Florida/Georgia Personal Injury & Workers Compensation

...nt of Community Affairs. The adopted local plan must include "principles, guidelines, and standards for the orderly and balanced future economic, social, physical, environmental, and fiscal development" of the local government's jurisdictional area. Section 163.3177(1), Fla....

...ically; conservation; recreation and open space; housing; traffic circulation; intergovernmental coordination; coastal management (for local government in the coastal zone); and mass transit (for local jurisdictions with 50,000 or more people). Id., § 163.3177(6)....

...a future land use map and goals, policies, and measurable objectives to guide future land use decisions. This plan element must designate the "proposed future general distribution, location, and extent of the uses of land" for various purposes. Id., § 163.3177(6)(a)....

...In addition, the future land use plan must be based on adequate data and analysis concerning the local jurisdiction, including the projected population, the amount of land needed to accommodate the estimated population, the availability of public services and facilities, and the character of undeveloped land. Id., § 163.3177(6)(a)....

...e selecting between conflicting goals and priorities. This case presents a classic example. There can be no question that the legislature regards the Biscayne Aquifer, which underlies the land in question, to be a crucial environmental resource; see section 163.3177(6)(c), providing that this area "shall be given special consideration when the local government is engaged in zoning or considering future land use for said designated areas." However, we are satisfied that the trial court properly f...

...s." § 163.3161(3), Fla. Stat. (1987). Under the provisions of the act, each comprehensive plan must include a future land use plan element, encompassing a conservation plan, and designating "historically significant properties meriting protection." § 163.3177(6)(a), Fla....

...st with respect to any of the affected property. In summary, we conclude that the challenged amendments and regulations are not facially unconstitutional, and that the amendments and regulations properly address conservation concerns, as mandated by section 163.3177(6)(d), Florida Statutes (1987)....

...Plan's Primary Urban Service District (PUSD). Although up to two units per acre were allowed in the PUSD under the Plan, the future land use map, a component of the Plan, restricted this 900-acre tract to only one residential unit per two acres. See § 163.3177(6)(a), Fla....

...In furtherance of these goals, the Act requires each local government to adopt a comprehensive plan to prescribe the "principles, guidelines, and standards for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the area." § 163.3177(1), Fla....

...(1989); see Snyder II, at 475 (stating that a comprehensive plan is intended to provide for the future use of land, which contemplates a gradual and ordered growth). A comprehensive plan includes several elements including a future land use element. See § 163.3177, Fla....

...a future land use map and goals, policies, and measurable objectives to guide future land use decisions. This plan element must designate the "proposed future general distribution, location, and extent of the uses of land" for various purposes. Id., § 163.3177(6)(a)....

...In addition, the future land use plan must be based on adequate data and analysis concerning the local jurisdiction, including the projected population, the amount of land needed to accommodate the estimated population, the availability of public services and facilities, and the character of undeveloped land. Id., § 163.3177(6)(a)....

...gs consistent with this opinion. The Petition for Certiorari is granted but the writ is withheld pending compliance with this opinion. PETITION GRANTED. GOSHORN, C.J., and COWART and HARRIS, JJ., concur. NOTES [1] See § 163.3167, Fla. Stat. [2] See § 163.3177(6)(a), Fla. Stat. [3] § 163.3177(6)(a), Fla. Stat. [4] § 163.3177(5), Fla....

...[Emphasis added] of the provisions of the zoning ordinance and that provisions upheld against a general attack "if attacked separately, might not withstand the test of constitutionality." 47 S.Ct. at 121. [32] See Standard Oil Co. v. City of Tallahassee, 183 F.2d 410, 414 (5th Cir.1950) (Hutcheson dissenting). [33] See section 163.3177(6)(a), Florida Statutes....

...d degrees of densities and intensities of use, standards, factors (elements) to be considered, procedures and the proposed distribution, location and extent of various categories of land use shown on general comprehensive planning land use maps, see section 163.3177(5) and (6)(a), Florida Statutes....

...Indeed, ambiguity in such plans would frustrate one of the cardinal purposes behind their creation: to provide "materials in such descriptive form ... as may be appropriate to the prescription of principles, guidelines, and standards for the orderly and balanced future ... development of the area. " § 163.3177(1), Fla....

