Florida/Georgia Personal Injury & Workers Compensation

...3d DCA 1987) (citations omitted), adopted en banc, 519 So.2d 629 (Fla. 3d DCA), review denied, 529 So.2d 693 , 694 (Fla.1988). Once a comprehensive plan for an area is adopted, all development approved by a governmental agency must be consistent with the plan. Fla.Stat. Sec. 163.3194 (Supp.1989)....

...The local plan must be implemented through the adoption of land development regulations that are consistent with the plan. Id. § 163.3202. In addition, all development, both public and private, and all development orders approved by local governments must be consistent with the adopted local plan. Id., § 163.3194(1)(a). Section 163.3194(3), Florida Statutes (1991), explains consistency as follows: (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 dev...

...development and growth. § 163.3167(1). Once a comprehensive plan has been adopted in conformity with the guidelines set out in the Act, all future development undertaken by responsible governing bodies is required to be "consistent" with the plan. § 163.3194(1)....

...The changing needs of an area should be accommodated by amending the plan itself and not by enacting inconsistent provisions whenever a need arises. Id. We believe the legislative scheme calls for a more flexible approach to the determination of consistency. The relevant statutory definition of "consistency" is contained in section 163.3194(3), which, as recently amended, provides: (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 permitte...

...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. Sections 163.3194(4)(a)-(b) of the Act permit the court to consider a broad range of factors in determining consistency with a comprehensive plan: A court, in reviewing local government action on development regulations under this act, may consider, among oth...

...al Government Comprehensive Planning Act. Appellant claims that although the legislature did not enact a separate statutory section on standing, it intended to grant standing to the fullest extent possible by using the phrase "justiciably raised" in section 163.3194(3)(a), which provides in part: 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 r...

...g request without giving any reason. The landowners filed in the circuit court a Petition for Writ of Certiorari alleging that the zoning classification sought by the landowners was consistent with the county Comprehensive Zoning Plan as required by section 163.3194(1)(a), Florida Statutes, and that its denial was arbitrary and unreasonable and had no substantial relation to the public health, safety, morals or general welfare and was not according to the essential requirements of law....

...(M.D.FL, Order dated January 16, 1991). [16] In requiring local governments to adopt comprehensive plans the Florida legislature recognized that such land use regulations may constitute a compensable taking and recognized the constitutional "takings" clause by providing in section 163.3194(4)(a), Florida Statutes: but property shall not be taken without due process of law and the payment of just compensation....

...g authority. Accordingly, the judgment is REVERSED and REMANDED to the trial court with instructions to reinstate the order of the City Council denying appellee's application for rezoning. JOANOS and WIGGINTON, JJ., concur. *164 NOTES [1] Fla. Stat. § 163.3194(1) provides in pertinent part: 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 ag...

...n. Our disposition of this issue moots consideration of the remainder. It is well established that a development order shall be consistent with the governmental body's objectives, policies, land uses, etc., as provided in its comprehensive plan. See § 163.3194(3)(a), Fla....

...Here it is not a question of any lack of clarity; the statute is utterly silent on the notion of deference. It is thus apparent that the structure and text of the statute do not impliedly involve any deference to the decision of the county officials. So we necessarily presume none was intended. [10] Section 163.3194 requires that all development conform to the approved Comprehensive Plan, and that development orders be consistent with that Plan....

...3d DCA 1987), review denied, 529 So.2d 693 (Fla.), review denied, 529 So.2d 694 (Fla.1988), regarding land use decisions. These courts explained that strict scrutiny of local government development orders is necessary to insure that the local governments comply with the duty imposed by section 163.3194 to make decisions consistent with the Comprehensive Plan....

..."Based on the foregoing, the Court finds that the Development Order is inconsistent with the Comprehensive Plan. It is not compatible with, nor does it further the objective, policies, land uses, densities and intensities in the Comprehensive Plan. § 163.3194(3)(a)." [e.o.] We have carefully reviewed the record of the trial and the evidence presented....

...otherwise in violation of a constitutional or statutory provision; but the court shall not substitute its judgment for that of the agency on an issue of discretion. " [e.s.] § 120.68(7), Fla. Stat. (2000). There is nothing even remotely comparable in section 163.3215. [11] See § 163.3194(1)(a), Fla....

...ntemplates. Zoning decisions must not only meet the "fairly debatable" standard, but they also should be "consistent" with the comprehensive land use plan. Southwest Ranches, supra at 939-40. The statutory definition of "consistency" is contained in section 163.3194(3), Florida Statutes, as recently amended, which provides: (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 dev...

...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. [Emphasis added.] Sections 163.3194(4)(a)-(b) of the Local Government Comprehensive Planning and Land Development Regulation Act provide a broad range of factors for determining consistency with a comprehensive plan: *1013 (4)(a) A court, in reviewing local government action o...

