• TABLE OF CONTENTS
HIDE
 Copyright
 Title Page
 Acknowledgement
 Table of Contents
 Introduction
 General land use control authority...
 Land use control authority in Florida...
 Selected bibliography
 Appendix






Group Title: Agricultural economics report - Department of Agricultural Economics, University of Florida - EC 67-5
Title: Zoning & land use control authority in Florida counties
CITATION PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00071983/00001
 Material Information
Title: Zoning & land use control authority in Florida counties
Physical Description: 143 p. : maps ; 28 cm.
Language: English
Creator: Covey, Charles D ( Charles Dean ), 1922-
University of Florida -- Agricultural Experiment Station
Publisher: Dept. of Agricultural Economics, Agricultural Experiment Stations, Institute of Food and Agricultural Sciences, University of Fla.
Place of Publication: Gainesville, Fla.
Publication Date: 1967
 Subjects
Subject: Zoning law -- Florida   ( lcsh )
Regional planning -- Law and legislation -- Florida   ( lcsh )
Land use -- Law and legislation -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
non-fiction   ( marcgt )
 Notes
Statement of Responsibility: C.D. Covey.
General Note: Agricultural economics report - Department of Agricultural Economics, University of Florida - EC 67-5
General Note: "January 1967."
General Note: Includes bibliographical references (p. 45-46).
 Record Information
Bibliographic ID: UF00071983
Volume ID: VID00001
Source Institution: Marston Science Library, George A. Smathers Libraries, University of Florida
Holding Location: Florida Agricultural Experiment Station, Florida Cooperative Extension Service, Florida Department of Agriculture and Consumer Services, and the Engineering and Industrial Experiment Station; Institute for Food and Agricultural Services (IFAS), University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 22298916

Table of Contents
    Copyright
        Copyright
    Title Page
        Page i
    Acknowledgement
        Page ii
    Table of Contents
        Page iii
    Introduction
        Page 1
        Page 2
        Purpose of the study
            Page 3
        Method of the study
            Page 4
        Limitations
            Page 5
    General land use control authority in Florida
        Page 6
        City zoning
            Page 6
        Airport zoning
            Page 7
        Location of liquor stores
            Page 7
        Junk yards
            Page 7
        Deed restrictions and convenants
            Page 7
        Subdivision control authority
            Page 8
        Planning authority
            Page 9
        Regional planning authority
            Page 9
            Page 10
        County planning
            Page 11
    Land use control authority in Florida counties
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
        Page 37
        Page 38
        Page 39
        Page 40
        Page 41
        Page 42
        Page 43
        Page 44
    Selected bibliography
        Page 45
        Page 46
    Appendix
        Page 47
        Page 48
        Page 49
        Page 50
        Page 51
        Page 52
        Page 53
        Page 54
        Page 55
        Page 56
        Page 57
        Page 58
        Page 59
        Page 60
        Page 61
        Page 62
        Page 63
        Page 64
        Page 65
        Page 66
        Page 67
        Page 68
        Page 69
        Page 70
        Page 71
        Page 72
        Page 73
        Page 74
        Page 75
        Page 76
        Page 77
        Page 78
        Page 79
        Page 80
        Page 81
        Page 82
        Page 83
        Page 84
        Page 85
        Page 86
        Page 87
        Page 88
        Page 89
        Page 90
        Page 91
        Page 92
        Page 93
        Page 94
        Page 95
        Page 96
        Page 97
        Page 98
        Page 99
        Page 100
        Page 101
        Page 102
        Page 103
        Page 104
        Page 105
        Page 106
        Page 107
        Page 108
        Page 109
        Page 110
        Page 111
        Page 112
        Page 113
        Page 114
        Page 115
        Page 116
        Page 117
        Page 118
        Page 119
        Page 120
        Page 121
        Page 122
        Page 123
        Page 124
        Page 125
        Page 126
        Page 127
        Page 128
        Page 129
        Page 130
        Page 131
        Page 132
        Page 133
        Page 134
        Page 135
        Page 136
        Page 137
        Page 138
        Page 139
        Page 140
        Page 141
        Page 142
        Page 143
Full Text





HISTORIC NOTE


The publications in this collection do
not reflect current scientific knowledge
or recommendations. These texts
represent the historic publishing
record of the Institute for Food and
Agricultural Sciences and should be
used only to trace the historic work of
the Institute and its staff. Current IFAS
research may be found on the
Electronic Data Information Source
(EDIS)

site maintained by the Florida
Cooperative Extension Service.






Copyright 2005, Board of Trustees, University
of Florida







































































r.


- --
''' I'!
i *--.





















ACKNOWLEDGMENTS


The author wishes to express appreciation to Professors
W. K. McPherson, C. E. Murphree, and J. R. Greenman for their
constructive comments on this report. Mr. James S. Wershow,
Attorney, also provided numerous helpful comments. Thanks go
to Mr. R. P. Hill for his support and counsel during the
formative stage of the project.

To the many county officials who spent countless hours
discussing local zoning problems, the author is deeply grateful.






















TABLE OF CONTENTS


Page


ACKNOWLEDGMENTS . . . . .


INTRODUCTION . . . . .


Purpose of the Study . .
Method of the Study . .
Limitations . . .


GENERAL LAND USE CONTROL AUTHORITY IN FLORIDA .


City Zoning . . .
Airport Zoning. . .
Location of Liquor Stores .
Junk Yards. . . .
Deed Restrictions and Covenants .
Subdivision Control Authority .
Planning Authority. . .
Regional Planning Authority .
County Planning . . .


LAND USE CONTROL AUTHORITY IN FLORIDA COUNTIES .


SELECTED BIBLIOGRAPHY . . .. .


APPENDIX . . . . .


. .









r















ZONING AND LAND USE CONTROL AUTHORITY
IN FLORIDA COUNTIES
by

C. D. Covey 1/


INTRODUCTION

Zoning and other forms of land use control as utilized today are
viewed as legal uses of the police power of the state. The police
power is generally defined as the power of government, usually state
and local, to restrict personal liberties and property rights in pro-
tecting the health, welfare, morals, and safety of the community at
large. The legal status of zoning as a legitimate use of the police
power was firmly established in the United States during 1926 in the
often cited Euclid case. 2/

Use of the police power by local governments is only one method
available to direct the use of land in the public interest. The right
of "eminent domain" and acquiring fee simple ownership of land are
other methods of land use control available to local governments. It
is readily apparent, however, that zoning as a means of directing land
use in the public interest is less costly than either condemnation or
direct purchase.

Property, contrary to general belief, is not a material thing but
rather the right to use, hold, or dispose of a material object as the
"owner" or possessor of this right desires. Property, which may be
viewed as a "bundle of rights," is granted to individuals by society
and, as a consequence, the maintenance of these rights must be con-
stantly re-enforced by society through duly constituted governments
and courts. While it may sound trite, it is nevertheless true that
what society gives it can also limit or take away. The police power
is the method used by society to remove some of the "sticks" or "rights"
from the total "bundle" after it has been determined by legal process
that such action is in the public interest. The use of the police
power to control land use is justified by the reciprocal equation which
equates the public right to control private land use to the private
right to create problems affecting the public interest. 3/ Thus, zoning
is the subordination of personal interests in land to what is deter-
mined through lawful processes to be in the public interest. 4/


1/ Assistant Agricultural Economist, Marketing, Florida Agri-
cultural Extension Service; formerly Assistant Agricultural Economist,
Florida Agricultural Experiment Stations.
2/ Euclid V. Ambler Realty Co., 272 U.S. 365, 387 (1926).
3/ Fred Bair in: W. M. Carroll, et al., Rural Land Use Planning,
Extension Service, College of Agriculture, Pennsylvania State Univer-
sity, p. 5.
4/ Fred H. Bair, Jr. and Ernest R. Bartley, The Text of a Model
Zoning Ordinance, With Commentary, Studies in Public Administration,
No. 16, Public Administration Clearing Service of the University of
Florida, 1958, p. 1.




- 2-


Early studies of factors determining land use concentrated almost
exclusively on economic factors as determined in the market place. Eco-
nomic factors are still the major considerations in determining land use.
However, in more recent times a new awareness of the social consequences
of land use has been superimposed on the structure of economic deter-
minants. This awareness has been manifest in the growing use of the
police power to subordinate the private rights in land to the public
welfare. Essentially the private gain from a particular action involving
land use must be weighed against the social cost of such action.

By most standards Florida would be considered a growth economy. In
the heady atmosphere of economic growth, most communities profess an
interest in such growth. All growth is planned in some fashion whether
it is organized and coordinated or not. Growth may proceed in response
to the uncoordinated plans of a large number of individuals or even a
small number of selfish individuals if they control the local power
structure. On the other hand, growth may be guided by a coordinated plan
which represents the interests of the community. Planned and coordinated
growth may relegate current economic considerations to a lesser role in
determining the aggregate community judgment of the highest and best use
of land. Uncoordinated growth and development may not result in the max-
imum benefits of such growth accruing to the community, while planned or
orderly growth provides a means whereby a larger proportion of the com-
munity will share in the benefits of growth. Public awareness of the
benefits to be derived from orderly growth has resulted in efforts to
guide this growth along paths which meet the objectives and goals of the
community. As a consequence, planning to maximize the benefits from
growth becomes a necessary function of government.

Planning is basic to all organizations including political entities.
Zoning, on the other hand, is one means of implementing the plan. If
zoning is to be effective in solving or avoiding conflicting land use
problems, it must be preceded by effective planning. Moreover, the legal-
ity of enacting and enforcing zoning regulations without a plan to define
the public interest is subject to question. It is true, of course, that
many communities zone without a formalized plan, but in doing so these
communities usually perpetuate existing land use patterns. Implicit in
zoning of this type is a negative planning which looks back instead of
ahead. The community implies that it is satisfied with the land use
pattern which has evolved over time and wishes to preserve it. Zoning
regulations in this situation tend to codify past, unplanned growth into
an officially sanctioned pattern for future growth which may or may not
result in maximizing benefits to society.

Unprecedented population and economic growth in Florida has spilled
an expanding urban population onto land previously used for agricultural
production. The sheer weight of numbers and the desire of urban families
to escape the crowding and high taxes of cities have accelerated this mass
migration to suburban areas. The automobile and improved highway systems
have given city families access to yards, trees, and open space while
earning an income in the city. Many hitherto urban problems have accom-
panied this migration to suburbia with a large share of the costs being
shifted to farmers in the form of higher taxes and increased production
costs.




- 3-


This problem is not unique to Florida nor is it unique to the
current period in history. The principal difference is that this
growth is occurring in Florida later than in other states. As
expected, Floridians are reacting in much the same manner as people
have in other places. One promising aspect of this late growth is
that Floridians may be able to benefit from the experience of others
and do some serious land use planning now.

As a group, owners of rural land in Florida (not necessarily
farmers) have generally resisted efforts to obtain adequate land use
controls even though mdst of these proposals place virtually no
restrictions on the use of rural land. Much of this resistance can be
attributed to two factors: (1) the prevalence of fundamental agri-
cultural beliefs among rural landowners which embody the laissez-faire
concept concerning the unrestricted use of land as a right which should
not be abridged, and (2) a speculative element among Florida land-
holders who feel that land use controls will reduce land values by
restricting future land use alternatives.

Land use planning and zoning are concepts which have their origin
in urban surroundings. It was in the cities where competition for
land was most intense that early efforts were made to solve conflicting
land use problems through planning and zoning. The need for planning
and land use control is now generally accepted by urban residents as
being in the public interest. However, these concepts are relatively
new and often misunderstood by persons with rural backgrounds. Rural
residents, in general, have not experienced those problems associated
with urban life and are less likely to appreciate the need for land
use planning and control when they are overrun by urban growth. In
the past, and even today, many rural areas have felt no compelling need
to engage in planning or land use control of the type necessitated by
increased population density. This is generally true in those counties
of north and west Florida which have experienced negative or static
population growth over the past three decades.

The burden of planning and land use control beyond municipal
limits falls almost exclusively on county governments in Florida. This
responsibility has not been readily assumed by many county governments
in the state. Relatively few Florida counties have initiated steps to
control growth through zoning, and even fewer have formalized plans to
guide and promote this growth in an orderly and optimum fashion.

