The 2023 Florida Statutes (including Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 163
INTERGOVERNMENTAL PROGRAMS

View Entire Chapter

F.S. 163.3164

163.3164 Community Planning Act; definitions.—As used in this act:

(1) “Adaptation action area” or “adaptation area” means a designation in the coastal management element of a local government’s comprehensive plan which identifies one or more areas that experience coastal flooding due to extreme high tides and storm surge, and that are vulnerable to the related impacts of rising sea levels for the purpose of prioritizing funding for infrastructure needs and adaptation planning.

(2) “Administration Commission” means the Governor and the Cabinet, and for purposes of this chapter the commission shall act on a simple majority vote, except that for purposes of imposing the sanctions provided in s. 163.3184(8), affirmative action shall require the approval of the Governor and at least three other members of the commission.

(3) “Affordable housing” has the same meaning as in s. 420.0004(3).

(4) “Agricultural enclave” means an unincorporated, undeveloped parcel that:

(a) Is owned by a single person or entity;

(b) Has been in continuous use for bona fide agricultural purposes, as defined by s. 193.461, for a period of 5 years prior to the date of any comprehensive plan amendment application;

1. Property that has existing industrial, commercial, or residential development; or

2. Property that the local government has designated, in the local government’s comprehensive plan, zoning map, and future land use map, as land that is to be developed for industrial, commercial, or residential purposes, and at least 75 percent of such property is existing industrial, commercial, or residential development;

(d) Has public services, including water, wastewater, transportation, schools, and recreation facilities, available or such public services are scheduled in the capital improvement element to be provided by the local government or can be provided by an alternative provider of local government infrastructure in order to ensure consistency with applicable concurrency provisions of s. 163.3180; and

(e) Does not exceed 1,280 acres; however, if the property is surrounded by existing or authorized residential development that will result in a density at buildout of at least 1,000 residents per square mile, then the area shall be determined to be urban and the parcel may not exceed 4,480 acres.

(5) “Antiquated subdivision” means a subdivision that was recorded or approved more than 20 years ago and that has substantially failed to be built and the continued buildout of the subdivision in accordance with the subdivision’s zoning and land use purposes would cause an imbalance of land uses and would be detrimental to the local and regional economies and environment, hinder current planning practices, and lead to inefficient and fiscally irresponsible development patterns as determined by the respective jurisdiction in which the subdivision is located.

(6) “Area” or “area of jurisdiction” means the total area qualifying under this act, whether this be all of the lands lying within the limits of an incorporated municipality, lands in and adjacent to incorporated municipalities, all unincorporated lands within a county, or areas comprising combinations of the lands in incorporated municipalities and unincorporated areas of counties.

(7) “Capital improvement” means physical assets constructed or purchased to provide, improve, or replace a public facility and which are typically large scale and high in cost. The cost of a capital improvement is generally nonrecurring and may require multiyear financing. For the purposes of this part, physical assets that have been identified as existing or projected needs in the individual comprehensive plan elements shall be considered capital improvements.

(8) “Coastal area” means the 35 coastal counties and all coastal municipalities within their boundaries.

(9) “Compatibility” means a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition.

(10) “Comprehensive plan” means a plan that meets the requirements of ss. 163.3177 and 163.3178.

(11) “Deepwater ports” means the ports identified in s. 403.021(9).

(12) “Density” means an objective measurement of the number of people or residential units allowed per unit of land, such as residents or employees per acre.

(13) “Developer” means any person, including a governmental agency, undertaking any development as defined in this act.

(14) “Development” has the same meaning as in s. 380.04.

(15) “Development order” means any order granting, denying, or granting with conditions an application for a development permit.

(16) “Development permit” includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land.

(17) “Downtown revitalization” means the physical and economic renewal of a central business district of a community as designated by local government, and includes both downtown development and redevelopment.

(18) “Floodprone areas” means areas inundated during a 100-year flood event or areas identified by the National Flood Insurance Program as an A Zone on flood insurance rate maps or flood hazard boundary maps.

(19) “Goal” means the long-term end toward which programs or activities are ultimately directed.

