Florida Statute 163.3171 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 163
INTERGOVERNMENTAL PROGRAMS

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F.S. 163.3171

163.3171 Areas of authority under this act.—

(1) A municipality shall exercise authority under this act for the total area under its jurisdiction. Unincorporated areas adjacent to incorporated municipalities may be included in the area of municipal jurisdiction for the purposes of this act if the governing bodies of the municipality and the county in which the area is located agree on the boundaries of such additional areas, on procedures for joint action in the preparation and adoption of the comprehensive plan, on procedures for the administration of land development regulations or the land development code applicable thereto, and on the manner of representation on any joint body or instrument that may be created under the joint agreement. Such joint agreement shall be formally stated and approved in appropriate official action by the governing bodies involved.

(2) A county shall exercise authority under this act for the total unincorporated area under its jurisdiction or in such unincorporated areas as are not included in any joint agreement with municipalities established under the provisions of subsection (1). In the case of chartered counties, the county may exercise such authority over municipalities or districts within its boundaries as is provided for in its charter.

(3) Combinations of municipalities within a county, or counties, or an incorporated municipality or municipalities and a county or counties, or an incorporated municipality or municipalities and portions of a county or counties may jointly exercise the powers granted under the provisions of this act upon formal adoption of an official agreement by the governing bodies involved pursuant to law. No such official agreement shall be adopted by the governing bodies involved until a public hearing on the subject with public notice has been held by each governing body involved. The general administration of any joint agreement shall be governed by the provisions of s. 163.01 except that when there is conflict with this act the provisions of this act shall govern.

(4) Local governments may enter into agreements with each other and with a landowner, developer, or governmental agency as may be necessary or desirable to effectuate the provisions and purposes of ss. 163.3177(6)(h), 163.3245, and 163.3248. It is the Legislature’s intent that joint agreements entered into under the authority of this section be liberally, broadly, and flexibly construed to facilitate intergovernmental cooperation between cities and counties and to encourage planning in advance of jurisdictional changes. Joint agreements, executed before or after June 2, 2011, include, but are not limited to, agreements that contemplate municipal adoption of plans or plan amendments for lands in advance of annexation of such lands into the municipality, and may permit municipalities and counties to exercise nonexclusive extrajurisdictional authority within incorporated and unincorporated areas. The state land planning agency may not interpret, invalidate, or declare inoperative such joint agreements, and the validity of joint agreements may not be a basis for finding plans or plan amendments not in compliance pursuant to chapter law.

History.—s. 5, ch. 75-257; s. 4, ch. 85-55; s. 8, ch. 95-310; s. 1, ch. 96-416; s. 3, ch. 98-176; ss. 9, 80, ch. 2011-139.

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Amendments to 163.3171

Arrestable Offenses / Crimes under Fla. Stat. 163.3171

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 163.3171.

Annotations, Discussions, Cases:

Cases Citing Statute 163.3171

Total Results: 12

Ago

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

Snippet: stipulated in the charter."7 Further, section 163.3171(2), Florida Statutes, which prescribes areas of

Seminole County v. City of Winter Springs

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

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

Snippet: boundaries as is provided for in its charter." § 163.3171(2), Fla. Stat. (2005). In summary, Florida's Constitution

St. Johns Committee v. St. Augustine

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

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

Snippet: unincorporated *578 area under its jurisdiction. See § 163.3171(2), Fla. Stat. A municipality is authorized to

Alachua County v. Florida Rock Industries, Inc.

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

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

Snippet: to enact comprehensive land-use plans, section 163.3171, Florida Statutes (1999), provides in subsection

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

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

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

Snippet: department's conclusion is in conflict with sections 163.3171 and 163.3177, Florida Statutes. It further argues

Ago

Court: Florida Attorney General Reports | Date Filed: 1986-05-06

Snippet: and land use regulations, subsection (1) of s. 163.3171, F.S., in relevant part, provides: "A municipality

Ago

Court: Florida Attorney General Reports | Date Filed: 1985-11-14

Snippet: adopted in conformity with this act. (e.s.) Section 163.3171(2), as amended by s. 4, Ch. 85-55, Laws of Florida

Pinellas County v. City of Gulfport

Court: District Court of Appeal of Florida | Date Filed: 1984-11-14

Citation: 458 So. 2d 436, 9 Fla. L. Weekly 2427, 1984 Fla. App. LEXIS 16529

Snippet: municipality, or by both entities acting together. § 163.3171, Fla.Stat. (1981). Unless the municipalities and

Ago

Court: Florida Attorney General Reports | Date Filed: 1983-03-07

Snippet: established under the provisions of subsection (1) of s 163.3171, F.S. See, s163.3171(2), F.S. For the purposes

City of Opa-Locka v. Dade County

Court: District Court of Appeal of Florida | Date Filed: 1980-06-17

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

Snippet: the total area under its jurisdiction (Section 163.-3171, Florida Statutes), which necessarily excludes

Ago

Court: Florida Attorney General Reports | Date Filed: 1977-01-25

Snippet: boundaries as is provided for in its charter,' s. 163.3171(2), F. S., and permits the charter to control

Ago

Court: Florida Attorney General Reports | Date Filed: 1975-11-14

Snippet: nonchartered counties. See s. 5(2), Ch. 75-257, supra (s. 163.3171(2), F.S.), providing that in chartered counties