...e uses of land." Without a comprehensive map or plan as a part of its policy, it is doubtful that Orange County would be in compliance with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act (Ch. 163) § 163.3177....

...Dade County and the applicant describe the plant nursery as a commercial use. Both the Planning Director and Zoning Director treat it as consistent with an agricultural use. [2] That the land use plan does restrict local zoning power becomes increasingly clear with each legislative session. Section 163.3177(6), Florida Statutes (1985), requires that the future land use map designate the exact location and extent of all proposed commercial uses. Sections 163.3167, 163.3177, and 163.3184, Florida Statutes (Supp....

...y estopped to enforce Ord. 78-8 or to re-zone their property to prohibit multi-family development. During the period from 1978 through early 1979 the county was seeking funding in order to comply with the Local Government Comprehensive Planning Act, section 163.3177 et seq., Florida Statutes (1975)....

...and building and structure intensities. The proposed distribution, location, and extent of the various categories of land use shall be shown on a land use map or map series which shall be supplemented by goals, policies, and measurable objectives." § 163.3177(6)(a), Fla....

...ater, water recharge areas, wetlands, waterwells, estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat, minerals, and other natural and environmental resources. . . ." § 163.3177(6)(d), Fla....

...states: The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. [19] See § 163.3177, Fla. Stat. (Supp.1996). [20] See § 163.3177(6), Fla. Stat. (Supp.1996). [21] § 163.3177(6)(a), Fla. Stat. (Supp.1996). [22] § 163.3177(6)(a), Fla. Stat. (Supp.1996). [23] See § 163.3177(2), Fla....

...Wynn. The evidence further established that the City will not rezone the property for commercial uses, since such a change of zoning would not comply with the Plan. [1] In their complaint for declaratory and injunctive relief, appellees relied upon section 163.3177(2), Florida Statutes, [2] and section 163.3194(4)(a), Florida Statutes. Appellees point to two passages in particular: "The several elements of the comprehensive plan shall be consistent, and the comprehensive plan shall be economically feasible." § 163.3177(2), Fla....

...In 1980, the Florida Legislature amended Chapter 163, Florida Statutes, mandating that local governments amend the housing element in their respective Comprehensive Plans to provide for group home and foster care facilities. Ch. 80-154, § 1, Laws of Fla. (now codified at § 163.3177(6)(f)4, Florida Statutes (1989))....

...Florida further protects these sacrosanct private property rights when evaluating a comprehensive development plan. Florida zoning law requires that a governmental agency, such as the City, adopt a plan that coordinates with the state's plan. *421 See § 163.3177(6)(h), Fla....

...In this act, the legislature required each Florida local government to adopt a comprehensive plan that prescribes "principles, guidelines and standards for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the area." § 163.3177(1), Fla. Stat. (2005). A comprehensive plan must include several elements, section 163.3177(2), including "a capital improvement element designed to consider the need for and the location of public facilities in order to encourage the efficient utilization of such facilities. . . ." § 163.3177(3)(a). Among other things, the capital improvement element must set forth a plan covering at least a five-year period "which outlines principles for construction, extension or increase in capacity of public facilities . . .," section 163.3177(3)(a)(1), and a schedule of capital improvements "which includes publicly funded projects, and which may include privately funded projects . . ., necessary to ensure that adopted level-of-service standards are achieved and maintained." § 163.3177(3)(a)(5). The capital improvements element is required to be reviewed on an annual basis and modified by ordinance to maintain a financially feasible five-year schedule of capital improvements. § 163.3177(3)(b)(1). A copy of any ordinance modifying the element is required to be transmitted to the state land planning agency. Id. In section 163.3177(10)(h), the legislature created what has become known as a concurrency requirement....

...proportions, it is hereby declared to be in the public interest that the Legislature make provision for publicly financed beach nourishment and restoration and erosion control projects... . [14] §§ 161.052(2)(b), 161.053(4), Fla. Stat. (1979). See § 163.3177(6)(d), (f) and (g), Fla....

...Leib v. Hillsborough County Pub. Transp. Comm’n, Case No. 8:07-cv-01598-T-24-TGW, 2008 WL 2686610 , *3 (M.D.Fla. June 27, 2008). Pursuant to Florida law, local governments are authorized to adopt optional plan elements to its comprehensive plan. See § 163.3177(l)(a), Fla....