...Pursuant to both the local act, § 37-87, and the state law, § 163.3231, all development decisions must be consistent with the comprehensive plan. If it is not, then the rezoning change can only be made after the required procedures to change the plan have been followed. § 163.3194(1)(a); 1 Florida Real Property Practice Service, § 3.03 at 37-38; Yokley, 1 Zoning Law and Practice (1978) § 5-6....

...It is further, the intent of the Legislature to reconfirm that sections 163.3161 through 163.3215 have provided and do provide the necessary statutory direction and basis for municipal and county officials to carry out their comprehensive planning and land development regulation powers, duties, and responsibilities. [10] § 163.3194, Fla....

...t to reverse this rezoning vote. [13] Yokley, 1 Zoning Law & Practice (1978) § 5-2. [14] Anderson, 4 American Law of Zoning 3d, (1986) § 23.14; 40 A.L.R.3d 372 Requirement That Variations or Exceptions Be Made In Accordance With Comprehensive Plan § 163.3194(4)(a)....

...ning was inconsistent with the city's comprehensive zoning plan and voided it. The city appeals and argues that any zoning that is more restrictive or less intensive than that provided by a comprehensive plan is "consistent" with that plan. [4] *471 Section 163.3194(1), Florida Statutes, defines the legal status of a comprehensive zoning plan to be such that after its adoption all land development regulations enacted or amended must be consistent with the adopted comprehensive plan....

...t if the compared item deviates or departs in any direction or degree from the parameters of the norm, the compared item or action is not "consistent" with the norm. A comprehensive land use plan legislatively sets a zoning norm for each zone. Under Section 163.3194(1) Fla....

...Because of the city's rezoning of the owner's land to a more restrictive classification permitting less intensive use than the use provided for in its comprehensive land use (zoning) plan was inconsistent with its plan and contrary to the dictates of Section 163.3194(1), Florida Statutes, the trial court was correct in voiding the rezoning and should be affirmed on that basis....

...[17] Defendants argue that the statute is not unconstitutionally vague because Howey's Comprehensive Development Plan is incorporated by express reference in Ordinance 161 and is also necessarily applied in any zoning decision pursuant to Fla.Stat. § 163.3194....

...rida Department of Community Affairs ("DCA"). The land development code is the document that implements the comprehensive plan. If there is a conflict between the comprehensive plan and the land development code, the comprehensive plan prevails. See § 163.3194, Fla....

...Once a comprehensive plan has been adopted pursuant to Chapter 163, Part II, "all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such plan" must be consistent with that plan. § 163.3194(1)(a), Fla....

...The inordinate burden, if one exists, was created by the 1996 EAR amendment and not by the Ordinance passed in 2002. As a result, the Harris Act claim was untimely. Once the Plan, as amended, was approved by the DCA in 1997, the County was without discretion to undertake development actions inconsistent with it. § 163.3194, Fla....

...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....

...rehensive plan shall be economically feasible." § 163.3177(2), Fla. Stat. "A court, in reviewing local government action or development regulations under this act, may consider, among other things, the reasonableness of the comprehensive plan... ." § 163.3194(4)(a), Fla....

...liance challenge where the Department *186 of Community Affairs has found a plan in compliance with the Act. § 163.3184(9)(a), Fla. Stat. In their attempt to counter the apparent exclusivity provision of section 163.3184(13), appellees direct us to section 163.3194(4)(a), providing, "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......

...al with the propriety of the City's assertion that the requested zoning changes were not in compliance with the Plan. Rather, the issues raised went directly to the ultimate question of whether the Plan was in compliance with the Act. Our reading of section 163.3194 convinces us that this section was not intended to broadly justify a judicial challenge to the validity of a comprehensive plan. The statute is, rather, directed toward requiring that all land development regulations and governmental actions taken in regard to development orders are consistent with the adopted plan. § 163.3194(1)(a), Fla....

...We find instructive Judge Cowart's concurring opinion in City of Cape Canaveral v. Mosher, 467 So.2d 468, 471 (Fla. 5th DCA 1985), which was adopted by the Third District in Machado: A comprehensive land use plan legislatively sets a zoning norm for each zone. Under Section 163.3194(1), Fla....

...uit court. Therefore, the trial court erred by considering the claim and ultimately finding that a taking had occurred. REVERSED. ERVIN and WOLF, JJ., concur. NOTES [1] This action does not purport to seek review of a development order, see sections 163.3194(3)(a), 163.3215(1), Florida Statutes, or of a denial of a zoning change....

...d covered by such plan shall be consistent with such plan as adopted. All land development regulations enacted or amended shall be consistent with the adopted comprehensive plan, or element or portion thereof. Ch. 75-390, § 14(1), Laws of Fla.; see § 163.3194(1)(a), Fla....

...For the purposes of this proceeding, the parties agree that the site plan approval is a "development order" as defined by section 163.3164(7), Florida Statutes (2001); that the development order is required to be consistent with the comprehensive plan under section 163.3194(1)(a), Florida Statutes (2001); and that Coconut Creek is an "aggrieved or adversely affected party" entitled to bring suit to challenge the consistency of the site plan approval with the comprehensive plan, under section 163.3215(1)....