(20) “Governing body” means the board of county commissioners of a county, the commission or council of an incorporated municipality, or any other chief governing body of a unit of local government, however designated, or the combination of such bodies where joint utilization of this act is accomplished as provided herein.

(21) “Governmental agency” means:

(a) The United States or any department, commission, agency, or other instrumentality thereof.

(b) This state or any department, commission, agency, or other instrumentality thereof.

(c) Any local government, as defined in this section, or any department, commission, agency, or other instrumentality thereof.

(d) Any school board or other special district, authority, or governmental entity.

(22) “Intensity” means an objective measurement of the extent to which land may be developed or used, including the consumption or use of the space above, on, or below ground; the measurement of the use of or demand on natural resources; and the measurement of the use of or demand on facilities and services.

(23) “Internal trip capture” means trips generated by a mixed-use project that travel from one onsite land use to another onsite land use without using the external road network.

(24) “Land” means the earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.

(25) “Land development regulation commission” means a commission designated by a local government to develop and recommend, to the local governing body, land development regulations which implement the adopted comprehensive plan and to review land development regulations, or amendments thereto, for consistency with the adopted plan and report to the governing body regarding its findings. The responsibilities of the land development regulation commission may be performed by the local planning agency.

(26) “Land development regulations” means ordinances enacted by governing bodies for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other regulations controlling the development of land, except that this definition does not apply in s. 163.3213.

(27) “Land use” means the development that has occurred on the land, the development that is proposed by a developer on the land, or the use that is permitted or permissible on the land under an adopted comprehensive plan or element or portion thereof, land development regulations, or a land development code, as the context may indicate.

(28) “Level of service” means an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility.

(29) “Local government” means any county or municipality.

(30) “Local planning agency” means the agency designated to prepare the comprehensive plan or plan amendments required by this act.

(31) “Master development plan” or “master plan,” for the purposes of this act and 26 U.S.C. s. 118, means a planning document that integrates plans, orders, agreements, designs, and studies to guide development as defined in this section and may include, as appropriate, authorized land uses, authorized amounts of horizontal and vertical development, and public facilities, including local and regional water storage for water quality and water supply. The term includes, but is not limited to, a plan for a development under this chapter or chapter 380, a basin management action plan pursuant to s. 403.067(7), a regional water supply plan pursuant to s. 373.709, a watershed protection plan pursuant to s. 373.4595, and a spring protection plan developed pursuant to s. 373.807.

(32) “Newspaper of general circulation” means a newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.

(33) “New town” means an urban activity center and community designated on the future land use map of sufficient size, population, and land use composition to support a variety of economic and social activities consistent with an urban area designation. New towns shall include basic economic activities; all major land use categories, with the possible exception of agricultural and industrial; and a centrally provided full range of public facilities and services that demonstrate internal trip capture. A new town shall be based on a master development plan.

(34) “Objective” means a specific, measurable, intermediate end that is achievable and marks progress toward a goal.

(35) “Parcel of land” means any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or developer as land to be used, or developed as, a unit or which has been used or developed as a unit.

(36) “Person” means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

(37) “Policy” means the way in which programs and activities are conducted to achieve an identified goal.

(38) “Projects that promote public transportation” means projects that directly affect the provisions of public transit, including transit terminals, transit lines and routes, separate lanes for the exclusive use of public transit services, transit stops (shelters and stations), office buildings or projects that include fixed-rail or transit terminals as part of the building, and projects which are transit oriented and designed to complement reasonably proximate planned or existing public facilities.

(39) “Public facilities” means major capital improvements, including transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational facilities.

(40) “Public notice” means notice as required by s. 125.66(2) for a county or by s. 166.041(3)(a) for a municipality. The public notice procedures required in this part are established as minimum public notice procedures.

(41) “Regional planning agency” means the council created pursuant to chapter 186.

(42) “Seasonal population” means part-time inhabitants who use, or may be expected to use, public facilities or services, but are not residents and includes tourists, migrant farmworkers, and other short-term and long-term visitors.

