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Florida Statute 163.3215 | Lawyer Caselaw & Research
F.S. 163.3215 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. 163.3215
163.3215 Standing to enforce local comprehensive plans through development orders.
(1) Subsections (3) and (4) provide the exclusive methods for an aggrieved or adversely affected party to appeal and challenge the consistency of a development order with a comprehensive plan adopted under this part. The local government that issues the development order is to be named as a respondent in all proceedings under this section. Subsection (3) shall not apply to development orders for which a local government has established a process consistent with the requirements of subsection (4). A local government may decide which types of development orders will proceed under subsection (4). Subsection (3) shall apply to all other development orders that are not subject to subsection (4).
(2) As used in this section, the term “aggrieved or adversely affected party” means any person or local government that will suffer an adverse effect to an interest protected or furthered by the local government comprehensive plan, including interests related to health and safety, police and fire protection service systems, densities or intensities of development, transportation facilities, health care facilities, equipment or services, and environmental or natural resources. The alleged adverse interest may be shared in common with other members of the community at large but must exceed in degree the general interest in community good shared by all persons. The term includes the owner, developer, or applicant for a development order.
(3) Any aggrieved or adversely affected party may maintain a de novo action for declaratory, injunctive, or other relief against any local government to challenge any decision of such local government granting or denying an application for, or to prevent such local government from taking any action on, a development order, as defined in s. 163.3164, on the basis that the development order materially alters the use or density or intensity of use on a particular piece of property, rendering it not consistent with the comprehensive plan adopted under this part. The de novo action must be filed no later than 30 days following rendition of a development order or other written decision, or when all local administrative appeals, if any, are exhausted, whichever occurs later.
(4) If a local government elects to adopt or has adopted an ordinance establishing, at a minimum, the requirements listed in this subsection, the sole method by which an aggrieved and adversely affected party may challenge any decision of local government granting or denying an application for a development order, as defined in s. 163.3164, which materially alters the use or density or intensity of use on a particular piece of property, is by an appeal filed by a petition for writ of certiorari filed in circuit court no later than 30 days following rendition of a development order or other written decision of the local government, or when all local administrative appeals, if any, are exhausted, whichever occurs later. An action for injunctive or other relief may be joined with the petition for certiorari. Principles of judicial or administrative res judicata and collateral estoppel apply to these proceedings. Minimum components of the local process are as follows:
(a) The local process must make provision for notice of an application for a development order that materially alters the use or density or intensity of use on a particular piece of property, including notice by publication or mailed notice consistent with the provisions of ss. 125.66(5)(b)2. and 3. and 166.041(3)(c)2.b. and c., and must require prominent posting at the job site. The notice must be given within 10 days after the filing of an application for a development order; however, notice under this subsection is not required for an application for a building permit or any other official action of local government which does not materially alter the use or density or intensity of use on a particular piece of property. The notice must clearly delineate that an aggrieved or adversely affected person has the right to request a quasi-judicial hearing before the local government for which the application is made, must explain the conditions precedent to the appeal of any development order ultimately rendered upon the application, and must specify the location where written procedures can be obtained that describe the process, including how to initiate the quasi-judicial process, the timeframes for initiating the process, and the location of the hearing. The process may include an opportunity for an alternative dispute resolution.
(b) The local process must provide a clear point of entry consisting of a written preliminary decision, at a time and in a manner to be established in the local ordinance, with the time to request a quasi-judicial hearing running from the issuance of the written preliminary decision; the local government, however, is not bound by the preliminary decision. A party may request a hearing to challenge or support a preliminary decision.
(c) The local process must provide an opportunity for participation in the process by an aggrieved or adversely affected party, allowing a reasonable time for the party to prepare and present a case for the quasi-judicial hearing.
(d) The local process must provide, at a minimum, an opportunity for the disclosure of witnesses and exhibits prior to hearing and an opportunity for the depositions of witnesses to be taken.
(e) The local process may not require that a party be represented by an attorney in order to participate in a hearing.
(f) The local process must provide for a quasi-judicial hearing before an impartial special master who is an attorney who has at least 5 years’ experience and who shall, at the conclusion of the hearing, recommend written findings of fact and conclusions of law. The special master shall have the power to swear witnesses and take their testimony under oath, to issue subpoenas and other orders regarding the conduct of the proceedings, and to compel entry upon the land. The standard of review applied by the special master in determining whether a proposed development order is consistent with the comprehensive plan shall be strict scrutiny in accordance with Florida law.
(g) At the quasi-judicial hearing, all parties must have the opportunity to respond, to present evidence and argument on all issues involved which are related to the development order, and to conduct cross-examination and submit rebuttal evidence. Public testimony must be allowed.
(h) The local process must provide for a duly noticed public hearing before the local government at which public testimony is allowed. At the quasi-judicial hearing, the local government is bound by the special master’s findings of fact unless the findings of fact are not supported by competent substantial evidence. The governing body may modify the conclusions of law if it finds that the special master’s application or interpretation of law is erroneous. The governing body may make reasonable legal interpretations of its comprehensive plan and land development regulations without regard to whether the special master’s interpretation is labeled as a finding of fact or a conclusion of law. The local government’s final decision must be reduced to writing, including the findings of fact and conclusions of law, and is not considered rendered or final until officially date-stamped by the city or county clerk.
(i) An ex parte communication relating to the merits of the matter under review may not be made to the special master. An ex parte communication relating to the merits of the matter under review may not be made to the governing body after a time to be established by the local ordinance, which time must be no later than receipt of the special master’s recommended order by the governing body.
(j) At the option of the local government, the process may require actions to challenge the consistency of a development order with land development regulations to be brought in the same proceeding.
(5) Venue in any cases brought under this section shall lie in the county or counties where the actions or inactions giving rise to the cause of action are alleged to have occurred.
(6) The signature of an attorney or party constitutes a certificate that he or she has read the pleading, motion, or other paper and that, to the best of his or her knowledge, information, and belief formed after reasonable inquiry, it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or for economic advantage, competitive reasons or frivolous purposes or needless increase in the cost of litigation. If a pleading, motion, or other paper is signed in violation of these requirements, the court, upon motion or its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney’s fee.
(7) In any proceeding under subsection (3) or subsection (4), no settlement shall be entered into by the local government unless the terms of the settlement have been the subject of a public hearing after notice as required by this part.
(8)(a) In any proceeding under subsection (3), either party is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar, subject to paragraph (b).
(b) Upon a showing by either party by clear and convincing evidence that summary procedure is inappropriate, the court may determine that summary procedure does not apply.
(c) The prevailing party in a challenge to a development order filed under subsection (3) is entitled to recover reasonable attorney fees and costs incurred in challenging or defending the order, including reasonable appellate attorney fees and costs.
(9) Neither subsection (3) nor subsection (4) relieves the local government of its obligations to hold public hearings as required by law.
History.s. 18, ch. 85-55; s. 901, ch. 95-147; s. 10, ch. 2002-296; s. 7, ch. 2019-165; s. 4, ch. 2023-115; s. 10, ch. 2023-309.