...III CONSISTENCY WITH LAND USE PLAN The tests for consistency of a development project with a land use plan have been, until recently, conflicting or imprecise primarily because the word consistency lacked definition [4] . In 1985 the legislature added a definition of consistency at section 163.3194(3)(a), Florida Statutes (1985): 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 o...

...the parameters of the norm, the compared item or action is not "consistent" with the norm. Mosher, 467 So.2d at 471. Further, in reasoning which we adopt, he wrote: A comprehensive land use plan legislatively sets a zoning norm for each zone. Under Section 163.3194(1), Fla....

...The study becomes a permanent law of local government which continues in force until repealed. § 166.041(1)(a), Fla. Stat. (1985). We know of no rule and petitioners have offered none, which allows government, acting in its executive capacity, to disregard its own laws. Section 163.3194(4)(a), Florida Statutes (1985), [6] relied upon by the petitioners in support of the argument that the plan is a flexible instrument, does not compel a different result....

...he plan is incomplete or internally inconsistent, or that the plan, in its application, would constitute a taking of private property without due process or fair compensation. Even where there is some basis for consideration by the court pursuant to section 163.3194, its actions must be consistent with the overall purpose and intent of the Act as expressed in section 163.3161....

...sive plan is subject to strict scrutiny. [5] McPherson urges adoption of Judge Cowart's views as expressed in Mosher that all development orders challenged as being inconsistent with the local comprehensive plan should be judicially scrutinized. [6] Section 163.3194(4)(a) provides: A court, in reviewing local governmental action ......

...III through VI. Therefore, we affirm the trial court's finding that the 1993 and 1995 amendments did not limit or modify the developers' statutorily protected vesting rights to the 1982 development plan. The Association and the Attorney General cite section 163.3194(1)(a), Florida Statutes (1995), for the proposition that the 1995 resolution must comply with the County's 1993 comprehensive plan. Section 163.3194(1)(a) states: "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...

...." (emphasis added). This section only applies to land covered by the County's 1993 comprehensive plan. As discussed above, section 163.3167(8) removes the vested 1982 development area from the requirements of the 1993 comprehensive plan. Therefore, section 163.3194(1)(a) does not apply in this situation....

...Third, statutes which relate to the same subject must be read in pari materia and construed to give meaning and effect to each part. See Palm Beach County Canvassing Bd. v. Harris, 772 So.2d 1273, 1286 (Fla.2000). *259 Here, the relevant statutes we must read in pari materia are sections 380.06(19)(f)6, 163.3194(1)(a), and 163.3167(8), Florida Statutes (2001)....

...A vested right cannot be subject to "conditions of approval." This plain, statutory language requiring approval and recognizing the power of local government to condition that approval means Appellant's vested rights do not expand to include proposed changes. Section 163.3194(1)(a), Florida Statutes (2001), provides: "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...

...st be "otherwise approved" and may be subject to "conditions of approval." See § 380.06(19)(f)6., Fla. Stat. (2001). " All development" and " all actions taken in regard to development orders" " shall be consistent" with the comprehensive plan. See § 163.3194(1)(a), Fla....

...Once a comprehensive plan has been adopted pursuant to the Local Government Comprehensive Planning and Land Development Regulation 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" must be consistent with that plan. § 163.3194(1)(a), Fla....

...The zoning laws implement the comprehensive plan, and they must be consistent with it. To that extent the comprehensive plan is a limitation on a government's otherwise broad zoning powers. City of Jacksonville Beach v. Grubbs, 461 So.2d 160 (Fla. 1st DCA 1984), rev. denied, 469 So.2d 749 (Fla. 1985). Finally, section 163.3194(1)(b), Florida Statutes (1989), provides, in pertinent part, as follows: During the interim period when the provisions of the most recently adopted comprehensive plan, or element or portion thereof, and the land development regulatio...

...3d DCA 1987) (citations omitted), adopted en banc, 519 So.2d 629 (Fla. 3d DCA), review denied, 529 So.2d 693 , 694 (Fla.1988). Once a comprehensive plan for an area is adopted, all development approved by a governmental agency must be consistent with the plan. Fla.Stat. § 163.3194 (Supp.1989)....

...Under the terms of the Local Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3161-163.3243, Florida Statutes (1987), each county and municipality is required to prepare and adopt a comprehensive plan to manage future growth and development. Section 163.3194(1)(a) provides: 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. Section 163.3194(3)(b) provides: 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...

...The Fourth District rejected Judge Cowart's "fairly rigid approach," concluding that "the legislative scheme calls for a more flexible approach to the determination of consistency." Id. at 936. The court based this determination heavily upon Sections 163.3194(4)(a)(b), which provide: (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...