While the primary emphasis of this study is rural zoning, attention
is also focused on other aspects of land use control such as planning
and subdivision control. A brief discussion of land use control author-
ity for cities and towns is included to provide a relatively complete
framework for analysis of county land use control authority.

Purpose of the Study

Land use control authority is transferred to Florida cities and
counties by acts of the legislature concerned with planning, zoning,




-4-


subdivision controls, building codes and other like matters. 1/ Florida
is one of the few remaining states which has not granted all counties the
right to adopt planning and zoning regulations in the unincorporated areas
of the county. Each county must obtain from the Florida Legislature spe-
cific authority to exercise any land use control measures in the county.

The purposes of this study are to:

(1) Determine what land use control powers have been granted to
each of the 67 counties in Florida and to examine briefly
the provisions of each of these laws.

(2) Provide interested citizens with a convenient source of infor-
mation to determine the extent of land use control authority
available to elected officials in their county.

(3) Provide officials in counties experiencing growth problems for
the first time with information on how other counties in
Florida have approached similar problems.

(4) Present a brief summary of general statewide planning and land
use control measures available to political subdivisions in
Florida.

Bills to authorize statewide planning and land use control by counties
have been introduced in the Florida Legislature on numerous occasions over
the years. Each attempt has resulted in failure with these proposed bills
dying in committee. One further purpose of this report is to indicate the
amount of county legislation which could be eliminated by the passage of a
comprehensive planning and land use control law for cities and counties in
Florida.

Method of the Study

The determination of what land use control authority existed for each
county involved a detailed search of all population acts and special laws
as far back as 1911 when a plat recording law was enacted for Washington
County. Well over four hundred and fifty population and special laws con-
taining some county land use control provisions were gleaned from the
thousands of special acts passed by the Florida Legislature over the years.
Each enabling act was reviewed to determine the authority granted to the
county. In determining the current status of each law, reference was made
to Shepard's Florida Citations to determine what subsequent legislation or
judicial action affected the original act.

A chronological listing, by county, of all county land use control
laws passed by the Florida Legislature is contained in Appendix A. In
addition to showing the year of enactment and the appropriate chapter
number in the Florida Law, the list includes a short summary of the prin-
cipal provisions of the law and the current status of the law as can be
determined.

1/ One exception is Dade County (Miami metropolitan area) which has
been granted Home Rule by a constitutional amendment.





- 5 -


Since most land use control enabling laws are permissive, a review
of the various enabling laws does not reveal which counties have imple-
mented rural land use control measures. This must be determined at the
local level. Informal, structured, personal interviews were conducted
with officials in each county. The lack of uniformity in the structure
of county governments necessitated interviewing individuals in many
official capacities. In those counties which had implemented some land
use control measures the person interviewed was usually the Zoning
Director or the Building and Zoning Director. In some cases the County
Engineer was the administrative officer responsible for zoning in the
county. In those counties without land use control authority or those
counties choosing not to implement existing laws, the official inter-
viewed may have been the County Agent, Clerk of Court, Tax Assessor,
County Judge, County Attorney, or a County Commissioner.

Limitations

Every effort was made to locate and examine those land use control
laws applicable to each county. However, no claim of exhaustiveness is
made for those laws shown in Appendix A. The vast number of laws
involved, and in some cases, the difficulty of determining what consti-
tuted land use control, precludes any assurance of completeness.

In addition, the nature of population acts as well as the decennial
efforts of the legislature to straighten things out posed some diffi-
culty in determining the applicability of these laws in certain counties.
Counties may grow out of a particular population bracket and continue
to exercise the provisions of the act without an amendment changing the
population brackets. Other counties may grow into a population bracket
originally passed for another county. Some counties have chosen to
exercise powers thus obtained, while other counties have passed special
acts repealing the original act for their particular county.

Following each decennial census the Florida Legislature makes a
gallant, but sometimes confusing, effort to clean up the clutter of
population acts. Numerous laws are enacted which repeal earlier popu-
lation acts for a particular county which has grown into the applicable
population bracket. During the 1961 legislative session which followed
the 1960 Census, it was not uncommon to find repealing acts which con-
tained five or six pages of nothing but chapter numbers. The 1961
legislature set an all time record for bills introduced during the reg-
ular session. During this session 4,487 individual bills were intro-
duced, many of them aimed at rectifying earlier population acts.

A word of caution seems appropriate at this juncture of the study.
The brief description of the authority granted to the county as shown
in Appendix A should-not be considered.as a legal interpretation of the
authority contained in the act. While the nature of such descriptions
required the author's best judgment as to the provisions and intent of
the law, the responsibility for precise legal interpretation of intent
and constitutionality rests solely with the courts. Appendix A indicates




- 6-


those cases where the Florida Supreme Court has invalidated all or parts
of laws concerned with land use control. No effort was made to search
the records of the lower courts to determine those laws which have been
invalidated for a particular county or district. Available resources
would not permit an undertaking of this magnitude.


GENERAL LAND USE CONTROL AUTHORITY IN FLORIDA


Aside from a permissive statute, which allows boards of county com-
missioners to designate land as agricultural for tax purposes and labels
such action as "zoning," no statewide enabling authority exists to zone
land in the unincorporated areas of Florida counties. 1/ However, other
general land use control enabling authority does exist in the state.

City Zoning

Incorporated municipalities in Florida are authorized to zone for the
purposes of promoting the health, safety, morals or the general welfare of
the community. 2/ In adopting this permissive act in 1939, Florida was
the last of the then 48 states to grant cities and towns this authority. 3/
Many cities and towns in Florida have implemented zoning under this
authority.

In cities and towns which have not adopted zoning regulations, pro-
visions have been made for the property owners in an area to qualify for
loans from the Federal Housing Administration. 4/ Under the provisions
of this statute the owners of more than half the land in an area within
the boundaries of a municipality may petition to restrict the use of prop-
erty within the area for the purpose of qualifying for loans from the
Federal Housing Administration. Upon receipt of such a petition, the
governing body of the municipality must hold a public hearing on the pro-
posal. If a need is established by such hearing, the governing body of the


1/ Chap. 193.201 Fla. Stats. This statute is basically concerned
with tax assessment of agricultural land and not with land use control.
None of the criteria usually associated with the zoning process are found
in this statue, i.e., action by proper governmental boards, a request by
the owner, and due public notice. See James S. Wershow, "Agricultural
Zoning in Florida--Its Implications and Problems," University of Florida
Law Review, Vol. 13, No. 4, Winter 1960, p. 490.
2/ Chap. 176, Fla. Stats.
3/ Ernest R. Bartley, Planning and Land Use Control Enabling Legis-
lation at the County Level in the East Central Florida Regional Planning
Council Area: Analysis and Recommendations, 1965, p. 13.
4/ Chap. 167.71, Fla. Stats.




- 6-


those cases where the Florida Supreme Court has invalidated all or parts
of laws concerned with land use control. No effort was made to search
the records of the lower courts to determine those laws which have been
invalidated for a particular county or district. Available resources
would not permit an undertaking of this magnitude.


GENERAL LAND USE CONTROL AUTHORITY IN FLORIDA


Aside from a permissive statute, which allows boards of county com-
missioners to designate land as agricultural for tax purposes and labels
such action as "zoning," no statewide enabling authority exists to zone
land in the unincorporated areas of Florida counties. 1/ However, other
general land use control enabling authority does exist in the state.

City Zoning

Incorporated municipalities in Florida are authorized to zone for the
purposes of promoting the health, safety, morals or the general welfare of
the community. 2/ In adopting this permissive act in 1939, Florida was
the last of the then 48 states to grant cities and towns this authority. 3/
Many cities and towns in Florida have implemented zoning under this
authority.

In cities and towns which have not adopted zoning regulations, pro-
visions have been made for the property owners in an area to qualify for
loans from the Federal Housing Administration. 4/ Under the provisions
of this statute the owners of more than half the land in an area within
the boundaries of a municipality may petition to restrict the use of prop-
erty within the area for the purpose of qualifying for loans from the
Federal Housing Administration. Upon receipt of such a petition, the
governing body of the municipality must hold a public hearing on the pro-
posal. If a need is established by such hearing, the governing body of the


1/ Chap. 193.201 Fla. Stats. This statute is basically concerned
with tax assessment of agricultural land and not with land use control.
None of the criteria usually associated with the zoning process are found
in this statue, i.e., action by proper governmental boards, a request by
the owner, and due public notice. See James S. Wershow, "Agricultural
Zoning in Florida--Its Implications and Problems," University of Florida
Law Review, Vol. 13, No. 4, Winter 1960, p. 490.
2/ Chap. 176, Fla. Stats.
3/ Ernest R. Bartley, Planning and Land Use Control Enabling Legis-
lation at the County Level in the East Central Florida Regional Planning
Council Area: Analysis and Recommendations, 1965, p. 13.
4/ Chap. 167.71, Fla. Stats.





-7-


municipality may enter into an agreement with the Federal Housing
Administration to restrict the use of property within the area.

Airport Zoning

In 1945 authority to zone in the hazardous areas adjacent to air-
ports was granted to every political subdivision having an airport
hazard area within its territorial limits. 1/ Authority is granted to
political subdivisions to control land use, the height to which structures
may be erected and the height to which trees may be permitted to grow
in the hazard area. Political subdivisions, as defined in this chapter,
include any county, city, town, village and any district, port com-
mission, port authority, or other agency authorized to establish or
operate airports in the state.

Location of Liquor Stores

County and city governments have been granted limited authority to
establish zoning ordinances restricting the location of establishments
selling alcoholic beverages. 2/ Minimum distances are established for
the location of liquor stores adjacent to churches, schools, and certain
public housing projects.

Junk Yards

The 1965 Florida Legislature enacted legislation effective
January 1, 1966, which makes it unlawful to establish a junk yard with-
in 1,000 feet of any highway right of way. 3/ This act further provides
that existing junk yards which do not meet distance requirements may con-
tinue to operate if the view from the highway is obscured by material
objects, plantings or fences. The State Road Board is charged with the
responsibility of promulgating rules and regulations governing the
location, construction and materials used in fencing junk yards. When
assigned, enforcement responsibility will probably rest with the Florida
Highway Department, and/or the Florida Highway Patrol.

Deed Restrictions and Covenants

Deed restrictions and covenants are private forms of land use
control which may affect future owners of real estate and which embody
many provisions similar to those found in zoning regulations. Ordinarily
private owners control the use of the land they hold throughout their
lifetime. By the use of deed restrictions and covenants owners can also
control the future use of land which they sell or transfer. Deed
restrictions and covenants are used most often when land is subdivided
for residential purposes and may run indefinitely or for specified


1/ Chap. 333, Fla. Stats.
2/ Chapters 561.44 and 561.441, Fla. Stats.
3/ Chapter 65-93, Laws of Florida, 1965.





-7-


municipality may enter into an agreement with the Federal Housing
Administration to restrict the use of property within the area.

Airport Zoning

In 1945 authority to zone in the hazardous areas adjacent to air-
ports was granted to every political subdivision having an airport
hazard area within its territorial limits. 1/ Authority is granted to
political subdivisions to control land use, the height to which structures
may be erected and the height to which trees may be permitted to grow
in the hazard area. Political subdivisions, as defined in this chapter,
include any county, city, town, village and any district, port com-
mission, port authority, or other agency authorized to establish or
operate airports in the state.

Location of Liquor Stores

County and city governments have been granted limited authority to
establish zoning ordinances restricting the location of establishments
selling alcoholic beverages. 2/ Minimum distances are established for
the location of liquor stores adjacent to churches, schools, and certain
public housing projects.

Junk Yards

The 1965 Florida Legislature enacted legislation effective
January 1, 1966, which makes it unlawful to establish a junk yard with-
in 1,000 feet of any highway right of way. 3/ This act further provides
that existing junk yards which do not meet distance requirements may con-
tinue to operate if the view from the highway is obscured by material
objects, plantings or fences. The State Road Board is charged with the
responsibility of promulgating rules and regulations governing the
location, construction and materials used in fencing junk yards. When
assigned, enforcement responsibility will probably rest with the Florida
Highway Department, and/or the Florida Highway Patrol.

