Florida Statutes
Fla. Stat. § 163.3197 (2025)
Legal status of prior comprehensive plan.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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163.3197 Legal status of prior comprehensive plan.—Where, prior to the adoption of a revised plan pursuant to s. 163.3167(2), a local government had adopted a comprehensive plan, or element or portion thereof, such adopted plan, or element or portion thereof, shall have such force and effect as it had at the date of adoption until a new comprehensive plan, or element or portion thereof, is adopted by or for such local government pursuant to the provisions of this act. The prior adopted plan, or element or portion thereof, may be the basis for meeting the requirement of comprehensive plan adoption set out in this act, provided all requirements of this act are met.
Notes of Decisions
Cited in 3
cases, 1983–1998 · leading case: Gardens Country Club, Inc. v. PALM BEACH CTY., 590 So. 2d 488 (Fla. 4th DCA 1991).
Gardens Country Club, Inc. v. PALM BEACH CTY., 590 So. 2d 488 (Fla. 4th DCA 1991). “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 adoption until a new revised…”
Franklin Cnty. v. Leisure Props., Ltd., 430 So. 2d 475 (Fla. 1st DCA 1983). “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…”
Gardens Country Club, Inc. v. Palm Beach Cnty., 712 So. 2d 398 (Fla. 4th DCA 1998). “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…”
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