(43) “Sector plan” means the process authorized by s. 163.3245 in which one or more local governments engage in long-term planning for a large area and address regional issues through adoption of detailed specific area plans within the planning area as a means of fostering innovative planning and development strategies, furthering the purposes of this part and part I of chapter 380, reducing overlapping data and analysis requirements, protecting regionally significant resources and facilities, and addressing extrajurisdictional impacts. The term includes an optional sector plan that was adopted before June 2, 2011.

(44) “State land planning agency” means the Department of Economic Opportunity.

(45) “Structure” has the same meaning as in s. 380.031(19).

(46) “Suitability” means the degree to which the existing characteristics and limitations of land and water are compatible with a proposed use or development.

(47) “Transit-oriented development” means a project or projects, in areas identified in a local government comprehensive plan, that is or will be served by existing or planned transit service. These designated areas shall be compact, moderate to high density developments, of mixed-use character, interconnected with other land uses, bicycle and pedestrian friendly, and designed to support frequent transit service operating through, collectively or separately, rail, fixed guideway, streetcar, or bus systems on dedicated facilities or available roadway connections.

(48) “Transportation corridor management” means the coordination of the planning of designated future transportation corridors with land use planning within and adjacent to the corridor to promote orderly growth, to meet the concurrency requirements of this chapter, and to maintain the integrity of the corridor for transportation purposes.

(49) “Urban infill” means the development of vacant parcels in otherwise built-up areas where public facilities such as sewer systems, roads, schools, and recreation areas are already in place and the average residential density is at least five dwelling units per acre, the average nonresidential intensity is at least a floor area ratio of 1.0 and vacant, developable land does not constitute more than 10 percent of the area.

(50) “Urban redevelopment” means demolition and reconstruction or substantial renovation of existing buildings or infrastructure within urban infill areas, existing urban service areas, or community redevelopment areas created pursuant to part III.

(51) “Urban service area” means areas identified in the comprehensive plan where public facilities and services, including, but not limited to, central water and sewer capacity and roads, are already in place or are identified in the capital improvements element. The term includes any areas identified in the comprehensive plan as urban service areas, regardless of local government limitation.

(52) “Urban sprawl” means a development pattern characterized by low density, automobile-dependent development with either a single use or multiple uses that are not functionally related, requiring the extension of public facilities and services in an inefficient manner, and failing to provide a clear separation between urban and rural uses.

History.—s. 3, ch. 75-257; s. 49, ch. 79-190; s. 10, ch. 81-167; s. 10, ch. 83-55; s. 2, ch. 85-55; s. 3, ch. 92-129; s. 2, ch. 93-206; s. 2, ch. 95-257; s. 22, ch. 95-280; s. 7, ch. 95-310; s. 2, ch. 98-176; s. 2, ch. 99-378; s. 1, ch. 2005-290; s. 3, ch. 2006-255; s. 1, ch. 2007-204; s. 2, ch. 2009-96; s. 2, ch. 2011-14; ss. 6, 80, ch. 2011-139; s. 59, ch. 2011-142; s. 21, ch. 2018-158; s. 30, ch. 2019-3.

F.S. 163.3164 on Google Scholar

F.S. 163.3164 on Casetext

Amendments to 163.3164

Arrestable Offenses / Crimes under Fla. Stat. 163.3164

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 163.3164.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . or to prevent such local government from taking any action on, a development order, as defined in s. 163.3164 . . .

MULLEN, v. BAL HARBOUR VILLAGE,, 241 So. 3d 949 (Fla. App. Ct. 2018)

. . . ." § 163.3164(15), Fla. Stat. (2017). . . .

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

. . . See § 163.3164(15) (defining a "development order” as "any order granting, denying, or granting with . . .

TOWN OF PONCE INLET, a v. PACETTA, LLC, a a a, 226 So. 3d 303 (Fla. Dist. Ct. App. 2017)

. . . comprehensive plan amendments affecting five or fewer “parcels,” as that term is defined by section 163.3164 . . . Section 163.3164(16), Florida Statutes (2008), defined a “parcel of land” as: any quantity of land capable . . .