Deed Restrictions and Covenants

Deed restrictions and covenants are private forms of land use
control which may affect future owners of real estate and which embody
many provisions similar to those found in zoning regulations. Ordinarily
private owners control the use of the land they hold throughout their
lifetime. By the use of deed restrictions and covenants owners can also
control the future use of land which they sell or transfer. Deed
restrictions and covenants are used most often when land is subdivided
for residential purposes and may run indefinitely or for specified


1/ Chap. 333, Fla. Stats.
2/ Chapters 561.44 and 561.441, Fla. Stats.
3/ Chapter 65-93, Laws of Florida, 1965.





-7-


municipality may enter into an agreement with the Federal Housing
Administration to restrict the use of property within the area.

Airport Zoning

In 1945 authority to zone in the hazardous areas adjacent to air-
ports was granted to every political subdivision having an airport
hazard area within its territorial limits. 1/ Authority is granted to
political subdivisions to control land use, the height to which structures
may be erected and the height to which trees may be permitted to grow
in the hazard area. Political subdivisions, as defined in this chapter,
include any county, city, town, village and any district, port com-
mission, port authority, or other agency authorized to establish or
operate airports in the state.

Location of Liquor Stores

County and city governments have been granted limited authority to
establish zoning ordinances restricting the location of establishments
selling alcoholic beverages. 2/ Minimum distances are established for
the location of liquor stores adjacent to churches, schools, and certain
public housing projects.

Junk Yards

The 1965 Florida Legislature enacted legislation effective
January 1, 1966, which makes it unlawful to establish a junk yard with-
in 1,000 feet of any highway right of way. 3/ This act further provides
that existing junk yards which do not meet distance requirements may con-
tinue to operate if the view from the highway is obscured by material
objects, plantings or fences. The State Road Board is charged with the
responsibility of promulgating rules and regulations governing the
location, construction and materials used in fencing junk yards. When
assigned, enforcement responsibility will probably rest with the Florida
Highway Department, and/or the Florida Highway Patrol.

Deed Restrictions and Covenants

Deed restrictions and covenants are private forms of land use
control which may affect future owners of real estate and which embody
many provisions similar to those found in zoning regulations. Ordinarily
private owners control the use of the land they hold throughout their
lifetime. By the use of deed restrictions and covenants owners can also
control the future use of land which they sell or transfer. Deed
restrictions and covenants are used most often when land is subdivided
for residential purposes and may run indefinitely or for specified


1/ Chap. 333, Fla. Stats.
2/ Chapters 561.44 and 561.441, Fla. Stats.
3/ Chapter 65-93, Laws of Florida, 1965.





-7-


municipality may enter into an agreement with the Federal Housing
Administration to restrict the use of property within the area.

Airport Zoning

In 1945 authority to zone in the hazardous areas adjacent to air-
ports was granted to every political subdivision having an airport
hazard area within its territorial limits. 1/ Authority is granted to
political subdivisions to control land use, the height to which structures
may be erected and the height to which trees may be permitted to grow
in the hazard area. Political subdivisions, as defined in this chapter,
include any county, city, town, village and any district, port com-
mission, port authority, or other agency authorized to establish or
operate airports in the state.

Location of Liquor Stores

County and city governments have been granted limited authority to
establish zoning ordinances restricting the location of establishments
selling alcoholic beverages. 2/ Minimum distances are established for
the location of liquor stores adjacent to churches, schools, and certain
public housing projects.

Junk Yards

The 1965 Florida Legislature enacted legislation effective
January 1, 1966, which makes it unlawful to establish a junk yard with-
in 1,000 feet of any highway right of way. 3/ This act further provides
that existing junk yards which do not meet distance requirements may con-
tinue to operate if the view from the highway is obscured by material
objects, plantings or fences. The State Road Board is charged with the
responsibility of promulgating rules and regulations governing the
location, construction and materials used in fencing junk yards. When
assigned, enforcement responsibility will probably rest with the Florida
Highway Department, and/or the Florida Highway Patrol.

Deed Restrictions and Covenants

Deed restrictions and covenants are private forms of land use
control which may affect future owners of real estate and which embody
many provisions similar to those found in zoning regulations. Ordinarily
private owners control the use of the land they hold throughout their
lifetime. By the use of deed restrictions and covenants owners can also
control the future use of land which they sell or transfer. Deed
restrictions and covenants are used most often when land is subdivided
for residential purposes and may run indefinitely or for specified


1/ Chap. 333, Fla. Stats.
2/ Chapters 561.44 and 561.441, Fla. Stats.
3/ Chapter 65-93, Laws of Florida, 1965.





- 8-


periods of time. Florida law provides a limitation of 21 years on any
deed forfeiture provision for violations of restrictive conditions. 1/
Deed restrictions and covenants are enforceable by injunctive procedures
or by damage suits against violators. Restrictive covenants are enforce-
able so long as they do not run counter to public policy. 2/ For example,
a deed restriction limiting occupancy or ownership to persons of the
Caucasian race is no longer enforceable.

Subdivision Control Authority

The relationship between subdivision control laws and agriculture is
not as obvious as the relationship between zoning laws and agriculture.
Zoning laws can and often do directly affect the use of land for agri-
cultural production. On the other hand, land which is subdivided is
usually taken out of agricultural production. In some respects, however,
adequate subdivision regulations can be even more crucial to farmers as
taxpayers than zoning regulations. Effective and well-planned subdivision
regulations assure the nearby and not so nearby farmer that the improve-
ments expected by urban residents will be provided by the developer and
capitalized into the cost of subdivision lots. Without effective sub-
division controls, nonfarm families settle indiscriminately throughout the
agricultural area and, subsequently, demand paved streets, sewers, water,
and other improvements at public expense. Farmers as taxpayers must
share in these costs while receiving little benefit from such improvements.

The intent of subdivision regulations, as expressed in some legis-
lative authority, is to aid in the coordination of land development in
cities and counties in accordance with orderly physical patterns; to dis-
courage haphazard, premature, uneconomic, or scattered land development;
to discourage land subdivision without installation by the developer of
adequate and necessary physical improvements; to insure that the citizens
and taxpayers of incorporated municipalities and counties will not have to
bear the costs resulting from haphazard subdivision of land and the lack
of authority to require installation by the developer of adequate and
necessary physical improvements; to insure to the purchaser of land in a
subdivision that necessary improvements of lasting quality have been
installed; and to serve as one of the instruments of land use control in
the implementation of a comprehensive plan.

Cities and counties in Florida have general authority to control the
recording of maps and plats. 3/ The content of this statute, however, is
primarily concerned with the manner of preparation, the form, and the proper
recording of the pictorial representation of a layout of ground. It is
concerned more with the correct recording of maps and plats by local govern-
ments than with the judicious control of land use. One section of this
statute does provide local governments with rather nebulous authority to
control land use. 4/ This section requires approval of the map or plat by


1/ Chap. 689.18 (4), Fla. Stats.
2/ Raleigh Barlowe, Land Resource Economics (Englewood Cliffs:
Prentice-Hall, Inc., 1958), p. 344.
3/ Chap. 177, Fla. Stats.
4/ Chap. 177.10, Fla. Stats.





-9-


the governing body before presentation to the county clerk for recording,
but no authority is contained to authorize cities and counties to adopt
regulations which would serve as a criteria for granting such approval.

The apparent weaknesses of Chapter 177, Florida Statutes, as a
tool in controlling subdivisions has prompted many cities and counties
to seek special legislation for this purpose. Those special acts
authorizing the control of subdivisions in counties are included among
the laws listed in Appendix A. The degree of county subdivision
control authorized varies from none in 30 counties to rather extensive
and comprehensive authority in the more populated counties (see
Figure 1).

Planning Authority

Planning, whether formalized or implicit, is an integral function
of all organizations. In fact, with minor exceptions, all individuals
plan their own affairs in some manner. As aptly stated in the Wall
Street Journal, "Only fools go charging off blindly into the unknown." 1/
Planning by governmental organizations may be short-run, looking ahead
only as far as the next annual budget, or it may be long-run, extending
10, 15, 25 or more years into the future.

Planning may be defined in numerous ways, but one definition which
appears appropriate for this study defines planning as the conscious
and deliberate choice of economic priorities by some public authority. 2/
The concern of this study is with public planning as a means of pro-
moting and guiding the future development of communities throughout
Florida. More specifically, this study is concerned with the imple-
mentation of plans through land use control tools such as zoning and
subdivision controls.

No specific statewide authority exists which permits all cities and
counties in Florida to engage in planning. The municipal zoning act
indirectly refers to planning in the nebulous requirement that all zoning
ordinances and regulations shall be drawn "in accordance with a compre-
hensive plan." 3/ In the judgment of some writers in this field,
expenditures for planning under this provision would not be upheld in
a court case brought by a dissident taxpayer. 4/

Regional Planning Authority

In 1959 authority was granted to any two or more counties and
municipalities to establish regional planning councils to advise members
on planning matters dealing with land use, water resources, highways,
recreation areas, public schools, sewage and garbage disposal, public

1/ The Wall Street Journal, Tuesday, October 27, 1964.
2/ Barbara Woolton, Freedom Under Planning (Chapel Hill: Univ.
of N. C. Press, 1945), p. 6.
3/ Chap. 176, Fla. Stats.
4/ Bartley, op. cit., p. 24.





-9-


the governing body before presentation to the county clerk for recording,
but no authority is contained to authorize cities and counties to adopt
regulations which would serve as a criteria for granting such approval.

The apparent weaknesses of Chapter 177, Florida Statutes, as a
tool in controlling subdivisions has prompted many cities and counties
to seek special legislation for this purpose. Those special acts
authorizing the control of subdivisions in counties are included among
the laws listed in Appendix A. The degree of county subdivision
control authorized varies from none in 30 counties to rather extensive
and comprehensive authority in the more populated counties (see
Figure 1).

Planning Authority

Planning, whether formalized or implicit, is an integral function
of all organizations. In fact, with minor exceptions, all individuals
plan their own affairs in some manner. As aptly stated in the Wall
Street Journal, "Only fools go charging off blindly into the unknown." 1/
Planning by governmental organizations may be short-run, looking ahead
only as far as the next annual budget, or it may be long-run, extending
10, 15, 25 or more years into the future.

Planning may be defined in numerous ways, but one definition which
appears appropriate for this study defines planning as the conscious
and deliberate choice of economic priorities by some public authority. 2/
The concern of this study is with public planning as a means of pro-
moting and guiding the future development of communities throughout
Florida. More specifically, this study is concerned with the imple-
mentation of plans through land use control tools such as zoning and
subdivision controls.

No specific statewide authority exists which permits all cities and
counties in Florida to engage in planning. The municipal zoning act
indirectly refers to planning in the nebulous requirement that all zoning
ordinances and regulations shall be drawn "in accordance with a compre-
hensive plan." 3/ In the judgment of some writers in this field,
expenditures for planning under this provision would not be upheld in
a court case brought by a dissident taxpayer. 4/

Regional Planning Authority

In 1959 authority was granted to any two or more counties and
municipalities to establish regional planning councils to advise members
on planning matters dealing with land use, water resources, highways,
recreation areas, public schools, sewage and garbage disposal, public

1/ The Wall Street Journal, Tuesday, October 27, 1964.
2/ Barbara Woolton, Freedom Under Planning (Chapel Hill: Univ.
of N. C. Press, 1945), p. 6.
3/ Chap. 176, Fla. Stats.
4/ Bartley, op. cit., p. 24.





- 10 -


Fig. 1.- Florida Counties Having SQme Form of Subdivision Control Authority
on July 1, 1965.





- 11 -


libraries, urban redevelopment and other matters. 1/ Several regional
planning councils have been established under this authority. In one
case the region coincides with the area of the county and the principal
members are the county government and the municipal government of the
principal city in the county. The principal disadvantages of planning
under the authority of Chapter 160 Florida Statutes is the advisory
nature of the regional planning councils. No authority is given for
the adoption or implementation of the plan by the member governments.
Implementation of the plan developed by the regional planning council
must come through the member governments, any one of which can reject
the plan.

