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The 2025 Florida Statutes
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F.S. 163.3187163.3187 Process for adoption of small scale comprehensive plan amendment.—(1) A small scale development amendment may be adopted under the following conditions:(a) The proposed amendment involves a use of 50 acres or fewer and: (b) 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. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section. (c) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). (2) Small scale development amendments adopted pursuant to this section require only one public hearing before the governing board, which shall be an adoption hearing as described in s. 163.3184(11). (3) If the small scale development amendment involves a site within a rural area of opportunity as defined under s. 288.0656(2)(d) for the duration of such designation, the acreage limit listed in subsection (1) shall be increased by 100 percent. The local government approving the small scale plan amendment shall certify to the state land planning agency that the plan amendment furthers the economic objectives set forth in the executive order issued under s. 288.0656(7), and the property subject to the plan amendment shall undergo public review to ensure that all concurrency requirements and federal, state, and local environmental permit requirements are met. (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. Corrections, updates, or modifications of current costs which were set out as part of the comprehensive plan shall not, for the purposes of this act, be deemed to be amendments. (5)(a) Any affected person may file a petition with the Division of Administrative Hearings pursuant to ss. 120.569 and 120.57 to request a hearing to challenge the compliance of a small scale development amendment with this act within 30 days following the local government’s adoption of the amendment and shall serve a copy of the petition on the local government. An administrative law judge shall hold a hearing in the affected jurisdiction not less than 30 days nor more than 60 days following the filing of a petition and the assignment of an administrative law judge. The parties to a hearing held pursuant to this subsection shall be the petitioner, the local government, and any intervenor. In the proceeding, the plan amendment shall be determined to be in compliance if the local government’s determination that the small scale development amendment is in compliance is fairly debatable. The state land planning agency may not intervene in any proceeding initiated pursuant to this section. The prevailing party in a challenge filed under this paragraph is entitled to recover attorney fees and costs in challenging or defending the order, including reasonable appellate attorney fees and costs. (b)1. If the administrative law judge recommends that the small scale development amendment be found not in compliance, the administrative law judge shall submit the recommended order to the Administration Commission for final agency action. If the administrative law judge recommends that the small scale development amendment be found in compliance, the administrative law judge shall submit the recommended order to the state land planning agency. 2. If the state land planning agency determines that the plan amendment is not in compliance, the agency shall submit, within 30 days following its receipt, the recommended order to the Administration Commission for final agency action. If the state land planning agency determines that the plan amendment is in compliance, the agency shall enter a final order within 30 days following its receipt of the recommended order. (c) Small scale development amendments may not become effective until 31 days after adoption. If challenged within 30 days after adoption, small scale development amendments may not become effective until the state land planning agency or the Administration Commission, respectively, issues a final order determining that the adopted small scale development amendment is in compliance. (d) In all challenges under this subsection, when a determination of compliance as defined in s. 163.3184(1)(b) is made, consideration shall be given to the plan amendment as a whole and whether the plan amendment furthers the intent of this part. History.—s. 10, ch. 75-257; s. 1, ch. 77-174; s. 5, ch. 77-331; s. 9, ch. 85-55; s. 10, ch. 86-191; s. 8, ch. 92-129; s. 11, ch. 93-206; s. 4, ch. 94-273; s. 1446, ch. 95-147; s. 12, ch. 95-310; s. 3, ch. 95-322; s. 5, ch. 95-396; s. 1, ch. 96-205; s. 27, ch. 96-410; s. 4, ch. 96-416; s. 3, ch. 97-253; s. 14, ch. 98-75; s. 13, ch. 98-176; s. 66, ch. 99-251; s. 5, ch. 99-378; s. 26, ch. 2000-151; s. 16, ch. 2000-158; s. 1, ch. 2000-284; s. 8, ch. 2002-296; s. 3, ch. 2004-230; s. 5, ch. 2004-372; s. 7, ch. 2005-290; s. 20, ch. 2006-1; s. 3, ch. 2006-69; s. 4, ch. 2007-198; s. 8, ch. 2009-96; s. 7, ch. 2011-14; s. 18, ch. 2011-139; s. 25, ch. 2014-17; s. 25, ch. 2014-218; s. 1, ch. 2019-157; s. 3, ch. 2021-206; s. 2, ch. 2023-115.
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Annotations, Discussions, Cases:
Cases Citing Statute 163.3187
Total Results: 25
690 So. 2d 1288, 22 Fla. L. Weekly Supp. 156, 1997 Fla. LEXIS 322, 1997 WL 136419
Supreme Court of Florida | Filed: Mar 27, 1997 | Docket: 436960
Cited 16 times | Published
note that in 1995, the legislature amended section 163.3187(1)(c), Florida Statutes, which provides special
788 So. 2d 204, 26 Fla. L. Weekly Supp. 224, 2001 Fla. LEXIS 743, 2001 WL 360443
Supreme Court of Florida | Filed: Apr 12, 2001 | Docket: 1286560
Cited 7 times | Published
SMALL-SCALE DEVELOPMENT AMENDMENTS PURSUANT TO SECTION 163.3187(1)(c), FLORIDA STATUTES, LEGISLATIVE IN NATURE
602 So. 2d 568, 1992 WL 92477
District Court of Appeal of Florida | Filed: May 8, 1992 | Docket: 1321777
Cited 6 times | Published
business on the 2100 square foot parcel.
[1] § 163.3187, Fla. Stat. (1989).