...nly be made when a county has acted upon an application for development approval. Palm Beach County's comprehensive plan was adopted pursuant to the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act. [1] Section 163.3177(6)(b), Florida Statutes (1991), requires the comprehensive plan to contain "[a] traffic circulation element consisting of the types, locations, and extent of existing and proposed major thoroughfares and transportation routes." See Department of Transp....

...1988) (comprehensive plans are required to address the issue of existing and proposed transportation routes). Palm Beach County was further required by Florida Administrative Code Rule 9J-5.007(3)(b)(4) and (c)(4), promulgated by the Department of Community Affairs and approved by the legislature in section 163.3177(10), Florida Statutes (1991), to place measures in the comprehensive plan to protect existing and future rights-of-way from building encroachments and to preserve and acquire existing and future rights-of-way....

...operty owners. City of Miami v. Romer, 58 So.2d 849 (Fla. 1952). Furthermore, the owners most likely to benefit from planned road construction are those whose properties are adjacent to transportation corridors. Under the concurrency requirements of section 163.3177(10)(h), Florida Statutes (1991), development will be curtailed unless roads are available to accommodate the impact of such development....

...ty commission record and neither objected. Under the circumstances, any objection to the introduction of material outside the record was waived by both parties. [7] The City of Alachua's comprehensive plan, dated 1981, apparently fails to conform to section 163.3177(6)(a), which requires that a comprehensive plan shall include: a future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry,...

...The Department rejected this exception in its final order, which adopted the ALJ's findings of fact and conclusions of law. On appeal, appellants argue, as they did before the Department, that the NRPAs, as designated in the interim amendments, do not comply with section 163.3177(6)(a), Florida Statutes (1999)....

...the NRPA's boundaries do not require further expansion to protect the Florida panther, as the ALJ found and as the Department accepted in its final order. Turning to the first issue, appellants rely primarily on the following emphasized language in section 163.3177(6), which provides, in pertinent part: (6) In addition to the requirements of subsections (1)-(5), the comprehensive plan shall include the following elements: (a) A future land use plan element designating proposed future general di...

...Moreover, because buildings and structures are incompatible with the agricultural use of land, there is no corresponding necessity for imposing an intensity standard on a land use designated agricultural within the NRPAs. In that the legislature delegated to the Department the power to enforce section 163.3177, we note that we are required to be highly deferential to the agency's interpretation of such statute....

...charged with its regulation unless the construction is "clearly erroneous." PW Ventures, Inc. v. Nichols, 533 So.2d 281, 283 (Fla.1988). Accord Miles v. Fla. A & M Univ., 813 So.2d 242 (Fla. 1st DCA 2002). The interpretation the Department has given section 163.3177(6)(a) is not clearly erroneous....

...n intensity-of-use standard, an established statutory maxim emphasizes that all parts of a statute should be given effect in order to achieve a harmonious whole. See State v. Knight, 98 Fla. 891, 124 So. 461 (1929). Not only do the provisions within section 163.3177(6)(a) undergird the Department's interpretation that an agricultural use of land is excluded from an intensity review, but other pertinent statutes do as well. Section 163.3177 is included within the Local Government Comprehensive Planning and Land Development Regulation Act....

...review in accordance with the legislative mandate that a submitted plan comply with the Act's overarching concern that future development be subjected to objective standards of guidance and control. To that end, the appropriate land use elements of section 163.3177 are required to be set out in the local comprehensive plans. The reference made to an agricultural use in the first sentence of section 163.3177(6)(a) and the requirement in the fourth sentence thereof that each land use category include "specific standards for the density or intensity of use" must be understood in conjunction with the language contained within the subsection...

...ure intensities." The latter provision is entirely consistent with the stated legislative intent in creating the Act: to provide for orderly future development without endangering the state's natural resources. Although the pertinent language within 163.3177(6)(a), considered as a whole, furnishes adequate support for the Department's interpretation, other relevant provisions in the Act substantially strengthen our conclusion that not only is the Department's construction of the statute not clea...

...It is obvious to us that if a land use can be excluded from review under chapter 380 because it does not meet the definition of a development, a use not involving development need not be reviewed for its intensity under chapter 163. For the above reasons, the interpretation the Department placed on section 163.3177(6)(a) is not clearly erroneous....

