Florida Statute 163.3161 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 163
INTERGOVERNMENTAL PROGRAMS

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F.S. 163.3161

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.

History.—ss. 1, 2, ch. 75-257; ss. 1, 20, ch. 85-55; s. 1, ch. 93-206; s. 4, ch. 2011-139.

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Amendments to 163.3161

Annotations, Discussions, Cases:

Cases Citing Statute 163.3161

Total Results: 58

Midrash Sephardi, Inc. v. Town of Surfside

366 F.3d 1214, 2004 U.S. App. LEXIS 7706, 2004 WL 842527

Court of Appeals for the Eleventh Circuit | Filed: Apr 21, 2004 | Docket: 398015

Cited 340 times | Published

Land Development Regulation Act, Fla. Stat Ann. § 163.3161 et seq. The 1995-2000 Plan states

Santa Rosa Cty. v. ADMIN. COM'N

661 So. 2d 1190, 1995 WL 601375

Supreme Court of Florida | Filed: Jul 13, 1995 | Docket: 532171

Cited 34 times | Published

Proceedings Below On April 2, 1990, pursuant to section 163.3161, Florida Statutes (1989), Santa Rosa County

Southwest Ranches Homeowners Ass'n v. Broward County

502 So. 2d 931, 12 Fla. L. Weekly 357

District Court of Appeal of Florida | Filed: Jan 14, 1987 | Docket: 1657789

Cited 31 times | Published

Planning and Land Development Regulation Act, Section 163.3161, et seq., Florida Statutes (1985), and thus

St. Johns County v. NE Fla. Builders Ass'n, Inc.

583 So. 2d 635, 1991 WL 157542

Supreme Court of Florida | Filed: Apr 18, 1991 | Docket: 1284405

Cited 30 times | Published

adequate and efficient provision of schools. Section 163.3161(3), Fla. Stat. (1989). Finally, we conclude

Hollywood, Inc. v. Broward County

431 So. 2d 606

District Court of Appeal of Florida | Filed: Mar 23, 1983 | Docket: 785318

Cited 27 times | Published

Local Government Comprehensive Planning Act. § 163.3161, et seq., Fla. Stat. (1975). [4] The court,

Glisson v. Alachua County

558 So. 2d 1030, 1990 WL 2065

District Court of Appeal of Florida | Filed: Jan 12, 1990 | Docket: 1405175

Cited 23 times | Published

Planning and Land Development Regulation Act." § 163.3161(1), Fla. Stat. (1987). The stated intent of the

CIT. GROWTH MGT. COALITION v. City of West Palm Beach, Inc.

450 So. 2d 204, 1984 Fla. LEXIS 2724

Supreme Court of Florida | Filed: Mar 8, 1984 | Docket: 1434115

Cited 21 times | Published

delineated the intent and purpose of this act in section 163.3161, which provides: 163.3161 Short title; intent

Home Bldrs. and Contractors Ass'n v. Bd. of Palm Beach Cty. Comm'rs

446 So. 2d 140

District Court of Appeal of Florida | Filed: Oct 12, 1983 | Docket: 1780902

Cited 19 times | Published

specifically prohibited by law. In addition, Section 163.3161, Florida Statutes, known as the Local Government

Lee County v. Sunbelt Equities

619 So. 2d 996, 1993 WL 154000

District Court of Appeal of Florida | Filed: May 14, 1993 | Docket: 1382341

Cited 18 times | Published

comprehensive plan of the city or county in question. See § 163.3161(5), Fla. Stat. (1991). The comprehensive plan

Martin County v. Yusem

690 So. 2d 1288, 22 Fla. L. Weekly Supp. 156, 1997 Fla. LEXIS 322, 1997 WL 136419

Supreme Court of Florida | Filed: Mar 27, 1997 | Docket: 436960

Cited 16 times | Published

encourage appropriate uses of land and resources. See § 163.3161(3), Fla. Stat. (1989). In furtherance of these

Battaglia Fruit Co. v. City of Maitland

530 So. 2d 940, 13 Fla. L. Weekly 1733, 1988 Fla. App. LEXIS 3174, 1988 WL 73928

District Court of Appeal of Florida | Filed: Jul 21, 1988 | Docket: 1267913

Cited 15 times | Published

and readopted in August of 1985, pursuant to section 163.3161.[9] Both zoning plans show the Battaglia land

White v. Metropolitan Dade County

563 So. 2d 117, 1990 WL 67338

District Court of Appeal of Florida | Filed: May 22, 1990 | Docket: 1682855

Cited 14 times | Published

future land use and development in this state." § 163.3161(7), Fla. Stat. (1989). CDMP's are approved by