959 So. 2d 390, 2007 WL 1730106
District Court of Appeal of Florida | Filed: Jun 18, 2007 | Docket: 1525784
Cited 4 times | Published
plan, which the developer sought pursuant to section 163.3187(1)(c), Florida Statutes (1996), to commercially
730 So. 2d 792, 1999 WL 169401
District Court of Appeal of Florida | Filed: Mar 30, 1999 | Docket: 1647842
Cited 4 times | Published
the city's comprehensive plan, pursuant to section 163.3187(1)(c), Florida Statutes (Supp.1996), so that
937 So. 2d 1189, 2006 WL 2612845
District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 1513075
Cited 3 times | Published
amendment, pursuant to the express language of section 163.3187(3)(a). The statute's trigger date was the
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
what occurred here, a landowner applied for a section 163.3187 small scale development amendment to a future
884 So. 2d 107, 2004 WL 1389301
District Court of Appeal of Florida | Filed: Jun 23, 2004 | Docket: 1281906
Cited 2 times | Published
development amendments sought pursuant to section 163.3187(1)(c) are legislative decisions which are
752 So. 2d 1263, 2000 WL 276027
District Court of Appeal of Florida | Filed: Mar 15, 2000 | Docket: 1682278
Cited 2 times | Published
land use plan of Broward County, pursuant to section 163.3187(1)(c), Florida Statutes.
Petitioners own a
740 So. 2d 596, 1999 Fla. App. LEXIS 11683, 1999 WL 674507
District Court of Appeal of Florida | Filed: Sep 1, 1999 | Docket: 1456807
Cited 2 times | Published
a comprehensive land use plan, pursuant to section 163.3187(1)(c), Florida Statutes (Supp.1996), is a
913 So. 2d 1260, 2005 WL 3054154
District Court of Appeal of Florida | Filed: Nov 16, 2005 | Docket: 1331449
Cited 1 times | Published
which has been adopted by a local government. See § 163.3187(3)(a), Fla. Stat. (2004). The Miami City Charter
783 So. 2d 1054, 26 Fla. L. Weekly Supp. 240, 2001 Fla. LEXIS 742, 2001 WL 360429
Supreme Court of Florida | Filed: Apr 12, 2001 | Docket: 1675780
Cited 1 times | Published
SMALL SCALE DEVELOPMENT AMENDMENTS PURSUANT TO SECTION 163.3187(1)(c), FLORIDA STATUTES, LEGISLATIVE IN NATURE
584 So. 2d 27, 1991 WL 111478
District Court of Appeal of Florida | Filed: Jun 27, 1991 | Docket: 466806
Cited 1 times | Published
Putney, 495 So.2d 224 (Fla. 2d DCA 1986).
[7] Section 163.3187, Fla. Stat. (1987).
[8] The County expert's
52 So. 3d 19, 2010 Fla. App. LEXIS 19009, 2010 WL 5072509
District Court of Appeal of Florida | Filed: Dec 14, 2010 | Docket: 60297811
Published
Amendment under the procedure set forth in section 163.3187(3)(a), Florida Statutes (2008). Appellee argued
53 So. 3d 258, 2010 Fla. App. LEXIS 18682, 2010 WL 4962873
District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60298072
Published
204 (Fla.2001), a landowner applied for a section 163.3187 small scale development amendment to a future
53 So. 3d 245, 2010 Fla. App. LEXIS 18655, 2010 WL 4962877
District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60298071
Published
Comprehensive Plan (Plan) and is governed by section 163.3187(l)(c) of the Florida Statutes. In accordance
210 So. 3d 69, 2007 Fla. App. LEXIS 16707
District Court of Appeal of Florida | Filed: Oct 24, 2007 | Docket: 60261826
Published
small-scale development amendments found in section 163.3187(l)(c), Florida Statutes (2005).
The ALJ who
909 So. 2d 575, 2005 Fla. App. LEXIS 13875
District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 1199001
Published
by the local governmental body pursuant to section 163.3187, Florida Statutes. Section 163.3189, Florida
772 So. 2d 544, 2000 Fla. App. LEXIS 11003, 2000 WL 1230216
District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 64802049
Published
decisions regarding SSCPA requests pursuant to section 163.3187(l)(e), Florida Statutes (Supp. 1996) are legislative
728 So. 2d 1178, 1998 WL 880601
District Court of Appeal of Florida | Filed: Apr 19, 1999 | Docket: 52971
Published
comprehensive plan amendment, pursuant to section 163.3187(1)(c).[1] The issue in this case is whether
584 So. 2d 27, 1991 Fla. App. LEXIS 6088
District Court of Appeal of Florida | Filed: Jun 27, 1991 | Docket: 64660803
Published
Putney, 495 So.2d 224 (Fla. 2d DCA 1986).
. Section 163.3187, Fla.Stat. (1987).
. Section 163.3194(l)(b)
Florida Attorney General Reports | Filed: May 6, 1986 | Docket: 3255700
Published
the requirements and elements of the plan."
Section 163.3187(1), F.S., in pertinent part, now reads:
Florida Attorney General Reports | Filed: Mar 7, 1983 | Docket: 3257705
Published
describes the future land use plan element. Section 163.3187, F.S., sets forth the procedure for amendment
Florida Attorney General Reports | Filed: Dec 5, 1980 | Docket: 3257637
Published
concern would be unsupportable on my part.
Section 163.3187, F. S., provides that the procedure for amending
Florida Attorney General Reports | Filed: Jan 10, 1978 | Docket: 3258028
Published
thereof or adopt it with changes or amendments.' Section 163.3187 provided prior to amendment that amendments
