Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 163.3164 - Full Text and Legal Analysis
Florida Statute 163.3164 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 163.3164 Case Law from Google Scholar Google Search for Amendments to 163.3164

The 2025 Florida Statutes

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;
(c) Is surrounded on at least 75 percent of its perimeter by:
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) “Mobility fee” means a local government fee schedule established by ordinance and based on the projects included in the local government’s adopted mobility plan.
(33) “Mobility plan” means an alternative transportation system mobility study developed by using a plan-based methodology and adopted into a local government comprehensive plan that promotes a compact, mixed use, and interconnected development served by a multimodal transportation system in an area that is urban in character, or designated to be urban in character, as defined in s. 171.031.
(34) “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.
(35) “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.
(36) “Objective” means a specific, measurable, intermediate end that is achievable and marks progress toward a goal.
(37) “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.
(38) “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.
(39) “Policy” means the way in which programs and activities are conducted to achieve an identified goal.
(40) “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.
(41) “Public facilities” means major capital improvements, including transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational facilities.
(42) “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.
(43) “Regional planning agency” means the council created pursuant to chapter 186.
(44) “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.
(45) “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.
(46) “State land planning agency” means the Department of Commerce.
(47) “Structure” has the same meaning as in s. 380.031(19).
(48) “Suitability” means the degree to which the existing characteristics and limitations of land and water are compatible with a proposed use or development.
(49) “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.
(50) “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.
(51) “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.
(52) “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.
(53) “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.
(54) “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; s. 26, ch. 2024-6; s. 1, ch. 2024-266.

F.S. 163.3164 on Google Scholar

F.S. 163.3164 on CourtListener

Amendments to 163.3164


Annotations, Discussions, Cases:

Cases Citing Statute 163.3164

Total Results: 79

BD. OF CTY. COM'RS OF BREVARD v. Snyder

627 So. 2d 469, 1993 WL 391610

Supreme Court of Florida | Filed: Oct 7, 1993 | Docket: 1752944

Cited 93 times | Published

criteria enumerated by the local government. Section 163.3164, Florida Statutes (1991), reads in pertinent

3299 N. Federal Hwy. v. BROWARD CTY. COM'RS

646 So. 2d 215, 1994 WL 486627

District Court of Appeal of Florida | Filed: Nov 29, 1994 | Docket: 1254342

Cited 19 times | Published

(ordinances that "affect the use of land") and § 163.3164(11), Fla. Stat. ("use that is permitted or permissible

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

change." Mitchell, at 89. [10] For example, § 163.3164(22), Fla. Stat. (1991), defining "land development

City of Jacksonville Beach v. Grubbs

461 So. 2d 160, 9 Fla. L. Weekly 2516, 1984 Fla. App. LEXIS 16399

District Court of Appeal of Florida | Filed: Dec 3, 1984 | Docket: 1514628

Cited 18 times | Published

as adopted. "Development order" is defined in § 163.3164(5) to include "any order ... denying ... a development

Fla. League of Cities, Inc. v. Admin. Com'n

586 So. 2d 397

District Court of Appeal of Florida | Filed: Aug 27, 1991 | Docket: 1487719

Cited 17 times | Published

harsher, staff recommended sanction. Because section 163.3164 requires that the imposition of sanctions

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

composed of the Governor and the Cabinet, see § 163.3164(1), Fla. Stat., is then empowered to levy sanctions

Pinecrest Lakes, Inc. v. Shidel

795 So. 2d 191, 2001 WL 1130885

District Court of Appeal of Florida | Filed: Sep 26, 2001 | Docket: 462204

Cited 15 times | Published

the manner set out in this part."). [3] See § 163.3164(7) and (8), Fla. Stat. (2000) ("`Development

Parker v. Leon County

627 So. 2d 476, 1993 WL 391612

Supreme Court of Florida | Filed: Dec 23, 1993 | Docket: 1553812

Cited 15 times | Published

conditions an application for a development permit," § 163.3164(6), Fla. Stat. (1989) (emphasis added), and section

Caloosa Prop. Owners Ass'n v. Palm Beach County Bd.