City of Cape Canaveral v. Mosher

467 So. 2d 468, 10 Fla. L. Weekly 996, 1985 Fla. App. LEXIS 13536

District Court of Appeal of Florida | Filed: Apr 18, 1985 | Docket: 1275265

Cited 13 times | Published

Government Comprehensive Planning Act of 1975' (Section 163.3161, et seq., Florida Statutes). 5. That said

Taylor v. Village of N. Palm Beach

659 So. 2d 1167, 1995 WL 480974

District Court of Appeal of Florida | Filed: Aug 16, 1995 | Docket: 1747924

Cited 11 times | Published

Planning and Land Development Regulation Act." § 163.3161, et seq., Fla. Stat. (1989). Consistent with

Dade County v. YUMBO, SA

348 So. 2d 392, 1977 Fla. App. LEXIS 16317

District Court of Appeal of Florida | Filed: Jul 26, 1977 | Docket: 2508978

Cited 11 times | Published

2d 359, 334 N.Y.S.2d 138, 285 N.E.2d 291; Section 163.3161 et seq. Florida Statutes, 1975. However, the

ORMOND BEACH v. Daytona Beach

794 So. 2d 660, 2001 Fla. App. LEXIS 9841, 2001 WL 814948

District Court of Appeal of Florida | Filed: Jul 20, 2001 | Docket: 1737850

Cited 9 times | Published

Ormond Beach suggests that the Legislature enacted § 163.3161, the Local Government Comprehensive Planning

St. Johns County v. Owings

554 So. 2d 535, 1989 WL 136817

District Court of Appeal of Florida | Filed: Nov 16, 1989 | Docket: 1319012

Cited 8 times | Published

this proceeding. I would reverse. NOTES [1] Section 163.3161, et seq., Florida Statutes (1987). [1] These

MacHado v. Musgrove

519 So. 2d 629, 1987 WL 494

District Court of Appeal of Florida | Filed: Feb 23, 1988 | Docket: 1332286

Cited 7 times | Published

and stability of land use throughout the state. § 163.3161(7), Fla. Stat. (1985).[2] The test in reviewing

Redner v. City of Tampa

723 F. Supp. 1448, 1989 U.S. Dist. LEXIS 16843, 1989 WL 126071

District Court, M.D. Florida | Filed: Jul 7, 1989 | Docket: 851888

Cited 6 times | Published

body of each municipality. See Florida Statutes § 163.3161(8) (1987). There is not a separate state regulatory

BOOKER CREEK PRESERV., INC. v. Pinellas Planning Council

433 So. 2d 1306, 1983 Fla. App. LEXIS 19752

District Court of Appeal of Florida | Filed: Jul 1, 1983 | Docket: 1424766

Cited 6 times | Published

functions as a local planning agency pursuant to section 163.3161 et seq., Florida Statutes (1981), the Local

Pinellas County v. Ashley

464 So. 2d 176, 10 Fla. L. Weekly 292

District Court of Appeal of Florida | Filed: Feb 1, 1985 | Docket: 1192673

Cited 5 times | Published

Government Comprehensive Planning Act of 1975, section 163.3161, Florida Statutes (1983). [2] Appellee applied

Hasam Realty Corp. v. Dade County

486 So. 2d 9, 11 Fla. L. Weekly 555, 1986 Fla. App. LEXIS 6633

District Court of Appeal of Florida | Filed: Mar 4, 1986 | Docket: 64618387

Cited 4 times | Published

proposal would be precluded as a matter of law. See § 163.3161(5), Fla.Stat. (1983); Marracci v. City of Scappoose

Dibbs v. Hillsborough County

67 F. Supp. 3d 1340, 2014 U.S. Dist. LEXIS 172128, 2014 WL 7067677

District Court, M.D. Florida | Filed: Dec 12, 2014 | Docket: 64299073

Cited 3 times | Published

public health, safety, and general welfare. See § 163.3161(4), Fla. Stat. (2011). According to the plain

Wildlife Federation v. Collier County

819 So. 2d 200, 2002 WL 1049732

District Court of Appeal of Florida | Filed: May 28, 2002 | Docket: 1456450

Cited 3 times | Published

programs to guide and control future development." § 163.3161(2), Fla. Stat. (1999) (emphasis added). In implementing

City of Winter Park v. Southern States Utilities, Inc.

540 So. 2d 178, 14 Fla. L. Weekly 700, 1989 Fla. App. LEXIS 1384, 1989 WL 22556

District Court of Appeal of Florida | Filed: Mar 16, 1989 | Docket: 1688989

Cited 3 times | Published

local comprehensive plan enacted under *180 section 163.3161, Florida Statutes, stating that the test was

Department of Transp. v. López Torres

526 So. 2d 674, 1988 WL 34016

Supreme Court of Florida | Filed: Apr 14, 1988 | Docket: 1272669

Cited 3 times | Published

comprehensive plan of Ocean Ridge, enacted pursuant to section 163.3161, Florida Statutes (1985). Although other issues

Wolff v. DADE CTY.