F.S. 163.3215 on Google Scholar

F.S. 163.3215 on Casetext

Amendments to 163.3215


Arrestable Offenses / Crimes under Fla. Stat. 163.3215
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 163.3215.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MDXQ, LLC, v. MIAMI- DADE COUNTY,, 271 So. 3d 68 (Fla. App. Ct. 2019)

. . . consistency determination, MDXQ was entitled to a de novo review of that determination pursuant to section 163.3215 . . . complaint and its attachments, as well as the plain language of the County's Master Plan and section 163.3215 . . . also properly concluded that, in the absence of a development order, a cause of action under section 163.3215 . . .

LITTLE CLUB CONDOMINIUM ASSOCIATION, a a a v. MARTIN COUNTY, a LLC RG LLC,, 259 So. 3d 864 (Fla. App. Ct. 2018)

. . . At the same time, they brought a section 163.3215(3), Florida Statutes (2016) action in the trial court . . . Section 163.3215(3) permits only a challenge to a county board action, "which materially alters the use . . . Section 163.3215(3) provides the right to a de novo "action" before the trial court. . . .

MINTO PBLH, LLC, v. FRIENDS OF FLORIDA, INC. PBC,, 228 So. 3d 147 (Fla. Dist. Ct. App. 2017)

. . . , now appeals an order denying its motion for attorney’s fees under both section 57.105 and section 163.3215 . . . Moreover, the trial court properly denied sanctions against 1000 Friends under section 163.3215(6), Florida . . .

HEINE v. LEE COUNTY, a LLC, a, 221 So. 3d 1254 (Fla. Dist. Ct. App. 2017)

. . . entered in favor of Alico West Fund,' LLC, and -Lee County, in the Heines’ lawsuit brought under section 163.3215 . . . action ... to challenge any decision of such local government granting ... a development order.” § 163.3215 . . . Shidel, 795 So.2d 191, 200 (Fla. 4th DCA 2001) (“[W]e observed that section 163.3215 had liberalized . . . There, the Fourth District recognized that “[sjection 163.3215 enlarged the class of persons with standing . . . Martin County, 134 So.3d 966, 967 (Fla. 1st DCA 2010) (“Section 163.3215 is a remedial statute designed . . .

HERBITS, v. CITY OF MIAMI,, 207 So.3d 274 (Fla. Dist. Ct. App. 2016)

. . . relating to the project are governed by the Growth Management Act of 1985 and a separate statute, section 163.3215 . . .

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

. . . final order dismissing RAF’s complaint, which included a consistency challenge pursuant to section 163.3215 . . .

CITY OF MIAMI, v. VILLAGE OF KEY BISCAYNE, 197 So. 3d 580 (Fla. Dist. Ct. App. 2016)

. . . Among other things, the Village’s lawsuit alleged, pursuant to - section 163.3215 of the Florida Statutes . . .

AHEARN, v. MAYO CLINIC, A A, 180 So. 3d 165 (Fla. Dist. Ct. App. 2015)

. . . standing to enforce local comprehensive plans through development orders,” which is contained in section 163.3215 . . . Willis, 41 So.3d 270 (Fla. 1st DCA 2010j, we found standing under section 163.3215(2) where a party’s . . .

J. HOWELL, v. PASCO COUNTY, 165 So. 3d 12 (Fla. Dist. Ct. App. 2015)

. . . favor of Outlaw Ridge, Inc., in the Howell parties’ consistency action brought pursuant to section 163.3215 . . . Statutes (2012), and, therefore, that the Howell parties could not bring an action pursuant to section 163.3215 . . .

O NEIL, O v. WALTON COUNTY, a a A. E. Jr., 149 So. 3d 699 (Fla. Dist. Ct. App. 2014)

. . . See § 163.3215(3), Fla. Stat. . . . But because § 163.3215 is predicated upon showing a material alteration of property inconsistent with . . . If the PUD materially altered the primary dune and CPZ on the property for purposes of § 163.3215, then . . . See § 163.3215(3), Fla. . . . Rather, both the 2010 and 2013 Orders were susceptible to de novo challenge under § 163.3215. . . .

SEMINOLE TRIBE OF FLORIDA, v. HENDRY COUNTY, a Co. LLC, a, 114 So. 3d 1073 (Fla. Dist. Ct. App. 2013)

. . . This case involves the interplay of section 163.3215, Florida Statutes (2011), and sections 403.501-.518 . . . The Tribe filed a complaint for declaratory relief pursuant to section 163.3215(3) to challenge the County . . . opined that in cases such as this one, involving power plants, the procedures set forth in section 163.3215 . . . third amended complaint in the declaratory action, arguing that the PPSA completely preempted section 163.3215 . . . case, the trial court was incorrect in its assessment that preemption could therefore bar a section 163.3215 . . .

SEMINOLE TRIBE OF FLORIDA, v. HENDRY COUNTY, a CO. LLC, a, 106 So. 3d 19 (Fla. Dist. Ct. App. 2013)

. . . The circuit court properly found that section 163.3215, Florida Statutes (2011), would preclude the Seminole . . . methods for a party to challenge the consistency of a development order with a comprehensive plan. § 163.3215 . . . party may maintain a de novo action for declaratory or other relief to challenge a development order. § 163.3215 . . . Though section 163.3215(4) provides that an adversely affected party may challenge a development order . . .

W. A. R. INC. v. LEVY COUNTY LLC,, 93 So. 3d 1244 (Fla. Dist. Ct. App. 2012)

. . . appeals a final order denying declaratory and injunctive relief in appellant’s action pursuant to section 163.3215 . . .

L. PRUITT v. G. SANDS,, 84 So. 3d 1267 (Fla. Dist. Ct. App. 2012)

. . . See § 163.3215(1), Fla. Stat. (2000). . . .