429 So. 2d 1260

District Court of Appeal of Florida | Filed: Mar 31, 1983 | Docket: 1222358

Cited 15 times | Published

of Veterans and Community Affairs. See, e.g., § 163.3164(18), Fla. Stat.; Fla. Admin. Code Rule 27F-1

Citrus County v. Halls River Development, Inc.

8 So. 3d 413, 2009 Fla. App. LEXIS 2273, 2009 WL 722053

District Court of Appeal of Florida | Filed: Mar 20, 2009 | Docket: 1155007

Cited 10 times | Published

§ 163.3194(1)(a), Fla. Stat. (2005); see also § 163.3164(7), Fla. Stat. (2005). In its complaint below

City of Jacksonville v. Wynn

650 So. 2d 182, 1995 WL 49262

District Court of Appeal of Florida | Filed: Feb 9, 1995 | Docket: 1048898

Cited 8 times | Published

legislatively designated state planning agency, section 163.3164(20), Florida Statutes, must make an initial

City of Coconut Creek v. City of Deerfield Beach

840 So. 2d 389, 2003 WL 1239986

District Court of Appeal of Florida | Filed: Mar 19, 2003 | Docket: 1463952

Cited 7 times | Published

approval is a "development order" as defined by section 163.3164(7), Florida Statutes (2001); that the development

Edgewater Beach Owners Ass'n, Inc. v. Walton County

833 So. 2d 215, 2002 WL 31833708

District Court of Appeal of Florida | Filed: Dec 19, 2002 | Docket: 1675506

Cited 7 times | Published

to follow in issuing a DRI development order); § 163.3164(7), Fla. Stat. (1995) (defining "development

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

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

Supreme Court of Florida | Filed: Apr 12, 2001 | Docket: 1286560

Cited 7 times | Published

Cir. Ct., order dated June 30, 1998). [7] See § 163.3164(20), Fla. Stat. (1995). [8] See §§ 163.3161-

Lutz Lake Fern Road Neighborhood Groups, Inc. v. Hillsborough County

779 So. 2d 380, 2000 WL 783366

District Court of Appeal of Florida | Filed: Jun 21, 2000 | Docket: 1176480

Cited 7 times | Published

constitute a "Development Order" as defined in section 163.3164(7), Florida Statutes. The Court finds that

Bal Harbour Village v. City of North Miami

678 So. 2d 356, 1996 WL 180069

District Court of Appeal of Florida | Filed: Apr 17, 1996 | Docket: 1470729

Cited 6 times | Published

order" within the meaning of the statute. See id. § 163.3164(7), (8). [3] Because we do not reach the merits

Board of Trustees v. SEMINOLE CTY. COM'RS

623 So. 2d 593, 1993 WL 322966

District Court of Appeal of Florida | Filed: Aug 27, 1993 | Docket: 1658438

Cited 6 times | Published

plan "permitting the development of land." Section 163.3164(7), Fla. Stat. (1991). The development order

Leon County v. Parker

566 So. 2d 1315, 1990 WL 110282

District Court of Appeal of Florida | Filed: Sep 18, 1990 | Docket: 547965

Cited 6 times | Published

application for a development permit." (e.s.) Section 163.3164(6), Florida Statutes (1989). Also, subsection

Save the Homosassa River Alliance, Inc. v. Citrus County

2 So. 3d 329, 2008 Fla. App. LEXIS 16449, 2008 WL 4681167

District Court of Appeal of Florida | Filed: Oct 24, 2008 | Docket: 1138727

Cited 5 times | Published

§ 163.3194(l)(a), Fla. Stat. (2007); see also § 163.3164(7), Fla. Stat. (2007). Prior to 1985, common

Emerald Acres Inv. v. BD. OF CTY. COM'RS

601 So. 2d 577

District Court of Appeal of Florida | Filed: Jul 9, 1992 | Docket: 1305318

Cited 5 times | Published

government" means "any county or municipality." Section 163.3164(12), Florida Statutes (1989). [3] "Development