370 So. 2d 839, 1979 Fla. App. LEXIS 14999

District Court of Appeal of Florida | Filed: May 8, 1979 | Docket: 1386571

Cited 3 times | Published

County Master Plan and which is authorized by Section 163.3161 et seq., Florida Statutes (1977).[1] In 1977

Payne v. City of Miami

52 So. 3d 707, 2010 Fla. App. LEXIS 18759, 2010 WL 4962859

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60297840

Cited 2 times | Published

River Master Plan. STATUTORY REQUIREMENTS Section 163.3161, Florida Statutes (2004), which is known as

Seminole County v. City of Winter Springs

935 So. 2d 521, 2006 WL 1459775

District Court of Appeal of Florida | Filed: May 26, 2006 | Docket: 1671163

Cited 2 times | Published

utilize, and protect natural resources. . . ." § 163.3161(3), Fla. Stat. [2] The County's charter expressly

Palm Beach County v. Wright

612 So. 2d 709, 1993 WL 15600

District Court of Appeal of Florida | Filed: Jan 27, 1993 | Docket: 1263184

Cited 2 times | Published

concur in the certified question. NOTES [1] § 163.3161, et seq., Fla. Stat. (1991).

Osceola Cty. v. St. Johns River Water Mgt. Dist.

486 So. 2d 616, 11 Fla. L. Weekly 595, 1986 Fla. App. LEXIS 6754

District Court of Appeal of Florida | Filed: Mar 6, 1986 | Docket: 1714235

Cited 2 times | Published

the water resources within their boundaries. § 163.3161(3), Fla. Stat. (1983); § 163.3177(6)(d), Fla

City of Coconut Creek v. Broward Cty. Bd.

430 So. 2d 959

District Court of Appeal of Florida | Filed: May 4, 1983 | Docket: 445934

Cited 2 times | Published

Government Comprehensive Planning Act of 1975. Section 163.3161(3) of the Act declares: It is the intent of

1000 Friends of Florida, Inc. v. Department of Community Affairs

824 So. 2d 989, 2002 Fla. App. LEXIS 12397, 2002 WL 1972268

District Court of Appeal of Florida | Filed: Aug 28, 2002 | Docket: 1435589

Cited 1 times | Published

on planning coordination expressed in the section 163.3161(4) provision that "the intent of this act

López Torres v. Department of Transp.

488 So. 2d 848, 11 Fla. L. Weekly 1025

District Court of Appeal of Florida | Filed: Apr 30, 1986 | Docket: 1287610

Cited 1 times | Published

had enacted a comprehensive plan pursuant to section 163.3161, Florida Statutes (1983). This plan essentially

Judah Imhof, Richard Bullard, Beach To Bay Connection, Inc., and South Walton Community Council, Inc. v. Walton County, Florida, a political subdivision of the State of Florida, and Ashwood Holdings Florida, LLC, a Florida limited liability company

District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60386695

Published

cost judgment in Case Number 19-1530. 3See § 163.3161(1), Fla. Stat. (2018) (“This part shall be known

Rainbow River Conservation, Inc. v. Rainbow River Ranch, LLC

189 So. 3d 312, 2016 WL 1465658, 2016 Fla. App. LEXIS 5768

District Court of Appeal of Florida | Filed: Apr 15, 2016 | Docket: 60254475

Published

Yusem, 690 So.2d 1288, 1292 (Fla.1997) (citing § 163.3161(3), Fla. Stat. (1989)). In addition, as stated

Payne v. City of Miami

53 So. 3d 258, 2010 Fla. App. LEXIS 18682, 2010 WL 4962873

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60298072

Published

River Master Plan. STATUTORY REQUIREMENTS Section 163.3161, Florida Statutes (2005), which is referred

Hillcrest Property, LLP v. Pasco County

731 F. Supp. 2d 1288, 2010 U.S. Dist. LEXIS 77563, 2010 WL 3043923

District Court, M.D. Florida | Filed: Jul 30, 2010 | Docket: 2337188

Published

exhausting administrative remedies; (3) that Section 163.3161(9), Florida Statutes, "evidences the Florida

City of Hollywood Community Redevelopment Agency v. 1843, LLC

980 So. 2d 1138, 2008 Fla. App. LEXIS 4357, 2008 WL 782614

District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 64854789

Published

Planning and Land Development Regulation Act. § 163.3161(1), Fla. Stat. (1987). Under that act, each comprehensive

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Florida Attorney General Reports | Filed: Oct 8, 2007 | Docket: 3255522

Published

Stat. 7 Section 163.3174(1)(b), Fla. Stat. 8 Section 163.3161 — 163.3217, Fla. Stat. 9 935 So. 2d 521 (Fla

