Authority to Regulate Land – Giving Power and Responsibility

UPDATED TO REFLECT 2011 LEGISLATIVE AMENDMENTS.

Unlike many other states, the State of Florida not only gives local governments (cities and counties) the authority to regulate land use and development, it requires it. Section 163.3167(1), Florida Statutes, states: “The several incorporated municipalities and counties shall have power and responsibility:

• To plan for their future development and growth.
• To adopt and amend comprehensive plans, or elements or portions thereof, to guide their future development and growth.
• To implement adopted or amended comprehensive plans by the adoption of appropriate land development regulations or elements thereof.
• To establish, support, and maintain administrative instruments and procedures to carry out the provisions and purposes of this act.”

The details of this power and responsibility are laid out in two key parts of the statutes –

• The Community Planning Act (§§163.2511 – 163.3248, Florida Statutes) (a link will be provided when the 2011 amendments are integrated into the statutues in the near future); and
• The Florida Environmental Land and Water Management Act of 1972 (§§380.012, 380.021, 380.031, 380.04, 380.05, 380.06 (DRIs), 380.07, and 380.08, Florida Statutes) (a link will be provided when the 2011 amendments are integrated into the statutues in the near future)

and supported by the Florida State Comprehensive Planning Act of 1972 (§§ 186.001-186.031 and 186.801-186.901, Florida Statutes), which addresses state comprehensive planning.

 The authority to regulate the divisions of land is addressed in Platting – §177.011, Florida Statutes.