Certain advantages, however, accrue to the regional approach to
planning: (1) regional planners are able to plan across political
boundaries for public services which require coordination between
governmental units within the region, (2) regional planners are more
removed from local political pressures, and (3) regional planning
associations, because of their size, are able to employ specialized
personnel such as geographers, architects, geologists, economists, agri-
culturalists, foresters, sociologists, and the like.

The future suggests that the need for the regional type of planning
will be more acute as urban growth proceeds across existing political
boundaries and interdependencies among local areas become greater. 2/

County Planning

The lack of statewide planning authority has forced 38 counties
to obtain special legislative authority to plan outside of the limits
of municipalities (see Figure 2). Twenty counties have obtained direct
authority to plan, while the authority in 18 counties is found in the
requirement that zoning regulations shall be "in accordance with a com-
prehensive plan." For purposes of classification, the planning authority
in these 18 counties is termed "indirect planning authority." Of those
20 counties having direct or specific planning authority, only Nassau
County limits this authority to some area other than the entire county.
Three counties, Escambia, Hernando, and Marion, which have indirect
planning authority, limit this authority in some territorial manner.

LAND USE CONTROL AUTHORITY IN FLORIDA COUNTIES

The implementation of zoning and subdivision control authority in
Florida's 67 counties is a dynamic process. The picture is constantly
changing as local communities attempt to solve evolving problems. Any
inventory of the status of county land use control in the state would,
of necessity, be somewhat out of date when published. This report is
no exception, although an effort was made to keep the information in the
study as current as possible.

1/ Chap. 160, Fla. Stats.
2/ C. D. Covey, "Problems of Local Government Incident to Regional
Planning," Local Government Problems in Urbanizing Rural Areas, Southern
Land Economics Research Publication No. 4, March 1965, p. 38.





- 11 -


libraries, urban redevelopment and other matters. 1/ Several regional
planning councils have been established under this authority. In one
case the region coincides with the area of the county and the principal
members are the county government and the municipal government of the
principal city in the county. The principal disadvantages of planning
under the authority of Chapter 160 Florida Statutes is the advisory
nature of the regional planning councils. No authority is given for
the adoption or implementation of the plan by the member governments.
Implementation of the plan developed by the regional planning council
must come through the member governments, any one of which can reject
the plan.

Certain advantages, however, accrue to the regional approach to
planning: (1) regional planners are able to plan across political
boundaries for public services which require coordination between
governmental units within the region, (2) regional planners are more
removed from local political pressures, and (3) regional planning
associations, because of their size, are able to employ specialized
personnel such as geographers, architects, geologists, economists, agri-
culturalists, foresters, sociologists, and the like.

The future suggests that the need for the regional type of planning
will be more acute as urban growth proceeds across existing political
boundaries and interdependencies among local areas become greater. 2/

County Planning

The lack of statewide planning authority has forced 38 counties
to obtain special legislative authority to plan outside of the limits
of municipalities (see Figure 2). Twenty counties have obtained direct
authority to plan, while the authority in 18 counties is found in the
requirement that zoning regulations shall be "in accordance with a com-
prehensive plan." For purposes of classification, the planning authority
in these 18 counties is termed "indirect planning authority." Of those
20 counties having direct or specific planning authority, only Nassau
County limits this authority to some area other than the entire county.
Three counties, Escambia, Hernando, and Marion, which have indirect
planning authority, limit this authority in some territorial manner.

LAND USE CONTROL AUTHORITY IN FLORIDA COUNTIES

The implementation of zoning and subdivision control authority in
Florida's 67 counties is a dynamic process. The picture is constantly
changing as local communities attempt to solve evolving problems. Any
inventory of the status of county land use control in the state would,
of necessity, be somewhat out of date when published. This report is
no exception, although an effort was made to keep the information in the
study as current as possible.

1/ Chap. 160, Fla. Stats.
2/ C. D. Covey, "Problems of Local Government Incident to Regional
Planning," Local Government Problems in Urbanizing Rural Areas, Southern
Land Economics Research Publication No. 4, March 1965, p. 38.





- 12 -


'da S A OKALOOSA WALTON HOLMES JACKSON


MADISON HAMILTON

I SBAY LIBERTY SUWANNEE B .


FRAKN NN










Specific Planning Authority-County W.ide ;




... ... .. ...
Specific Planning Authority-Limited Area -



Indirect Planning Authority-County Wide PIiKEWLO.



Indirect Planning Authority-Limited Area










..on July 1, 1965. ...'..--. .
.. ......
























Fig. 2.- Florida Counties Having Some Form of Planning Authority
on July 1, 1965.





- 13 -


The variety and scope of zoning authority among the 67 counties in
Florida ranges from no authority of any kind in 28 counties to complete
and comprehensive land use controls in others. Figure 3 indicates the
three types of zoning authority found throughout the state. The
authority to zone throughout the entire county, exclusive of munici-
palities, is found in 32 counties. Three counties have countywide
zoning authority only if the majority of the landowners and/or voters
in the area petition to be zoned. Four counties have zoning authority
only within a limited area of the county. A review of these limitations
will be included in the discussion of each county.

The county information which follows was obtained by personal
interview with individuals in the county. In some counties the infor-
mation obtained was factual and detailed, while in others it was
nebulous and perhaps even misleading. Where interview results did not
check with other sources of information, they were deleted from the
report.

Alachua County

County zoning first became'an issue in Alachua County just prior
to 1947 when the Veterans Administration proposed the location of a
hospital east of the City of Gainesville. Apparently officials of the
Veterans Administration felt that some type of land use control was
necessary to protect the hospital from undesirable growth. As a result,
zoning authority was sought and obtained in the 1947 Florida Legis-
lature. 1/ This authority was implemented by a resolution of the
Board of County Commissioners on September 2, 1947, in 24 sections
adjacent to the proposed Veterans Administration Hospital site. Since
1947 the zoning authority has been amended once and the zoned area
extended several times (see Appendix A). Only a very limited area of
Alachua County has been brought under the provisions of the zoning act.
The remainder of the county remains unzoned.

Subdivision control authority was obtained by Alachua County in
1959. 2/ Subdivision regulations have been in effect since that time.

Alachua County has not obtained specific planning authority from
the Florida Legislature. Expenditures for planning are based on the
indirect authority contained in the 1947 zoning law which requires that
all zoning regulations shall be made "in accordance with a compre-
hensive plan."

Baker County

Baker County was granted countywide zoning authority, outside of
municipalities, by the 1957 Florida Legislature. 3/ The Board of
County Commissioners has not implemented the zoning law and there

1/ Chap. 24371, Laws of Florida, 1947.
2/ Chap. 59-1044, Laws of Florida, 1959.
3/ Chap. 57-1130, Laws of Florida, 1957.




- 14 -


County Wide Zoning Authorized

County Wide Zoning Authorized on
Petition by Majority of Landowners


Zoning Authority Limited
Territorially


nt; ^ g
: f ViW


Fig. 3.- Florida Counties Having Some Form of County Zoning Authority
on July 1, 1965.


O
U



LI





- 15 -


appears to be little interest in any type of land use control in the
county. No subdivision control authority, other than the statutory
requirements for recording maps and plats, has been granted Baker
County. The 1957 zoning act indirectly authorizes planning in the
county by the requirement that all regulations shall be "in accordance
with a comprehensive plan."

Bay County

Efforts to control land use in Bay County through planning,
zoning, and subdivision regulations appear to have encountered per-
sistent voter resistance. Land use control proposals have been
defeated at the polls no less than five times since 1955. As a result,
Bay County has no authority to plan, zone, or control subdivisions
despite the constant pressure of urban expansion adjacent to Panama
City. A population act passed in 1941 authorized zoning powers to
areas outside of municipalities. 1/ Apparently this act was never
implemented and was subsequently repealed in 1961.

Bradford County

Early efforts to control land use in Bradford County were aimed
at cleaning up U. S. Route 301 which passes through the county. The
1957 Florida Legislature authorized the Board of County Commissioners
to regulate set-back distances from road right of way and property lines,
and to regulate the use of land for junk yards and trailer camps. 2/
Enforcement is reported to have been difficult and little was done in
the county under this authority. In 1959 an amendment authorized zoning
within 1,000 feet of all road right of way, but again enforcement proved
difficult. The high cost of acquiring highway right of way for the
four laning of U. S. Route 301 through the county pointed out the need
for effective zoning authority and in 1963 countywide planning and
zoning legislation was passed by the legislature. 3/ The 1963 law has
not been implemented and, consequently, Bradford County has no effective
planning or zoning.

Some subdivision control is being exercised by the Board of County
Commissioners under the authority granted in Chapter 177.10, Florida
Statutes. This control is primarily concerned with the requirements
which the developer must meet before the Board of County Commissioners
will accept dedication of streets and roads in the subdivision.

Brevard County

The zoning regulations currently in effect in Brevard County are
based on the authority granted by the Florida Legislature in 1957. 4/
Zoning regulations under this authority were adopted by the Board of

1/ Chap. 21042, Laws of Florida, 1941.
2/ Chap. 57-1154, Laws of Florida, 1957.
3/ Chap. 63-1132, Laws of Florida, 1963.
4/ Chap. 57-1162, Laws of Florida, 1957.





- 16 -


County Commissioners in May, 1958. Indirect planning authority was
authorized in 1957 by requiring that all regulations be "in accordance
with a comprehensive plan."

Subdivision control authority was granted Brevard County in 1955
and again in 1961. 1/ The subdivision regulations presently in force
are based on the authority granted in the 1961 law and are currently in
the process of revision.

With the advent of the space age and the Cape Kennedy space facility,
population and land use problems have grown at a fantastic rate. For
example, Brevard County experienced a 371.1 percent increase in population
during the 10-year period from 1950 to 1960. 2/ This growth and the
associated problems resulted in the passage by the 1963 Florida Legislature
of a comprehensive land use control law. 3/ This law authorizes the Board
of County Commissioners and the governing bodies of municipalities in the
county to individually or jointly control growth and development through
planning, zoning, subdivision regulation, the reservation of mapped street
locations for future public acquisition, and the regulation of building in
the land reserved for such mapped streets.

Brevard County has not implemented the 1963 land use control law. A
planning department has been established, but only to act in an advisory
capacity. A planning commission, as provided in the 1963 law, charged
with the responsibility of preparing a comprehensive plan of development
for the county has not been appointed despite the pressing need for such
action.

Brevard County is a member of the seven county East Central Florida
Regional Planning Council formed in 1962 under the authority found in
Chapter 160, Florida Statutes. As a member of this regional planning
group Brevard County should have available sufficient basic information
to proceed with the formulation and adoption of a comprehensive and
coordinated plan of development.

Broward County

Broward County interest in zoning dates back to 1947 when a countywide
zoning law was passed by the Florida Legislature. 4/ This law required
voter approval in a referendum, but no record can be found of it being
submitted to the voters. In 1949 zoning was authorized in the unincor-
porated area between the Intercoastal Waterway and the Atlantic Ocean and
in 1955 countywide zoning was authorized. 5/ The 1955 law, as amended,

1/ Chap. 30597, Laws of Florida, 1955, Chap. 61-1908, Laws of
Florida, 1961.
2/ John N. Webb, Provisional Estimates of the Population of Florida
Counties, July 1, 1963, Bureau of Economics and Business Research, Univ.
of Fla., Bulletin No. 11, November, 1963.
3/ Chap. 63-1144, Laws of Florida, 1963.
4/ Chap. 24418, Laws of Florida, 1947.
5/ Chap. 25717, Laws of Florida, 1949, Chap. 30613, Laws of Florida,
1955.





- 17 -


remains the basic zoning authority in Broward County. Subdivision
control was first authorized in Broward County in 1953. 1/ The 1953
act has been amended and strengthened a number of times since 1953,
but it is still the basic authority for subdivision control in the
county.

Indirect planning authority was first authorized for Broward
County in the 1955 zoning law which required that regulations shall
be "in accordance with a comprehensive plan." Direct or specific
planning authority was first authorized in Broward County by the
creation of the Broward Regional Planning Board in 1959. 2/ This
authority was amended in 1961 and the board reorganized as the Broward
County Area Planning Board. The Broward County Area Planning Board
is charged with the responsibility of providing comprehensive, coordi-
nated, long-range planning for the county.

