Florida Statute 163.3194 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 163
INTERGOVERNMENTAL PROGRAMS

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F.S. 163.3194

163.3194 Legal status of comprehensive plan.—

(1)(a) After a comprehensive plan, or element or portion thereof, has been adopted in conformity with this act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such plan or element shall be consistent with such plan or element as adopted.

(b) All land development regulations enacted or amended shall be consistent with the adopted comprehensive plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. If a local government allows an existing land development regulation which is inconsistent with the most recently adopted comprehensive plan, or element or portion thereof, to remain in effect, the local government shall adopt a schedule for bringing the land development regulation into conformity with the provisions of the most recently adopted comprehensive plan, or element or portion thereof. During the interim period when the provisions of the most recently adopted comprehensive plan, or element or portion thereof, and the land development regulations are inconsistent, the provisions of the most recently adopted comprehensive plan, or element or portion thereof, shall govern any action taken in regard to an application for a development order.

(2) After a comprehensive plan for the area, or element or portion thereof, is adopted by the governing body, no land development regulation, land development code, or amendment thereto shall be adopted by the governing body until such regulation, code, or amendment has been referred either to the local planning agency or to a separate land development regulation commission created pursuant to local ordinance, or to both, for review and recommendation as to the relationship of such proposal to the adopted comprehensive plan, or element or portion thereof. Said recommendation shall be made within a reasonable time, but no later than within 2 months after the time of reference. If a recommendation is not made within the time provided, then the governing body may act on the adoption.

(3)(a) A development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government.

(b) A development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of the development are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government.

(4)(a) A court, in reviewing local governmental action or development regulations under this act, may consider, among other things, the reasonableness of the comprehensive plan, or element or elements thereof, relating to the issue justiciably raised or the appropriateness and completeness of the comprehensive plan, or element or elements thereof, in relation to the governmental action or development regulation under consideration. The court may consider the relationship of the comprehensive plan, or element or elements thereof, to the governmental action taken or the development regulation involved in litigation, but private property shall not be taken without due process of law and the payment of just compensation.

(b) It is the intent of this act that the comprehensive plan set general guidelines and principles concerning its purposes and contents and that this act shall be construed broadly to accomplish its stated purposes and objectives.

(5) The tax-exempt status of lands classified as agricultural under s. 193.461 shall not be affected by any comprehensive plan adopted under this act as long as the land meets the criteria set forth in s. 193.461.

(6) If a proposed solid waste management facility is permitted by the Department of Environmental Protection to receive materials from the construction or demolition of a road or other transportation facility, a local government may not deny an application for a development approval for a requested land use that would accommodate such a facility, provided the local government previously approved a land use classification change to a local comprehensive plan or approved a rezoning to a category allowing such land use on the parcel, and the requested land use was disclosed during the previous comprehensive plan or rezoning hearing as being an express purpose of the land use changes.

History.—s. 12, ch. 75-257; s. 1, ch. 77-174; s. 2, ch. 77-223; s. 12, ch. 80-358; s. 69, ch. 81-259; s. 11, ch. 85-55; s. 33, ch. 2002-296.

F.S. 163.3194 on Google Scholar

F.S. 163.3194 on Casetext

Amendments to 163.3194

Arrestable Offenses / Crimes under Fla. Stat. 163.3194

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 163.3194.

Annotations, Discussions, Cases:

Cases Citing Statute 163.3194

Total Results: 20

Judah Imhof, Richard Bullard, Beach To Bay Connection, Inc., and South Walton Community Council, Inc. v. Walton County, Florida, a political subdivision of the State of Florida, and Ashwood Holdings Florida, LLC, a Florida limited liability company

Court: District Court of Appeal of Florida | Date Filed: 2021-09-15

Snippet: that development, must comport with the plan. § 163.3194(1)(a), Fla. Stat. (2018); see Dixon v. City of

Little Club Condo. Ass'n v. Martin Cnty.

Court: District Court of Appeal of Florida | Date Filed: 2018-11-21

Citation: 259 So. 3d 864

Snippet: uses, which are part of the comprehensive plan. § 163.3194(3)(a), Fla. Stat. (2016). The land development

LITTLE CLUB CONDOMINIUM ASSOCIATION v. MARTIN COUNTY

Court: District Court of Appeal of Florida | Date Filed: 2018-11-21

Snippet: uses, which are part of the comprehensive plan. § 163.3194(3)(a), Fla. Stat. (2016). The land development

Heine v. Lee County

Court: District Court of Appeal of Florida | Date Filed: 2017-06-30

Citation: 221 So. 3d 1254, 2017 WL 2821553, 2017 Fla. App. LEXIS 9484

Snippet: and its development orders. 2 See § 163.3194(l)(a) ("After a comprehensive plan ... has been

Town of Ponce Inlet v. Pacetta, LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-06-16

