Florida Statutes
Fla. Stat. § 163.3161 (2025)
Short title; intent and purpose.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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163.3161 Short title; intent and purpose.—
(1) This part shall be known and may be cited as the “Community Planning Act.”
(2) It is the purpose of this act to utilize and strengthen the existing role, processes, and powers of local governments in the establishment and implementation of comprehensive planning programs to guide and manage future development consistent with the proper role of local government.
(3) It is the intent of this act to focus the state role in managing growth under this act to protecting the functions of important state resources and facilities.
(4) It is the intent of this act that local governments have the ability to preserve and enhance present advantages; encourage the most appropriate use of land, water, and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within their jurisdictions. Through the process of comprehensive planning, it is intended that units of local government can preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other requirements and services; and conserve, develop, utilize, and protect natural resources within their jurisdictions.
(5) It is the intent of this act to encourage and ensure cooperation between and among municipalities and counties and to encourage and ensure coordination of planning and development activities of units of local government with the planning activities of regional agencies and state government in accord with applicable provisions of law.
(6) It is the intent of this act that adopted comprehensive plans shall have the legal status set out in this act and that no public or private development shall be permitted except in conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in conformity with this act.
(7) It is the intent of this act that the activities of units of local government in the preparation and adoption of comprehensive plans, or elements or portions therefor, shall be conducted in conformity with this act.
(8) The provisions of this act in their interpretation and application are declared to be the minimum requirements necessary to accomplish the stated intent, purposes, and objectives of this act; to protect human, environmental, social, and economic resources; and to maintain, through orderly growth and development, the character and stability of present and future land use and development in this state.
(9) It is the intent of the Legislature that the repeal of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Laws of Florida, and amendments to this part by this chapter law, not be interpreted to limit or restrict the powers of municipal or county officials, but be interpreted as a recognition of their broad statutory and constitutional powers to plan for and regulate the use of land. It is, further, the intent of the Legislature to reconfirm that ss. 163.3161-163.3248 have provided and do provide the necessary statutory direction and basis for municipal and county officials to carry out their comprehensive planning and land development regulation powers, duties, and responsibilities.
(10) It is the intent of the Legislature that all governmental entities in this state recognize and respect judicially acknowledged or constitutionally protected private property rights. It is the intent of the Legislature that all rules, ordinances, regulations, comprehensive plans and amendments thereto, and programs adopted under the authority of this act must be developed, promulgated, implemented, and applied with sensitivity for private property rights and not be unduly restrictive, and property owners must be free from actions by others which would harm their property or which would constitute an inordinate burden on property rights as those terms are defined in s. 70.001(3)(e) and (f). Full and just compensation or other appropriate relief must be provided to any property owner for a governmental action that is determined to be an invalid exercise of the police power which constitutes a taking, as provided by law. Any such relief must ultimately be determined in a judicial action.
(11) It is the intent of this part that the traditional economic base of this state, agriculture, tourism, and military presence, be recognized and protected. Further, it is the intent of this part to encourage economic diversification, workforce development, and community planning.
(12) It is the intent of this part that new statutory requirements created by the Legislature will not require a local government whose plan has been found to be in compliance with this part to adopt amendments implementing the new statutory requirements until the evaluation and appraisal period provided in s. 163.3191, unless otherwise specified in law. However, any new amendments must comply with the requirements of this part.
Notes of Decisions
Cited in 63
cases (2 in the last 5 years), 1977–2026 · leading case: MacHado v. Musgrove, 519 So. 2d 629 (Fla. 3d DCA 1988).
