HomeMy WebLinkAboutSubmittal-Tucker Gibbs-2016 Florida Statutes 163.3194X17 Chapter 163 Section 3194 - 2016 Florida Statutes - The Florida Senate
The Florida Senate Submitted into the pubis
record f itc s)
2016 Florida Statutes on City Clerk
Title XI I Chapter 163 SECTION 3194
COUNTY ORGANIZATION AND •:. INTERGOVERNMENTAL :Legal status of comprehensive plan.
INTERGOVERNMENTAL PROGRAMS
RELATIONS j
fI Entire Chapter
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 ac 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 &e consistent with such plan or element as adopted.
(b) All land vPlnp reettlations enacted or amended shall be consistent with the adopted comprehensive
p1t, 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 S
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consistent. Ea 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 governmente9f1
adopt a schedule for bring the land development regulation to go formity with the pro3dsinns of the most
r adgFted rnm= rPhP=c;v�lan. or element or portion thereoF�uring 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.
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(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
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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
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as to the relationship of such proposal to the adopted comprehensive plan, or element or portion thereof. Said
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recommendation shall be made within a reasonable time, but no later than within 2 months after the time of reference.
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If a recommendation is not made within the time provided, then the governing body may act on the adoption.
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(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
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and if it meets all other criteria enumerated by the local government.
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(4)(a) A court, in reviewing local governmental action or development regulations under this act, may consider,
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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
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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
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comprehensive plan adopted under this act as long as the land meets the criteria set forth in s. 193.461.
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A7 Chapter 163 Section 3194 - 2016 Florida Statutes - The Florida Senate
(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.
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Copyright O 2000- 2017 State of Florida.
Submitted into the public
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http:/Iwww.fisenate.gov/Laws/Statutes/2016/163.3194 '�'