Citation: 226 So. 3d 303, 2017 WL 2605150, 2017 Fla. App. LEXIS 8842

Snippet: with that plan.” Id. at 421 (quoting § 163.3194(l)(a), Fla. Stat. (2005)). Therefore, in

Rainbow River Conservation, Inc. v. Rainbow River Ranch, LLC

Court: District Court of Appeal of Florida | Date Filed: 2016-04-15

Citation: 189 So. 3d 312, 2016 WL 1465658, 2016 Fla. App. LEXIS 5768

Snippet: consistent with that plan.” Id. at 421 (quoting § 163.3194(l)(a), Fla. Stat. (2005)). “Citizen enforcement

Howell v. Pasco County

Court: District Court of Appeal of Florida | Date Filed: 2015-03-27

Citation: 165 So. 3d 12, 2015 WL 1381680

Snippet: had to be in conformance with the plan. See § 163.3194(l)(a). In 1990, Pasco County’s 2025 comprehensive

Seminole Tribe of Florida v. Hendry County

Court: District Court of Appeal of Florida | Date Filed: 2013-06-12

Citation: 114 So. 3d 1073, 2013 WL 2494708, 2013 Fla. App. LEXIS 9265

Snippet: adopted a comprehensive development plan. Section 163.3194(l)(a) provides that once a comprehensive plan

Graves v. City of Pompano Beach ex rel. City Commission

Court: District Court of Appeal of Florida | Date Filed: 2011-11-23

Citation: 74 So. 3d 595, 2011 Fla. App. LEXIS 18739

Snippet: local government’s comprehensive land use plan. § 163.3194(l)(a), Fla. Stat. (2009). The Act is to be “construed

Graves v. POMPANO BEACH EX REL. CITY COM'N

Court: District Court of Appeal of Florida | Date Filed: 2011-11-23

Citation: 74 So. 3d 595

Snippet: local government's comprehensive land use plan. § 163.3194(1)(a), Fla. Stat. (2009). The Act is to be "construed

1000 Friends of Florida, Inc. v. Palm Beach County

Court: District Court of Appeal of Florida | Date Filed: 2011-10-05

Citation: 69 So. 3d 1123, 2011 Fla. App. LEXIS 15755, 2011 WL 4577746

Snippet: sought to have the development order quashed. § 163.3194(1)(a), Fla. Stat. The trial court entered a final

Arbor Properties, Inc. v. Lake Jackson Protection Alliance, Inc.

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

Citation: 51 So. 3d 502, 2010 Fla. App. LEXIS 18620, 2010 WL 4967715

Snippet: with the local government's comprehensive plan. § 163.3194(3)(a), Fla. Stat. Appellees filed a complaint

Keene v. Zoning Board of Adjustment

Court: District Court of Appeal of Florida | Date Filed: 2009-10-30

Citation: 22 So. 3d 665, 2009 Fla. App. LEXIS 16130, 2009 WL 3485968

Snippet: principles concerning its purposes and contents ....”§ 163.3194(4)(b), Fla. Stat. (2007) (emphasis added). Therefore

Bay County v. Harrison

Court: District Court of Appeal of Florida | Date Filed: 2009-05-29

Citation: 13 So. 3d 115, 2009 Fla. App. LEXIS 6610, 2009 WL 1492652

Snippet: inconsistent with the applicable comprehensive plan. § 163.3194(1)(a), Fla. Stat. (2005). An aggrieved party may

Citrus County v. Halls River Development, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2009-03-20

Citation: 8 So. 3d 413, 2009 Fla. App. LEXIS 2273, 2009 WL 722053

Snippet: development code, the comprehensive plan prevails. See § 163.3194, Fla. Stat. (2005). In 1989, the Board of County

Save the Homosassa River Alliance, Inc. v. Citrus County

Court: District Court of Appeal of Florida | Date Filed: 2008-10-24

Citation: 2 So. 3d 329, 2008 Fla. App. LEXIS 16449

Snippet: such plan” must be consistent with that plan. § 163.3194(l)(a), Fla. Stat. (2007); see also § 163.3164(7)

Ago

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

Snippet: 163.3161(5), Fla. Stat. 5 See s. 163.3161(5) and 163.3194(1), Fla. Stat., and Ops. Att'y Gen. Fla. 79-88

Lake Rosa v. BOARD OF COUNTY COM'RS

Court: District Court of Appeal of Florida | Date Filed: 2005-09-23

Citation: 911 So. 2d 206, 2005 WL 2318982

Snippet: permit is a "development order." Finally, section 163.3194(1)(a), Florida Statutes (2001), requires that

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: be consistent with comprehensive plans. See §§ 163.3194(1) & (2); 163.3164(6) & (23), Fla. Stat. Each

Bay Point Club, Inc. v. Bay County

Court: District Court of Appeal of Florida | Date Filed: 2004-10-25

Citation: 890 So. 2d 256

Snippet: read in pari materia are sections 380.06(19)(f)6, 163.3194(1)(a), and 163.3167(8), Florida Statutes (2001)