Florida Statute 163.3174 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 163
INTERGOVERNMENTAL PROGRAMS

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F.S. 163.3174

163.3174 Local planning agency.—

(1) The governing body of each local government, individually or in combination as provided in s. 163.3171, shall designate and by ordinance establish a “local planning agency,” unless the agency is otherwise established by law. Notwithstanding any special act to the contrary, all local planning agencies or equivalent agencies that first review rezoning and comprehensive plan amendments in each municipality and county shall include a representative of the school district appointed by the school board as a nonvoting member of the local planning agency or equivalent agency to attend those meetings at which the agency considers comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. However, this subsection does not prevent the governing body of the local government from granting voting status to the school board member. The governing body may designate itself as the local planning agency pursuant to this subsection with the addition of a nonvoting school board representative. All local planning agencies shall provide opportunities for involvement by applicable community college boards, which may be accomplished by formal representation, membership on technical advisory committees, or other appropriate means. The local planning agency shall prepare the comprehensive plan or plan amendment after hearings to be held after public notice and shall make recommendations to the governing body regarding the adoption or amendment of the plan. The agency may be a local planning commission, the planning department of the local government, or other instrumentality, including a countywide planning entity established by special act or a council of local government officials created pursuant to s. 163.02, provided the composition of the council is fairly representative of all the governing bodies in the county or planning area; however:

(a) If a joint planning entity is in existence on the effective date of this act which authorizes the governing bodies to adopt and enforce a land use plan effective throughout the joint planning area, that entity shall be the agency for those local governments until such time as the authority of the joint planning entity is modified by law.

(b) In the case of chartered counties, the planning responsibility between the county and the several municipalities therein shall be as stipulated in the charter.

(2) Nothing in this act shall prevent the governing body of a local government that participates in creating a local planning agency serving two or more jurisdictions from continuing or creating its own local planning agency. Any such governing body which continues or creates its own local planning agency may designate which local planning agency functions, powers, and duties will be performed by each such local planning agency.

(3) The governing body or bodies shall appropriate funds for salaries, fees, and expenses necessary in the conduct of the work of the local planning agency and shall also establish a schedule of fees to be charged by the agency. To accomplish the purposes and activities authorized by this act, the local planning agency, with the approval of the governing body or bodies and in accord with the fiscal practices thereof, may expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants, state or federal loans, and other sources; however, acceptance of loans must be approved by the governing bodies involved.

(4) The local planning agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the local planning agency shall:

(a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan. During the preparation of the plan or plan amendment and prior to any recommendation to the governing body, the local planning agency shall hold at least one public hearing, with public notice, on the proposed plan or plan amendment. The governing body in cooperation with the local planning agency may designate any agency, committee, department, or person to prepare the comprehensive plan or plan amendment, but final recommendation of the adoption of such plan or plan amendment to the governing body shall be the responsibility of the local planning agency.

(b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required, including the periodic evaluation and appraisal of the comprehensive plan required by s. 163.3191.

(c) Review proposed land development regulations, land development codes, or amendments thereto, and make recommendations to the governing body as to the consistency of the proposal with the adopted comprehensive plan, or element or portion thereof, when the local planning agency is serving as the land development regulation commission or the local government requires review by both the local planning agency and the land development regulation commission.

(d) Perform any other functions, duties, and responsibilities assigned to it by the governing body or by general or special law.

(5) All meetings of the local planning agency shall be public meetings, and agency records shall be public records.

History.—s. 6, ch. 75-257; s. 1, ch. 77-223; s. 5, ch. 85-55; s. 2, ch. 92-129; s. 9, ch. 95-310; s. 9, ch. 95-341; s. 1, ch. 2002-296; s. 10, ch. 2011-139; s. 2, ch. 2012-99.

F.S. 163.3174 on Google Scholar

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Amendments to 163.3174

Arrestable Offenses / Crimes under Fla. Stat. 163.3174

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 163.3174.

Annotations, Discussions, Cases:

Cases Citing Statute 163.3174

Total Results: 17

Wilson v. Palm Beach County

Court: District Court of Appeal of Florida | Date Filed: 2011-06-15

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

Snippet: management facilities...") (emphasis added); § 163.3174(6), Fla. Stat. (2004) ("If a joint planning entity

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

Snippet: effective in light of the language in section 163.3174, Florida Statutes, and whether section 100.371

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Court: Florida Attorney General Reports | Date Filed: 2006-04-19

Snippet: conformity with this act."4 As set forth in section 163.3174(4), Florida Statutes: "The local planning agency

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: preparing the comprehensive plan for that body. See §§ 163.3174(1); 163.3167(1), Fla. Stat. A county is authorized

J-II INVESTMENTS, INC. v. Leon County

Court: District Court of Appeal of Florida | Date Filed: 2005-08-11

Citation: 908 So. 2d 1140, 2005 WL 1902569

Snippet: management facilities ...") (emphasis added); § 163.3174(6), Fla. Stat. (2004) ("If a joint planning entity

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Court: Florida Attorney General Reports | Date Filed: 2003-05-13

Snippet: s.) The title to the 2002 act amending section 163.3174(1), Florida Statutes, states that the act requires

Lee County v. Lippi

Court: District Court of Appeal of Florida | Date Filed: 1997-05-09

Citation: 693 So. 2d 686, 1997 Fla. App. LEXIS 4980, 1997 WL 231497

Snippet: “local planning agency” as required by subsections 163.3174(4)(c) and 163.3194(2), Florida Statutes (1989)

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Court: Florida Attorney General Reports | Date Filed: 1992-10-15

Snippet: AGO's 85-84, 85-27, 85-17 and 84-55. 6 Compare, s. 163.3174(3), F.S., which authorizes the appropriation of

B & H Travel v. Dept of Com. Affairs

Court: District Court of Appeal of Florida | Date Filed: 1992-07-29

Citation: 602 So. 2d 1362, 1992 WL 176971

Snippet: and (c), Florida Administrative Code, section 163.3174, Florida Statutes, or various provisions of the

Metropolitan Dade County v. Timinsky

Court: District Court of Appeal of Florida | Date Filed: 1991-05-14

Citation: 579 So. 2d 356, 1991 Fla. App. LEXIS 4582, 1991 WL 82492

Snippet: authority in the area of a land use plan. See Section 163.3174(1)(b), Florida Statutes (1989). Consequently,

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Court: Florida Attorney General Reports | Date Filed: 1986-12-08

Snippet: the incorporated territory of the town. See, s.163.3174(1), F.S., providing that the governing body of

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

Snippet: provided for in its charter. (e.s.) See also, s. 163.3174(1)(b), F.S., providing that "[i]n the case of

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Court: Florida Attorney General Reports | Date Filed: 1986-04-28

Snippet: annulment of a previously existing law"). Moreover, s. 163.3174(1), F.S., provides that "[t]he governing body

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Court: Florida Attorney General Reports | Date Filed: 1985-07-31

Snippet: development regulations," respectively. See also, s. 163.3174, F.S., as amended by s. 5, Ch. 85-55, pertaining

City of Coconut Creek v. Broward Cty. Bd.

Court: District Court of Appeal of Florida | Date Filed: 1983-05-04

Citation: 430 So. 2d 959

Snippet: area of land use planning is contained in Section 163.3174(1)(b) of the Act which declares: In the case of

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

Snippet: the county and the several municipalities, s. 163.3174(1)(b), F. S., the remainder of s. 163.3161, et

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

Snippet: provided for in its charter"; and s. 6(1), id. (s. 163.3174(1), F.S.), authorizing local governing bodies