Calhoun County

Calhoun County has no land use control authority other than that
authorized by statute. In light of the declining population trend in
Calhoun County prior to 1960, local officials felt relatively little
need for land use control measures. Conflicting land use problems
were not considered sufficient to warrant special legislative action.

Charlotte County

The first attempt at countywide zoning in Charlotte County was
defeated by the voters in 1955. 3/ The 1957 Florida Legislature
authorized zoning in the county upon petition by 25 percent of the resi-
dents in any area and upon approval by a majority of the residents in
the area. 4/ At least two areas, Charlotte Harbor and Bayshore Sub-
division, were zoned under the 1957 authority. Zoning became effective
in the Charlotte Harbor area in August, 1959, and in the Bayshore Sub-
division area in May, 1960.

Countywide zoning authority was enacted by the Florida Legislature
during the 1961 session and was approved by the voters of Charlotte
County in November, 1961. 5/ Zoning regulations for the county were
adopted by the Board of County Commissioners in September, 1962.

In 1963 the entire land use control authority for Charlotte
County was overhauled and incorporated into one act which authorized
and directed the Board of County Commissioners to adopt zoning regu-
lations, subdivision regulations, and a comprehensive plan for the

1/ Chap. 28946, Laws of Florida, 1953.
2/ Chap. 59-1154, Laws of Florida, 1959.
3/ Chap. 30648, Laws of Florida, 1955.
4/ Chap. 57-1222, Laws of Florida, 1957.
5/ Chap. 61-1983, Laws of Florida, 1961.





- 18 -


growth and development of the county. 1/ Repeal of the 1961 zoning law
transferred all zoning authority to the 1963 law.

Subdivision control authority was extended to Charlotte County by
the Florida Legislature in 1961. 2/ This law has not been repealed.
The 1963 planning, zoning and subdivision control law charged the Planning
and Zoning Board with the responsibility of preparing and recommending
to the Board of County Commissioners resolutions providing for the orderly
development of the county, and to determine whether specific proposed
developments conform to the principles and requirements of the compre-
hensive plan. While final approval of all maps and plats of subdivisions
rests with the Board of County Commissioners, it is the duty of the
Planning and Zoning Board to examine all such maps and plats and recommend
approval or disapproval to the Board of County Commissioners.

Citrus County

Efforts to control land use along state roads in Citrus County date
back to 1959 when an act providing the Board of County Commissioners with
such power was passed by the Florida Legislature. 3/ This act, however,
required voter approval and was defeated at the polls on November 8, 1960.

Other than statutory provisions and a junk yard regulation and
fencing law passed by the legislature in 1963, Citrus County has no land
use control authority. 4/ Some interest in county zoning exists in
Citrus County, but it has not been sufficiently strong to obtain the
necessary enabling legislation.

Clay County

The authority to zone countywide and indirectly to plan was granted
Clay County by the Florida Legislature in 1957. 5/ In 1957 an interim
zoning ordinance was adopted by the Board of County Commissioners and the
present zoning regulations were adopted in October, 1959.

Aside from the statutory authority to control the recording of maps
and plats, Clay County has no authority to control the subdividing of
land. An effort to obtain such legislation during the 1965 session failed.

Indirect planning is authorized in the 1957 zoning law by the require-
ment that all regulations shall be "in accordance with a comprehensive
plan." The Clay County Board of County Commissioners has on two occasions
engaged planning consultants who have provided the county with various
base studies and a comprehensive plan of development for the county. The
most recent study and comprehensive plan was completed in 1964.

1/ Chap. 63-1209, Laws of Florida, 1963.
2/ Chap. 61-1986, Laws of Florida, 1961.
3/ Chap. 59-1176, Laws of Florida, 1959.
4/ Chap. 63-1214, Laws of Florida, 1963.
5/ Chap. 57-1225, Laws of Florida, 1957.





- 19 -


Collier County

The first zoning authority was granted Collier County by the
Florida Legislature in 1951, and the first zoning regulations were
adopted by the Board of County Commissioners in January, 1954. 1/
Subsequently, in 1957 and 1959, additional zoning powers were granted
the Board of County Commissioners. 2/ In 1965 all previous zoning
legislation for Collier County was repealed and a comprehensive planning,
zoning and subdivision control law enacted. 3/

Subdivision control authority was first authorized for Collier
County in 1955. 4/ It was apparently the intent of the 1965 Collier
County legislative delegation to repeal the 1955 subdivision control
law. However, because of a typographical error, the 1965 planning,
zoning and subdivision control bill as passed by the legislature
repealed Chapter 10667 instead of Chapter 30667. As a result, the 1955
subdivision control law is still in effect. No problems are antici-
pated as a result of this error and it will probably be corrected in
1967.

Early planning authority was indirectly authorized in the 1951
zoning law by the requirement that all regulations be "in accordance
with a comprehensive plan." Direct planning authority was authorized
in 1959 with creation of the Collier County Planning Board. 5/ The
1965 planning, zoning and subdivision control act, which repealed all
earlier planning authority, authorizes three planning commissions
with jurisdiction in the three geographic areas generally described
as (a) Immokalee District, (b) Everglades-Marco District, and (c)
Greater Naples District. Each planning commission is responsible for
preparing a comprehensive plan for the area under its jurisdiction.

In an area as small as a single county, the ideal situation would
be to have only one planning commission. However, given the existing
legislative authority, the success of planning in Collier County will
depend on the extent of cooperation and coordination between the three
planning commissions.

Columbia County

The 1955 Florida Legislature enacted a very brief law authorizing
the Columbia County Board of County Commissioners as the Zoning Board
to zone in any area outside the limits of municipalities. No planning
or subdivision control authority is included in the act. The act
contains no provisions for implementing zoning and no statement of
purpose or intent.

1/ Chap. 27472, Laws of Florida, 1951.
2/ Chap. 57-1237, Laws of Florida, 1957, Chap. 59-1192, Laws of
Florida, 1959.
3/ Chap. 65-1408, Laws of Florida, 1965.
4/ Chap. 30667, Laws of Florida, 1955.
5/ Chap. 59-1192, Laws of Florida, 1959.




- 20 -


Dade County

The history of zoning in Dade County dates to 1937 when a population
act was passed by the Florida Legislature authorizing zoning in counties
with a population of not less than 180,000. 1/ When enacted this law
applied only to Dade County, but subsequent population growth in other
counties has moved them into the applicable population brackets. As a
result, considerable confusion still exists concerning the applicability
of this law. At least six counties moved to exclude themselves from the
provisions of this act in 1961 following the 1960 Census. 2/ One county,
Duval, still uses this law as its zoning authority.

The 1937 population act was amended on numerous occasions between
1937 and 1957. In 1957 Dade County adopted a home rule charter which
was authorized in a 1942 constitutional amendment. 3/ The authority to
plan, zone and control subdivisions is contained in the Dade County Home
Rule Charter which was adopted on May 21, 1957.

In 1949 the Florida Legislature granted Dade County subdivision
control authority. 4/ This law was subsequently challenged in the courts
and declared unconstitutional by the Florida Supreme Court in the case
of Kass V. Lewin in 1958. 5/ Subdivision control authority is authorized
in the Dade County Home Rule Charter and implemented in Chapter 28 of the
Code of Metropolitan Dade County.

Direct planning authority was first granted Dade County by the
Florida Legislature in 1951. 6/ This authority was superseded by the
Dade County Home Rule Charter in 1957. 7/ PaDid population growth in
Dade County has forcefully demonstrated the neea ;fr -ffective land use
planning and control. Federal grants from the Urban Renewal Admir='eration
of the Housing and Finance Agency under the Urban Planning Assistance
Program authorized by Section 701 of the Housing Act of 1954, as amended,
have accelerated planning in the county. In October, 1963, a General Land
Use Master Plan for the county was proposed by the Metropolitan Dade County
Planning Advisory Board and the Planning Department for adoption by the
Board of County Commissioners. More than fifty studies made between 1958
and 1963 serve as the basis for this land use master plan.

DeSoto County

DeSoto County has had county zoning authority since 1959. 8/ A county
zoning board was appointed and was active for about a year after passage


1/ Chap. 17833, Laws of Florida, 1937.
2/ Chapters 61-558 (Broward), 61-577 (Pinellas), 61-769 (Polk),
61-1413 (Palm Beach), 61-1442 (Orange), 61-1468 (Hillsborough), Laws of
Florida, 1961.
3/ Art. VIII, Sec. 11, Fla. Constitution.
4/ Chap. 25519, Laws of Florida, 1949.
5/ 104 So. 2d 573 (1958).
6/ Chap. 27001, Laws of Florida, 1951.
7/ Sec. 1.01 (A) (5), Dade County Home Rule Charter.
8/ Chap. 59-1228, Laws of Florida, 1959.





- 21 -


of the enabling authority. During this period a planning consultant
was hired to draft zoning regulations for the county and a part-time
zoning director was employed for a short period. There is no record
indicating that zoning regulations were adopted by the Board of
County Commissioners; consequently, DeSoto County has no zoning
controls in effect.

In 1962 the DeSoto County Board of County Commissioners adopted
subdivision regulations citing the 1959 zoning law as the enabling
authority. It is interesting to note that the 1959 law does not
mention subdivisions. Any land use control authority contained in this
act, other than zoning and the adoption of safety and sanitary codes,
is very general and perhaps subject to challenge in the courts.

The 1959 law makes no reference to planning, either directly or
indirectly, and consequently DeSoto County has no planning authority.

Dixie County

Dixie County has no land use control authority of any type.
Relatively little interest or awareness of land use problems was dis-
cernible in the county. This is not surprising in a county with a
population of less than 5,000 and a population density of only 6.5
persons per square mile in 1960.

Duval County

Duval County obtained its first zoning authority in 1940 by
growing into a population act originally passed for Dade County in
1937. 1/ While the evidence is somewhat hazy, it appears that zoning
was first implemented in the county in 1945.

The question of zoning authority was clouded somewhat in 1945
when the Florida Legislature increased the minimum population require-
ments of Chapter 17833 (1937) from 180,000 to 260,000, thus excluding
Duval County from its provisions. 2/ This act specifically provides
that the provisions of Chapter 17833 (1937) shall apply only to
counties with a population of over 260,000. The population of Duval
County did not exceed this figure until the 1950 Census.

The almost exclusive use of population acts to authorize zoning
in Duval County presents nearly insurmountable difficulties in
analyzing the history of zoning in Duval County.

The zoning regulations currently in effect in Duval County cite
Chapter 17833 (1937) as the enabling authority.

A number of other counties have exceeded the minimum population
requirements of Chapter 17833 (1937). All of them, except Duval,


1/ Chap. 17833, Laws of Florida, 1937.
2/ Chap. 22808, Laws of Florida, 1945.




- 22 -


have enacted legislation to exclude themselves from the provisions of
this law.

The history of subdivision control in Duval County follows the same
pattern as that for zoning. Duval County first obtained subdivision
control authority in 1950 by growing into a population act passed by the
Florida Legislature in 1949. 1/ In 1958 certain sections of the act
were held unconstitutional by the Florida Supreme Court in the case of
Kass V. Lewin. 2/ In 1955 two amendments to Chapter 25519 (1949) were
passed by the legislature. 3/ Insofar as can be determined, these amend-
ments did not correct the objections of the Supreme Court in Kass V. Lewin.

Indirect planning authority for Duval County was included in the
1937 zoning law. Direct planning authority was granted Duval County in
1961 with the creation of the Jacksonville-Duval Area Planning Board. 4/

Escambia County

With the exception of two small areas, Escambia County has no county
zoning control. In 1956 and again in 1961 voter referendums rejected
legislative acts authorizing countywide zoning. 5/ Zoning or land use
control measures are effective in two areas of the county--Santa Rosa
Island and the area surrounding the new campus of the University of West
Florida. The 1947 law which created the Santa Rosa Island Authority
also authorized the Authority to adopt land use controls in that part of
the island owned or controlled by Escambia County. 6/ Zoning in an area
of approximately ten square miles adjacent to the University of West
Florida was authorized by the Florida Legislature in 1965. 7/

Subdivision control authority was granted Escambia County by the
Florida Legislature in 1959. 8/ Subdivision regulations were adopted by
the Board of County Commissioners in February, 1960. Planning authority
in Escambia County was rejected by the voters in the two zoning laws
previously cited. Planning has been implemented in the county with the
formation of the Pensacola-Escambia County Regional Planning Council
under the provisions of Chapter 160, Florida Statutes.