GRAVES, v. CITY OF POMPANO BEACH, CITY COMMISSION, a PPI, INC., 74 So. 3d 595 (Fla. Dist. Ct. App. 2011)

. . . concluded that the City’s plat approval is not a “development order” subject to challenge under section 163.3215 . . . Thus, the plat approval may not be challenged as a development order under section 163.3215. . . . Section 163.3215 specifically provides that a “development order” is “as defined in s. 163.3164”: Any . . . The appellants’ motion for rehearing ignores section 163.3215’s use of the phrase “as defined in s. 163.3164 . . . Section 163.3215 creates a cause of action limited to a development order “as defined in section 163.3164 . . . Under section 163.3215(3), Florida Statutes (2009), an aggrieved or adversely affected party may maintain . . . motion to dismiss and concluded that the City’s plat approval was not subject to challenge under section 163.3215 . . . Appellants alleged in their complaint that the plat approval was a development order under section 163.3215 . . . In reviewing dismissal of a complaint seeking relief under section 163.3215, the standard of review is . . . attendant development consequences, constitutes a development order subject to challenge under section 163.3215 . . .

MARTIN COUNTY CONSERVATION ALLIANCE v. MARTIN COUNTY, LLC, LC,, 73 So. 3d 856 (Fla. Dist. Ct. App. 2011)

. . . Willis, 41 So.3d 270, 276-78 (Fla. 1st DCA 2010) (explaining section 163.3215, Florida Statutes, created . . . the test for standing under section 120.68 is similar to the statutory test established in section 163.3215 . . . Appellants concede that standing is “liberalized” under section 163.3215, but argue that the statutes . . . As noted in Nassau County, standing under section 163.3215 is broadly granted, but even under that test . . .

A. BUSH A. v. CITY OF MEXICO BEACH,, 71 So. 3d 147 (Fla. Dist. Ct. App. 2011)

. . . , as the City argues, that consistency issues must be raised in an action filed pursuant to section 163.3215 . . . Cook was entitled to seek certiorari review in circuit court rather than an injunction under section 163.3215 . . .

D. REHMAN, v. LAKE COUNTY,, 56 So. 3d 852 (Fla. Dist. Ct. App. 2011)

. . . The proceeding below was an action for declaratory and injunctive relief brought pursuant to section 163.3215 . . . Comprehensive Plan, the trial court properly entered summary judgment on Rehman’s claim brought under section 163.3215 . . .

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

. . . standing two of four petitioners (Payne and the Marine Group) who had filed a challenge under Section 163.3215 . . .

ARBOR PROPERTIES, INC. PUD, LLC, PUD II, LLC. v. LAKE JACKSON PROTECTION ALLIANCE, INC. S. E. C. C., 51 So. 3d 502 (Fla. Dist. Ct. App. 2010)

. . . Appellees filed a complaint against the County under section 163.3215, Florida Statutes, seeking to invalidate . . .

MARTIN COUNTY CONSERVATION ALLIANCE v. MARTIN COUNTY, LLC, LC,, 134 So. 3d 966 (Fla. Dist. Ct. App. 2010)

. . . inapposite as it addresses the standing requirements for a circuit court proceeding pursuant to section 163.3215 . . . Section 163.3215 is a remedial statute designed to enlarge the class of persons with standing to challenge . . .

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)

. . . . § 163.3215 Whether a party has standing to enforce a local comprehensive plan is a pure question of . . . Section 163.3215, Florida Statutes, (2006) provides: 163.3215 Standing to enforce local comprehensive . . . Pursuant to section 163.3215, a party’s standing to enforce a comprehensive plan depends on it being . . . District held that a party must demonstrate a specific injury to have standing pursuant to section 163.3215 . . . Appellee’s established themselves as “aggrieved and adversely affected” parties pursuant to section 163.3215 . . . As Plaintiffs assert, the standard of review for statutory standing under section 163.3215 to challenge . . . The 1985 adoption of section 163.3215, however, liberalized the standing requirements by providing a . . . Section 163.3215 is a remedial statute which must be liberally construed in order to protect the public . . . Prior to the enactment of section 163.3215, limitations on standing resulted in “a failure to conform . . . Rather, section 163.3215 requires only that the adverse interest exceed in degree that of the public’ . . .

PRESIDENTS COUNCIL OF SD, INC. v. WALTON COUNTY, II, LLC,, 36 So. 3d 764 (Fla. Dist. Ct. App. 2010)

. . . properly determined that the action for declaratory and injunctive relief was untimely under section 163.3215 . . . Section 163.3215(3) provides that an action for declaratory or injunctive relief to contest a development . . . The appellants’ circuit court action was filed long after the thirty-day time limit under section 163.3215 . . . The appellants’ failure to bring their circuit court action within the time allowed under section 163.3215 . . . claim because it was not brought within the jurisdictional time limits provided in section 163.3215( . . .

M. JOHNSON, v. GULF COUNTY, a Jr. D K LLC, a GROUP, LLC, a, 26 So. 3d 33 (Fla. Dist. Ct. App. 2009)

. . . The neighbors alleged standing under section 163.3215(3), Florida Statutes (2006). . . . complaint ruling that Johnson and the other neighbors did not possess standing to seek relief under section 163.3215 . . . activities materially altered the use, density, or intensity of the use of the land pursuant to section 163.3215 . . . entitled to a de novo hearing to challenge the decision of Gulf County to permit Rish’s development. § 163.3215 . . . Section 163.3215(3), Florida Statutes (2006), provides in pertinent part: (3) Any aggrieved or adversely . . .

D. KEENE, v. ZONING BOARD OF ADJUSTMENT,, 22 So. 3d 665 (Fla. Dist. Ct. App. 2009)

. . . does not help that the issue in this case is whether Keene is entitled to a judgment under section 163.3215 . . . Keene promptly filed suit pursuant to section 163.3215, Florida Statutes, challenging the Wilsons’ Special . . . Remember, section 163.3215 only does one thing. . . . Keene does not have a cause of action under section 163.3215. . . . Section 163.3215 is not designed to cover every land use dispute in Florida. . . . . The dissent questions whether the SUP issued to the Wilsons is a development order under section 163.3215 . . . Section 163.3215(6) defines “development" as having the meaning in section 380.04, Florida Statutes, . . .

BAY COUNTY LLC, v. HARRISON, 13 So. 3d 115 (Fla. Dist. Ct. App. 2009)

. . . . § 163.3215(3), Fla. Stat. (2005). . . . Section 163.3215(3), Florida Statutes (2007), permits “[a]ny aggrieved or adversely affected party” to . . . adverse effect to an interest protected or furthered by the local government comprehensive plan....” § 163.3215 . . . Because section 163.3215 is a remedial statute affording aggrieved parties the right to enforce comprehensive . . . Palm Beach County, 751 So.2d 621, 623 (Fla. 4th DCA 1999) (explaining that “[sjection 163.3215 enlarged . . .