...The interim amendments provide, consistent with the final order, that only agricultural and directly related uses, and one single family dwelling unit per parcel or lot, are permitted in NRPAs. Thus, the comprehensive plan, as amended, does provide a standard regarding the "extent of the uses of land," as required by section 163.3177(6)(a), and appellants have failed to show that the Department was obliged to require an intensity standard in order to certify the interim amendments in compliance with law....

...We also reject appellants' argument that the Department's rule 9J-5.003(60) requires that an intensity standard be applied to all designated land uses, contrary to the agency's non-rule interpretation. The rule's broad language does not establish that the Department has erroneously interpreted section 163.3177....

...ngs that it is fairly debatable that the NRPAs' boundaries, as established by the interim amendments to Collier County's comprehensive plan, were reasonable. I conclude, however, that the interim plan amendment fails to comply with the provisions of section 163.3177(6)(a), Florida Statutes (1999), which require that the plan define the agriculture land use category, among other things, by "specific standards for the density or intensity of use." Thus, I respectfully dissent to the affirmance as to this issue....

...Accordingly, there is no requirement that a local government adopt in the text of its plan an intensity standard for agricultural activities.... Such a requirement would restrict agricultural activities, a result that is contrary to the legislative intent reflected in the agricultural use exemption. In the first sentence of section 163.3177(6)(a), the legislature has provided that the comprehensive land use plan set forth the "proposed future distribution, location, and extent of uses of land." This sentence then lists numerous possible designated land use categories, including agricultural....

...The fourth sentence of the same subsection (6)(a) further provides that "[e]ach land use category shall be defined in terms of the types of uses included and specific standards for the density or intensity of use." Thus, from these provisions, it seems clear that in subsection 163.3177(6)(a) the legislature is requiring that the comprehensive plan address the intensity of land use regardless of the category of use....

...[6] *207 Thus, the exclusion of agricultural use from the definition of "development" does not govern whether agricultural use is included in the concept of "land use." Nothing in the Act suggests that agricultural use is excluded from the concept of "land use;" and I can read the plain and unambiguous language of section 163.3177(6)(a) only to include agricultural use within the coverage of this section. The majority opinion reasons that the second sentence of subsection (6)(a) of section 163.3177 limits the application of "intensity" to buildings and structures, and to no other land use....

...The sentence in question states, as follows: The future land use plan shall include standards to be followed in the control and distribution of population densities and building and structure intensities. (Emphasis added). By reading this sentence to limit the concept of "intensity" under section 163.3177(6)(a) to building and structure intensities, however, the more general intensity requirements of the fourth sentence of subsection (6)(a) are rendered superfluous....

...e of or demand on facilities and services." (Emphasis added). By defining "intensity" to include "the use of or demand upon natural resources," in Rule 9J-5.003(60), the Department makes clear that it interprets the concept of "intensity" as used in section 163.3177(6)(a) not to be limited to population densities and buildings and structure intensity....

...enforcing is entitled to great deference." Verizon Florida, Inc. v. Jacobs, 810 So.2d 906, (Fla.2002). But to which Department interpretation do we *208 defer? Here, in the order on review the Department has interpreted the meaning of "intensity" in section 163.3177(6)(a) in a manner that conflicts with the Department's own definition of that term in its rules....

...ts discretion in a manner inconsistent with that agency's rules, we are mandated to remand a case to the agency for further proceedings. Because I conclude that the Department's order before us approves a comprehensive plan that fails to comply with section 163.3177(6)(a), I would reverse....

...In 1985, the legislature passed the Local Government Comprehensive Planning and Land Development Regulation Act, (the Act), Chapter 163, part II, Florida Statutes, which requires local governments to adopt local comprehensive plans to guide and control future land development. Section 163.3177(9) required the Department of Community Affairs (DCA) to adopt, by rule, "minimum criteria for the review and determination of compliance" of local comprehensive plans....

...ction 187.201, Florida Statutes, which adopts the state comprehensive plan. Chapter 9J-5 was required to be submitted to the legislature before it could become effective. Accordingly, the 1986 legislature reviewed Chapter 9J-5, and thereafter passed Section 163.3177(10)(k) which provides in pertinent part: It is the intent of the Legislature that there should be no doubt as to the legal standing of Chapter 9J-5, F.A.C., at the close of the 1986 legislative session......