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

. . . authorizes challenges to local decisions involving applications for “a development order, as defined in § 163.3164 . . . Under § 163.3164(15), “development order” refers to “any order granting, denying, or granting -with conditions . . . other official action of local government having the effect of permitting the development of land.” § 163.3164 . . . Graves, 74 So.3d at 598, “development” is broadly construed and includes “any building activity” (§§ 163.3164 . . . government to challenge any decision [granting] an application for ... a development order, as defined in s.163.3164 . . .

HILLCREST PROPERTY, LLP, v. PASCO COUNTY,, 939 F. Supp. 2d 1240 (M.D. Fla. 2013)

. . . . § 163.3164(47). . . . .

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

. . . Section 163.3164(9), Florida Statutes (2011), defines “compatibility” as “a condition in which land uses . . . See § 163.3164(9). . . .

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

. . . We based our conclusion upon the plain language definitions of section 163.3164: A development order . . . The appellants base their argument not upon the plain language definitions of section 163.3164, but upon . . . Section 163.3215 specifically provides that a “development order” is “as defined in s. 163.3164”: Any . . . conditions an application for a development permit.” § 163.3164(7). . . . The City’s definition of “development order” is the same as section 163.3164’s definition. . . . .” § 163.3164(7), Fla. Stat. (2009). . . . .” § 163.3164(8) (emphasis added). . . . Pursuant to section 163.3164(6), “development” has the meaning given it in section 380.04 of “The Florida . . . Indeed, the list of development permits contained in section 163.3164(8) was not meant to be exhaustive . . . See § 163.3164(8), Fla. Stat. . . .

FRIENDS OF FLORIDA, INC. v. PALM BEACH COUNTY, 69 So. 3d 1123 (Fla. Dist. Ct. App. 2011)

. . . .” § 163.3164(7), Fla. Stat. (2008). . . . . § 163.3164(8), Fla. Stat. (2008). . . . .

WILSON, LLC, LLC, v. PALM BEACH COUNTY,, 62 So. 3d 1247 (Fla. Dist. Ct. App. 2011)

. . . determination that the county ordinances are not preempted by the exclusion of agricultural uses from section 163.3164 . . . Section 163.3164(6) defines “development” by referencing section 380.04, which defines the term as “the . . . If agricultural uses are excluded, then the terms of section 163.3164, et seq., would not apply to them . . . But agricultural use is not within the definition of development and governed by Chapter 163.3164. . . .

TOWN OF PONCE INLET, v. PACETTA, LLC,, 63 So. 3d 840 (Fla. Dist. Ct. App. 2011)

. . . development orders or comprehensive amendments affecting five or fewer “parcels,” as defined by section 163.3164 . . . Section 163.3164(16), Florida Statutes (2008), defines “parcel of land” as: [A]ny quantity of land capable . . . Section 163.3164(16) plainly defines “parcel” to include land “to be used, or developed, as a unit.” . . .

ATWATER, v. CITY OF WESTON, S., 64 So. 3d 701 (Fla. Dist. Ct. App. 2011)

. . . See § 163.3164(20), Fla. Stat. See also §§ 163.3184(6), 380.032, Fla. Stat. . . .

MIAMI- DADE COUNTY, v. DEPARTMENT OF COMMUNITY AFFAIRS,, 54 So. 3d 633 (Fla. Dist. Ct. App. 2011)

. . . . § 163.3164(1), Fla. Stat. . . . .

PRESERVE PALM BEACH POLITICAL ACTION COMMITTEE v. TOWN OF PALM BEACH,, 50 So. 3d 1176 (Fla. Dist. Ct. App. 2010)

. . . .” § 163.3164(7), Fla. Stat. (2009). . . . Beach responds that the 1979 Agreement meets the definition of “development order” provided in section 163.3164 . . .

PAYNE a a v. CITY OF MIAMI, a LLC, a, 53 So. 3d 258 (Fla. Dist. Ct. App. 2010)

. . . See § 163.3164(20), Fla. . . . comprehensive plan for urban infill, urban redevelopment, or downtown revitalization as defined in s. 163.3164 . . .