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

. . . On August 10, 2006, Plaintiffs filed this suit against the County, pursuant to section 163.3215, challenging . . . Palm Beach County, 751 So.2d 621, 623 (Fla. 4th DCA 1999) (section 163.3215 is a remedial statute in . . . As a remedial statute, section 163.3215 is to “be liberally construed to advance the intended remedy. . . . See § 163.3215(2), Fla. Stat. (2007); see also Fla. Rock Props. v. . . . The action underlying this appeal was brought pursuant to section 163.3215(3), Florida Statutes. . . . . majority opinion eviscerates the “adverse effect” element of the standing requirement in subsection 163.3215 . . . Subsection 163.3215(2) defines an “aggrieved or adversely affected party” as “any person or local government . . .

CITY OF FORT MYERS, a v. SPLITT, a a a a, 988 So. 2d 28 (Fla. Dist. Ct. App. 2008)

. . . The Applicable Law of Standing The section 163.3215 standard for standing applied by the trial court . . . The term includes the owner, developer, or applicant for a development order. § 163.3215(2) (emphasis . . . It has repeatedly been acknowledged that the standing provisions of section 163.3215 were adopted to . . . The difference between the section 163.3215 standard and the Renard special damages test is immediately . . . In determining the standing issue on the basis of section 163.3215, the circuit court failed to apply . . .

DUNLAP, v. ORANGE COUNTY,, 971 So. 2d 171 (Fla. Dist. Ct. App. 2007)

. . . Section 163.3215(2) of the Florida Statutes (2004) authorizes an “aggrieved or adversely affected” party . . . The statute reads, in relevant part, as follows: 163.3215. . . . The term includes the owner, developer, or applicant for a development order. § 163.3215(2), Fla. . . . The homeowners further argue that the trial court erred in concluding that section 163.3215, Florida . . . Section 163.3215 of the Florida Statutes (2004) reads, in pertinent part: 163.3215. . . .

STRANAHAN HOUSE, INC. a a v. CITY OF FORT LAUDERDALE, a L. P. a, 967 So. 2d 1121 (Fla. Dist. Ct. App. 2007)

. . . for review of the alternative site plan, it filed a declaratory judgment action pursuant to section 163.3215 . . . Such claims must be filed as a declaratory judgment action pursuant to section 163.3215(3) and are not . . .

STRANAHAN HOUSE, INC. v. CITY OF FORT LAUDERDALE, a L. P. a, 967 So. 2d 427 (Fla. Dist. Ct. App. 2007)

. . . months later for declaratory and injunctive relief against the City and Coolidge pursuant to section 163.3215 . . . Section 163.3215(1), Florida Statutes (2006), provides that “subsections (3) and (4) provide the exclusive . . . alternative site plan because they are not “aggrieved or adversely affected parties” under section 163.3215 . . . adverse effect to an interest protected or furthered by the local government comprehensive plan.... ” § 163.3215 . . . The adoption of section 163.3215 liberalized the standing requirements for enforcing a comprehensive . . .

PALAZZO LAS OLAS GROUP LLC, v. CITY OF FORT LAUDERDALE, a a, 966 So. 2d 497 (Fla. Dist. Ct. App. 2007)

. . . Count V sought declaratory and injunctive relief pursuant to section 163.3215, Florida Statutes, which . . .

M. JOHNSON, P. E. R. W. v. GULF COUNTY, a Jr., 965 So. 2d 298 (Fla. Dist. Ct. App. 2007)

. . . initial complaint against Gulf County and William Joseph Rish, Jr. for injunctive relief under section 163.3215 . . . Section 163.3215(3) allows “[a]ny aggrieved or adversely affected party” to bring suit to challenge “ . . . Appellants assert that, in addition to the claim under section 163.3215(3), they also seek to file a . . .

McNAMARA, P. A. K. v. CITY OF LAKE WORTH, a, 956 So. 2d 509 (Fla. Dist. Ct. App. 2007)

. . . and Anabeth Karson filed a complaint against the City of Lake Worth under Florida Statutes section 163.3215 . . . granted final summary judgment in favor of Lake Worth because the complaint did not comply with section 163.3215 . . .

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

. . . prohibition to prevent the circuit court from proceeding with a de novo action filed pursuant to section 163.3215 . . . Stebbins filed a complaint pursuant to section 163.3215, challenging the City’s development order that . . . In 2002, the Florida Legislature substantially amended section 163.3215 to address issues of standing . . . The 2002 amendment to section 163.3215 was intended to simplify the time limit for bringing the de novo . . . , Florida Statute, would be deleted and the time schedule in s. 163.3215(4), Florida Statute, would be . . .

PAYNE, v. CITY OF MIAMI,, 927 So. 2d 904 (Fla. Dist. Ct. App. 2005)

. . . River Marine Group’s (“Marine Group”) amended complaint, on their face, satisfy the requirements of § 163.3215 . . . Payne and the Marine Group both claim standing under section 163.3215. . . . However, the amended complaint fails to adequately allege, pursuant to the requirements of section 163.3215 . . . To have standing under section 163.3215 to challenge rezoning on the grounds that it is inconsistent . . . Looking first at section 163.3215, it is important to note that, as the Majority states, the statute . . . Section 163.3215, Florida Statutes (2004), sets forth the standing requirements for enforcing a local . . . The term includes the owner, developer, or applicant for a development order. § 163.3215(2), Fla. . . . Prior to the adoption of section 163.3215, common law rules for standing applied, requiring that the . . . City of West Palm Beach, 450 So.2d 204, 208 (Fla.1984)). ■ However, after section 163.3215 was adopted . . . See § 163.3215(2), Fla. Stat. (2004). . . .

LAKE ROSA v. BOARD OF COUNTY COMMISSIONERS,, 911 So. 2d 206 (Fla. Dist. Ct. App. 2005)

. . . ) appeal the final order rendered in their suit for injunctive and declaratory relief under section 163.3215 . . . phase two began on May 6, 2002, when the Coalition took the initial steps to file suit under section 163.3215 . . . We look first to section 163.3215, which governs when an action for injunctive or other relief may be . . . We believe that no earlier date can be assigned to the government action because section 163.3215(4), . . . Adverting to the provisions of section 163.3215(1), a challenge to a development may arise under any . . .

