Florida Statute 163.3167 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 163
INTERGOVERNMENTAL PROGRAMS

View Entire Chapter

F.S. 163.3167

163.3167 Scope of act.—

(1) The several incorporated municipalities and counties shall have power and responsibility:

(a) To plan for their future development and growth.

(b) To adopt and amend comprehensive plans, or elements or portions thereof, to guide their future development and growth.

(c) To implement adopted or amended comprehensive plans by the adoption of appropriate land development regulations or elements thereof.

(d) To establish, support, and maintain administrative instruments and procedures to carry out the provisions and purposes of this act.

The powers and authority set out in this act may be employed by municipalities and counties individually or jointly by mutual agreement in accord with this act and in such combinations as their common interests may dictate and require.

(2) Each local government shall maintain a comprehensive plan of the type and in the manner set out in this part or prepare amendments to its existing comprehensive plan to conform it to the requirements of this part and in the manner set out in this part.

(3) A municipality established after the effective date of this act shall, within 1 year after incorporation, establish a local planning agency, pursuant to s. 163.3174, and prepare and adopt a comprehensive plan of the type and in the manner set out in this act within 3 years after the date of such incorporation. A county comprehensive plan is controlling until the municipality adopts a comprehensive plan in accordance with this act. A comprehensive plan for a newly incorporated municipality which becomes effective after January 1, 2016, and all land development regulations adopted to implement the comprehensive plan must incorporate each development order existing before the comprehensive plan’s effective date, may not impair the completion of a development in accordance with such existing development order, and must vest the density and intensity approved by such development order existing on the effective date of the comprehensive plan without limitation or modification.

(4) Any comprehensive plan, or element or portion thereof, adopted pursuant to this act, which but for its adoption after the deadlines established pursuant to previous versions of this act would have been valid, shall be valid.

(5) Nothing in this act shall limit or modify the rights of any person to complete any development that has been authorized as a development of regional impact pursuant to chapter 380 or who has been issued a final local development order and development has commenced and is continuing in good faith. Any landowner with a development order existing before the incorporation of a municipality may elect to abandon the development order and develop the vested density and intensity contained therein pursuant to the municipality’s comprehensive plan and land development regulations adopted pursuant to subsection (3) so long as the vested uses, density, and intensity are consistent with the municipality’s comprehensive plan and all existing obligations in the development order regarding concurrency remain.

(6) The Reedy Creek Improvement District shall exercise the authority of this part as it applies to municipalities, consistent with the legislative act under which it was established, for the total area under its jurisdiction.

(7) Nothing in this part shall supersede any provision of ss. 341.8201-341.842.

(8)(a) An initiative or referendum process in regard to any development order is prohibited.

(b) An initiative or referendum process in regard to any land development regulation is prohibited.

(c) An initiative or referendum process in regard to any local comprehensive plan amendment or map amendment is prohibited unless it is expressly authorized by specific language in a local government charter that was lawful and in effect on June 1, 2011. A general local government charter provision for an initiative or referendum process is not sufficient.

(d) A citizen-led county charter amendment that is not required to be approved by the board of county commissioners preempting any development order, land development regulation, comprehensive plan, or voluntary annexation is prohibited unless expressly authorized in a county charter that was lawful and in effect on January 1, 2024.

(e) It is the intent of the Legislature that initiative and referendum be prohibited in regard to any development order or land development regulation. It is the intent of the Legislature that initiative and referendum be prohibited in regard to any local comprehensive plan amendment or map amendment, except as specifically and narrowly allowed by paragraph (c). Therefore, the prohibition on initiative and referendum stated in paragraphs (a) and (c) is remedial in nature and applies retroactively to any initiative or referendum process commenced after June 1, 2011, and any such initiative or referendum process commenced or completed thereafter is deemed null and void and of no legal force and effect.

(9) Each local government shall address in its comprehensive plan, as enumerated in this chapter, the water supply sources necessary to meet and achieve the existing and projected water use demand for the established planning period, considering the applicable plan developed pursuant to s. 373.709.

(10)(a) If a local government grants a development order pursuant to its adopted land development regulations and the order is not the subject of a pending appeal and the timeframe for filing an appeal has expired, the development order may not be invalidated by a subsequent judicial determination that such land development regulations, or any portion thereof that is relevant to the development order, are invalid because of a deficiency in the approval standards.

(b) This subsection does not preclude or affect the timely institution of any other remedy available at law or equity, including a common law writ of certiorari proceeding pursuant to Rule 9.190, Florida Rules of Appellate Procedure, or an original proceeding pursuant to s. 163.3215, as applicable.

