Tag Archives: 163.3191

Evaluation and appraisal review (§163.3191, F.S.)

This is a review of §163.3191, F.S., as amended in 2011 (by section 20 of Florida HB 7207, chapter 2011-139, Laws of Florida (2011)). In this review, the language of the statute may be summarized, paraphrased, re-ordered, and/or reformatted, so refer to the full language of the bill or the official Florida Statutes for the actual statutory provisions. See here – Evaluation and appraisal review – for an unofficial version of the language from the bills integrated into the previous statute provisions.

  • This section was completely rewritten, with almost all of the previous provisions deleted. The new provisions shift the evaluation and appraisal process from a formal mandated audit report scrutinized by the state land planning agency to a less formal review of whether changes are needed to meet state law and to reflect the local assessment of needed changes.
  • At least once every 7 years, each local government must evaluate its comprehensive plan to determine if plan amendments are necessary to reflect changes in state requirements and notify the state land planning agency of its determination. (§163.3191(1), F.S.)
  • If the determination is that plan amendments are necessary, the local government must prepare and transmit the needed plan amendments for review, pursuant to §163.3184, within one year. (§163.3191(2), F.S.)
  • If a local government fails to submit its evaluation letter or update its plan within the timeframes, it may not amend its comprehensive plan until it complies with these requirements. (§163.3191(4), F.S.)
  • Local governments are encouraged to comprehensively evaluate and, as necessary, update comprehensive plans to reflect changes in local conditions. (§163.3191(3), F.S.)
  • The statute prohibits the state land planning agency from adopting rules to implement this section, other than procedural rules or a schedule indicating when local governments must comply with the requirements of the section. (§163.3191(5), F.S.)
  • All local governments are governed by these revised provisions, notwithstanding a local government’s previous failure to timely adopt its evaluation and appraisal report or evaluation and appraisal report-based amendments by the due dates previously established by the state land planning agency. (§ 75, HB 7207)
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2011 Revisions to Florida’s Planning/Development Regulation Acts

NOTE: See the Summary of 2012 Florida Legislative Changes Related to Land Development Regulations article for information on 2012 legislative changes.

Governor Scott signed House Bill 7207 on June 2, 2011, which is the bill that makes the largest number of changes to Florida’s growth management statutes (and administrative rules). This bill, with several others, makes the broadest and most significant changes to Florida’s growth management/planning/land development statutes seen in over twenty-five years.

Click this link – HB 7207 enrolled– for a PDF copy of House Bill 7207 and here – Chapter 2011-139 Laws of Florida – for the official Laws of Florida version. Be warned – they are long and may take a while to load.

Other bills also make changes to chapters 163 and 380, F.S., the two major planning/development regulation chapters. These other bills are:

The bills also include other provisions that have nothing to do with chapters 163 or 380, so you may need to do some wading to find what you are looking for.

I have written an overall summary review of some of the major changes to the growth management laws and individual reviews of the sections of Part II of chapter 163 with major changes. Click the links below for the review articles:

This is a list of the sections of Part II of chapter 163, F.S., with the status of the sections under the legislative changes and related review articles available.