law and, accordingly, grant certiorari. In City of Jacksonville Beach v. Coastal Development of North Florida, Inc., this court held that decisions regarding SSCPA requests pursuant to section 163.3187(l)(e), Florida Statutes (Supp....
...pellate Procedure 9.030(a)(2)(A)(v), amend our previous opinion to include certification of the following question to the Florida Supreme Court as one of great public importance: ARE DECISIONS REGARDING SMALL SCALE DEVELOPMENT AMENDMENTS PURSUANT TO SECTION 163.3187(l)(c), FLORIDA STATUTES, LEGISLATIVE IN NATURE AND, THEREFORE, SUBJECT TO THE FAIRLY DEBATABLE STANDARD OF REVIEW; OR QUASI-JUDICIAL, AND SUBJECT TO STRICT SCRUTINY? JOANOS, PADOVANO and BROWNING, JJ, concur.
CopyPublished | Florida 5th District Court of Appeal | 1998 WL 880601
...Augustine, for Respondent. W. SHARP, Judge. Fleeman petitions this court for certiorari review of the circuit court's dismissal of his petition for certiorari, which sought review of a zoning decision involving a small parcel comprehensive plan amendment, pursuant to section 163.3187(1)(c)....
...He sought an amendment to the comprehensive plan to expand the depth of the commercial designation, in order to allow him to build a small commercial development fronting on A1A. Because the change involved less than ten acres, the application was filed pursuant to section 163.3187(1)(c), Florida Statutes. That section allows small parcel amendments to the city's comprehensive plan to be accomplished with only one public hearing and no mandatory state level reviews. Section 163.3187(1)(c) provides in part: Any local government comprehensive plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments to the local comprehensive plan.......
...to chapter 163, are legislative decisions subject to the fairly debatable standard of review, even when the requested amendment being sought deals with only one piece of property. The court expressly noted, however, that the legislature had amended section 163.3187(1)(c) in 1995 to provide special treatment for comprehensive plan amendments directly related to proposed small-scale development activities....