...A makes rules defining "urban sprawl" and adopts criteria explicating how DCA will apply the definition to individual plans. Home Builders' challenge was similar, but their petition also contained a direct challenge to the urban sprawl rules despite Section 163.3177(10)(k), because according to Home Builders, these rules have been amended by the adoption of nonrule policies and rule challenges to amendments to 9J-5 are permitted....

...Having found, based upon competent substantial evidence, that in fact DCA was not imposing invalid nonrule policies in interpreting and applying the urban sprawl rules, the hearing officer concluded, and we agree, that it was not necessary to address the applicability of Section 163.3177(10)(k) to Home Builders' petition....

...trate standing. See Southeast Volusia Hospital District v. State Department of Insurance, 432 So.2d 592, 598 (Fla. 1st DCA), reversed on other grounds, 438 So.2d 815 (Fla. 1983). [4] We make no comment on the hearing officer's gratutious remark that Section 163.3177(10)(k) deprives DOAH of jurisdiction over any Section 120.56 challenge to the urban sprawl rules themselves.

...I would reverse the trial court's order finding that the county's thoroughfare map is facially unconstitutional. In my judgment, Joint Ventures Inc. v. Department of Transportation, 563 So.2d 622 (Fla. 1990) is not controlling. The map was adopted incident to comprehensive planning in accordance with section 163.3177(6)(b), Florida Statutes....

...ctives of this act; to protect human, environmental, social, and economic resources; and to maintain, through orderly growth and development, the character and stability of present and future land use and development in this state. (Emphasis added). Section 163.3177(2) provides in pertinent part that “[t]he several elements of the comprehensive plan shall be consistent, and the comprehensive plan shall be financially feasible ...” Additionally, section 163.3177(6), provides that the comprehensive plan shall include certain elements, including: (a) A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, c...

...The FLUM is a pictorial depiction of the future land use element and is supplemented by written "goals, policies, and measurable objectives." The FLUM must be internally consistent with the other elements of the comprehensive plan. Coastal Dev., 788 So.2d at 208 (citing, in nn. 20-21, § 163.3177(6)(a), (7), Fla....

...In this appeal, we are asked to review the Department of Community Affairs' final order which approved the hearing officer's determination that the Town's plan is in compliance with the Act. To be "in compliance," a plan must be consistent with: (1) the requirements of sections 163.3177 (identifying required and optional plan elements), 163.3178 (identifying requirements of plans with a coastal management element), and 163.3191 (identifying ongoing reporting requirements); (2) the state comprehensive plan and appropriate re...

...rwise. We note that, in determining whether the plan is "consistent with" rule 9J-5 so as to be in compliance as defined in section 163.3184(1)(b), the hearing officer made use of the definition of "consistency" and the consistency analysis found in section 163.3177(10)(a)....

...County Land Use Map (Series). The County Commission adopted the comprehensive plan that included this map and submitted it to the Department. In April 1989, the Department issued a Notice of Intent to find the Plan in compliance *1215 with sections 163.3177, 163.3178, and 163.3191, Florida Statutes (1989); Rule 9J-5, Florida Administrative Code; the State Comprehensive Plan; and the South Florida Regional Policy Plan....

...ands in S.W. Broward by 1990. The Department acted within its discretion in accepting this map and policy statement as complying with the Act. The Act simply requires that future land use element of the plan "generally identify and depict" wetlands, § 163.3177(6)(d), and it is fairly debatable that the wetlands map in the Plan at issue along with the policy statement that the map will be supplemented by 1990 to reflect all wetlands complies with this requirement....

...doption study of wetlands in the County and to supplement the map, was reasonable and sensible under the circumstances. In light of the statutory and rule provisions expressly stating that local governments are not required to collect original data, § 163.3177(10)(e), Fla. Stat.; Rule 9J-5.005(2)(b), Fla. Admin. Code, and providing that support data is not subject to the compliance review process, § 163.3177(10)(e), Fla....

...rtain existing data and for Broward County's inability to obtain additional reliable data in a timely manner. Environmental Coalition has not contended that the data relied upon was not based upon a professionally-accepted methodology as required by section 163.3177(10)(e)....