BRITT, v. CITY OF JACKSONVILLE,, 874 So. 2d 1196 (Fla. Dist. Ct. App. 2004)

. . . complaint with the clerk’s office within the required 30 day period for actions brought under section 163.3215 . . . Appellant states that she may not now refile her complaint because the 30-day period provided in section 163.3215 . . .

CITY OF COCONUT CREEK, a v. CITY OF DEERFIELD BEACH, a LLC,, 840 So. 2d 389 (Fla. Dist. Ct. App. 2003)

. . . Coconut Creek’s amended complaint sought to enjoin issuance of the site plan approval, under section 163.3215 . . . See § 163.3215(3)(b) (“Suit under this section shall be the sole action available to challenge the consistency . . . Section 163.3215(4) provides that: As a condition precedent to the institution of an action pursuant . . . Section 163.3215(4) is clear. . . . Where the presuit notice requirement of section 163.3215(4) has not been met, case law is clear in this . . .

ST. JOHNS COUNTY, v. DEPARTMENT OF COMMUNITY AFFAIRS, G., 836 So. 2d 1034 (Fla. Dist. Ct. App. 2002)

. . . Although Friends conceded that they lacked standing under section 163.3215(1), Florida Statutes, they . . . This court, while agreeing with Friends that they lacked standing based on section 163.3215, further . . . preventing the construction of the lines by asserting a challenge to a development order under section 163.3215 . . . only argument that Friends used because they conceded that they did not possess standing under section 163.3215 . . .

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

. . . The 1985 adoption of section 163.3215, however, liberalized the standing requirements by providing a . . . As a remedial statute, section 163.3215 should be liberally construed to ensure standing for a party . . . Under the liberalized standing requirements of section 163.3215, the Association, a group of property . . . Section 163.3215 only permits the Association to challenge a development order on the basis that it is . . . Section 163.3215(4), Florida Statutes (1991), requires that the Association file a verified complaint . . .

S. COMBS, K. v. CITY OF NAPLES, a, 834 So. 2d 194 (Fla. Dist. Ct. App. 2002)

. . . trial court dismissed count 1 for failure to comply with the condition precedent provision in section 163.3215 . . . However, count 1 of the complaint before us is not an action filed pursuant to section 163.3215. . . . Thus, we conclude the trial court erred by applying the condition precedent provision of section 163.3215 . . . lacked standing because he was not an “aggrieved or adversely affected person” as defined in section 163.3215 . . . They also qualify as an “aggrieved or adversely affected party” as defined in section 163.3215(2). . . .

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

. . . (2) and therefore had no standing to seek relief under section 163.3215. . . . That would render section 163.3215 meaningless and ineffectual. . . . See § 163.3215(4), Fla. . . . There is no similar provision in section 163.3215. . . . Stat. (2000), with § 163.3215(4), Fla. . . .

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

. . . See § 163.3215, Fla. Stat. (1995). . . .

H. LEE, v. ST. JOHNS COUNTY BOARD OF COUNTY COMMISSIONERS,, 776 So. 2d 1110 (Fla. Dist. Ct. App. 2001)

. . . Johns County Board of County Commissioners, filed pursuant to section 163.3215, Florida Statutes, challenging . . . court ruled that Lee failed to file her complaint within the thirty day time limit required by section 163.3215 . . . Appellees argue that Lee failed to timely comply with section 163.3215, which provides strict time limits . . . The time limit specified in section 163.3215(4) is jurisdictional. Bal Harbour Village v. . . . Section 163.3215(1) permits parties to challenge development orders, which are inconsistent with local . . .

VEAL M. v. ESCAMBIA COUNTY,, 773 So. 2d 625 (Fla. Dist. Ct. App. 2000)

. . . Palm Beach County, 751 So.2d 621, 623 (Fla. 4th DCA 1999) (construing section 163.3215, Florida Statutes . . . A similar provision in section 163.3215(4), Florida Statutes, has been construed as a jurisdictional . . .

DIXON, Jr. III, v. CITY OF JACKSONVILLE, a a, 774 So. 2d 763 (Fla. Dist. Ct. App. 2000)

. . . order was inconsistent with the comprehensive plan and sought injunc-tive relief pursuant to section 163.3215 . . .

In SECTION LAND GROUP, LTD. S. W. Co. C. C. V. V. V. I, LLC, L. v. I,, 252 B.R. 812 (Bankr. M.D. Fla. 2000)

. . . Stat. § 163.3215. . . . Stat. § 163.3215? . . . Stat. § 163.3215. . . . Stat. § 163.3215(b)? . . . Stat. § 163.3215. . . .

In SECTION LAND GROUP, LTD. S. W. Co. C. C. V. V. V. I, LLC, L. v. I,, 252 B.R. 819 (Bankr. M.D. Fla. 2000)

. . . . § 163.3215, which authorizes adversely affected persons to file suit in the Circuit Court challenging . . . Stat. § 163.3215; and that neither the site plan or the plat is inconsistent with the Collier County . . .

BAKER, v. METROPOLITAN DADE COUNTY, a k a a Of BMS, 774 So. 2d 14 (Fla. Dist. Ct. App. 2000)

. . . as being inconsistent with the land use plan, the sole method available is that provided by section 163.3215 . . .

FRIENDS OF FLORIDA, INC. v. ST. JOHNS COUNTY,, 765 So. 2d 216 (Fla. Dist. Ct. App. 2000)

. . . The appellants concede that they do not have standing under section 163.3215(1), Florida Statutes. . . . See §§ 163.3215(1), 163.3164, 380.04(3)(b). . . .

BRADY, v. CITY OF JACKSONVILLE, a, 764 So. 2d 715 (Fla. Dist. Ct. App. 2000)

. . . Because Elyse Brady and Valerie Britt failed to comply with a condition precedent under section 163.3215 . . .

LUTZ LAKE FERN ROAD NEIGHBORHOOD GROUPS, INC. v. HILLSBOROUGH COUNTY,, 779 So. 2d 380 (Fla. Dist. Ct. App. 2000)

. . . Count IV was an action pursuant to section 163.3215, Florida Statutes (1997), in which the Neighbors . . . asserted that, as to count IV, the Neighbors failed to timely file their action pursuant to section 163.3215 . . . writ of mandamus on the basis that “[a] cause of action brought by third parties pursuant to section 163.3215 . . . finds that [the Neighbors] have failed to comply with the condition precedent set forth in section 163.3215 . . . Section 163.3215 provides, in relevant part: (1) Any aggrieved or adversely affected party may maintain . . .