History.—s. 4, ch. 75-257; s. 1, ch. 77-174; s. 3, ch. 85-55; s. 6, ch. 86-191; s. 1, ch. 87-338; s. 1, ch. 92-129; s. 5, ch. 93-206; s. 1, ch. 95-322; s. 23, ch. 96-410; s. 158, ch. 2003-261; s. 11, ch. 2004-5; s. 1, ch. 2004-37; s. 3, ch. 2004-372; s. 1, ch. 2004-381; s. 42, ch. 2010-102; s. 3, ch. 2010-205; s. 7, ch. 2011-139; s. 1, ch. 2012-99; s. 1, ch. 2013-115; s. 3, ch. 2013-213; s. 1, ch. 2014-178; s. 3, ch. 2019-165; s. 1, ch. 2021-195; s. 1, ch. 2021-206; s. 1, ch. 2023-305; s. 1, ch. 2024-234.

F.S. 163.3167 on Google Scholar

F.S. 163.3167 on CourtListener

Amendments to 163.3167

Annotations, Discussions, Cases:

Cases Citing Statute 163.3167

Total Results: 38

Southwest Ranches Homeowners Ass'n v. Broward County

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

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

Cited 31 times | Published

plans to guide future development and growth. § 163.3167(1). Once a comprehensive plan has been adopted

Snyder v. BOARD OF COUNTY COM'RS

595 So. 2d 65, 1991 WL 259950

District Court of Appeal of Florida | Filed: Dec 12, 1991 | Docket: 1299524

Cited 20 times | Published

COWART and HARRIS, JJ., concur. NOTES [1] See § 163.3167, Fla. Stat. [2] See § 163.3177(6)(a), Fla. Stat

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

in compliance is presumed to be correct." Section 163.3167(2) provides that the local government submit

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

partnership or both as the context requires. [2] See § 163.3167(2), Fla. Stat. (2000) ("Each local government

Battaglia Fruit Co. v. City of Maitland

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

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

Cited 15 times | Published

American Law of Zoning 3d (1986) § 27.20. [4] § 163.3167, Fla. Stat. (1985); Ord. 37-82 I-II; Borough

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

of property within a county or municipality. § 163.3167(1), Fla. Stat. (2005); Machado v. Musgrove, 519

Nassau County v. Willis

41 So. 3d 270, 2010 Fla. App. LEXIS 7662, 2010 WL 2196459

District Court of Appeal of Florida | Filed: Jun 3, 2010 | Docket: 2398876

Cited 8 times | Published

that conform to the requirements of Chapter 163. § 163.3167(2), Fla. Stat. (2009). A required element of

Equity Resources, Inc. v. County of Leon

643 So. 2d 1112, 1994 Fla. App. LEXIS 8696, 1994 WL 483476

District Court of Appeal of Florida | Filed: Sep 8, 1994 | Docket: 1493134

Cited 8 times | Published

ordinance were adopted in 1990 pursuant to section 163.3167, Florida Statutes. As noted by the hearing

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

Walton County Comprehensive Plan pursuant to Section 163.3167(8), Florida Statutes" for development rights

MacHado v. Musgrove

519 So. 2d 629, 1987 WL 494

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

Cited 7 times | Published

of property within a county or municipality. § 163.3167(1), Fla. Stat. (1985); Southwest Ranches Homeowners

Bay Point Club, Inc. v. Bay County

890 So. 2d 256

District Court of Appeal of Florida | Filed: Oct 25, 2004 | Docket: 1285978

Cited 6 times | Published

develop pursuant to the terms of the DRI vests. See § 163.3167(8), Fla. Stat. (2001). Vesting means development

M & H PROFIT, INC. v. City of Panama City

28 So. 3d 71, 2009 Fla. App. LEXIS 19475, 2009 WL 4756147

District Court of Appeal of Florida | Filed: Dec 14, 2009 | Docket: 1651922

Cited 5 times | Published

regulations. See Halls River, 8 So.3d at 420-21 (citing § 163.3167(1), Fla. Stat. (2005), and Machado v. Musgrove

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

(Fla. 3d DCA 1987) (citations omitted). See also § 163.3167, Fla. Stat. (2007). Once a comprehensive plan

Gardens Country Club, Inc. v. PALM BEACH CTY.

590 So. 2d 488, 1991 WL 254555

District Court of Appeal of Florida | Filed: Nov 27, 1991 | Docket: 458221

Cited 5 times | Published

of property within a county or municipality. § 163.3167(1), Fla. Stat. (1985); Southwest Ranches Homeowners

Citizens for Resp. Growth v. St. Pete Beach

940 So. 2d 1144, 2006 WL 2381941

District Court of Appeal of Florida | Filed: Aug 18, 2006 | Docket: 1524210

Cited 4 times | Published

but not limited to Florida Statutes [sic] Section 163.3167. This amendment shall become effective immediately

Villas of Lake Jackson, Ltd. v. Leon County

884 F. Supp. 1544, 1995 U.S. Dist. LEXIS 1725, 1995 WL 60734

District Court, N.D. Florida | Filed: Feb 10, 1995 | Docket: 934238

Cited 4 times | Published

County Comprehensive Land Use Plan pursuant to § 163.3167, Fla.Stat. The court further found that "the