MacHado v. Musgrove, 519 So. 2d 629 (Fla. 3d DCA 1988). “3194, its actions must be consistent with the overall purpose and intent of the Act as expressed in section 163.3161. CONCLUSION Whether a proposed development project is consistent with a local comprehensive land use plan and all of its elements is tested on review by a…”
Midrash Sephardi, Inc. v. Town of Surfside, 366 F.3d 1214 (11th Cir. 2004). “Thus, under the 1995-2000 Plan, Surfside encourages, inter alia, 1) revitalization of the existing Harding Avenue business area; 2) concentration of commercial uses in and around Harding Avenue; 3) development of commercial office space along Collins Avenue between 93rd and 96th…”
Glisson v. Alachua Cnty., 558 So. 2d 1030 (Fla. 1st DCA 1990). “The stated intent of the act is that local government will "encourage the most appropriate use of land, water, and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development…”
Lee Cnty. v. Sunbelt Equities, 619 So. 2d 996 (Fla. 2d DCA 1993). “See § 163.3161(5), Fla. Stat. (1991). The comprehensive plan has been likened to a "constitution" and has been described as "a limitation on a local government's otherwise broad zoning powers.”
Battaglia Fruit Co. v. City of Maitland, 530 So. 2d 940 (Fla. 5th DCA 1988). “[9] Section 163.3161, Florida Statutes, states: 163.”
White v. Metro. Dade Cnty., 563 So. 2d 117 (Fla. 3d DCA 1990). “§§ 163.3161-.3215, Fla. Stat. (1989). The purpose of the act is "to protect human, environmental, social, and economic resources; and to maintain, through orderly growth and development, the character and stability of present and future land use and development in this state.”
Hollywood, Inc. v. Broward Cnty., 431 So. 2d 606 (Fla. 4th DCA 1983). “[2] In the present case, the appellant has not asserted that the Broward County ordinance violates a statute.”
Santa Rosa Cty. v. ADMIN. COM'N, 661 So. 2d 1190 (Fla. 1995). “Facts and Proceedings Below On April 2, 1990, pursuant to section 163.3161, Florida Statutes (1989), Santa Rosa County submitted a proposed comprehensive plan to the Department of Community Affairs (DCA) for written comment.”
Sw. Ranches Homeowners Ass'n v. Broward Cnty., 502 So. 2d 931 (Fla. 4th DCA 1987). “; see also § 163.3161. Where the zoning authority approves a use more intensive than that proposed by the plan, the long term expectations for growth under the plan have been exceeded, and the decision must be subject to stricter scrutiny than the fairly debatable standard…”
Payne v. City of Miami, 52 So. 3d 707 (Fla. 3d DCA 2010). “STATUTORY REQUIREMENTS Section 163.3161, Florida Statutes (2004), which is known as the Local Government Comprehensive Planning and Land Development Regulation Act, was enacted to strengthen local governments’ role in the establishment and implementation of comprehensive…”
Martin Cnty. v. Yusem, 690 So. 2d 1288 (Fla. 1997). “See § 163.3161(3), Fla. Stat. (1989). In furtherance of these goals, the Act requires each local government to adopt a comprehensive plan to prescribe the "principles, guidelines, and standards for the orderly and balanced future economic, social, physical, environmental, and…”
Advisory Opinion to the Attorney Gen. re Referenda Required for Adoption & Amendment of Local Gov't Comprehensive Land Use Plans, 938 So. 2d 501 (Fla. 2006). “” § 163.3161(2), Fla. Stat. (2005) (emphasis supplied).”
— 163.3161(1) — 3 cases
Glisson v. Alachua Cnty., 558 So. 2d 1030 (Fla. 1st DCA 1990). “The stated intent of the act is that local government will "encourage the most appropriate use of land, water, and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development…”
City of Hollywood Cmty. Redevelopment Agency v. 1843, LLC, 980 So. 2d 1138 (Fla. 4th DCA 2008).
— 163.3161(2) — 3 cases
Advisory Opinion to the Attorney Gen. re Referenda Required for Adoption & Amendment of Local Gov't Comprehensive Land Use Plans, 938 So. 2d 501 (Fla. 2006). “” § 163.3161(2), Fla. Stat. (2005) (emphasis supplied).”
Wildlife Fed'n v. Collier Cnty., 819 So. 2d 200 (Fla. 1st DCA 2002).
St. Johns Comm. v. St. Augustine, 909 So. 2d 575 (Fla. 5th DCA 2005).