Rinker Materials Corp. v. Town of Lake Park

494 So. 2d 1123, 11 Fla. L. Weekly 437

Supreme Court of Florida | Filed: Aug 21, 1986 | Docket: 452293

Cited 5 times | Published

has in section 380.04, Florida Statutes (1985). § 163.3164(5), Fla. Stat. (1985). Section 380.04(3) specifically

Paedae v. Escambia County

709 So. 2d 575, 1998 WL 107298

District Court of Appeal of Florida | Filed: Mar 13, 1998 | Docket: 1278739

Cited 4 times | Published

denial of a development permit, pursuant to section 163.3164, Florida Statutes. See Board of County Comm'rs

Galaxy Fireworks, Inc. v. City of Orlando

842 So. 2d 160, 2003 Fla. App. LEXIS 2401, 2003 WL 553980

District Court of Appeal of Florida | Filed: Feb 28, 2003 | Docket: 1440340

Cited 3 times | Published

this definition shall not apply in s. 163.3213. § 163.3164(23), Fla. Stat. In addition, this statute provides

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

specific use of "agriculture" is not defined in section 163.3164, the definitional portion of the Act, the

Poulos v. Martin County

700 So. 2d 163, 1997 WL 632047

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 1373631

Cited 3 times | Published

action on a development order, as defined in § 163.3164, which materially alters the use or density or

International Eateries of America, Inc. v. Board of County Commissioners

838 F. Supp. 580, 1993 U.S. Dist. LEXIS 16703

District Court, S.D. Florida | Filed: Oct 29, 1993 | Docket: 2108134

Cited 3 times | Published

in connection with section 125.66(6). Under section 163.3164(22), "land development regulations" means:

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

government in planning and development activities. § 163.3164, Fla. Stat. (1985). We see no reason to engage

Atwater v. City of Weston

64 So. 3d 701, 2011 Fla. App. LEXIS 6320, 2011 WL 1634234

District Court of Appeal of Florida | Filed: May 2, 2011 | Docket: 60301561

Cited 2 times | Published

Affairs is the state land planning agency. See § 163.3164(20), Fla. Stat. See also §§ 163.3184(6), 380

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

found the amendment to be “in compliance.” See § 163.3164(20), Fla. Stat. (2004) (defining the term “state

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

"the board of county commissioners of a county." § 163.3164(9), Fla. Stat. (2005). Because this statute expressly

Key Biscayne v. Tesaurus Holdings, Inc.

761 So. 2d 397, 2000 WL 561000

District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 1709357

Cited 2 times | Published

conditions an application for a development permit." § 163.3164(7), Fla. Stat. (1999). The term "development

Graves v. POMPANO BEACH EX REL. CITY COM'N

74 So. 3d 595

District Court of Appeal of Florida | Filed: Nov 23, 2011 | Docket: 2358148

Cited 1 times | Published

conditions an application for a development permit." § 163.3164(7), Fla. Stat. (2009). A development permit "includes

Preserve Palm Beach Political Action Committee v. Town of Palm Beach

50 So. 3d 1176, 2010 Fla. App. LEXIS 19112, 2010 WL 5093247

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 2398846

Cited 1 times | Published

conditions an application for a development permit." § 163.3164(7), Fla. Stat. (2009). *1179 Preserve primarily

Arbor Properties, Inc. v. Lake Jackson Protection Alliance, Inc.

51 So. 3d 502, 2010 Fla. App. LEXIS 18620, 2010 WL 4967715

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 2406317

Cited 1 times | Published

conditions an application for a development permit." § 163.3164(7), Fla. Stat. Development orders must be consistent

Johnson v. Gulf County

26 So. 3d 33, 2009 Fla. App. LEXIS 19943, 2009 WL 4912595

District Court of Appeal of Florida | Filed: Dec 22, 2009 | Docket: 2410890

Cited 1 times | Published

comprehensive plan adopted under this part. Section 163.3164(6), Florida Statutes (2006) provides that

Payne v. City of Miami

913 So. 2d 1260, 2005 WL 3054154

District Court of Appeal of Florida | Filed: Nov 16, 2005 | Docket: 1331449

Cited 1 times | Published

government' means any county or municipality." Id. § 163.3164(13). Thus, in this case "local government" means

City of Cocoa Beach v. Vacation Beach, Inc.