Flagler County

In 1951 the Florida Legislature authorized countywide zoning in
Flagler County subject to referendum approval by the voters. 9/ So far

1/ Chap. 25519, Laws of Florida, 1949.
2/ 104 So. 2d 573 (1958).
3/ Chap. 30201, Laws of Florida, Chap. 30202, Laws of Florida, 1955.
4/ Chap. 61-2329, Laws of Florida, 1961.
5/ Chap. 30745, Laws of Florida, 1955, Chap. 61-2123, Laws of
Florida, 1961.
6/ Chap. 24500, Laws of Florida, 1947.
7/ Chap. 65-1513, Laws of Florida, 1965.
8/ Chap. 59-1263, Laws of Florida, 1963.
9/ Chap. 27551, Laws of Florida, 1951.





- 23 -


as can be determined, there are no records which indicate that this
law was submitted to the voters for approval. Countywide zoning
without referendum approval was authorized for Flagler County by the
Florida Legislature in 1953. 1/ This law has not been implemented
and, consequently, Flagler County has no zoning control. Other than
the plat filing provisions of Chapter 177, Florida Statutes, Flagler
County has no subdivision control authority.

Indirect planning authority is contained in both the 1951 and the
1953 zoning laws by the requirement that all regulations shall be "in
accordance with a comprehensive plan."

Franklin County

Limited zoning authority was authorized for Franklin County in a
population act passed by the Florida Legislature in 1957. 2/ To become
effective this law required that a petition with at least 250 names be
filed with the Board of County Commissioners. Limited zoning powers
were conferred on the Port-Zoning-Development Commission. This law
was a combination developmental act which established a corporation
for developing the county and a planning and zoning act. County
planning was indirectly authorized by the requirement that all regu-
lations be "in accordance with a comprehensive plan." This law was
repealed by the Florida Legislature in 1961 thereby cancelling all
planning and zoning authority in Franklin County. 3/

Subdivision control authority was authorized for Franklin County
by the Florida Legislature in 1959. 4/ This law provides that plat
filing must conform to the provisions of Chapter 177.10, Florida
Statutes, and sets out numerous other provisions which must be met
before plats can be approved for recording.

Gadsden County

Gadsden County has no land use control authority. Some interest
in obtaining authority to establish setback distances from highways
was evidenced several years ago but such authority was not authorized
by the Florida Legislature.

Gilchrist County

Gilchrist County has no land use control authority. Relatively
few individuals are interested in land use control in this agricultural
county of less than three thousand population.


1/ Chap. 29073, Laws of Florida, 1953.
2/ Chap. 57-2000, Laws of Florida, 1957.
3/ Chap. 61-1338, Laws of Florida, 1961.
4/ Chap. 59-1296, Laws of Florida, 1959.




- 24 -


Glades County

Glades County is one of a few south Florida counties which have no
land use control authority. With no ocean seashore the rapid population
growth along the coast has not penetrated this far inland. Glades
County, with only four persons per square mile, has one of the lowest
population density rates in the state.

Gulf County

Gulf County has no planning or zoning authority. Subdivision control
was authorized by the Florida Legislature in 1957. 1/ The 1957 sub-
division control law has been amended twice--in 1959 and in 1961. 2/

Hamilton County

Hamilton County is one of a number of agricultural counties in north
and west Florida which have not felt the need for planning and land use
control authority.

Hardee County

Zoning authority for Hardee County was authorized by the Florida
Legislature in 1965. 3/ This law has not been implemented, but a citizens
committee has been appointed to study zoning needs in the county and
submit a report to the Board of County Commissioners. The 1965 act also
contains direct authority to expend money for planning purposes.

Subdivision controlauthority was authorized for Hardee County by
a population act in 1961. 4/

Hendry County

In 1955 the Florida Legislature authorized Hendry County to appoint
a citizens committee to study zoning problems in the county. Relatively
little information was found concerning the activities of this committee.
Other than a law passed by the Florida Legislature in 1965 authorizing
the Board of County Commissioners to establish.setback distances from
roads, Hendry County has no planning or zoning authority. 5/

Subdivision control authority was enacted by the Florida Legislature
in 1957. 6/


I/ Chap. 57-1345, Laws of Florida, 1957.
2/ Chap. 59-1316, Laws of Florida, Chap. 61-2213, Laws of
Florida, 1961.
3/ Chap. 65-1605, Laws of Florida, 1965.
4/ Chap. 61-709, Laws of Florida, 1961.
5/ Chap. 65-1610, Laws of Florida, 1965.
6/ Chap. 57-1362, Laws of Florida, 1957.





- 25 -


Hernando County

Zoning authority in Hernando County is limited to that territory
lying within 1,500 feet of the center line of any interstate, primary,
or secondary state road. 1/ Indirect planning authority is authorized
in this territory by the provision that zoning regulations shall be
"in accordance with a comprehensive plan." Insofar as can be deter-
mined, this law has not been implemented in the county.

The authority to control subdivisions in Hernando County was
granted by the Florida Legislature in 1959. 2/ The Board of County
Commissioners has implemented this law by the adoption of subdivision
regulations for Hernando County.

Highlands County

Highlands County has no planning or zoning authority. Subdivision
control authority was authorized by the Florida Legislature in 1961. 3/
Minimal subdivision regulations have been adopted by resolution of the
Board of County Commissioners.

Hillsborough County

The history of zoning in Hillsborough County is unique in some
respects. Instead of authorizing the Board of County Commissioners
to adopt zoning regulations, early legislative action designated
certain areas for residential purposes only and spelled out zoning
regulations for the area as well as excluding commercial establishments
in the area. 4/ Insofar as can be determined one or two of these
areas, although annexed by the City of Tampa, are still subject to the
provisions of these acts.

General zoning powers were first granted to the Hillsborough
Board of County Commissioners by the Florida Legislature in 1947. 5/
The zoning authority contained in the 1947 law was limited to the
area within three miles of the limits of the City of Tampa and one
mile from the limits of other municipalities. In 1949 these limits
were extended, and in 1953 zoning powers were extended to the entire
county by the legislature. 6/ The current zoning regulations were
adopted by the Board of County Commissioners in January, 1963. All
of Hillsborough County has been zoned with the exception of a very


1/ Chap. 59-1337, Laws of Florida, 1959.
2/ Chap. 59-1336, Laws of Florida, 1959.
3/ Chap. 61-2233, Laws of Florida, 1961.
4/ Chap. 18930, Laws of Florida, 1937; Chap. 24580, Laws of
Florida, 1947; Chap. 25887, Laws of Florida, 1949; Chap. 27602, Laws
of Florida, 1951; Chap. 29126, Laws of Florida, 1953.
5/ Chap. 24592, Laws of Florida, 1947.
6/ Chap. 25889, Laws of Florida, 1949; Chap. 29131, Laws of
Florida, 1953.




- 26 -


small area in the northeast corner and the southeast corner of the county.
The unzoned agricultural area in the southeast corner of the county com-
prises about one-eighth of the total land area in the county.

Subdivision control authority was granted Hillsborough County by the
legislature in 1953. 1/ This law, as amended, still serves as the basic
authority for subdivision control in Hillsborough County.

Indirect planning authority was authorized for Hillsborough County
in the 1947 zoning law. 2/ In 1959, however, direct planning authority
was granted by the legislature in an act which created a city-county
planning commission to be known as the Hillsborough County Planning Com-
mission. 3/ Amendments to the 1959 planning law and other legislative
acts have appreciably increased the power of the Hillsborough County
Planning Commission to direct development within the county and the City
of Tampa. 4/

Holmes County

Holmes County is one of several agricultural counties in north and
west Florida which have experienced population losses since 1940. This
trend has been reversed since 1960, but the growth rate is quite low.

Insofar as can be determined, Holmes County has no planning or land
use control authority.

Indian River County

Countywide zoning authority was granted to Indian River County by
the Florida Legislature in 1941. 5/ This act remains the basic zoning
authority in the county. Zoning regulations were first adopted by the
Indian River Board of County Commissioners in February, 1957, and revised
in 1963.

In 1953 the Florida Legislature enacted legislation authorizing the
Indian River Board of County Commissioners to adopt regulations to control
subdivisions. 6/ This law remains the basic authority for subdivision
control in Indian River County.

Indirect planning authority was contained in the 1941 zoning law by
the requirement that zoning regulations shall be "in accordance with a
comprehensive plan." As a member of the seven county East Central Florida
Regional Planning Council formed in 1962 under the authority of Chapter
160, Florida Statutes, Indian River should have available sufficient basic
data to proceed with a comprehensive plan of development for the county.


1/ Chap. 29130, Laws of Florida, 1953.
2/ Chap. 24592, Laws of-Florida, 1947.
3/ Chap. 59-1363, Laws of Florida, 1959.
4/ Chap. 61-2262, Laws of Florida, 1961; Chap. 61-2264, Laws of
Florida, 1961; Chap. 63-1407, Laws of Florida, 1963; Chap. 65-1670, Laws
of Florida, 1965.
5/ Chap. 21310, Laws of Florida, 1941.
6/ Chap. 29155, Laws of Florida, 1953.




- 27 -


Jackson County

Jackson County has been growing at a relatively slow pace since
1930. Despite this growth no pressing need has been felt in the
county for legislative authority to plan or exercise land use control.
Insofar as can be determined, Jackson County has no planning or land
use control authority.

Jefferson County

Jefferson County, a former cotton producing county, has con-
sistently lost population from 1930 to 1960. Estimates indicate a
reversal of this trend since 1960, but this recent growth rate is still
well below the state average.

Jefferson County has no planning or land use control authority,
and local officials indicate relatively little interest in or need for
such authority.

Lafayette County

Lafayette County is one of several counties in north and west
Florida where population losses and relatively low population densities
have not presented the type of land use problems which require legis-
lative action. Insofar as can be determined, Lafayette County has no
planning or land use control authority.

Lake County

In 1947 a population act authorized zoning in Lake County. 1/
Apparently this law was never implemented and it was repealed in
1961. 2/ Rural zoning in Lake County was approached somewhat more
cautiously in 1957, with the authority limited to the territory within
five miles of the city limits of any municipality and within 1,000
feet of the center line of primary or secondary roads. 3/ The 1957
law remains the basic zoning authority in Lake County. An amendment
in 1961 enlarged the area of coverage and in 1965 zoning authority was
extended to the entire county. 4/ In 1963 the Florida Legislature
authorized countywide zoning in Lake County but made the law subject
to the approval of the voters in the county. 5/ This law was never
submitted to a referendum and the authority lapsed in November, 1963.

The first legislative effort to control subdivisions in Lake
County came in 1953. 6/ This law was repealed in 1957 and in 1959
the present subdivision control authority, a population act, was


1/ Chap. 24311, Laws of Florida, 1947.
2/ Chap. 61-1338, Laws of Florida, 1961.
3/ Chap. 57-1486, Laws of Florida, 1957.
4/ Chap. 61-2374, Laws of Florida, 1961; Chap. 65-1783, Laws
of Florida, 1965.
5/ Chap. 63-1508, Laws of Florida, 1963.
6/ Chap. 29219, Laws of Florida, 1953.