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

. . . See § 163.3164(20), Fla. . . . Fla.1993) (stating that “an order granting or denying rezoning constitutes a development order”); § 163.3164 . . . any order granting, denying or granting with conditions an application for a development permit”); § 163.3164 . . . other official action of local government having the effect of permitting the development of land”); § 163.3164 . . . comprehensive plan for urban infill, urban redevelopment, or downtown revitalization as defined in s. 163.3164 . . . comprehensive plan for urban infill, urban redevelopment, or downtown revitalization as defined in s. 163.3164 . . .

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)

. . . .” § 163.3164(7), Fla. Stat. . . .

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)

. . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . .

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

. . . Florida, each county must adopt a comprehensive plan for future development and growth, see sections 163.3164 . . . or to prevent such local government from taking any action on, a development order, as defined in s. 163.3164 . . . Section 163.3164(6), Florida Statutes (2006) provides that “Development” has the same meaning as that . . . Section 163.3164(7) defines “Development order” as meaning "any order granting, denying, or granting . . . application and approval Gulf County, Florida, Unified Land Development Regulations § 2.00.03; see also § 163.3164 . . .

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

. . . Section 163.3164(7), Florida Statutes, specifically defines "development order" as "any order granting . . . Section 163.3164(8) defines "development permit" as an official action having the effect of permitting . . .

CITRUS COUNTY, v. HALLS RIVER DEVELOPMENT, INC., 8 So. 3d 413 (Fla. Dist. Ct. App. 2009)

. . . Stat. (2005); see also § 163.3164(7), Fla. Stat. (2005). . . .

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

. . . Stat. (2007); see also § 163.3164(7), Fla. Stat. (2007). . . . or to prevent such local government from taking any action on, a development order, as defined in s. 163.3164 . . . Section 163.3164(17), Florida Statutes (2007), provides that, as used in the Local Government Comprehensive . . .

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

. . . or to prevent such local government from taking any action on, a development order, as defined in s. 163.3164 . . .

ADVISORY OPINION TO ATTORNEY GENERAL REFERENDA REQUIRED FOR ADOPTION AND AMENDMENT OF LOCAL GOVERNMENT COMPREHENSIVE LAND USE PLANS, 938 So. 2d 501 (Fla. 2006)

. . . the “Local Government Comprehensive Planning and Land Development Regulation Act,” sections 163.3161, 163.3164 . . . but instead defines the term as “a plan that meets the requirements of ss. 163.3177 and 163.3178.” § 163.3164 . . . Section 163.3164(14), Florida Statutes (2005), defines “local planning agency” as “the agency designated . . . the Local Government Comprehensive Planning and Land Development Regulation Act, sections 163.3161, 163.3164 . . . See § 163.3164(13), Fla. Stat. (2005). . . .

SEMINOLE COUNTY, v. CITY OF WINTER SPRINGS,, 935 So. 2d 521 (Fla. Dist. Ct. App. 2006)

. . . .” § 163.3164(9), Fla. Stat. (2005). . . .

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

. . . or to prevent such local government from taking any action on, a development order, as defined in s. 163.3164 . . .

PAYNE, a a v. CITY OF MIAMI, a LLC, a, 913 So. 2d 1260 (Fla. Dist. Ct. App. 2005)

. . . . § 163.3164(13). Thus, in this case “local government” means the City of Miami. . . . See § 163.3164(13), Fla. Stat. . . .

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

. . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . . Next, our analysis of the pertinent provisions of section 163.3164, Florida Statutes (2001), reveals . . .

ST. JOHNS ST. AUGUSTINE, COMMITTEE, v. CITY OF ST. AUGUSTINE,, 909 So. 2d 575 (Fla. Dist. Ct. App. 2005)

. . . See §§ 163.3194(1) & (2); 163.3164(6) & (23), Fla. Stat. . . .

CITY OF COCOA BEACH, v. VACATION BEACH, INC., 852 So. 2d 358 (Fla. Dist. Ct. App. 2003)

. . . . § 163.3164(9), Fla. Stat. (2001). . . . Appellee acknowledges that the phrase “governing body” refers to the city council. § 163.3164(9), Fla . . .