...e policies governing municipal annexation, chapters 163 and 171, Florida Statutes, respectively. In addition, appellants specifically challenge the City's amendment to its intergovernmental coordination element, arguing that it failed to comply with section 163.3177(6)(h)1.a., as required, and the City's inclusion of a Future Annexation Area Map in its plan, contending that the map is not supported by adequate data and analysis....

...3 or chapter 9J-5 and, thus, may be upheld. We respectfully disagree. The first issue that must be addressed is whether the map is, in fact, an amendment to the comprehensive plan since amendments must be supported by adequate data and analysis. See § 163.3177(8), Fla....

...s with respect to planning for water management and conservation, sufficient to give them an interest in any activity of the state or of the agencies of the state as may appear to affect those duties and responsibilities. See, e.g. §§ 163.3161(3), 163.3177(6)(d), 373.196(1), (2) and (3), Fla....

...sumptive use permits, section 373.219, Florida Statutes (1983), the counties are required by statute to make plans for and carry out local efforts to conserve and manage the water resources within their boundaries. § 163.3161(3), Fla. Stat. (1983); § 163.3177(6)(d), Fla....

...y the Department of Community Affairs for review of local government comprehensive plans, makes it clear that the word "traffic," when used alone in a municipality's comprehensive plan, applies only to land-based traffic and not to boat traffic. See § 163.3177, Fla....

...from the definition of development. See §§ 163.3215(1), 163.3164, 380.04(3)(b). The appellants contend instead that they have standing to contest the project because it is a "public facility" within the meaning of section 163.3164(24), and, under section 163.3177(6)(a), a "public facility" must be included in the comprehensive plan....

...The first sentence of the ballot summary in this case is misleading also because it focuses the voter on “scenic beauty” and “natural resources,” while local comprehensive plans include multiple components, many of which do not involve strictly environmental or aesthetic considerations. Section 163.3177(6)-(7), Florida Statutes (2004), sets out the required and optional elements of comprehensive plans, which include: a capital improvement element; a future land-use plan element; a traffic circulation element (which may include a mas...

...he should have realized that whatever flexibility the governing authorities may have formerly enjoyed in granting variances from zoning ordinances, such powers have since been drastically curtailed following the adoption of the act. [8] For example, section 163.3177(6)(a) thereof requires a comprehensive plan to designate, inter alia, the "extent of the uses of land for residential uses, commercial uses, industry, agriculture [.]" (Emphasis added.) Additionally, after a comprehensive plan has be...

...,” sections 163.3161, 163.3164-163.3217, Florida Statutes (2005), they are not misleading. 3 The Act does not provide a descriptive definition of a “comprehensive plan,” but instead defines the term as “a plan that meets the requirements of ss. 163.3177 and 163.3178.” § 163.3164(4), Fla....

...deal with public schools. See ch.2005-290, §§ 1-8, Laws of Fla. Prior to these amendments, local governments had the option of including in their comprehensive plans a public school facilities element to implement a school concurrency program. See § 163.3177(12), Fla. Stat. (2004) ("A public school facilities ele *504 ment adopted to implement a school concurrency program shall meet the requirements of this subsection.”). Public school facilities elements are now required. See § 163.3177(12), Fla....

...(2005) ("Each county and each municipality within the county, unless exempt or subject to a waiver, must adopt a public school facilities element that is consistent with those adopted by the other local governments within the county....”). All local governments must now also execute public school interlocal agreements. See § 163.3177(6)(h)(4)(a), Fla. Stat. (2005) ("Local governments must execute an interlocal agreement with the district school board, the county, and nonexempt municipalities pursuant to s. 163.31777.”). The adoption of the public school facilities element and the required updates to public school interlocal agreements must be complete by December 1, 2008. See § 163.3177(12)(i), Fla....

...We agree with ITID that the reasonably foreseeable future operational and planning consequences of the County's CLUP amendment give it standing to pursue this appeal. ITID primarily attacks the amendment as lacking appropriate data to support it. See § 163.3177(8), Fla....

...e county, the law does not require "that all joint policy making be reflected in the comprehensive plans." Friends, an independent citizens organization, asserts, inter alia, that the department's conclusion is in conflict with sections 163.3171 and 163.3177, Florida Statutes....