- 28 -


enacted by the Florida Legislature. 1/ A 1961 amendment increased the
population brackets to keep the law in effect, and a 1963 amendment
required that intersections in subdivisions be marked to show the name
or number of the street. 2/ The authority to adopt subdivision control
regulations was also included in the 1961 zoning law. 3/

Indirect planning authority was contained in the 1957 zoning law
by the requirement that all regulations be "in accordance with a com-
prehensive plan." Direct planning authority was granted by the Florida
Legislature in 1961, but the authority did not extend to the.entire
county. 3/ Direct planning authority was extended to all of Lake County
in 1965. 4/

Lee County

In 1949 the Florida Legislature authorized the Board of County Com-
missioners to zone the unincorporated area of Lee County provided 75
percent of the property owners in an area petitioned to be zoned. 5/
Four years later the Florida Legislature reduced the number of petitioners
required for zoning to 15 percent of the resident in an area provided
a majority of the residents in the area approved zoning. 6/ Zoning
within two miles of the boundary of airports and seven miles from the end
of any runway was authorized by the Florida Legislature in a 1955 popu-
lation act. 7/

Planning and zoning was authorized on Sanibel Island in 1959 by
the creation of the Sanibel Island Planning and Zoning District. 8/ Upon
the enactment of countywide zoning authority in 1961, some question arose
concerning the status of the Sanibel Island Planning and Zoning Authority.9/
A legislative act abolished the Sanibel Island Planning and Zoning in 1965
and thus placed the island under the control of the county zoning board. 10/

The Lee County Board of County Commissioners was given authority to
control subdivisions in 1961. 11/

Indirect planning authority was authorized in the early zoning laws
but was applicable only to those areas which had requested zoning by
petition. Indirect, countywide planning authority is contained in the 1961
zoning law by the requirement that all regulations be "in accordance with
a comprehensive plan." 10/

1/ Chap. 59-568, Laws of Florida, 1959.
2/ Chap. 61-1813, Laws of Florida, 1961; Chap. 63-689, Laws of
Florida, 1963.
3/ Chap. 61-2374, Laws of Florida, 1961.
4/ Chap. 65-1783, Laws of Florida, 1965.
5/ Chap. 25971, Laws of Florida, 1949.
6/ Chap. 29239, Laws of Florida, 1953.
7/ Chap. 30269, Laws of Florida, 1955.
8/ Chap. 59-1495, Laws of Florida, 1959.
9/ Chap. 61-2405, Laws of Florida, 1961.
10/ Chap. 65-1826, Laws of Florida, 1965.
11/ Chap. 61-2408, Laws of Florida, 1961.





- 29 -


Leon County

The history of rural zoning in Leon County can be termed one of
gradual involvement. The first zoning law enacted for Leon County
by the Florida Legislature in 1947 limited the authority to the area
within five miles of the City of Tallahassee and 1,000 feet from the
center line of certain state roads. 1/ This law, as amended, remains
the basic zoning authority in Leon County. An amendment in 1949
extended the limits of zoning authority, and in 1961 countywide zoning
was authorized. 2/

Subdivision control authority was granted the Leon County Board
of County Commissioners in 1949. 3/ This authority remained in
effect until 1959 when it was repealed and superseded by a new sub-
division control law. 4/

Indirect planning authority was contained in the 1947 zoning law
by the requirement that all regulations be "in accordance with a com-
prehensive plan." 5/ This law continues as the basic planning
authority in Leon County.

Levy County

A population act passed by the Florida Legislature in 1963
authorized the Board of County Commissioners of Levy County to plan,
zone, regulate subdivisions, and reserve lands for future streets. 6/
Insofar as can be determined this law has not been implemented in
Levy County. However, a 1957 subdivision control and plat recording
law has been implemented in the county. 7/

Liberty County

Liberty County is one of a number of agricultural and forest
counties in north and west Florida which have not felt the need for
legislative authority to plan and control land use. Liberty County
was the only county in the state which continued to lose population
from 1960 to 1963, and the density of population, 3.6 persons per
square mile, is the lowest of any county in Florida.

Madison County

Madison County is one of several north Florida counties which have
experienced out-migration since the 1940's. Counties with declining
populations generally are not confronted with the type or intensity of


J/ Chap. 24663, Laws of Florida, 1947.
2/ Chap. 25981, Laws of Florida, 1949; Chap. 61-2416, Laws of
Florida, 1961.
3/ Chap. 25979, Laws of Florida, 1949.
4/ Chap. 59-1503, Laws of Florida, 1959.
5/ Chap. 24663, Laws of Florida, 1947.
6/ Chap. 63-638, Laws of Florida, 1963.
7/ Chap. 57-1530, Laws of Florida, 1957.




- 30 -


land use problems which generate sufficient public interest to justify
legislative action. Madison County has no planning or land use control
authority other than that provided in the Florida Statutes.

Manatee County

A special act of the Florida Legislature in 1949 created the first
zoning district in Manatee County. I/ This district, known as the
Whitfield Zoning District, is still functioning under the 1949 authority
and has been specifically excluded from more recent county zoning authority.
During the 1949 legislative session the Manatee Board of County Com-
missioners was authorized to zone Anna Maria Key and part of Longboat Key
upon petition by two-thirds of the qualified freeholders in the area. 2/
Countywide zoning in Manatee County was authorized by the Florida Legis-
lature in 1955, and the entire county was zoned by 1957. 3/ A 1959
legislative act supplemented but did not repeal the authority granted the
Board of County Commissioners in earlier zoning acts. 4/

The current zoning authority, which was enacted in 1953, wiped the
slate clean, with the exception of the Whitfield Zoning District, by
repealing all earlier zoning laws. 5/ The 1963 law is a comprehensive
land use control law.

Subdivision control authority was granted the Manatee Board of County
Commissioners in 1955, and again in 1959. 6/ Both of these acts were
repealed when the current subdivision control authority was enacted in
1963. 5/ Current subdivision regulations adopted by the Board of County
Commissioners became effective in January, 1964.

Manatee County has had direct, countywide planning authority since
1955. 6/ Elements of the county plan have been developing since 1959
when a county road program was proposed. In 1961 a professional planner
was employed by the county government and work proceeded on a compre-
hensive plan of development for the county.

Marion County

Marion County is one of four counties in the state having county
zoning authority which is limited in some spatial manner. In 1947 the
Florida Legislature granted the Marion Board of County Commissioners
zoning powers but limited this authority to that area outside of munici-
palities lying within a five mile radius of the Marion County Courthouse
in Ocala and that territory within 1,000 yards on either side of State
Road 40 from the eastern limits of the City of Ocala to the Oklawaha
River. 7/ Ten years later this zoning authority was expanded to include

1/ Chap. 25996, Laws of Florida, 1949.
2/ Chap. 25999, Laws of.Florida, 1949.
3/ Chap. 30958, Laws of Florida, 1955.
4/ Chap. 59-1542, Laws of Florida, 1959.
5/ Chap. 63-1599, Laws of Florida, 1963.
6/ Chap. 30958, Laws of Florida, 1959; Chap. 59-1542, Laws of
Florida, 1959.
7/ Chap. 24687, Laws of Florida, 1947.





- 31 -


that territory lying within 500 feet of the center line of all primary
roads in the county. 1/ An amendment in 1963 authorized zoning
throughout the remainder of the county if two-thirds of the residents
of an area petition the Board of County Commissioners to be zoned. 2/
Thus since 1963 Marion County has had two types of zoning authority--
full zoning authority within five miles of the county courthouse and
along certain roads, and a zoning by petition authority in the
remainder of the county.

Authority to regulate and control subdivisions was granted the
Marion Board of County Commissioners by the Florida Legislature in
1959. 3/ This authority is countywide in scope.

Indirect planning authority was authorized in the 1947 zoning
law by the requirement that all regulations be "in accordance with a
comprehensive plan." Planning authority is limited to the same area
as zoning authority. In 1963 a planning consultant was employed by
the county and a comprehensive plan of development was completed.

Martin County

Zoning authority in Martin County was first granted by the Florida
Legislature in 1941. 4/ Amendments to the 1941 zoning law were enacted
in 1949 and 1955. 5/ In 1957 a new zoning law was passed by the
Florida Legislature, but was rejected by the voters of Martin County
in November, 1957. 6/ The present zoning authority was enacted by
the Florida Legislature in 1961 and authorizes the adoption of a
comprehensive plan, zoning regulations, subdivision control regulations
and building, electrical and plumbing codes. 7/

Limited subdivision control authority was obtained by Martin
County in 1955. 8/ Supplemental subdivision control laws were passed
by the Florida Legislature in 1957 and 1959. 9/

In 1961 the Florida Legislature enacted a somewhat unique law
applicable to Martin County. 10/ This law authorizes the Board of
Commissioners to zone lands as agricultural and establishes rules to


1/ Chap. 57-1563, Laws of Florida, 1957.
2/ Chap. 63-1609, Laws of Florida, 1963.
3/ Chap. 59-1553, Laws of Florida, 1959.
4/ Chap. 21381, Laws of Florida, 1941.
5/ Chap. 26012, Laws of Florida, 1949; Chap. 30968, Laws of
Florida, 1955.
6/ Chap. 57-1568, Laws of Florida, 1957.
7/ Chap. 61-2466, Laws of Florida, 1961.
8/ Chap. 30971, Laws of Florida, 1955.
9/ Chap. 57-1573, Laws of Florida, 1957; Chap. 59-1562, Laws of
Florida, 1959.
10/ Chap. 61-2478, Laws of Florida, 1961.





- 32 -


be followed by the tax assessor in assessing these agricultural lands.
The Martin County agricultural zoning law tracks very closely the 1959
"Green Belt" law. 1/

Monroe County

The proliferation of zoning laws applicable to Monroe County makes
it somewhat difficult to determine which laws apply at any given point
in time.

Countywide zoning was first authorized for Monroe County in 1945. 2/
A 1951 act of the legislature repealed the 1945 zoning law and authorized
zoning on Stock Island, apparently cancelling all zoning authority in
Monroe County except for Stock Island. 3/ Countywide zoning authority
was restored to the Monroe Board of County Commissioners by a population
act in 1957. 4/ Again in 1959 countywide zoning authority was granted
to Monroe County by the Florida Legislature. 5/ The most recent county-
wide zoning authority was enacted by the legislature in 1961. 6/

Subdivision control authority was granted to Monroe County in 1959. 7/
In 1965 a legislative act set forth the minimum size of lots permissible
in trailer subdivisions. 8/

Indirect planning authority has been included in all of the zoning
acts applicable to Monroe County by the requirement that all regulations
shall be "in accordance with a comprehensive plan."

Nassau County

Nassau County is one of four counties in Florida which have zoning
authority in a limited territory of the county. A 1947 act of the legis-
lature granted the Nassau Board of County Commissioners authority to plan,
zone and regulate subdivisions in the unincorporated territory of Amelia
Island. 9/ This law has not been implemented.

The authority to adopt subdivision control regulations was granted
the Nassau Board of County Commissioners by the Florida Legislature in
1961. 10/ Insofar as can be determined no steps have been taken to
implement this law.

1/ Chap. 193.201, Fla. Statutes.
2/ Chap. 23417, Laws of Florida, 1945.
3/ Chap. 27756, Laws of Florida, 1951.
4/ Chap. 57-2016, Laws of Florida, 1957.
5/ Chap. 59-1576, Laws of Florida, 1959.
6/ Chap. 61-2503, Laws of Florida, 1961.
7/ Chap. 59-1578, Laws of Florida, 1959.
8/ Chap. 65-1922, Laws of Florida, 1965.
9/ Chap. 24734, Laws of Florida, 1947.
10/ Chap. 61-2527, Laws of Florida, 1961.





- 33 -


Okaloosa County

Okaloosa County has no countywide zoning authority. However,
the Okaloosa Island Authority, created by the legislature in 1953,
does have the power to adopt general land use control regulations
for that part of Santa Rosa Island owned or controlled by Okaloosa
County. 1/

Subdivision control authority was granted to the Board of County
Commissioners by the Florida Legislature in 1961. 2/ No planning
authority, other than those generally delegated to the island develop-
ment authority, has been granted Okaloosa County.

Okeechobee County

Countywide zoning has been authorized in Okeechobee County since
1959. 3/ Zoning has generated considerable interest in the county at
times, but insofar as can be determined the Board of County Com-
missioners has not implemented the law by the adoption of zoning regu-
lations. A Planning and Zoning Board has been appointed to serve in
an advisory capacity to the Board of County Commissioners. Sub-
division control authority was granted to the Okeechobee Board of
County Commissioners in 1957. 4/

Indirect planning authority was contained in the 1959 zoning law
by the requirement that all regulations be "in accordance with a com-
prehensive plan."