852 So. 2d 358, 2003 Fla. App. LEXIS 12205, 2003 WL 21946462

District Court of Appeal of Florida | Filed: Aug 15, 2003 | Docket: 1711023

Cited 1 times | Published

"Governing body" in this case is the city council. § 163.3164(9), Fla. Stat. (2001). Our inquiry does not end

St. Johns County v. Department of Community Affairs

836 So. 2d 1034, 2002 WL 31875008

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1500232

Cited 1 times | Published

a "public facility" within the meaning of section 163.3164(24), the County should have amended its comprehensive

Lee v. St. Johns County Board of County Commissioners

776 So. 2d 1110, 2001 Fla. App. LEXIS 1230, 2001 WL 109132

District Court of Appeal of Florida | Filed: Feb 9, 2001 | Docket: 64803414

Cited 1 times | Published

comprehensive plan adopted under this part. Section 163.3164 defines “development order” and “development

1000 FRIENDS OF FLA., INC. v. St. Johns County

765 So. 2d 216, 2000 Fla. App. LEXIS 9233, 2000 WL 1004643

District Court of Appeal of Florida | Filed: Jul 21, 2000 | Docket: 428600

Cited 1 times | Published

a "public facility" within the meaning of section 163.3164(24), and, under section 163.3177(6)(a), a

Das v. Osceola County

715 So. 2d 1105, 1998 WL 472853

District Court of Appeal of Florida | Filed: Aug 14, 1998 | Docket: 1366209

Cited 1 times | Published

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

Gilmore v. Hernando County

584 So. 2d 27, 1991 WL 111478

District Court of Appeal of Florida | Filed: Jun 27, 1991 | Docket: 466806

Cited 1 times | Published

, § 163.3215(4), Fla. Stat. (1987). [2] See § 163.3164(6) & (7), Fla. Stat. (1987). [3] § 163.3215(1)

Manny Seafood Corporation v. The City of Miami

District Court of Appeal of Florida | Filed: Nov 22, 2023 | Docket: 68029155

Published

conditions an application for a development permit.” § 163.3164(15), Fla. Stat. (2023). Manny Seafood’s complaint

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

land, such as residents or employees per acre.” § 163.3164(12), Fla. Stat. “Intensity” means “an objective

Mullen v. Bal Harbour Village

241 So. 3d 949

District Court of Appeal of Florida | Filed: Mar 21, 2018 | Docket: 6340881

Published

conditions an application for a development permit.” § 163.3164(15), Fla. Stat. (2017). In 2011, the Florida

Heine v. Lee County

221 So. 3d 1254, 2017 WL 2821553, 2017 Fla. App. LEXIS 9484

District Court of Appeal of Florida | Filed: Jun 30, 2017 | Docket: 6082859

Published

resolution qualifies as a "development order.” See § 163.3164(15) (defining a "development order” as "any order

Town of Ponce Inlet v. Pacetta, LLC

226 So. 3d 303, 2017 WL 2605150, 2017 Fla. App. LEXIS 8842

District Court of Appeal of Florida | Filed: Jun 16, 2017 | Docket: 6079321

Published

fewer “parcels,” as that term is defined by section 163.3164(16). See Preserve Palm Beach Political

Haines O'Neil, ind. and O'Neil Transportation etc v. Walton County, a political etc.