BUCK LAKE ALLIANCE, INC. v. BOARD OF COUNTY COMMISSIONERS OF LEON COUNTY,, 765 So. 2d 124 (Fla. Dist. Ct. App. 2000)

. . . review of a summary final judgment entered against it on its action challenging, pursuant to section 163.3215 . . . Appellant’s complaint was premised on section 163.3215, Florida Statutes (1997), a part of the Local . . . To the extent pertinent, section 163.3215 reads: (1) Any aggrieved or adversely affected party may maintain . . . an effort to comply with the condition precedent to the right to file an action set out in section 163.3215 . . . It first determined that, for purposes of section 163.3215, consistency with the comprehensive plan was . . .

PUTNAM COUNTY ENVIRONMENTAL COUNCIL, INC. v. BOARD OF COUNTY COMMISSIONERS OF PUTNAM COUNTY,, 757 So. 2d 590 (Fla. Dist. Ct. App. 2000)

. . . court dismissed the action, ruling PCEC did not possess standing to challenge the order under section 163.3215 . . . Section 163.3215 sets forth the standing requirements for parties seeking to enforce a local comprehensive . . . The statute provides: 163.3215. . . . Prior to the enactment of section 163.3215 in 1985, the common law rule for standing applied. . . . Testing PCEC’s allegations against the liberalized standing test of section 163.3215, we conclude that . . . In my view, those are distinctions without great import, and both should have standing under section 163.3215 . . . development is surrounded only by the developer’s own land, free from challenge pursuant to section 163.3215 . . .

VILLAGE OF KEY BISCAYNE, v. TESAURUS HOLDINGS, INC., 761 So. 2d 397 (Fla. Dist. Ct. App. 2000)

. . . The appellate division also held that the Council’s sole remedy was found in section 163.3215, Florida . . . development was in compliance with the Village’s master plan, was to bring an action pursuant to section 163.3215 . . . particular piece of property that is not consistent with the comprehensive plan adopted under this part.” § 163.3215 . . .

EDUCATION DEVELOPMENT CENTER, INC. d b a My L. v. PALM BEACH COUNTY, d b a, 751 So. 2d 621 (Fla. Dist. Ct. App. 1999)

. . . Preservation, Inc., and SAC Mercantile, Inc. filed a complaint with Palm Beach County pursuant to section 163.3215 . . . Section 163.3215 of the Florida Statutes allows an adversely affected third party to maintain an action . . . verified complaint with the local government within thirty days of the local government’s action. § 163.3215 . . . As a remedial statute, section 163.3215 should be liberally construed to advance the intended remedy, . . . Given this, a verified complaint is sufficient under section 163.3215(4) so long as it places the governmental . . .

CITY OF TALLAHASSEE, v. KOVACH, 733 So. 2d 576 (Fla. Dist. Ct. App. 1999)

. . . property owners, to afford them the opportunity to utilize the 80-day procedure set forth in section 163.3215 . . .

THOMAS, E. T. H. v. SUWANNEE COUNTY, a a S. P. Jr., 734 So. 2d 492 (Fla. Dist. Ct. App. 1999)

. . . In their pleading, the objecting neighbors sought relief under, inter alia, section 163.3215(1), Florida . . . the consistency of a development order with a comprehensive plan.” § 163.3215(3)(b), Fla Stat. (1993 . . . Section 163.3215, Florida Statutes (1993), lays down conditions precedent to filing in circuit court. . . . Relying on section 163.3215(4), Florida Statutes. (1993), the court below concluded that the objecting . . . Thereafter they pleaded their constitutional claims as somehow falling under section 163.3215. . . . .

COOK, v. CITY OF LYNN HAVEN,, 729 So. 2d 545 (Fla. Dist. Ct. App. 1999)

. . . the court stated that Cook’s cause of action was limited to the injunctive remedy provided in section 163.3215 . . . he was entitled to seek certiorari review in circuit court, rather than an injunction under section 163.3215 . . .

FRIENDS OF MATANZAS, INC. v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 729 So. 2d 437 (Fla. Dist. Ct. App. 1999)

. . . road right-of-way is outside the purview of “development orders” subject to challenge under section 163.3215 . . .

EDUCATION DEVELOPMENT CENTER, INC. d b a My L. d b a W. v. PALM BEACH COUNTY,, 721 So. 2d 1240 (Fla. Dist. Ct. App. 1998)

. . . court denied their amended petition solely on the basis that it lacked jurisdiction pursuant to section 163.3215 . . . was contrary to local comprehensive development plan, claimant should have pursued case under section 163.3215 . . . complaint asserting inconsistency with comprehensive plan should have been by action under section 163.3215 . . . those issues raised by Petitioners which are not exclusively reviewable by an action under section 163.3215 . . .

C. DAS, v. OSCEOLA COUNTY,, 715 So. 2d 1105 (Fla. Dist. Ct. App. 1998)

. . . appellants should be given a reasonable notice so that they can utilize the procedure set forth in section 163.3215 . . . If so, you must proceed pursuant to the provisions of section 163.3215, Florida Statutes, within 30 days . . . Section 163.3215 allows an “aggrieved party” to bring suit against a local government to prevent the . . . property owners, to afford them the opportunity to utilize the 30-day procedure set forth in section 163.3215 . . . Neither due process, section 163.3215, nor this court in Das I, required more. . . .

FLORIDA ROCK PROPERTIES, v. KEYSER,, 709 So. 2d 175 (Fla. Dist. Ct. App. 1998)

. . . who filed the lawsuit seeking the declaratory judgment, is not an aggrieved party pursuant to section 163.3215 . . . decision, Keyser alleged that he was an “aggrieved or adversely affected person” as defined in section 163.3215 . . . Section 163.3215, Florida Statutes, (1995) reads: 163.3215 Standing to enforce local comprehensive plans . . . See § 163.3215(2), Fla. Stat. (1995). . . . Section 163.3215 does not specify or explain the degree to which the protected interest must be affected . . . Section 163.3215 was enacted in 1985 as part of the Growth Management Act. . . . This section addresses standing as follows: 163.3215. . . .

A. SHAHAN, v. LISTLE, 703 So. 2d 1090 (Fla. Dist. Ct. App. 1997)

. . . Pursuant to section 163.3215, Florida Statutes (1995), Jeff and Laura Johnson (the Johnsons) filed a . . . Section 163.3215 provides, in pertinent part: As a condition precedent to the institution of an action . . . court determined that the Johnsons had standing to challenge the City’s ordinance pursuant to section 163.3215 . . .