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

. . . proceeding, the parties agree that the site plan approval is a “development order” as defined by section 163.3164 . . .

GALAXY FIREWORKS, INC. v. CITY OF ORLANDO,, 842 So. 2d 160 (Fla. Dist. Ct. App. 2003)

. . . . § 163.3164(23), Fla. Stat. . . . . § 163.3164(6), Fla. Stat. . . .

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

. . . They contended instead that, because the project was a “public facility” within the meaning of section 163.3164 . . .

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

. . . (setting forth the procedure for local government to follow in issuing a DRI development order); § 163.3164 . . .

LORIDA WILDLIFE FEDERATION v. COLLIER COUNTY, A. Jr., 819 So. 2d 200 (Fla. Dist. Ct. App. 2002)

. . . for agricultural uses, explaining as follows: ... the exemption of agricultural uses from the Section 163.3164 . . . It is certainly correct, as stated by the Department in its order, that section 163.3164(6) exempts agricultural . . . In the Growth Policy Act, section 163.3164(12) defines “land use” to include both development and other . . . Section 163.3164(6) adopts the definition of development set forth in section 380.04. . . . Section 163.3164(12), Florida Statutes (2000), defines "land use” to mean: "the development that has . . . While the specific use of “agriculture” is not defined in section 163.3164, the definitional portion . . . occurred or will be proposed, or to uses that are permissible or permitted under a comprehensive plan. § 163.3164 . . . As the Department explained in its final order, the definition of “development” in section 163.3164(6 . . .

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

. . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . . See § 163.3164(7) and (8), Fla. . . .

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

. . . See § 163.3164(20), Fla. Stat. (1995). . See §§ 163.3161-.3243, Fla. Stat. (1995), et. seq. . . . .

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

. . . case is to determine which orders are development orders and reviewable under section 163.3215 and 163.3164 . . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . . Section 163.3164 defines “development order” and “development permit” as follows: (7) “Development order . . .

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

. . . See §§ 163.3215(1), 163.3164, 380.04(3)(b). . . . have standing to contest the project because it is a “public facility” within the meaning of section 163.3164 . . .

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

. . . actions taken by the County and the School Board constitute a “Development Order” as defined in section 163.3164 . . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . .

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

. . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . .

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

. . . government to prevent such local government from taking any "action on a development order, as defined in s. 163.3164 . . .

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

. . . .” § 163.3164(7), Fla. Stat. (1999). . . . .” § 163.3164(8), Fla. Stat. (1999). . . . Approval of the site plan would have constituted approval of a development order as defined by section 163.3164 . . .

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

. . . See § 163.3164(7), Fla. Stat. (1993). . . .

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

. . . some sympathy with Matanzas’ argument, and indeed there may be an oversight with regard to sections 163.3164 . . .

CITY OF SARASOTA, a v. S. LEMON, INC., 722 So. 2d 268 (Fla. Dist. Ct. App. 1998)

. . . order, the trial court sets forth the definition of “land development regulation” as defined in section 163.3164 . . . If the Noise Ordinance is a land development regulation within the meaning of section 163.3164(23), Florida . . .

MIAMI SIERRA CLUB v. STATE ADMINISTRATION COMMISSION, 721 So. 2d 829 (Fla. Dist. Ct. App. 1998)

. . . . § 163.3164(1), Fla. Stat. (1997). . . .

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

. . . A development order as defined in section 163.3164 is an order granting, denying or granting with conditions . . .

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

. . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . .

C. PAEDAE v. ESCAMBIA COUNTY, A, 709 So. 2d 575 (Fla. Dist. Ct. App. 1998)

. . . legislative action, but rather in the nature of a denial of a development permit, pursuant to section 163.3164 . . .

LOVE PGI PARTNERS, LP, v. SCHULTZ,, 706 So. 2d 887 (Fla. Dist. Ct. App. 1998)

. . . Both chapter 163.3164(4) and the Citrus County Code, adopted pursuant to chapter 163 deal with regulations . . . Stat. (1995). . §§ 163.3164(23); 163.3201, Fla. Stat. . State v. . . .