149 So. 3d 699

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1310798

Published

“a development order, as defined in § 163.3164.” Under § 163.3164(15), “development order” refers to “any

Hillcrest Property, LLP v. Pasco County

939 F. Supp. 2d 1240, 2013 U.S. Dist. LEXIS 53325, 2013 WL 1502627

District Court, M.D. Florida | Filed: Apr 12, 2013 | Docket: 65990606

Published

corridor for transportation purposes. Fla. Stat. § 163.3164(47). . Pasco County has never said why an immediate

Seminole Tribe of Florida v. Hendry County

106 So. 3d 19, 2013 WL 238231, 2013 Fla. App. LEXIS 781

District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60228149

Published

adjacent land uses may be approved as a PUD.” Section 163.3164(9), Florida Statutes (2011), defines “compatibility”

Graves v. City of Pompano Beach ex rel. City Commission

74 So. 3d 595, 2011 Fla. App. LEXIS 18739

District Court of Appeal of Florida | Filed: Nov 23, 2011 | Docket: 60303536

Published

conclusion upon the plain language definitions of section 163.3164: A development order is defined as “any order

1000 Friends of Florida, Inc. v. Palm Beach County

69 So. 3d 1123, 2011 Fla. App. LEXIS 15755, 2011 WL 4577746

District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 2355868

Published

conditions an application for a development permit." § 163.3164(7), Fla. Stat. (2008). A "development permit"

Wilson v. Palm Beach County

62 So. 3d 1247, 2011 Fla. App. LEXIS 8934, 2011 WL 2330077

District Court of Appeal of Florida | Filed: Jun 15, 2011 | Docket: 2362085

Published

by the exclusion of agricultural uses from section 163.3164, Florida Statutes. Plaintiffs/appellants,

Town of Ponce Inlet v. Pacetta, LLC

63 So. 3d 840, 2011 Fla. App. LEXIS 7250, 36 Fla. L. Weekly Fed. D 1092

District Court of Appeal of Florida | Filed: May 20, 2011 | Docket: 60301172

Published

affecting five or fewer “parcels,” as defined by section 163.3164(16). Cf. Preserve Palm Beach Political Action

Miami-Dade County v. Department of Community Affairs

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

District Court of Appeal of Florida | Filed: Feb 28, 2011 | Docket: 60298361

Published

Commission consists of the Governor and Cabinet. § 163.3164(1), Fla. Stat. . Part of the “Growth Management

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

small scale amendment granted by the City. See § 163.3164(20), Fla. Stat. (2005) (defining the term “state

Keene v. Zoning Board of Adjustment

22 So. 3d 665, 2009 Fla. App. LEXIS 16130, 2009 WL 3485968

District Court of Appeal of Florida | Filed: Oct 30, 2009 | Docket: 1639885

Published

this case is clearly a development order. Section 163.3164(7), Florida Statutes, specifically defines

Ago

Florida Attorney General Reports | Filed: Aug 26, 2009 | Docket: 3256264

Published

determine meaning). 14 See ss. 125.0101, Fla. Stat., 163.3164(33)(d), Fla. Stat., providing definitions

Ago

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

Published

com/intro.shtm. 5 See s. 163.3174(4), Fla. Stat. 6 Section 163.3164(9), Fla. Stat. 7 Section 163.3174(1)(b), Fla

Ago

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

Published

com/intro.shtm. 5 See s. 163.3174(4), Fla. Stat. 6 Section 163.3164(9), Fla. Stat. 7 Section 163.3174(1)(b), 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

the requirements of ss. 163.3177 and 163.3178.” § 163.3164(4), Fla. Stat. (2005). However, the Act further

Ago

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

Published

pursuant to section 163.3161, Florida Statutes. Section 163.3164, Florida Statutes, states that the "[l]ocal

Lake Rosa v. BOARD OF COUNTY COM'RS

911 So. 2d 206, 2005 WL 2318982

District Court of Appeal of Florida | Filed: Sep 23, 2005 | Docket: 1501009

Published

our analysis of the pertinent provisions of section 163.3164, Florida Statutes (2001), reveals that a building

Ago

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

Published

adopted pursuant to s. 1013.37, Fla. Stat. 4 Section 163.3164(10)(d), Fla. Stat. 5 Racetrac Petroleum, Inc

Ago

Florida Attorney General Reports | Filed: Jul 9, 2001 | Docket: 3255702

Published

number of places throughout the statutes. Section 163.3164, Florida Statutes, providing definitions for

Ago

Florida Attorney General Reports | Filed: Apr 30, 1999 | Docket: 3258727

Published

a number of times throughout the statutes. Section 163.3164, Florida Statutes (1998 Supplement), providing

City of Sarasota v. 35 S. LEMON INC.

