Florida Statutes
Fla. Stat. § 163.3171 (2025)
Areas of authority under this act.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 5
cases, 1984–2006 · leading case: Alachua Cnty. v. Florida Rock Indus., Inc., 834 So. 2d 370 (Fla. 1st DCA 2003).
Alachua Cnty. v. Florida Rock Indus., Inc., 834 So. 2d 370 (Fla. 1st DCA 2003). “Within the Local Government Comprehensive Planning and Land Development Regulation Act, [5] which authorizes local governments to enact comprehensive land-use plans, section 163.3171, Florida Statutes (1999), provides in subsection (1) that a municipality shall exercise…”
1000 Friends of Florida, Inc. v. Dep't of Cmty. Affairs, 824 So. 2d 989 (Fla. 4th DCA 2002). “However, we note that the inter-local agreements are ultimately subject to requirements for notice and public hearings by both city and county, see § 163.3171, Fla. Stat. (2000), and the requirement that procedures established in the plan amendments be followed.”
Pinellas Cnty. v. City of Gulfport, 458 So. 2d 436 (Fla. 2d DCA 1984). “§ 163.3171, Fla.Stat. (1981). Unless the municipalities and county combine so as to jointly exercise their powers under the LGCPA, the county controls only the unincorporated areas and the municipality controls only the land incorporated into the municipality.”
Seminole Cnty. v. City of Winter Springs, 935 So. 2d 521 (Fla. 5th DCA 2006). “When it comes to charter counties and municipalities within those counties, the Constitution expressly grants the electorate a right to determine by charter which government they desire to vest with preemptive regulatory power.”
St. Johns Comm. v. St. Augustine, 909 So. 2d 575 (Fla. 5th DCA 2005). “See § 163.3171(1), Fla. Stat. Counties and municipalities may enter into agreements to exercise joint powers under the Act by formal adoption of an official agreement.”
— 163.3171(1) — 1 case
St. Johns Comm. v. St. Augustine, 909 So. 2d 575 (Fla. 5th DCA 2005). “See § 163.3171(1), Fla. Stat. Counties and municipalities may enter into agreements to exercise joint powers under the Act by formal adoption of an official agreement.”
— 163.3171(1)(2) — 1 case
Pinellas Cnty. v. City of Gulfport, 458 So. 2d 436 (Fla. 2d DCA 1984). “§ 163.3171, Fla.Stat. (1981). Unless the municipalities and county combine so as to jointly exercise their powers under the LGCPA, the county controls only the unincorporated areas and the municipality controls only the land incorporated into the municipality.”
— 163.3171(2) — 2 cases
Seminole Cnty. v. City of Winter Springs, 935 So. 2d 521 (Fla. 5th DCA 2006). “When it comes to charter counties and municipalities within those counties, the Constitution expressly grants the electorate a right to determine by charter which government they desire to vest with preemptive regulatory power.”
St. Johns Comm. v. St. Augustine, 909 So. 2d 575 (Fla. 5th DCA 2005). “See § 163.3171(1), Fla. Stat. Counties and municipalities may enter into agreements to exercise joint powers under the Act by formal adoption of an official agreement.”
— 163.3171(3) — 2 cases
1000 Friends of Florida, Inc. v. Dep't of Cmty. Affairs, 824 So. 2d 989 (Fla. 4th DCA 2002). “However, we note that the inter-local agreements are ultimately subject to requirements for notice and public hearings by both city and county, see § 163.3171, Fla. Stat. (2000), and the requirement that procedures established in the plan amendments be followed.”
St. Johns Comm. v. St. Augustine, 909 So. 2d 575 (Fla. 5th DCA 2005). “See § 163.3171(1), Fla. Stat. Counties and municipalities may enter into agreements to exercise joint powers under the Act by formal adoption of an official agreement.”
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