...planning function, the department's order circumvents the protection afforded by procedures for amending comprehensive plans and results in the loss of the protection of public and state oversight and sufficient public participation in the process. Section 163.3177(6)(h)(1)(a), Florida Statutes, directs that local governments amend the intergovernmental coordination elements of their comprehensive plans to "provide for procedures to identify and implement joint planning areas, especially for the purpose of annexation ...." Clearly, section 163.3177(6)(h)(1)(a) requires that the plan amendments include procedures to implement joint planning areas....

...However, nothing in the statute mandates that all annexation planning agreements be by comprehensive plan amendment rather than through joint planning agreements. We also find no support in the statute for Friends' contention that the legislature intended section 163.3177(6)(h)(1)(a) be given priority over chapter 171....

...f this act upon formal adoption of an official agreement ...." We have considered Department of Community Affairs v. Collier County, DOAH Case No. 98-0324GM (Final Order June 22, 1999), and deem it distinguishable. There, the applicable provision in section 163.3177 mandated that the future land use element "must clearly identify the land use categories in which public schools are an allowable use." The plain meaning of this language, as asserted by the department in that case, is that those land use categories must be spelled out in the plan....

...uirements 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. Friends also asserts that the department erroneously interprets section 163.3177(6)(h)(1)(a) in recognizing that future annexation is not limited to an existing joint planning area incorporated in the plan....

...the County’s comprehensive plan. I. BACKGROUND As part of its comprehensive plan, Pasco County was required to adopt a future land use plan that designated the proposed future general distribution, location, and extent of countywide land uses. See § 163.3177(6)(a), Fla....

...Factual and Procedural Background In Florida, each county must adopt a comprehensive plan for future development and growth, see sections 163.3164-.3215, Florida Statutes (2006), and obtain the approval of the Department of Community Affairs (DCA) with respect to its plan. See § 163.3177, Fla....

...sons under section 163.3215(1). The evidence reveals that the additional housing provided by the new dormitory would increase the population density of the camp by 28% and increase the intensity of the use of the structures at the camp. We note that section 163.3177(6)(a), Florida Statutes (2001), requires every comprehensive plan to contain "standards to be followed in the control and distribution of population densities, and building and structure intensities," with each land use category bein...

...Under Florida’s Community Planning Act, 3 county and municipal governments must develop comprehensive plans, approved by the State, that outline their respective “principles, guidelines, standards, and strategies” for land development in the future. § 163.3177(1), Fla. Stat....

...elements required to be in a comprehensive plan (summarized earlier), we see that there is no practical way to limit a consistency review to just a few elements and still remain true to the expansive and non-modular approach to consistency found in section 163.3194(3)(a). See § 163.3177, Fla....

of the County’s plan was inconsistent with section 163.3177(6)(g) and Rule 9J-5.012; and (3) the plan

...l handicapped facilities would be provided for the events. The Wilsons applied for a development permit for their proposed development project and received a development order. [2] The land use element is a specific part of a comprehensive plan. See § 163.3177, Fla....

...Section 163.3215(3) permits only a challenge to a county board action, "which materially alters the use or density or intensity of use on a particular piece of property which is not consistent with the comprehensive plan." Land development regulations are not part of comprehensive plans. § 163.3177(1), Fla....

...e to a county board action, “which materially alters the use or density or intensity of use on a particular piece of property which is not consistent with the comprehensive plan.” Land development regulations are not part of comprehensive plans. § 163.3177(1), Fla....

its operation and maintenance. Question Two Section 163.3177(3)(a), Florida Statutes (1996 Supplement)

...The Florida Legislature has since adopted the Local Government Comprehensive Planning and Land Development Regulation Act. § 163.3161(1), Fla. Stat. (1987). Under that act, each comprehensive plan must include a conservation plan which designates “historically significant properties meriting protection.” § 163.3177(6)(a)....

pertaining to the local planning agency. Section 163.3177, F.S., prescribing the required elements of

not comply with the mandatory requirement of section 163.3177(6)(a), Florida Statutes (1995) that any comprehensive

...he specific ways in which the plans and processes of the district school board and the local governments are to be coordinated." 7 Interlocal agreements between local governments and school boards that were previously adopted under the provisions of section 163.3177 , Florida Statutes, must be updated and executed pursuant to the requirements of subsections (2) through (9), if necessary....