...Accordingly, we find that competent substantial evidence supports the trial court's finding that the plan does not necessarily prohibit the location of a sanitary landfill in freshwater wetlands, particularly in light of the reasonableness standard expressed in Section 163.3194(4)(a), previously quoted herein....

...y zoning authority for a determination of the appropriate commercial zoning classification based on proper zoning concepts rather than on any specific proposed use. PETITION GRANTED; CAUSE REMANDED. COBB, C.J., and DAUKSCH, J., concur. NOTES [1] See § 163.3194(1), Fla....

...onsistent with its comprehensive land use plan. We note as well that the county's denial of the requested permit while it resolved the conflict between its zoning ordinance and comprehensive land use plan was in accord with the enabling legislation. § 163.3194, Fla....

...e Land Use Plan. We need not address any of these arguments since we find that the Local Government Comprehensive Planning and Land Development Regulation Act, part II, chapter 163, Florida Statutes (1985), does not apply to this particular project. Section 163.3194 provides that all development undertaken by a local government must conform with its comprehensive plan....

...3d DCA 1982), the circuit court’s affirmance of the commission’s action was in full compliance with the essential requirements of the law. Certiorari denied. . In the present posture of the case, it is unnecessary to decide the substantial questions of whether such a violation in fact existed, see § 163.3194, Fla.Stat....

...icultural or forestry products; raising live stock; or for other agricultural purposes. (emphasis supplied). It appears forestry and cattle raising activities are excluded from regulation of development pursuant to the statute and the Code. Further, section 163.3194(5) expressly states: The tax exempt status of lands classified as agricultural under s....

...Within 30 days after the two development orders were entered, the Gregorys filed a three-count complaint against the City. Count I, seeking injunctive and declaratory relief, was brought under Section 163.3215, Florida Statutes (1985), [1] and alleged that the development orders were invalid under Section 163.3194, Florida Statutes (1985), [2] because the city commission and planning commission failed to make the required factual findings regarding consistency with the comprehensive plan adopted by the City of Alachua in *207 February 1981 when the orders were enacted. Count II, also seeking injunctive and declaratory relief, was, as Count I, brought under section 163.3215 and alleged that the development orders were contrary to the provisions of section 163.3194, because the subject properties' revised zoning designations were inconsistent with the comprehensive plan, which had designated the properties as agricultural....

...ion on a development order, as defined in s. 163.3164, which materially alters the use or density or intensity of use on a particular piece of property that is not consistent with the comprehensive plan adopted under this part. (Emphasis added.) [2] Section 163.3194(1)(a) provides: 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 i...

...Constitution. The four complaints are not uniform, however, and allege that the ordinance is invalid pursuant to different provisions. Nevertheless, all four complaints assert that the ordinance is invalid under sections 125.66(6), 163.3164(22), and 163.3194(2) of the Florida Statutes....

...As the Court finds that state law is unsettled concerning whether the ordinance is invalid under these provisions, the Court need not determine whether the ordinance is ambiguous or whether discrete, unconstitutional portions of the ordinance are severable from the remainder of the document. Sections 125.66(6) and 163.3194(2) specify procedures that a county board of commissioners must observe prior to the enactment of an ordinance regulating land use....

...Based on the foregoing, the Court concludes that it is not clear that TJR Holding controls the issue whether Ord. 93-18 falls within the purview of section 125.66(6). Rather the issue is unsettled under state law. The Court reaches the same conclusion with respect to sections 163.3164(22) and 163.3194(2). Section 163.3194(2) requires that, after a comprehensive land development plan for an area has been adopted by the governing body of the area, no land development regulation shall be adopted by the body until the regulation has been referred to a local planning agency or land development regulation commission, or both, for a review and recommendation. Fla.Stat. § 163.3194(2)....

...s, and the lighting therein, regulate land development. For the reasons set out in connection with section 125.66(6), the Court finds that the issue is unsettled as a matter of state law. As the applicability of sections 125.66(6), 163.3164(22), and 163.3194(2) to Ord....

...The statute provides that after a comprehensive plan has been adopted, no land development regulation shall be adopted by the governing body until it has been referred to a local planning agency or to a separate land development regulation commission for review. § 163.3194(2), Fla....

...Appellant's interest in the properties arose from her pending real estate contract to purchase the property from the owner. In 1979, Jupiter adopted a comprehensive land use plan which designated Fullerton Island as a conservation land use. Although section 163.3194, Florida Statutes (1979), required that after the adoption of a comprehensive plan all development and land use regulations must be in conformity with the plan, Jupiter's zoning ordinance did not include any provision for development within a conservation district....

...use of the Fifth Amendment is one of them... . 482 U.S. at 321, 107 S.Ct. at 2389. We admit that this distinction is hard to apply, particularly in a case such as this where we deal with a resolution of plan consistency which is required by statute. Section 163.3194(1), Florida Statutes (1979)....

...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." § 163.3194(1)(a), Fla....

