CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 203, 2003 WL 104575
...ts developer's agreement with Florida Rock, because it is no longer the local government that has jurisdiction over Florida Rock's property. The authorization for local governments to enter into development agreements with developers is statutory. §§ 163.3220.3243, Fla....
...ion (1) that a municipality shall exercise authority under the act "for the total area under its jurisdiction," and in subsection (2) that a county shall exercise authority "for the total unincorporated area under its jurisdiction "(emphasis added). Section 163.3220(3) expressly requires the laws authorizing development agreements to conform to, further, and implement the aforementioned Local Government Comprehensive Planning and Land Development Regulation Act. Section 163.3220(5) affirms that the laws authorizing development agreements are not in derogation of any existing powers....
CopyPublished | Florida 4th District Court of Appeal
...legally blind resident
living within one mile of Dania Jai Alai. The complaint sought a
declaration that the 2011 development agreement was void because the
City failed to comply with the Florida Local Government Development
Agreement Act, sections 163.3220–163.3243, Florida Statutes (2011)....
...executed by the City and the DEC. The County was not a party to the
second amended agreement.
After the City’s approval, CFRD and Simpson amended their complaint
to allege the City ignored three sets of development laws: (1) the
Development Agreement Act, sections 163.3220–163.3243, Florida
1
The 2011 plat note amendment added several approved uses, including an
additional 15 acres of pari-mutuel facility which could include 500 hotel rooms,
60 marina slips, and 45,000 square feet of commercial use....
...or failure to comply with the
notice provisions of the Florida Local Government Development Agreement
Act. §
163.3225, Fla. Stat. The City maintains that the statute does not
apply. After carefully reviewing the record and the statute, I agree.
Section
163.3220, Florida Statutes, provides in part:
(3) ....
...use of resources, and
reduce the economic cost of development.
(4) This intent is effected by authorizing local governments to
enter into development agreements with developers, subject
to the procedures and requirements of ss.
163.3220-
163.3243.
(5) Sections
163.3220-163.3243 shall be regarded as
supplemental and additional to the powers conferred upon local
governments by other laws and shall not be regarded as in
derogation of any powers now existing.
(Emphasis supplied.). It appears that a local government does not have to
adopt the provisions of the act. Section
163.3223, Florida Statutes, states:
Any local government may, by ordinance, establish
procedures and requirements, as provided in ss.
163.3220-
163.3243, to consider and enter into a development
agreement with any person having a legal or equitable interest
in real property located within its jurisdiction.
16
(Emphasis supplied.)....
...Thus, the notice provisions under the act in section
163.3225, which appellants contend the City violated, do not apply if the
City did not adopt the provisions and provide for developer agreements.
There is nothing in the record to show that the City has adopted the
statute, making section
163.3220 et seq....
...or failure to comply with the
notice provisions of the Florida Local Government Development Agreement
Act. §
163.3225, Fla. Stat. The City maintains that the statute does not
apply. After carefully reviewing the record and the statute, I agree.
Section
163.3220, Florida Statutes, provides in part:
(3) ....
...reduce the economic cost of development.
23
(4) This intent is effected by authorizing local governments to
enter into development agreements with developers, subject
to the procedures and requirements of ss.
163.3220-
163.3243.
(5) Sections
163.3220-163.3243 shall be regarded as
supplemental and additional to the powers conferred upon local
governments by other laws and shall not be regarded as in
derogation of any powers now existing.
(Emphasis supplied.). It appears that a local government does not have to
adopt the provisions of the act. Section
163.3223, Florida Statutes, states:
Any local government may, by ordinance, establish
procedures and requirements, as provided in ss.
163.3220-
163.3243, to consider and enter into a development
agreement with any person having a legal or equitable interest
in real property located within its jurisdiction.
(Emphasis supplied.)....
...Thus, the notice provisions under the act in section
163.3225, which appellants contend the City violated, do not apply if the
City did not adopt the provisions and provide for developer agreements.
There is nothing in the record to show that the City has adopted the
statute, making section
163.3220 et seq....
CopyPublished | Florida 1st District Court of Appeal
...declaratory relief . . . and related injunctive relief.” Osborne alleged
that Revised Ordinance 2017-12 is void ab initio because the
County did not send notice “via mail as required by [the Florida
Local Government Development Agreement Act, §§
163.3220—
163.3243, Fla....
...County’s consideration of Revised Ordinance 2017-12 because
“[n]either the Sandestin DRI, nor any of the amendments to it,
were applied for or approved as Development Agreements
pursuant to [The Florida Local Government Development
Agreement Act, §§ 163.3220–163.3243, Fla....
...pel
and vested rights common law principles. The regulatory freeze
23
reduces development risks, protects the value of a project, and
enables a developer to more accurately assess project costs.”).
Sections
163.3220 and
163.3223 grant “broad authority” for
local governments to enter into development agreements. See
§
163.3220(3), Fla....
...the intent of the Legislature to encourage a stronger commitment
to comprehensive and capital facilities planning, ensure the
provision of adequate public facilities for development, encourage
the efficient use of resources, and reduce the economic cost of
development.”); §
163.3220(4), Fla. Stat. (2017) (“This intent is
effected by authorizing local governments to enter into
development agreements with developers, subject to the
procedures and requirements of ss.
163.3220-163.3243.”);
§
163.3223, Fla. Stat. (2017) (“Any local government may, by
ordinance, establish procedures and requirements, as provided in
ss.
163.3220-163.3243, to consider and enter into a development
agreement with any person having a legal or equitable interest in
real property located within its jurisdiction.”); James R....
...Governmental Approval, in FLA. ENV’T. AND LAND USE L., Vol. II,
Ch. 18 (1994) (“It should be noted that as in some other states the
Florida Legislature has granted broad authority to local
governments to enter into ‘development agreements’ with
developers. F.S. 163.3220 encourages this type of ‘agreement’
which may be indistinguishable from the outlawed contract
zoning.” (emphasis supplied)); see, e.g., Leon Cnty....
...Gluesenkamp,
873 So. 2d 460, 461 (Fla. 1st DCA 2004) (discussing the terms of a
development agreement).
The statutory authority for local governments to enter into
development agreements supplements rather than supplants
other authorities. See §
163.3220(5), Fla. Stat. (“Sections
163.3220-
163.3243 shall be regarded as supplemental and additional to the
powers conferred upon local governments by other laws and shall
not be regarded as in derogation of any powers now existing.”).
In addition to the general public notice...
...process which has been said to encourage such compromise and
informal settlement of issues.” (emphasis supplied)).
Even though section
380.032(3) does not expressly use the
phrase “development agreement,” that appears to be what the
provision contemplates. Compare §
163.3220(4), Fla. Stat. (2017)
31
(“This intent is effected by authorizing local governments to enter
into development agreements with developers, subject to the
procedures and requirements of ss.
163.3220-163.3243.”) with
§
380.032(3), Fla....
...Act of 1972”); Ch. 77-215, § 1, Laws of Fla. (creating section
380.032(3) as part of “The Florida Environmental Land and Water
Management Act of 1972”).
Thus, contrary to SDI’s misrepresentations of law, state and
local governments can rely on sections
163.3220 and
380.032,
Florida Statutes, to execute development agreements with
developers whose development rights are controlled by a DRI DO.
IV
A
The trial court erroneously c...
