CopyCited 11 times | Published | Florida 1st District Court of Appeal
...The summary judgment on Count III invalidated the moratoria as unauthorized by statute, lacking in procedural compliance with the applicable statutes, and unreasonable. We disagree with the trial court that the moratoria were unauthorized by statute, because section 163.3197, Florida Statutes, in our view does not prevent a local government from enacting a moratorium *481 while it is adopting a new comprehensive plan pursuant to the Local Government Comprehensive Planning Act....
...A local government may be confronted with the need to amend its current plan prior to the adoption of a new plan in order to prevent the establishment of undesirable construction which would be inconsistent with the goals of the new plan. Nothing in section 163.3197 prohibits such an amendment....
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Cited as authorityCoffield (2009)phrase: "rule_authority"
Cited as authorityLyon (2000)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1998 WL 113568
...lication for rezoning and special exception was in compliance with existing regulations." (Emphasis added). Id. at 489-90. The trial court entered judgment in favor of the County, but this court reversed, holding that ordinance 89-10 conflicted with section 163.3197, Florida Statutes (1989), which provides that an existing comprehensive plan shall continue to have the same force and effect that it had on the date of its adoption until the local government adopts a new revised comprehensive plan, pursuant to the Local Government Comprehensive Planning Act....
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Cited as authorityBennett (2015)phrase: "rule_authority"
Cited as authorityEisenberg (2014)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1991 WL 254555
...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. Section 163.3197, Florida Statutes (1989), also expressly provides that where, prior to the adoption of a revised plan, a local government has adopted a comprehensive plan, that plan shall have such force and effect as it had at the date of its adopt...
...1983): A local government may be confronted with the need to amend its current plan prior to the adoption of a new plan in order to prevent the establishment of undesirable construction which would be inconsistent with the goals of the new plan. Nothing in section 163.3197 prohibits such an amendment....
...lution of April 6, 1989, directing staff to defer any application not consistent with the contemplated 1989 Comprehensive Plan. Furthermore, ordinance 89-10 was ineffective as a zoning ordinance to the extent that it conflicts with the provisions of section 163.3197, a state statute....
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Cited as authorityLake (2021)phrase: "rule_authority"