...mplied with the Village's master plan. See Machado v. Musgrove, 519 So.2d 629, 635 (Fla. 3d DCA 1987). Approval of the site plan would have constituted approval of a development order as defined by section 163.3164(8); development orders must, under section 163.3194(1)(a), comply with the master plan....

...hat these determinations constituted a departure from the essential requirements of law as outlined in Haines City Community Dev. v. Heggs, 658 So.2d 523, 528 (Fla.1995). We, therefore, grant the petition and quash the decision of the circuit court. Section 163.3194(1)(a), Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act requires, After a comprehensive plan, or element or portion thereof, has been adopted in conformity with this act, all developme...

...ed in a quasi-judicial proceeding that all applicable land use and development ordinances had been satisfied, concluded that collateral estoppel prevented appellant from again litigating the issue of compliance with those ordinances. This was error. Section 163.3194(3)(a), Florida Statutes (1997), which is also a part of the Local Government Comprehensive Planning and Land Development Regulation Act, states that "[a] development order ......

...s 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. § 163.3194(3)(a), Fla....

...However, this Court's review of the pertinent Comprehensive Plan provisions reveals nothing to suggest that an adult use would be incompatible with or fail to further the "objectives, policies, land uses, and densities or intensities in the comprehensive plan." § 163.3194(3)(a), Fla....

...The Palm Beach County Comprehensive Plan consists of both maps and text. The textual objectives, policies and goals are the controlling portion of the plan when determining a proposal's consistency with the plan; ... The trial court noted that it had considered the factors set forth in section 163.3194(4), Florida Statutes (1985) and in this court's decision in Southwest Ranches Homeowners Association, Inc....

...part of the Land Use Management System. The Plan further emphasizes that "the text portion of the Plan shall be considered equal to the map insofar as density restrictions and conditions are concerned." In Southwest Ranches we pointed out: Sections 163.3194(4)(a)-(b) of the Act permit the court to consider a broad range *694 of factors in determining consistency with a comprehensive plan: A court, in reviewing local government action on development regulations under this act, may consider, amon...

...to stricter scrutiny than the fairly debatable standard contemplates. Id. at 936. The record establishes that the trial court satisfied the stricter scrutiny requirements set forth in Southwest Ranches and that it considered the factors set forth in section 163.3194(4)(a) when it found the County's rezoning of the subject property consistent with the master plan....

...The petitioner filed a petition for writ of certiorari in the circuit court, seeking to have the board's decision quashed and the county ordered "to transmit the Comprehensive Plan Amendment to the Department of Community Affairs in accordance with Fla. Stat. § 163.3194." It also filed a six-count complaint against the county seeking, inter alia, a declaration that a plan amendment should not have been required (Circuit Court Case Number 95-121CA), and a federal suit seeking a determination that ordinanc...

...According to Defendants, the City's population increases by almost one-hundred percent (100%) during tourist season due to increased occupancy of hotels, *1313 motels, apartments, and other short-term rentals. The City has adopted a Comprehensive Plan pursuant to Section 163.3194, Florida Statutes, which is implemented via the City's Land Development Regulations (the "LDR"), codified at Part II of the City's Code of Ordinances (the "Code")....

...a declaration of rights at all. See id. at 583. Pursuant to Florida Statutes Chapter 163 governing comprehensive plans, any "development order" issued by a local government must be consistent with that local government's comprehensive land use plan. § 163.3194(1)(a), Fla. Stat. (2009). The Act is to be "construed broadly to accomplish its stated purposes and objectives." § 163.3194(4)(b)....

...d 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. § 163.3194(1)(a), Fla....

...We conduct our review de novo, as no disputed facts play into our decision. See Dixon v. City of Jacksonville, 774 So.2d 763, 765 (Fla. 1st DCA 2000). By statute, a local government may not authorize any development that would be inconsistent with the applicable comprehensive plan. § 163.3194(1)(a), Fla....

...e 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.... § 163.3194(3)(a), Fla....

...Under the statute, a reviewing court will evaluate consistency "by reference to `the objectives, policies, land uses, and densities and intensities in the comprehensive plan,' itself." Buck Lake Alliance, Inc. v. Bd. of County Comm'rs of Leon County, 765 So.2d 124, 127 (Fla. 1st DCA 2000) (quoting § 163.3194(3)(a), Fla....

...ed future general distribution, location, and extent of countywide land uses. See § 163.3177(6)(a), Fla. Stat. (1990). Upon the adoption of the comprehensive plan, all future development within the County had to be in conformance with the plan. See § 163.3194(l)(a)....

...Concrete, Inc. v. Lakes at La Paz III Ltd. P’ship, 758 So.2d 1214, 1217 (Fla. 4th DCA 2000). We employ a de novo standard of review for final summary judgments. See Pilot Constr. Servs., Inc., 111 So.3d at 957 . In the context of land development, section 163.3194(3), defines consistency as: (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.o...