POULOS, v. MARTIN COUNTY, 700 So. 2d 163 (Fla. Dist. Ct. App. 1997)

. . . This action was brought in the trial court pursuant to, section 163.3215, Florida Statutes (1995). . . . We conclude that section 163.3215 provides for a de novo, trial. . . . Appellants, in accord with section 163.3215, filed a verified complaint with the county alleging the . . . is consistent with our determination that section 163.3215 provides for a de novo trial. . . . This court has referred to the scope of the proceedings under section 163.3215. . . .

C. DAS, v. OSCEOLA COUNTY,, 685 So. 2d 990 (Fla. Dist. Ct. App. 1997)

. . . County alleged, among other things, that the crossclaim was time-barred because, pursuant to section 163.3215 . . . Section 163.3215, “Standing to enforce local comprehensive plans through development orders,” provides . . . it must can the Trustees, as “adversely affected parties,” proceed under the provisions of section 163.3215 . . . Until Osceola County issues its determination, Trustees are not within the purview of section 163.3215 . . . Because Trustees failed to timely file a verified complaint pursuant to section 163.3215, the trial court . . .

Y. CHUNG, U A D v. SARASOTA COUNTY, a L. L. R. A. O., 686 So. 2d 1358 (Fla. Dist. Ct. App. 1996)

. . . . § 163.3215(1). . . . .” § 163.3215(7). . . .

BEACH G. v. VILLAGE NORTH PALM BEACH CITY COUNCIL,, 682 So. 2d 164 (Fla. Dist. Ct. App. 1996)

. . . On June 9, 1995, as required by section 163.3215(4), Florida Statutes (1993), as a condition precedent . . . Section 163.3215(4), Florida Statutes (1993), reads: (4) As a condition precedent to the institution . . . action as being inconsistent with the comprehensive plan of the Village in accordance with section 163.3215 . . . that case, the court concluded that the 30-day period for filing a verified complaint under section 163.3215 . . .

BAL HARBOUR VILLAGE, a v. CITY OF NORTH MIAMI, a, 678 So. 2d 356 (Fla. Dist. Ct. App. 1996)

. . . Id. § 163.3215(1), (3)(b). . . . Id. § 163.3215(4). . . . Id. § 163.3215(4). . . . The claim under Section 163.3215 is time-barred. . . . Id. § 163.3215(4). . . .

ROBBINS, v. CITY OF MIAMI BEACH,, 664 So. 2d 1150 (Fla. Dist. Ct. App. 1995)

. . . Kent Harrison Robbins appeals the dismissal with prejudice of his complaint filed pursuant to section 163.3215 . . . that the trial court properly determined that Robbins did not have a cause of action under section 163.3215 . . . subject resolution cannot properly be deemed a development order subject to challenge under section 163.3215 . . . Although we conclude that an action to challenge the resolution as a development order under section 163.3215 . . .

CITY OF JACKSONVILLE, a v. M. WYNN, D. W., 650 So. 2d 182 (Fla. Dist. Ct. App. 1995)

. . . This action does not purport to seek review of a development order, see sections 163.3194(3)(a), 163.3215 . . .

R. TURNER, v. SUMTER COUNTY, BOARD OF COUNTY COMMISSIONERS,, 649 So. 2d 276 (Fla. Dist. Ct. App. 1995)

. . . We agree with Sumter County that Turner’s remedy for this claim was an action under section 163.3215, . . . do not mean to suggest that a county’s noneompliance with its own ordinances is limited to a section 163.3215 . . . Appellant filed a section 163.3215 proceeding but elected not to pursue it. . . . As formulated, this is not a section 163.3215 issue and it does not appear the claim should have been . . .

FLORIDA INSTITUTE OF TECHNOLOGY, INC. a v. MARTIN COUNTY,, 641 So. 2d 898 (Fla. Dist. Ct. App. 1994)

. . . FIT filed a complaint pursuant to section 163.3215, Florida Statutes. . . . Under Parker, section 163.3215 applies not to property owners whose applications have been denied, but . . . ’s common law right to petition for certiorari review in the circuit court is unaffected by section 163.3215 . . .

R. MOORE F. v. CITY OF PUNTA GORDA, A, 627 So. 2d 1313 (Fla. Dist. Ct. App. 1993)

. . . against the City of Punta Gorda for failure to comply with a condition precedent contained in section 163.3215 . . . Leon County, 627 So.2d 476 (Fla.1993), where the court held that section 163.3215 applied only to third . . . Under Parker, section 163.3215 does not apply to property owners, such as the Moores, whose application . . . The dismissal of the complaint for failure to comply with section 163.3215, Florida Statutes (1991) is . . . Section 163.3215(4), Florida Statutes (1991), states: (4) As a condition precedent to the institution . . .

BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, v. R. SNYDER,, 627 So. 2d 469 (Fla. 1993)

. . . briefs suggests that Snyder’s remedy was to bring a de novo action in circuit court pursuant to section 163.3215 . . .

J. PARKER, v. LEON COUNTY, EMERALD ACRES INVESTMENTS, INC. v. THE BOARD OF COUNTY COMMISSIONERS OF LEON COUNTY,, 627 So. 2d 476 (Fla. 1993)

. . . Leon County filed motions to dismiss the actions for failure to comply with section 163.3215, Florida . . . The court reasoned that suit had to be brought under section 163.3215. . . . . § 163.3215(4), Fla.Stat. (1989); Leon County v. . . . Section 163.3215, Florida Statutes (1989), provides in pertinent part: 163.3215 Standing to enforce local . . . The following year as part of the Growth Management Act the legislature enacted section 163.3215 to ensure . . .

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND, v. SEMINOLE COUNTY BOARD OF COUNTY COMMISSIONERS,, 623 So. 2d 593 (Fla. Dist. Ct. App. 1993)

. . . The court noted that section 163.3215(3)(b), Florida Statutes (1991) provides that suit under that section . . . of trustees had failed to comply with the statutory condition precedent to filing suit under section 163.3215 . . . issue in this case is whether the 30-day period for filing a verified complaint, set forth in section 163.3215 . . . Sections 163.3215(3)(b) and (4), Florida Statutes (1991) provide the following: 163.3215 Standing to . . . Finally, section 163.3215(3)(b) provides that suit for injunctive or other relief under that section . . .