Archstone Palmetto Park, LLC v. Kennedy

132 So. 3d 347, 2014 WL 305086, 2014 Fla. App. LEXIS 1017

District Court of Appeal of Florida | Filed: Jan 29, 2014 | Docket: 60238430

Cited 3 times | Published

appel-lees, which interpreted a 2012 amendment to section 163.3167(8), Florida Statutes, as requiring the City

City of Riviera Beach v. Riviera Beach Citizens Task Force

87 So. 3d 18, 2012 WL 1108509, 2012 Fla. App. LEXIS 5166

District Court of Appeal of Florida | Filed: Apr 4, 2012 | Docket: 60307955

Cited 2 times | Published

unconstitutional because it was in violation of section 163.3167(12), Florida Statutes, which prohibits a referendum

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

property within a county or municipality. See § 163.3167(1), Fla. Stat. (2004). A comprehensive plan acts

Martin County v. Section 28 Partnership, Ltd.

772 So. 2d 616, 2000 Fla. App. LEXIS 16226, 2000 WL 1816832

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 1434967

Cited 2 times | Published

plan to guide its future development and growth. § 163.3167(1)(b), Fla. Stat. (1997). Simply stated, this

Martin County v. Section 28 Partnership, Ltd.

772 So. 2d 616, 2000 Fla. App. LEXIS 16226, 2000 WL 1816832

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 1434967

Cited 2 times | Published

plan to guide its future development and growth. § 163.3167(1)(b), Fla. Stat. (1997). Simply stated, this

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

based on whether the amendment conflicted with section 163.3167(12), Florida Statutes, by purporting to use

Resolution Trust Corp. v. Mayor

633 So. 2d 1119, 1994 WL 57931

District Court of Appeal of Florida | Filed: Mar 1, 1994 | Docket: 1296632

Cited 1 times | Published

deny the extension, are vested pursuant to section 163.3167(8) and would not be subject to the proposed

López Torres v. Department of Transp.

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

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

Cited 1 times | Published

on its choice to relocate on the fact that section 163.3167(4) of the Florida Statutes (1983), requires

Samuel A. Osborne v. Walton County, Florida, a Political Subdivision of the State of Florida

District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69632236

Published

development that “has been authorized.” See § 163.3167(8), Fla. Stat. (2001). Proposed changes that

Mullen v. Bal Harbour Village

241 So. 3d 949

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

Published

Village asserted that Petition 82 violates section 163.3167(8)(a) of the Florida Statutes. We address

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

8 So.3d 413, 420 (Fla. 5th DCA 2009) (citing § 163.3167(1), Fla Stat. (2005); Machado v. Musgrove

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

should not be determined by popular vote. Section 163.3167(12) rightfully protects the small landowner

City of Lake Worth v. Save Our Neighborhood, Inc.

995 So. 2d 1002, 2008 Fla. App. LEXIS 16317, 2008 WL 4643800

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 64856914

Published

referendum process turned on interpretation of section 163.3167(12), Florida Statutes (2005), and its definition

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

amendment affects more than five parcels of land. See § 163.3167(12), Fla. Stat. (2004) (“An initiative or referendum

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

902 So. 2d 763, 30 Fla. L. Weekly Supp. 164, 2005 Fla. LEXIS 491, 2005 WL 610430

Supreme Court of Florida | Filed: Mar 17, 2005 | Docket: 64838462

Published

affects more than five parcels of land. : See § 163.3167(12), Fla. Stat. (2004) (“An initiative or referendum

Ago

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

Published

plan to meet the requirements of the act. Section 163.3167(2), F.S., as amended supra. And see, s.163

Orange County v. Gardner

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

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

Published

county in the state adopt a comprehensive plan. § 163.3167(2), Fla.Stat. (1975). Under the GMP, the subject

Ago

Florida Attorney General Reports | Filed: Dec 5, 1980 | Docket: 3257637

Published

certain statutory standards by July 1, 1979. Section 163.3167(2) and (3). Two 1-year extensions may be granted

Furnams v. Santa Rosa Island Authority

377 So. 2d 983, 1979 Fla. App. LEXIS 16197

District Court of Appeal of Florida | Filed: Nov 8, 1979 | Docket: 64573254

Published

are required to prepare and adopt plans. Section 163.-3167(2), (3), Florida Statutes (1977). Appel-lees

Ago

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

Published

Corp. v. Pattishall, 185 So. 333 (Fla. 1938). Section 163.3167, F. S., which provides the powers and responsibilities

Ago

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

Published

requirements of which are set forth in the act. Section 163.3167. See s. 163.3177, which sets forth the required

Ago

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

Published

well as protecting environmental quality. Section 163.3167(10), F. S., provides that: Nothing in