...ture [.]" (Emphasis added.) Additionally, after a comprehensive plan has been adopted, all development undertaken by "governmental agencies in regard to land covered by such plan or elements shall be consistent with such plan or element as adopted." § 163.3194(1)(a), Fla....

...3d DCA 1987), review denied, 529 So.2d 694 (Fla. 1988); and City of Cape Canaveral v. Mosher, 467 So.2d 468 (Fla. 5th DCA 1985). The following passage from Mosher is particularly instructive: A comprehensive land use plan legislatively sets a zoning norm for each zone. Under Section 163.3194(1) Fla....

...McCormick & Sons v. Jacksonville, 559 So.2d 252 (Fla. 1st DCA 1990); Southwest Ranches Homeowners Ass'n. v. County of Broward, 502 So.2d 931 (Fla. 4th DCA 1987); City of Cape Canaveral v. Mosher, 467 So.2d 468 (Fla. 5th DCA 1985) (Cowart, J., concurring). [13] Section 163.3194(1)(b), Fla....

...U.L.Rev. 499, 505 (1980). [16] B.B. McCormick & Sons v. Jacksonville, 559 So.2d 252 (Fla. 1st DCA 1990); Hillsborough County v. Putney, 495 So.2d 224 (Fla. 2d DCA 1986). [17] Palm Beach County v. Allen Morris Co., 547 So.2d 690 (Fla. 4th DCA 1989). § 163.3194(3)(a) defines consistency as: [I]f 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 inten...

...On July 18, 2002, the trial court entered an order on the cross motions for summary judgment on the declaratory judgment complaint, granting Vacation Beach's motion and denying the City's motion. [5] The lower court invalidated the amendments on the ground that they violated section 163.3194(2), Florida Statutes, requiring amendments to land use regulations to be referred to the local planning *723 board prior to adoption by the governing body....

...On August 20, 2002, the City appealed the order on cross motions for summary judgment to this court. In City of Cocoa Beach v. Vacation Beach, Inc., 852 So.2d 358 (Fla. 5th DCA 2003), this court reversed and remanded. This court held that the charter amendments were not invalid under section 163.3194(2), but remanded because there were other grounds asserted below which were not addressed in the lower court's order nor on appeal which would have to be resolved on remand....

...We note that state law defines a "development order" as "any order granting, denying, or granting with conditions an application for a development permit." § 163.3164(7), Fla. Stat. Development orders must be consistent with the local government's comprehensive plan. § 163.3194(3)(a), Fla....

...We have further held that a development order is considered consistent with a comprehensive plan where the "`land uses ... and other aspects of ... [the] order ... are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan...." Id. (quoting § 163.3194(3)(a), Fla....

...t 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." § 163.3194(4)(a), Fla....

...an. (Pages 1, 9, 10 and 18 of the Official Transcript of Administrative Hearing January 27, 1992, pp. 48-52, Appendix to Town's initial memo.) The state hearing officer decided that the IOZ Ordinances were not land development regulations subject to § 163.3194 and that they were consistent with the Town's comprehensive plan....

...Thereafter, cross-motions for summary judgment were filed and the lower court granted Appellee's motion and denied City's motion. The sole issue presented in this appeal is whether the charter amendments comply with the provisions of Florida's Growth Management Act, specifically section 163.3194(2), Florida Statutes (2001), which provides in pertinent part as follows: 163.3194....

...rter could be amended. City acknowledges that the amendments were not submitted to the local planning agency for review, but urges that, because the amendments are to the charter, and not to any "land development regulation," they are not subject to section 163.3194(2)....

...An "ordinance" is legislative action of the governing body. § 166.041(1)(a), Fla. Stat. (2001); City of Miami v. Rosen, 151 Fla. 677, 10 So.2d 307 (1942). "Governing body" in this case is the city council. § 163.3164(9), Fla. Stat. (2001). Our inquiry does not end here, however, because section 163.3194(2) also applies to amendments to land development regulations....

...approval of—and even in the face of vehement objection from—the governing body. Thus, we conclude that, because these amendments to the land development regulations were not "adopted by the governing body," the lower court erred in concluding that section 163.3194(2) had been violated. We emphasize that our decision today addresses a very specific issue. We hold that the charter amendments are not invalid under section 163.3194(2)....

...ppeal; therefore, we leave their resolution to the trial court on remand. [1] REVERSED and REMANDED. PALMER, J., concurs. THOMPSON, J., concurs in result only. NOTES [1] For example, we have not addressed the validity of the charter amendments under section 163.3194(1)(b) of the Growth Management Act, which prohibits amendments to "land development regulations," if such amendments are inconsistent with the comprehensive plan....

...te clear from these definitions that the coverage of the Local Government Comprehensive Planning Act includes the issuance of building permits for construction and any construction undertaken within the jurisdictional boundaries of the municipality. Section 163.3194 , F....