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

. . . government to prevent such local government from taking any action on a development order, as defined in § 163.3164 . . .

LEE COUNTY, a v. LIPPI J M a d b a S, 693 So. 2d 686 (Fla. Dist. Ct. App. 1997)

. . . VII, which alleged that the ordinance is a “land development regulation,” as defined in subsection 163.3164 . . . Subsection 163.3164(11) defines “land” as “the earth, water, and air, above, below, or on the surface . . . ...” and subsection 163.3164(22) defines “land development regulations” as ordinances enacted for the . . . The term “development” is defined in subsection 163.3164(5) as having “the meaning given it in s. 380.04 . . .

MARTIN COUNTY, v. R. YUSEM,, 690 So. 2d 1288 (Fla. 1997)

. . . The Administration Commission, composed of the Governor and the Cabinet, see § 163.3164(1), Fla. . . .

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

. . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . . Subsection 163.3164(7) defines "development order” as "any order granting, denying, or granting with . . .

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

. . . here, that the certificate of appropriateness is a development order within the definition of section 163.3164 . . . certificate of appropriateness is a development order as such term is defined by Florida Statutes Section 163.3164 . . . permit which had the effect of permitting the development of land as such terms are defined by sections 163.3164 . . .

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

. . . . § 163.3164(7), (8). . . . .

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

. . . The Department of Community Affairs, as the legislatively designated state planning agency, section 163.3164 . . .

SANTA ROSA COUNTY, v. ADMINISTRATION COMMISSION, DIVISION OF ADMINISTRATIVE HEARINGS, W., 642 So. 2d 618 (Fla. Dist. Ct. App. 1994)

. . . .” § 163.3164(1); § 163.3184, Fla.Stat. . . .

N. FEDERAL HIGHWAY, INC. d b a v. BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, a B., 646 So. 2d 215 (Fla. Dist. Ct. App. 1994)

. . . (ordinances that “affect the use of land”) and § 163.3164(11), Fla. Stat. . . .

INTERNATIONAL EATERIES OF AMERICA, INC. v. BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, DMH, INC. v. BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, BORDO, INC. v. BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, N. FEDERAL HIGHWAY, INC. a d b a v. BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA,, 838 F. Supp. 580 (S.D. Fla. 1993)

. . . .-66(6), 163.3164(22), and 163.3194(2) of the Florida Statutes. . . . The Court reaches the same conclusion with respect to sections 163.3164(22) and 163.3194(2). . . . Under section 163.3164(22), “land development regulations” means: [Ordinances enacted by governing bodies . . . Fla.Stat.Ann. § 163.3164(22) (emphasis added). . . . As the applicability of sections 125.-66(6), 163.3164(22), and , 163.3194(2) to Ord. 93-18 is unsettled . . .

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

. . . Section 163.3164, Florida Statutes (1991), reads in pertinent part: (б) “Development order” means any . . .

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

. . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . . any order granting, denying, or granting with conditions an application for a development permit,” § 163.3164 . . .

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

. . . Section 163.3164(7), Fla.Stat. (1991). . . . The term “Development Order” is defined in section 163.3164(6), Florida Statutes, as “any order granting . . . Section 163.3164 defines both a development order in subsection (6) and a development permit in subsection . . .

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

. . . For example, § 163.3164(22), Fla.Stat. (1991), defining "land development regulations,” implies the persistence . . .

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

. . . . §§ 163.3184(3)(a); 163.3164(8), Fla.Stat. . . .

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

. . . to prevent such local government from taking any action on a development order, , as defined in s. 163.3164 . . . Section 163.3164(12), Florida Statutes (1989). . . . . Section 163.3164(6) and (7), Florida Statutes (1989). . . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . .

ENVIRONMENTAL COALITION OF FLORIDA, INC. v. BROWARD COUNTY, 586 So. 2d 1212 (Fla. Dist. Ct. App. 1991)

. . . . §§ 163.3164(19), 163.-3167(2), Fla.Stat. (1987). . . .