— 163.3161(3) — 8 cases
Hollywood, Inc. v. Broward Cnty., 431 So. 2d 606 (Fla. 4th DCA 1983). “[2] In the present case, the appellant has not asserted that the Broward County ordinance violates a statute.”
Martin Cnty. v. Yusem, 690 So. 2d 1288 (Fla. 1997). “See § 163.3161(3), Fla. Stat. (1989). In furtherance of these goals, the Act requires each local government to adopt a comprehensive plan to prescribe the "principles, guidelines, and standards for the orderly and balanced future economic, social, physical, environmental, and…”
Glisson v. Alachua Cnty., 558 So. 2d 1030 (Fla. 1st DCA 1990). “The stated intent of the act is that local government will "encourage the most appropriate use of land, water, and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development…”
St. Johns Cnty. v. NE Fla. Builders Ass'n, Inc., 583 So. 2d 635 (Fla. 1991).
Osceola Cty. v. St. Johns River Water Mgt. Dist., 486 So. 2d 616 (Fla. 5th DCA 1986).
— 163.3161(4) — 2 cases
Dibbs v. Hillsborough Cnty., 67 F. Supp. 3d 1340 (M.D. Fla. 2014).
1000 Friends of Florida, Inc. v. Dep't of Cmty. Affairs, 824 So. 2d 989 (Fla. 4th DCA 2002).
— 163.3161(5) — 4 cases
Lee Cnty. v. Sunbelt Equities, 619 So. 2d 996 (Fla. 2d DCA 1993). “See § 163.3161(5), Fla. Stat. (1991). The comprehensive plan has been likened to a "constitution" and has been described as "a limitation on a local government's otherwise broad zoning powers.”
Hasam Realty Corp. v. Dade Cnty., 486 So. 2d 9 (Fla. 3d DCA 1986).
Payne v. City of Miami, 52 So. 3d 707 (Fla. 3d DCA 2010). “STATUTORY REQUIREMENTS Section 163.3161, Florida Statutes (2004), which is known as the Local Government Comprehensive Planning and Land Development Regulation Act, was enacted to strengthen local governments’ role in the establishment and implementation of comprehensive…”
Payne v. City of Miami, 53 So. 3d 258 (Fla. 3d DCA 2010).
— 163.3161(6) — 2 cases
Santa Rosa Cnty. v. Admin. Comm'n, Div. of Admin. Hearings, 642 So. 2d 618 (Fla. 1st DCA 1994).
— 163.3161(7) — 4 cases
MacHado v. Musgrove, 519 So. 2d 629 (Fla. 3d DCA 1988). “3194, its actions must be consistent with the overall purpose and intent of the Act as expressed in section 163.3161. CONCLUSION Whether a proposed development project is consistent with a local comprehensive land use plan and all of its elements is tested on review by a…”
White v. Metro. Dade Cnty., 563 So. 2d 117 (Fla. 3d DCA 1990). “§§ 163.3161-.3215, Fla. Stat. (1989). The purpose of the act is "to protect human, environmental, social, and economic resources; and to maintain, through orderly growth and development, the character and stability of present and future land use and development in this state.”
Payne v. City of Miami, 52 So. 3d 707 (Fla. 3d DCA 2010). “STATUTORY REQUIREMENTS Section 163.3161, Florida Statutes (2004), which is known as the Local Government Comprehensive Planning and Land Development Regulation Act, was enacted to strengthen local governments’ role in the establishment and implementation of comprehensive…”
Payne v. City of Miami, 53 So. 3d 258 (Fla. 3d DCA 2010).
— 163.3161(8) — 2 cases
Lee Cnty. v. Sunbelt Equities, 619 So. 2d 996 (Fla. 2d DCA 1993). “See § 163.3161(5), Fla. Stat. (1991). The comprehensive plan has been likened to a "constitution" and has been described as "a limitation on a local government's otherwise broad zoning powers.”
Redner v. City of Tampa, 723 F. Supp. 1448 (M.D. Fla. 1989).
— 163.3161(9) — 1 case
Hillcrest Prop., LLP v. Pasco Cnty., 731 F. Supp. 2d 1288 (M.D. Fla. 2010).
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