Florida Statute 163.3187 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 163
INTERGOVERNMENTAL PROGRAMS

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F.S. 163.3187

163.3187 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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Amendments to 163.3187

Arrestable Offenses / Crimes under Fla. Stat. 163.3187

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 163.3187.

Annotations, Discussions, Cases:

Cases Citing Statute 163.3187

Total Results: 20

The Realty Associates Fund Ix, L.P. v. Town of Cutler Bay

Court: District Court of Appeal of Florida | Date Filed: 2016-09-21

Citation: 208 So. 3d 735, 2016 Fla. App. LEXIS 14132

Snippet: plan in accordance with sections 168.3184 and 163.3187 of the Florida Statutes. To that end, we note

Katherine's Bay, LLC v. Fagan

Court: District Court of Appeal of Florida | Date Filed: 2010-12-14

Citation: 52 So. 3d 19, 2010 Fla. App. LEXIS 19009, 2010 WL 5072509

Snippet: Amendment under the procedure set forth in section 163.3187(3)(a), Florida Statutes (2008). Appellee argued

Payne v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 2010-12-08

Citation: 53 So. 3d 258, 2010 Fla. App. LEXIS 18682, 2010 WL 4962873

Snippet: section 163.3187 small scale development amendment to a future land use map (FLUM).7' § 163.3187(l)(c)

Durham Park Neighborhood Ass'n v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 2010-12-08

Citation: 53 So. 3d 245, 2010 Fla. App. LEXIS 18655, 2010 WL 4962877

Snippet: Comprehensive Plan (Plan) and is governed by section 163.3187(l)(c) of the Florida Statutes. In accordance with

Payne v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 2010-12-08

Citation: 52 So. 3d 707, 2010 Fla. App. LEXIS 18759, 2010 WL 4962859

Snippet: section 163.3187 small scale development amendment to a future land use map (FLUM).6i § 163.3187(1)(c)

Durham Park Neighborhood Ass'n v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 2007-10-24

Citation: 210 So. 3d 69, 2007 Fla. App. LEXIS 16707

Snippet: small-scale development amendments found in section 163.3187(l)(c), Florida Statutes (2005). The ALJ who adjudicated

DR Horton, Inc.-Jacksonville v. Peyton

Court: District Court of Appeal of Florida | Date Filed: 2007-06-18

Citation: 959 So. 2d 390, 2007 WL 1730106

Snippet: which the developer sought pursuant to section 163.3187(1)(c), Florida Statutes (1996), to commercially

5220 BISCAYNE BOULEVARD, LLC v. Stebbins

Court: District Court of Appeal of Florida | Date Filed: 2006-09-13

Citation: 937 So. 2d 1189

Snippet: amendment, pursuant to the express language of section 163.3187(3)(a). The statute's trigger date was the date

Payne v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 2005-11-16

Citation: 913 So. 2d 1260, 2005 WL 3054154

Snippet: has been adopted by a local government. See § 163.3187(3)(a), Fla. Stat. (2004). The Miami City Charter

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: the local governmental body pursuant to section 163.3187, Florida Statutes. Section 163.3189, Florida Statutes

Island, Inc. v. City of Bradenton Beach

Court: District Court of Appeal of Florida | Date Filed: 2004-06-23

Citation: 884 So. 2d 107, 2004 WL 1389301

Snippet: development amendments sought pursuant to section 163.3187(1)(c) are legislative decisions which are subject

Coastal Development of North Florida, Inc. v. City of Jacksonville Beach

Court: Supreme Court of Florida | Date Filed: 2001-04-12

Citation: 788 So. 2d 204, 26 Fla. L. Weekly Supp. 224, 2001 Fla. LEXIS 743, 2001 WL 360443

Snippet: SMALL-SCALE DEVELOPMENT AMENDMENTS PURSUANT TO SECTION 163.3187(1)(c), FLORIDA STATUTES, LEGISLATIVE IN NATURE

Minnaugh v. COUNTY COM'N OF BROWARD COUNTY

Court: Supreme Court of Florida | Date Filed: 2001-04-12

Citation: 783 So. 2d 1054, 26 Fla. L. Weekly Supp. 240, 2001 Fla. LEXIS 742, 2001 WL 360429

Snippet: SCALE DEVELOPMENT AMENDMENTS PURSUANT TO SECTION 163.3187(1)(c), FLORIDA STATUTES, LEGISLATIVE IN NATURE

Board of County Commissioners of Clay County v. Qualls

Court: District Court of Appeal of Florida | Date Filed: 2000-08-30

Citation: 772 So. 2d 544, 2000 Fla. App. LEXIS 11003, 2000 WL 1230216

Snippet: decisions regarding SSCPA requests pursuant to section 163.3187(l)(e), Florida Statutes (Supp. 1996) are legislative

Ago

Court: Florida Attorney General Reports | Date Filed: 2000-04-25

Snippet: of Transportation; ss. 163.3177, 163.3180 and 163.3187, Fla. Stat., dealing with concurrency; s. 311

Minnaugh v. COUNTY COM'N OF BROWARD COUNTY

Court: District Court of Appeal of Florida | Date Filed: 2000-03-15

Citation: 752 So. 2d 1263, 2000 WL 276027

Snippet: use plan of Broward County, pursuant to section 163.3187(1)(c), Florida Statutes. Petitioners own a 4.3

Palm Springs Gen. Hosp., Inc. v. City of Hialeah Gardens

Court: District Court of Appeal of Florida | Date Filed: 1999-09-01

Citation: 740 So. 2d 596, 1999 Fla. App. LEXIS 11683, 1999 WL 674507

Snippet: comprehensive land use plan, pursuant to section 163.3187(1)(c), Florida Statutes (Supp.1996), is a legislative

Fleeman v. City of St. Augustine Beach

Court: District Court of Appeal of Florida | Date Filed: 1999-04-19

Citation: 728 So. 2d 1178, 1998 WL 880601

Snippet: comprehensive plan amendment, pursuant to section 163.3187(1)(c).[1] The issue in this case is whether the

Jacksonville Beach v. COASTAL DEVELOPMENT

Court: District Court of Appeal of Florida | Date Filed: 1999-03-30

Citation: 730 So. 2d 792, 1999 WL 169401

Snippet: city's comprehensive plan, pursuant to section 163.3187(1)(c), Florida Statutes (Supp.1996), so that they

Martin County v. Yusem

Court: Supreme Court of Florida | Date Filed: 1997-03-27

Citation: 690 So. 2d 1288, 22 Fla. L. Weekly Supp. 156, 1997 Fla. LEXIS 322, 1997 WL 136419

Snippet: that in 1995, the legislature amended section 163.3187(1)(c), Florida Statutes, which provides special