...he adopted comprehensive plan or element or portion thereof. (Emphasis supplied.) Land development regulations include any local government zoning, subdivision, building and construction, or other regulations controlling the development of land. See s. 163.3194 (2)(b), F....

...ers within an area. It is the intent of this act that the adoption and enforcement by a governing body of regulations for the development of land or the adoption and enforcement by a governing body of a land development code, as defined in paragraph 163.3194 (2)(b), for an area shall be based on, related to, and a means of implementation for an adopted comprehensive plan as required by this act. Paragraph (2)(b) of s. 163.3194 , F....

...nt with the comprehensive plan adopted under this part. § 163.3215(1), Fla. Stat. (2001). Next, our analysis of the pertinent provisions of section 163.3164, Florida Statutes (2001), reveals that a building permit is a "development order." Finally, section 163.3194(1)(a), Florida Statutes (2001), requires that once a comprehensive plan has been adopted, "all development undertaken *209 by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered...

its development actions by that master plan. Section 163.3194(1), Florida Statutes (1983) provides: After

...specified others. Id. (6)(g). • Intergovernmental coordination. Id. (6)(h). 4 All development on land covered by a local government’s comprehensive plan, and all action taken by the government regarding that development, must comport with the plan. § 163.3194(1)(a), Fla....

...as a reasonable antecedent to the clause. But we cannot. Elsewhere in the Act, we see that the primary purpose of a comprehensive plan is to control government action regarding development and ensure that such action is entirely consistent with that plan. See § 163.3194(1)(a), Fla....

...the Community Planning Act, of which the provision is a part. The Act in several places makes clear that it has a purpose to ensure that local development is in strict and complete compliance with a duly adopted comprehensive plan. See § 163.3161(6), (8), Fla. Stat.; § 163.3194(1)(a), Fla....

...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. § 163.3194(3)(a), Fla....

...Such a review also puts on the table the reasonableness of the plan or 14  So, while section 163.3215 limits a cognizable challenge to a development order that, at a minimum, alters use, density, or intensity of use, the Act as a whole (and section 163.3194(3)(a) in particular) essentially precludes the trial court from completing its de novo review for consistency without considering all of what is permitted by the order and determining whether the local government acted with respect to the order in a manner that is entirely consistent with the plan....

...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)....

...In just this one example (and there are others), we see how the Act interweaves aspects of use, density, and intensity of use into other aspects of a comprehensive plan. A trial court could not assess those aspects in isolation in a de novo review and still make the complete-consistency determination expected in section 163.3194(3)(a)....

...This further confirms our conclusion that claims of inconsistency with those other aspects remain relevant and cognizable and must be considered in the de novo review. any of its elements, to the extent it relates to the government action at issue. See § 163.3194(4)(a), Fla....

conformity with this act." (e.s.) Similarly, section 163.3194(1)(a), Florida Statutes, provides that, after

through the evaluation and appraisal report. Section 163.3194 contains a provision on the legal status of

...Appellants argued that the sale of the excavated material on the open markets without any controls, runs afoul of the comprehensive plan. Because any development order issued by a local government "shall be consistent" with the comprehensive plan, appellants sought to have the development order quashed. § 163.3194(1)(a), Fla....

...(e), Florida Statutes. Petitioner does not challenge the propriety of the adoption of the Public School Facilities Element. The CPP also includes a Future Land Use Element. Petitioner does not challenge the propriety of the adoption of this element. Section 163.3194(l)(a), Florida Statutes, part of the Local Government Comprehensive Planning and Land Development Regulation Act, requires that After a comprehensive plan, or element or portion thereof, has been adopted in conformity with this act,...

...nty Development Code (hereinafter the Development Code), which implements the Plan. Chapter 163, Florida Statutes, specifically requires that the "comprehensive plan set general guidelines and principles concerning its purposes and contents . . . ." § 163.3194(4)(b), Fla....

...ration of rights at all. See id. at 583 . Pursuant to Florida Statutes Chapter 163 governing comprehensive plans, any “development order” issued by a local government must be consistent with that local government’s comprehensive land use plan. § 163.3194(l)(a), Fla. Stat. (2009). The Act is to be “construed broadly to accomplish its stated purposes and objectives .” § 163.3194(4)(b)....

...It does not prohibit particular tower designs. Thus, specialized knowledge could shed no further light on the matter. Goal 4.4 is directed to eliminating nonconforming uses. The property is designated as residential in the land uses, which are part of the comprehensive plan. § 163.3194(3)(a), Fla....

...2d 124, 127 (Fla. 1st DCA 2000) (holding that compliance with the comprehensive plan is to be determined by reference to “the objectives, policies, land uses, and densities and intensities in the comprehensive plan,” not the implementing ordinances (quoting § 163.3194(3)(a), Fla....

...It does not prohibit particular tower designs. Thus, specialized knowledge could shed no further light on the matter. Goal 4.4 is directed to eliminating nonconforming uses. The property is designated as residential in the land uses, which are part of the comprehensive plan. § 163.3194(3)(a), Fla....

