Florida Statute 163.3161 | Lawyer Caselaw & Research

The 2024 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.

F.S. 163.3161 on Google Scholar

F.S. 163.3161 on Casetext

Amendments to 163.3161

Arrestable Offenses / Crimes under Fla. Stat. 163.3161

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 163.3161.

Annotations, Discussions, Cases:

Cases Citing Statute 163.3161

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2021-09-15

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2016-04-15

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

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

Miami-Dade County v. Department of Community Affairs

Court: District Court of Appeal of Florida | Date Filed: 2011-02-28

Citation: 54 So. 3d 633, 2011 Fla. App. LEXIS 2512, 2011 WL 680346

Snippet: Planning and Land Development Regulation Act.” §§ 163.3161, et seq., Fla. Stat.2 Because the appellant has

Payne v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 2010-12-08

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

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

Payne v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 2010-12-08

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

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

City of Hollywood Community Redevelopment Agency v. 1843, LLC

Court: District Court of Appeal of Florida | Date Filed: 2008-03-26

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

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2007-10-08

Snippet: 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

Court: Supreme Court of Florida | Date Filed: 2006-06-22

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

Snippet: and Land Development Regulation Act,” sections 163.3161, 163.3164-163.3217, Florida Statutes (2005), they

Seminole County v. City of Winter Springs

Court: District Court of Appeal of Florida | Date Filed: 2006-05-26

Citation: 935 So. 2d 521, 2006 WL 1459775

Snippet: Planning and Land Development Regulation Act, §§ 163.3161 to 163.3217, Fla. Stat. (2005), land use regulation

Ago

Court: Florida Attorney General Reports | Date Filed: 2006-04-19

Snippet: the local planning agency pursuant to section 163.3161, Florida Statutes. Section 163.3164, Florida Statutes

St. Johns Committee v. St. Augustine

Court: District Court of Appeal of Florida | Date Filed: 2005-09-02

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

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

Bay Point Club, Inc. v. Bay County

Court: District Court of Appeal of Florida | Date Filed: 2004-10-25

Citation: 890 So. 2d 256

Snippet: and Land Development Regulation Act, sections 163.3161-.3215, et seq, Florida Statutes (2001). In my

Ago

Court: Florida Attorney General Reports | Date Filed: 2004-09-14

Snippet: inconsistencies that might exist under sections 163.3161 — 163.3217, Florida Statutes, or a local land-use

Alachua County v. Florida Rock Industries, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2003-01-14

Citation: 834 So. 2d 370, 2003 Fla. App. LEXIS 203, 2003 WL 104575

Snippet: regulations in exchange for public benefits). [5] §§ 163.3161-.3215, Fla. Stat. (1999).

Combs v. City of Naples

Court: District Court of Appeal of Florida | Date Filed: 2002-08-30

Citation: 834 So. 2d 194, 2002 WL 2005927

Snippet: ALTENBERND and SILBERMAN, JJ., concur. NOTES [1] §§ 163.3161 to 163.3217, Fla. Stat. (1999). [2] Section 163

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

Court: District Court of Appeal of Florida | Date Filed: 2002-08-28

Citation: 824 So. 2d 989, 2002 Fla. App. LEXIS 12397

Snippet: planning coordination expressed in the section 163.3161(4) provision that "the intent of this act [is]

Wildlife Federation v. Collier County

Court: District Court of Appeal of Florida | Date Filed: 2002-05-28

Citation: 819 So. 2d 200, 2002 WL 1049732

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

ORMOND BEACH v. Daytona Beach

Court: District Court of Appeal of Florida | Date Filed: 2001-07-20

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

Snippet: Beach suggests that the Legislature enacted § 163.3161, the Local Government Comprehensive Planning Act

Coastal Development of North Florida, Inc. v. City of Jacksonville Beach

Court: Supreme Court of Florida | Date Filed: 2001-04-12

Citation: 788 So. 2d 204, 26 Fla. L. Weekly Supp. 224, 2001 Fla. LEXIS 743, 2001 WL 360443

Snippet: § 163.3164(20), Fla. Stat. (1995). [8] See §§ 163.3161-.3243, Fla. Stat. (1995), et. seq. [9] See §

Martin County v. Yusem

Court: Supreme Court of Florida | Date Filed: 1997-03-27

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

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