FLORIDA LEAGUE OF CITIES, INC. v. ADMINISTRATION COMMISSION TOWN OF PEMBROKE PARK, v. STATE ADMINISTRATION COMMISSION, VILLAGE OF VIRGINIA GARDENS, v. STATE ADMINISTRATION COMMISSION, TOWN OF PEMBROKE PARK, v. STATE ADMINISTRATION COMMISSION,, 586 So. 2d 397 (Fla. Dist. Ct. App. 1991)

. . . Because section 163.3164 requires that the imposition of sanctions requires the affirmative vote of the . . .

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

. . . See § 163.3164(6) & (7), Fla.Stat. (1987). . § 163.3215(1), Fla.Stat. (1987). . § 163.3215(3)(b), Fla.Stat . . .

L. TAYLOR v. RIDGE AT THE BLUFFS HOMEOWNER S ASSOCIATION, INC. a, 579 So. 2d 895 (Fla. Dist. Ct. App. 1991)

. . . As written, this section regulates governing bodies, which, in turn, are defined under section 163.3164 . . .

BENSON, B. v. CITY OF MIAMI BEACH, DEPARTMENT OF COMMUNITY AFFAIRS, N. V., 591 So. 2d 942 (Fla. Dist. Ct. App. 1991)

. . . Section 163.3164(14), Florida Statutes (1989), defines a “newspaper of general circulation” as a newspaper . . .

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

. . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . . Section 163.3164(6), Florida Statutes (1989). . . .

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

. . . government to prevent such local government from taking any action on a development order, as defined in s. 163.3164 . . .

DEPARTMENT OF TRANSPORTATION, v. Dr. LOPEZ- TORRES,, 526 So. 2d 674 (Fla. 1988)

. . . . § 163.3164, Fla.Stat. (1985). . . .

W. KANE, E. R. v. S. ROBBINS,, 524 So. 2d 1048 (Fla. Dist. Ct. App. 1988)

. . . See also § 163.3164(9)(d), Fla. Stat. (1985). . . . .” § 163.3164(9)(d), Fla. Stat. (1985). . . .

RINKER MATERIALS CORPORATION, a v. TOWN OF LAKE PARK, a, 494 So. 2d 1123 (Fla. 1986)

. . . . § 163.3164(5), Fla.Stat. (1985). . . .

L. CABRERA v. DEPARTMENT OF COMMUNITY AFFAIRS, 465 So. 2d 547 (Fla. Dist. Ct. App. 1985)

. . . The State of Florida, Department of Community Affairs, pursuant to sections 163.3164(18) and 380.07, . . .

CITY OF JACKSONVILLE BEACH, v. C. GRUBBS,, 461 So. 2d 160 (Fla. Dist. Ct. App. 1984)

. . . "Development order” is defined in § 163.3164(5) to include “any order ... denying ... a development permit . . . Further, "development permit” includes “rezoning” under § 163.3164(6). . . . .

COUNCIL OF LOWER KEYS, v. CHARLEY TOPPINO SONS, INC., 429 So. 2d 67 (Fla. Dist. Ct. App. 1983)

. . . pollution permit is a “development order” is completely belied by the definition of that term in Sec. 163.3164 . . .

CALOOSA PROPERTY OWNERS ASSOCIATION, INC. v. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS,, 429 So. 2d 1260 (Fla. Dist. Ct. App. 1983)

. . . See, e.g., § 163.3164(18), Fla.Stat.; Fla.Admin.Code Rule 27F-1.01(5). . See Note 3. . . . .

CITY OF BOCA RATON, v. COUNTY OF PALM BEACH, a, 372 So. 2d 982 (Fla. Dist. Ct. App. 1979)

. . . . § 163.3164(1), Florida Statutes. That language is at the focus of the dispute here. . . . Although that decision appears eminently sensible, it appears to directly conflict with Section 163.3164 . . . When you put the provisions of Sections 163.3164(1) and 163.3211 together you Aave the legislature stating . . . express provisions of the legislature must prevail and I cannot ignore the clear language of Section 163.3164 . . .