..., 765 So.2d 124 , 127 (Fla. 1st DCA 2000) (holding that compliance with the comprehensive plan is to be determined by reference to "the objectives, policies, land uses, and densities and intensities in the comprehensive plan," not the implementing ordinances (quoting § 163.3194(3)(a), Fla....

...In Count I of their second amended complaint, Pinellas County alleged that Gulfport is “precluded from enacting land development regulations or taking action in regard to development orders which are not consistent with the lawfully and properly adopted comprehensive plan by Section 163.3194, Florida Statutes.” Pinellas County has alleged that under section 171.062, Florida Statutes (1981), the county had the right to approve zoning changes for two years after annexation .of the property by the municipality....

Attorney General 1 Section 163.3161(5), F.S. 2 Section 163.3194(1), F.S., which provides for the legal status

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

. Section 163.3187, Fla.Stat. (1987). . Section 163.3194(l)(b), Fla.Stat. (1987). . Palm Beach County

...Where, as here, a Comprehensive Land-Use Plan has been adopted, “‘all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such plan’ must be consistent with that plan.” Id. at 421 (quoting § 163.3194(1)(a), Fla....

...atutes (2011). Because we find no preemption on the facts of this case, we reverse. This case involves the interplay of section 163.3215, Florida Statutes (2011), and sections 403.501-.518. Hendry County has adopted a comprehensive development plan. Section 163.3194(l)(a) provides that once a comprehensive plan has been adopted, all development undertaken and all actions taken in regard to development must be consistent with that comprehensive plan....

...mission put the uses allowed by the comprehensive plan ahead of the zoning. It therefore appears that the city’s attitude toward development in the area is consistent with the goals and purposes of the Comprehensive Land Use Act, which provides in section 163.3194(1), Florida Statutes (1981): 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...

adopted in conformity with this act. Section 163.3194, F.S., which establishes the legal status

allowable residential dwelling units? 2. Is section 163.3194(1)(a) or section 163.3231, Florida Statutes

...Walton County Comprehensive Plan. (emphases supplied). By declaring that the 1984 Agreement entitled SDI to make non-substantial deviations “without requiring review for consistency with the Comprehensive Plan,” the County misstated the law. See § 163.3194(1)(a), Fla....

...subject to “conditions of approval.” See § 380.06(19)(f)6., Fla. Stat. (2001). “All development” and “all actions taken in regard to development orders” “shall be consistent” 27  with the comprehensive plan. See § 163.3194(1)(a), Fla. Stat....

becomes effective within the jurisdiction. Section 163.3194(1), F. S., provides that `[a]fter a comprehensive

...The petitioner filed a petition for writ of certiorari in the circuit court, seeking to have the board’s decision quashed and the county ordered “to transmit the Comprehensive Plan Amendment to the Department of Community Affairs in accordance with Fla. Stat. § 163.3194 .” It also filed a six-count complaint against the county seeking, inter alia, a declaration that a plan amendment should not have been required (Circuit Court Case Number 95-121 CA), and a federal suit seeking a determination that ordi...

...The staff recommended approval nonetheless and the county board in its development order (resolution no. CZAB2-3-99) followed the staffs recommendation. The order thus permits a commercial use (the facility's parking) on residentially planned property in violation of section 163.3194(1)(a), Florida Statutes (1999)....

...Our analysis of this "fundamental fairness" argument begins with Machado v. Musgrove, 519 So.2d 629 (Fla. 3d DCA 1987), wherein this court dealt with the supremacy of land use planning over zoning. In Machado, Dade County and the property owners therein unsuccessfully argued that section 163.3194(4)(a) of the Act required land use plans to be flexibly applied, rather than—as this court concluded —strictly applied. Section 163.3194(4)(a) may be found in Machado, at footnote 6....

...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." [e.s.] As to section 163.3194(4)(a), this court stated, at 635: "We read the provision, in context, as a recognition of the court's inherent power to take into account fundamental fairness questions as may arise from a strict application of the plan—not as a lic...

...parking ( non-commercial parking in zones more restrictive than in which the use it serves is located) .... "[e.s.] This will be discussed infra. [7] Of course, all actions taken in regard to development orders, not just special exceptions and unusual uses, "shall be consistent with such plan ...." § 163.3194(1)(a), Fla....

municipalities. 7 See, AGO's 86-34 and 85-71. 8 Section 163.3194(1)(a), F.S., providing that "[a]fter a comprehensive

...“Once a comprehensive plan has been adopted pursuant to Chapter 163, Part II, ‘all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such plan’ must be consistent with that plan.” Id. at 421 (quoting § 163.3194(l)(a), Fla....

...ed. Intervenors argued below, and on appeal, that a Bert Harris Act settlement agreement can never authorize development inconsistent with the local government’s existing comprehensive plan because this would violate the Growth Management Act. See § 163.3194(l)(a), *316 Fla....