Advisory Opinion to the Attorney General re Referenda Required for Adoption & Amendment of Local Government Comprehensive Land Use Plans

938 So. 2d 501, 31 Fla. L. Weekly Supp. 402, 2006 Fla. LEXIS 1336, 2006 WL 1699568

Supreme Court of Florida | Filed: Jun 22, 2006 | Docket: 64847041

Published

programs to guide and control future development.” § 163.3161(2), Fla. Stat. (2005) (emphasis supplied). Section

Ago

Florida Attorney General Reports | Filed: Apr 19, 2006 | Docket: 3255501

Published

functions as the local planning agency pursuant to section 163.3161, Florida Statutes. Section 163.3164, Florida

St. Johns Committee v. St. Augustine

909 So. 2d 575, 2005 Fla. App. LEXIS 13875

District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 1199001

Published

to guide and control future development. See § 163.3161(2), Fla. Stat. The intent of the legislature

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Florida Attorney General Reports | Filed: Sep 14, 2004 | Docket: 3255421

Published

Code and the Florida Fire Prevention Code. Section 163.3161(5), Florida Statutes, however, sets forth

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Florida Attorney General Reports | Filed: Dec 6, 1994 | Docket: 3256463

Published

Comprehensive Planning and Land Development Act. 7 Section 163.3161(3), Fla. Stat. (1993). 8 Section 163.3177(6)(d)

Santa Rosa County v. Administration Commission, Division of Administrative Hearings

642 So. 2d 618, 1994 Fla. App. LEXIS 8794, 1994 WL 496851

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 64750831

Published

Florida Supreme Court. The County, pursuant to section 163.3161, submitted a proposed comprehensive plan to

Porter v. Saddlebrook Resorts, Inc.

596 So. 2d 472, 1992 Fla. App. LEXIS 2799, 1992 WL 51250

District Court of Appeal of Florida | Filed: Mar 18, 1992 | Docket: 64666373

Published

comprehensive land use plan, adopted in obedience to section 163.3161, et seq., Florida Statutes (1982). A comprehensive

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Florida Attorney General Reports | Filed: Aug 24, 1989 | Docket: 3257965

Published

Opinion's 85-56 and 86-36. 3 Section 163.3161(5), F.S. 4 Section 163.3161(7), F.S. 5 Section 163.3164(22)

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Florida Attorney General Reports | Filed: May 18, 1989 | Docket: 3255722

Published

Public Educational Facilities Construction. Section 163.3161, F.S., provides in part: It is the intent

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Florida Attorney General Reports | Filed: Nov 14, 1985 | Docket: 3256815

Published

requirements of the act shall have been met. Section 163.3161(5), F.S., provides that It is the intent

Orange County v. Gardner

477 So. 2d 621, 10 Fla. L. Weekly 2172, 1985 Fla. App. LEXIS 15889

District Court of Appeal of Florida | Filed: Sep 19, 1985 | Docket: 64614970

Published

County Code. The purpose of the LGCPA, as given in § 163.3161 Florida Statutes was to utilize and strengthen

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Florida Attorney General Reports | Filed: Jul 31, 1985 | Docket: 3258141

Published

municipalities in the state. See, s. 163.3167(2), F.S. Section 163.3161(5), F.S., provides: It is the intent

Zetrouer v. Alachua County

408 So. 2d 1065, 1982 Fla. App. LEXIS 18870

District Court of Appeal of Florida | Filed: Jan 5, 1982 | Docket: 64587397

Published

Government Comprehensive Planning Act of 1975, Section 163.-3161, et seq., Florida Statutes.

City of Opa-Locka v. Dade County

384 So. 2d 937, 1980 Fla. App. LEXIS 16917

District Court of Appeal of Florida | Filed: Jun 17, 1980 | Docket: 64576693

Published

‘without the jurisdiction’ of plaintiff City. 6. Section 163.3161 through 163.3211, Florida Statutes, 1977,

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Florida Attorney General Reports | Filed: Sep 28, 1979 | Docket: 3257365

Published

type and in the manner set out in this act.' Section 163.3161(5), F. S., provides: It is the intent

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Florida Attorney General Reports | Filed: Apr 9, 1979 | Docket: 3257845

Published

to guide and control future development.' Section 163.3161(2). The act requires that each municipality

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Florida Attorney General Reports | Filed: Jan 25, 1977 | Docket: 3257398

Published

to guide and control future development. [Section 163.3161(2), F. S.] Thus, s. 163.3161, et seq., and

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Florida Attorney General Reports | Filed: Aug 11, 1976 | Docket: 3256282

Published

(Fla. 1956); Dobbs v. Sea Isle Hotel, supra. Section 163.3161(5), F. S., of the act states it is the intent