...We agree with ITID that the reasonably foreseeable future operational and planning consequences of the County’s CLUP amendment give it standing to pursue this appeal. ITID primarily attacks the amendment as lacking appropriate data to support it. See § 163.3177(8), Fla....

required by Administrative Code Rule 9J-5.005 and section 163.3177 of the Florida Statutes. First, the ALJ rejected

...ctives of this act; to protect human, environmental, social, and economic resources; and to maintain, through orderly growth and development, the character and stability of present and future land use and development in this state. (Emphasis added). Section 163.3177(2) provides in pertinent part that “[t]he several elements of the comprehensive plan shall be consistent, and the comprehensive plan shall be financially feasible....” Additionally, section 163.3177(6) provides that the comprehensive plan shall include certain elements including: (a) A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, com...

...to Riverside’s FLUM Amendment request. We disagree. First, we disagree that section 163 does not require the inclusion of a port element to the City’s Comprehensive Plan, and the *270 Port of Miami River subelement is an “optional element.” Section 163.3177(6)(a) provides that the comprehensive plan shall include certain elements and specifies that “[f]or coastal counties the future land use element must include, without limitation, regulatory incentives and criteria that encourage th...

...led with the department except as provided therein. 6 See, s. 163.3161 (2), Fla. Stat. (1993), setting forth the intent and purpose of the Local Government Comprehensive Planning and Land Development Act. 7 Section 163.3161 (3), Fla. Stat. (1993). 8 Section 163.3177 (6)(d), Fla....

...On May 26, 2005, appellee State of Florida, Department of Community Affairs, published a Notice of Intent to find the proposed amendments to the Comprehensive Plan "in compliance." "In compliance" means the amendments are consistent with requirements set forth in section 163.3177, Florida Statutes (2006)....

...Conservation Residential land use categories are not "mixed-use" categories, and thus not subject to the more detailed planning requirements for mixed-use categories set forth in the Florida Administrative Code. Regarding mixed-use land categories, section 163.3177 provides, in relevant part, "[t]he future land use plan may designate areas for future planned development use involving combinations of types of uses for which special regulations may be necessary to ensure development in accord with the principles and standards of the comprehensive plan and this act." See § 163.3177(6)(a), Fla....

...1851, 104 L.Ed.2d 377 (1989); National Wildlife Federation v. Marsh, 721 F.2d 767 (11th Cir.1983). Additionally, the Administration Commission should not have approved the plan because the statutory scheme requires that the plan's "goals and policies be clearly based on appropriate data." § 163.3177(10)(e), Fla. Stat. (Supp.1996); see § 163.3177(8), Fla....

...However, we affirm the order as it relates to the City of Key West.2 1 We affirm without further discussion as to the additional claims raised by appellants, which include: (1) the amendments violate the “internal consistency” requirement in section 163.3177, Florida Statutes; (2) the two- phase evacuation plan violates section 163.3177(1)(f)1., Florida Statutes, because it is not supported by relevant and appropriate data and analysis; and (3) the Agency erred in interpreting section 380.0552(7), Florida Statutes, to allow the general “Principles for Guiding Deve...

...ould be considered to be "services" that would fall within the scope of Part II, Chapter 171 , Florida Statutes. 14 Rather, the term "service" as it is used in the "Interlocal Service Agreement Boundary Act" would appear to relate, as is provided in section 163.3177 (2)(h)6.a., Florida Statutes, to service delivery agreements regarding such services and facilities as education, sanitary sewer, public safety, solid waste, drainage, potable water, parks and recreation, and transportation facilities....

adopted under, the provisions of that act. Section 163.3177(5) and (6)(a), F. S., does not require that

...In 1985, however, many of the permissive provisions of this chapter were repealed and were replaced with sections mandating the adoption of comprehensive plans and development in accordance with those plans. See ch. 85-55, §§ 6, 19, 20, Laws of Fla. In 1986, the legislature adopted what is currently section 163.3177(10)(h), Florida Statutes (2005), establishing the legislative intent that "public facilities and services needed to support development shall be available concurrent with the impacts of *674 such development." See ch....

...land development plans, including a “future land use plan element” consisting of “land use maps or map series” to guide “the orderly and balanced future economic, social, physical, environmental, and fiscal development of the area ....” § 163.3177(1), (6)(a)6., Fla....