BOARD OF COUNTY COMMISSIONERS OF LEON COUNTY, v. MONTICELLO DRUG COMPANY O, 619 So. 2d 361 (Fla. Dist. Ct. App. 1993)

. . . In response to the decision in Parker, Monticello asserted that section 163.3215, Florida Statutes, was . . . Monticello also asserted that it had substantially complied with section 163.3215(4) because: 1) no relief . . . , and that Monticello failed to satisfy the condition precedent to bringing an action under section 163.3215 . . . Florida Statute section 163.3215 does not preclude certiorari relief. . . . As noted in Emerald Acres, section 163.3215 contains no requirement that the "alleged inconsistent action . . .

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

. . . Sunbelt filed an original action pursuant to § 163.3215, Fla.Stat. (1991). . . .

JENSEN BEACH LAND COMPANY, INC. v. CITIZENS FOR RESPONSIBLE GROWTH OF THE TREASURE COAST, INC. a, 608 So. 2d 509 (Fla. Dist. Ct. App. 1992)

. . . The issue of jurisdiction and the provisions of section 163.3215 were not raised in the trial court and . . . We understand Section 163.3215, Florida Statutes (1991), to require that a court challenge to the consistency . . .

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

. . . the Local Government Comprehensive Planning and Land Development Regulation Act, sections 163.3161-163.3215 . . .

EMERALD ACRES INVESTMENTS, INC. v. BOARD OF COUNTY COMMISSIONERS OF LEON COUNTY a a, 601 So. 2d 577 (Fla. Dist. Ct. App. 1992)

. . . The trial court found that appellant did not comply with the provisions of section 163.3215, Florida . . . Section 163.3215 provides, in pertinent part: (1) Any aggrieved or adversely affected party may maintain . . . Section 163.3215 contains no requirement that the “alleged inconsistent action” be reduced to writing . . . We also reject appellant’s argument that section 163.3215 unconstitutionally infringes on the rule-making . . . Section 163.3215(3)(b), Fla. Stat. (1989). AFFIRMED. BARFIELD and ALLEN, JJ., concur. . . . I agree that appellant has failed to meet its burden of demonstrating compliance with section 163.3215 . . . Fla. 1st DCA 1990), that no judicial review is available to appellant absent compliance with section 163.3215 . . . Turning now to the statute in question, it would be my view, but for Parker, supra, that section 163.3215 . . . Returning to the statute in question, I note that the very title of section 163.3215 reads, “Standing . . . In 1985 the Florida Legislature created the statute, section 163.3215, applied today by this court. . . .

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

. . . Moreover, section 163.3215(1), Florida Statutes (1987) now authorizes rezoning orders which are challenged . . . See section 163.3177(6)(a), Florida Statutes. . §§ 163.3161163.3215, Fla.Stat. (1989). . . . .

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

. . . This kind of suit is not only authorized by the new statute, section 163.3215(1)) but it appears to be . . . in by the circuit court when a zoning decision (or “development order”) is challenged under section 163.3215 . . . See, e.g., § 163.3215(4), Fla.Stat. (1987). . . . . . § 163.3215(1), Fla.Stat. (1987). . § 163.3215(3)(b), Fla.Stat. (1987); Leon County v. . . . ascertainable standards which can be followed concerning density and intensity of use. §§ 163.3161-163.3215 . . . raised by the record before the trial court as to whether the challenged rezoning pursuant to section 163.3215 . . .

LEON COUNTY, v. J. PARKER P. P. LEON COUNTY, v. EMERALD ACRES INVESTMENTS, INC., 566 So. 2d 1315 (Fla. Dist. Ct. App. 1990)

. . . In my view, as the trial court also concluded, the lawsuit referred to in Section 163.3215(1), Florida . . . If that is so, then the condition precedent provided for in Section 163.3215(4) clearly has no application . . . dismiss filed in each case for failure of the respondents to comply with the provisions of Section 163.3215 . . . Also, subsection (3)(a) of Section 163.3215 refers to suits “under this section challenging the approval . . . Section 163.3215(4) provides that a verified complaint must be filed with the local government as a condition . . . The requirement of Section 163.3215(4) that a verified complaint be filed with the local government prior . . . Because the respondent’s complaints failed to satisfy the requirements of Section 163.3215, Florida Statutes . . .

WHITE, Dr. O Dr. Dr. A. Dr. B. J. O Dr. J. J. Dr. O Jr. v. METROPOLITAN DADE COUNTY,, 563 So. 2d 117 (Fla. Dist. Ct. App. 1990)

. . . City of West Palm Beach, Inc., 450 So.2d 204, 208 (Fla.1984); see also, § 163.3215(1), Fla.Stat. (1989 . . .

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)

. . . Section 163.3215 provides for injunctive and other relief for parties aggrieved by land use changes that . . .

F. GREGORY v. CITY OF ALACHUA, A. Jr. H., 553 So. 2d 206 (Fla. Dist. Ct. App. 1989)

. . . Count I, seeking injunc-tive and declaratory relief, was brought under Section 163.3215, Florida Statutes . . . Count II, also seeking injunctive and declaratory relief, was, as Count I, brought under section 163.3215 . . . This is an action under § 163.3215, Florida Statutes (1986) [sic] to have the City of Alachua zoning . . . Although we find that only consistency challenges may be brought under section 163.3215, and that the . . . This is so because, while the complaint states that it is brought under section 163.3215, the pleadings . . . evidentiary hearing in an action brought by the appellants Peter and Mary Gregory pursuant to section 163.3215 . . . Section 163.3215, Florida Statutes, provides for suits challenging the approval of zoning and other “ . . . development orders” granted by any local government after October 1, 1985, and states: 163.3215 Standing . . .

PALM BEACH COUNTY, a v. ALLEN MORRIS COMPANY,, 547 So. 2d 690 (Fla. Dist. Ct. App. 1989)

. . . Morris and Realty brought this action pursuant to section 163.3215, Florida Statutes (1985) and challenged . . .

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

. . . Section 163.3215, Florida Statutes (1985), which authorizes an action for injunctive or other relief . . . See § 163.3215(3)(a), Fla.Stat. (1985). . . . . This language is similar to the provisions in section 163.3215(1), Florida Statutes (1985). . . . See Chapter 63-1716, Laws of Florida, Special Acts 1963. . § 163.3215(2), Fla.Stat. (1985), effective . . . It is further, the intent of the Legislature to reconfirm that sections 163.3161 through 163.3215 have . . .

VENTURE, d b a v. BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, a, 529 So. 2d 710 (Fla. Dist. Ct. App. 1988)

. . . As to count II of the same complaint, see section 163.3215(3)(b), Florida Statutes (1987). . . .

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

. . . here is in accord with the intent of the legislature as manifested by the recent addition of Section 163.3215 . . .