722 So. 2d 268, 1998 WL 879207

District Court of Appeal of Florida | Filed: Dec 18, 1998 | Docket: 1241732

Published

"land development regulation" as defined in section 163.3164(23), Florida Statutes (1995), and emphasized

Miami Sierra Club v. STATE ADMIN. COM'N

721 So. 2d 829, 1998 WL 876976

District Court of Appeal of Florida | Filed: Dec 17, 1998 | Docket: 1694622

Published

consists of the Governor and the Cabinet of Florida. § 163.3164(1), Fla. Stat. (1997).

Beach v. Village North Palm Beach City Council

682 So. 2d 164, 1996 Fla. App. LEXIS 9756, 1996 WL 525515

District Court of Appeal of Florida | Filed: Sep 18, 1996 | Docket: 64768655

Published

development order within the definition of section 163.3164(6), Florida Statutes (1993).

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

Administration Commission and found “not in compliance.” § 163.3164(1); § 163.3184, Fla.Stat. Even if the settlement

Gilmore v. Hernando County

584 So. 2d 27, 1991 Fla. App. LEXIS 6088

District Court of Appeal of Florida | Filed: Jun 27, 1991 | Docket: 64660803

Published

g., § 163.3215(4), Fla.Stat. (1987). . See § 163.3164(6) & (7), Fla.Stat. (1987). . § 163.3215(1)

Taylor v. Ridge at the Bluffs Homeowner's Ass'n

579 So. 2d 895, 1991 Fla. App. LEXIS 4770, 1991 WL 86810

District Court of Appeal of Florida | Filed: May 29, 1991 | Docket: 64658834

Published

bodies, which, in turn, are defined under section 163.3164(8), Florida Statutes (1987), as follows: “Governing

Benson v. City of Miami Beach

591 So. 2d 942, 1991 Fla. App. LEXIS 4717, 1991 WL 82524

District Court of Appeal of Florida | Filed: May 21, 1991 | Docket: 64664397

Published

limited subject matter, pursuant to Chapter 50. Section 163.3164(14), Florida Statutes (1989), defines a “newspaper

Ago

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

Published

3161(5), F.S. 4 Section 163.3161(7), F.S. 5 Section 163.3164(22), F.S. And see, s. 163.3213, F.S., which

Kane v. Robbins

524 So. 2d 1048, 13 Fla. L. Weekly 860, 1988 Fla. App. LEXIS 1382, 1988 WL 28281

District Court of Appeal of Florida | Filed: Apr 6, 1988 | Docket: 64634712

Published

district and a special district. Compare section 163.-3164(9)(d), Florida Statutes (1985), which defines

Ago

Florida Attorney General Reports | Filed: Aug 28, 1985 | Docket: 3256386

Published

Ch. 85-55, Laws of Florida. Cf., AGO 85-56. Section 163.3164(5), F.S., defines development order as any

Ago

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

Published

the local government's comprehensive plan. Section 163.3164, F.S., was amended to provide, inter alia

Ago

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

Published

prepared and adopted in conformity with this act. Section 163.3164, F. S., providing definitions for the Comprehensive

City of Boca Raton v. County of Palm Beach

372 So. 2d 982, 1979 Fla. App. LEXIS 14966

District Court of Appeal of Florida | Filed: Jun 27, 1979 | Docket: 64570969

Published

unincorporated but designated and reserved lands. § 163.3164(1), Florida Statutes. That language is at the