CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...[3] At one point in its brief, Sanibel contends that because it accomplishes its land use control through the vehicle of a comprehensive land use plan adopted under the authority of the Local Government Comprehensive Planning Act of 1975, section
166.041(3)(c) has no continuing efficacy in the City of Sanibel. It points to section
163.3211, Florida Statutes (1979), which provides that if the Act is in conflict with other laws relating to local governments having authority to regulate the development of land, its provisions "shall govern unless the provisions of this ac...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1994 WL 57931
...Metropolitan Dade County,
528 So.2d 904 (Fla. 3d DCA 1987). It is argued that a proper interpretation of the applicable statutory provisions would be to permit the plan amendment to proceed simultaneously with the appeal of the development order decision. Section
163.3211 specifically requires that the Local Government Comprehensive Planning and Land Development Regulation Act controls when in conflict with other statutes....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 1025
...That holding appears eminently correct, not only because the legislature had previously given the state agency preemptive authority on this issue, see, e.g., sections
334.044 and
339.155, Florida Statutes (Supp. 1984), but also because the statutory scheme on local planning requires deference to the state agency. §
163.3211, Fla....
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
...have been superseded and repealed. Town of Palm Beach v. Palm Beach Local 1866 of International Association of Fire Fighters,
275 So.2d 247 (Fla. 1973). The 1985 Act expressly deals with the question of conflict between the 1985 Act and other laws. Section
163.3211 , F.S., provides: Where this act may be in conflict with any other provision or provisions of law relating to local governments having authority to regulate the development of land, the provisions of this act shall govern unless the...
...As stated above, the 1985 Act expressly recognizes the continuing legal force and effect of other provisions of law relating to local government which meet or exceed the provisions of the 1985 Act, including land development regulations adopted pursuant to Ch. 125 or Ch. 166 , F.S. Section 163.3211 , F.S....
...163 , F.S., do not expressly supersede or preempt other general or special laws dealing with comprehensive planning and land use development; however to the extent of any positive inconsistencies or irreconcilable repugnancy between the 1985 Act and any special act relating to Pinellas County, as provided in s. 163.3211 , F.S., the provisions of the 1985 Act are to govern unless the provisions of Part II of Ch....