Orange County

Zoning powers were first granted to the Orange County Commissioners
in a population act enacted by the legislature in 1939. 5/ Zoning
powers granted in this act were limited to an area one and one-half
miles from the city limits of any city or town in the county. In 1955
an elected zoning commission was created with zoning authority in an
area adjacent to the City of Orlando. 6/ Zoning authority was extended
to the entire county in 1957 by an amendment to the 1955 zoning law. 7/
In 1961 the zoning authority was revised to include planning as a
basic function, but the newly created Planning and Zoning Commission
remained an elected body. 8/ By 1963 population growth in Orange
County and the accompanying problems provided the incentive for passage
of a comprehensive planning and land use control law by the legis-
lature. 9/ This law cleaned up most of the earlier clutter of zoning

1/ Chap. 29336, Laws of Florida, 1953.
2/ Chap. 61-2560, Laws of Florida, 1961.
3/ Chap. 59-1635, Laws of Florida, 1959.
4/ Chap. 57-1630, Laws of Florida, 1957.
5/ Chap. 19525, Laws of Florida, 1939.
6/ Chap. 31068, Laws of Florida, 1955.
7/ Chap. 57-1641, Laws of Florida, 1957.
8/ Chap. 61-2591, Laws of Florida, 1961.
9/ Chap. 63-1716, Laws of Florida, 1963.




- 34 -


laws by repealing them. The 1963 law eliminated the elected Planning and
Zoning Commission and replaced it with an appointive body. This law remains
the basic zoning authority in Orange County.

Subdivision control authority was first authorized for Orange County
in a population act passed by the legislature in 1953. 1/ This act was
amended in 1955 and in 1957. 2/ In 1959 a new subdivision control law
was passed by the legislature which repealed the three earlier acts. 3/ A
comprehensive subdivision control act for Orange County was enacted by the
Florida Legislature in 1965. 4/ This act is the current subdivision
control authority.

Planning authority, either direct or indirect, was not granted Orange
County until 1961 when an elected Planning and Zoning Commission was
created by legislative act. 5/ This act was the basic planning authority
until 1963 when an appointive Planning and Zoning Commission was created
by the Florida Legislature. 6/ This law remains the basic planning
authority in Orange County.

Osceola County

Osceola County is somewhat unique among Florida counties in the manner
in which planning and land use controls developed. Insofar as can be
determined Osceola County is the only county in Florida in which planning
authority preceded zoning authority. In fact, Osceola County was granted
direct planning authority in 1963, and again in 1965, but still does not
have zoning authority. 7/ It is anticipated, of course, that once an
adequate plan of development is accepted, zoning authority will follow as
a natural consequence.

Subdivision control authority was enacted by the Florida Legislature
in 1957 and was approved by referendum on November 4, 1958. In 1959 this
law was repealed by a new subdivision control law which was not subject
to referendum approval. 8/ In 1965 a population act authorized the Board
of County Commissioners to, among other things, adopt and enforce sub-
division regulations. 9/

Palm Beach County

Earliest efforts to zone in Palm Beach County date back to 1949 when
the legislature enacted a petition type of zoning law and made it subject
to referendum approval. 10/ Voter approval was obtained in February,

1/ Chap. 28447, Laws of Florida, 1953.
2/ Chap. 30187, Laws of Florida, 1955; Chap. 57-977, Laws of
Florida, 1957.
3/ Chap. 59-1646, Laws of Florida, 1959.
4/ Chap. 65-2015, Laws of Florida, 1965.
5/ Chap. 61-2591, Laws of Florida, 1961.
6/ Chap. 63-1716, Laws of Florida, 1963.
7/ Chap. 63-1731, Laws of Florida, 1963; Chap. 65-975, Laws of
Florida, 1965.
8/ Chap. 59-1673, Laws of Florida, 1959.
9/ Chap. 65-975, Laws of Florida, 1965.
10/ Chap. 26114, Laws of Florida, 1949.




- 35 -


1950. General countywide zoning powers were authorized by the Florida
Legislature in 1955 and again in 1957. 1/ In both of these acts the
Board of County Commissioners served as the Zoning Commission. How-
ever, a 1959 act of the legislature supplemented and amended earlier
zoning acts and provided for a Zoning Commission appointed by the
Board of County Commissioners. 2/ Current zoning regulations in Palm
Beach County are promulgated and enforced under the authority granted
in the zoning acts of 1955, 1957, and 1959.

Subdivision control authority for Palm Beach County was granted
by the legislature in 1949 subject to a referendum. 3/ The voters of
Palm Beach County rejected the subdivision control law on February 23,
1950. A year later, in 1951, the legislature authorized the Board of
County Commissioners to adopt subdivision control regulations for Palm
Beach County without the necessity of referendum approval. 4/ Sub-
division control authority in Palm Beach County was expanded and
strengthened by an act of the legislature in 1955. 5/ The zoning laws
of 1955 and 1957 both authorize the Zoning Commission to prepare and
adopt subdivision regulations.

Authority to plan and to adopt a comprehensive plan were included
among the provisions of both the 1955 and the 1957 zoning laws. How-
ever, in 1965 the planning authority previously vested in the Zoning
Commission was granted to a newly created Palm Beach County Area Planning
Board. 6/

Pasco County

Countywide zoning authority was granted Pasco County by the legis-
lature in 1957. 7/ Zoning regulations were not adopted by the Board
of County Commissioners. In the period from 1957 to 1960 considerable
opposition to the zoning law developed and, as a result, a referendum
was held on May 3, 1960 and zoning was defeated by approximately a 10
to 1 majority. This law was repealed during the 1961 session of the
legislature. Pasco County currently has no planning or zoning authority.

Minimal subdivision control authority was authorized for Pasco
County in 1955. 8/ This law was concerned primarily with the width and
drainage of roads in subdivisions. Authority to adopt subdivision
control regulations was granted the Board of County Commissioners in
1961. 9/


1/ Chap. 31119, Laws of Florida, 1955; Chap. 57-1691, Laws of
Florida, 1957.
2/ Chap. 59-1686, Laws of Florida, 1959.
3/ Chap. 26112, Laws of Florida, 1949.
4/ Chap. 27797, Laws of Florida, 1951.
5/ Chap. 31113, Laws of Florida, 1955.
6/ Chap. 65-2063, Laws of Florida, 1965.
7/ Chap. 57-1709, Laws of Florida, 1957.
8/ Chap. 31155, Laws of Florida, 1955.
9/ Chap. 61-2646, Laws of Florida, 1961.




- 36 -


Pinellas County

Land use control through the use of zoning power was first authorized
in Pinellas County by a population act passed by the legislature in
1939. 1/ Zoning authority under this law was limited to the area one and
one-half miles from any city or town and within 1,500 feet of any highway.
Countywide zoning authority was granted to the Board of County Com-
missioners in 1949. 2/ Voter approval was required to make this law
effective and the voters of Pinellas County approved the measure on
November 7, 1950. This law, as amended, remains the basic toning author-
ity in Pinellas County.

Authority to adopt subdivision control regulations was granted the
Pinellas Board of County Commissioners in 1949. 3/ Referendum approval
of this law was obtained on November 7, 1950. During the 1949 legislative
session an identical subdivision control law was enacted except that it
did not require referendum approval. 4/ The nonreferendum law is the
authority used for subdivision control in Pinellas County.

Indirect planning authority was authorized in the 1949 zoning law by
the requirement that all regulations be "in accordance with a compre-
hensive plan." Direct planning authority was granted to Pinellas County
in 1965 by the creation of the Pinellas County Planning Council. 5/

Polk County

A limited type of zoning authority was first granted Polk County in
1939. 6/ This population act authorized zoning in the territory one and
one-half miles from the limits of any city or town and within 1,500 feet
of any public highway. Apparently this law was never implemented and it
was repealed in 1961. The 1949 legislature granted the Polk Board of
County Commissioners power to exercise the same authority contained in
Chapter 176, Florida Statutes, which grants cities authority to zone. 7/
Little was found concerning the disposition of this law. It has not
been implemented and no record of its repeal was found.

In 1951 the Florida Legislature authorized the Board of County Com-
missioners to zone within three miles of the limits of the cities of
Lakeland and Winter Haven and one mile from the limits of all other cities
in Polk County. 8/ Referendum approval of this act was necessary, but
voters rejected the measure on May 27, 1952. A similar law was enacted
by the legislature again in 1957. 9/ Like the earlier law, it too was

1/ Chap. 19525, Laws of Florida, 1939.
2/ Chap. 26164, Laws of Florida, 1949.
3/ Chap. 26151, Laws of Florida, 1949.
4/ Chap. 26153, Laws of Florida, 1949.
5/ Chap. 65-2118, Laws of Florida, 1965.
6/ Chap. 19525, Laws of Florida, 1939.
7/ Chap. 26170, Laws of Florida, 1949.
8/ Chap. 27826, Laws of Florida, 1951.
9/ Chap. 57-1751, Laws of Florida, 1957.





- 37 -


subject to voter approval and was rejected on May 4, 1958. Again in
1963 the legislature enacted a zoning law and made it subject to voter
approval in either 1964 or 1966. 1/ An amendment in 1965 changed the
dates of the required referendums to either November, 1965 or November,
1966. 2/ The 1963 zoning law was submitted to the voters of Polk
County on November 2, 1965, and was defeated. As a consequence, Polk
County does not have zoning authority.

Authority to adopt subdivision control regulations was granted
the Board of County Commissioners in 1957. 3/ This law is the basic
authority for subdivision control in Polk County.

Planning authority was contained in most of the earlier zoning
laws which were rejected by the voters of Polk County. In 1963, how-
ever, a separate planning act created the Polk County Planning Board
to prepare a comprehensive zoning plan for the county. 4/ This board
prepared the zoning plan which was submitted to the voters and defeated
on November 2, 1965.

Putnam County

Putnam County is one of three counties in the state which now
has countywide zoning authority only if the Board of County Com-
missioners is petitioned to zone by a majority of the residents in
the proposed area. This limited zoning authority was enacted by the
legislature in 1961. 5/ Insofar as can be determined the Board of
County Commissioners has not implemented this law in any part of Putnam
County. In response to a few petitions for zoning, the County Com-
missioners have determined that the requesting areas were too small
for effective zoning and to comply with these requests would amount
to spot zoning. Planning consultants have advised the Board of County
Commissioners to seek legislation which would allow the board to
establish zoning regulations in the county without the need for
citizen petitions.

Subdivision control regulations have been adopted under the author-
ity granted the Board of County Commissioners by the legislature in
1961. 6/

Indirect planning authority was contained in the 1961 zoning law
but was applicable only in those areas in which zoning was effective.
Consequently, Putnam County has no effective planning authority.

Santa Rosa County

Land use control on that part of Santa Rosa Island controlled by
Santa Rosa County was granted to the Santa Rosa County Beach Adminis-
tration in 1951. 7/ Santa Rosa County controls about four miles of

1/ Chap. 63-1822, Laws of Florida, 1963.
2/ Chap. 65-2132, Laws of Florida, 1965.
3/ Chap. 57-1746, Laws of Florida, 1957.
4/ Chap. 63-1814, Laws of Florida, 1963.
5/ Chap. 61-2728, Laws of Florida, 1961.
6/ Chap. 61-2726, Laws of Florida, 1961.
7/ Chap. 27881, Laws of Florida, 1951.




- 38 -


Santa Rosa Island by lease. The Santa Rosa County Beach Administration
is primarily a development corporation, but it does have the power to
enforce certain regulations.

Aside from Santa Rosa Island and the authority of the Board of County
Commissioners to approve subdivision plats for recording as provided in
Chapter 177, Florida Statutes, Santa Rosa County has no planning or land
use control authority.

Sarasota County

The first zoning authority in Sarasota County was a petition law
passed by the Florida Legislature in 1951. 1/ To be included under the
provisions of this law, two-thirds of the owners of real estate in an
area had to petition the Board of County Commissioners requesting that
the area be zoned. This act was implemented in 1954. Three areas petitioned
to be zoned--Siesta Key in 1954 and Casey Key and Manasota Key in 1955.
True countywide zoning authority was granted to Sarasota County and the
municipalities therein in 1955. 2/ This law, as amended, remains the basic
zoning authority for the county. The current zoning regulations were sub-
mitted to the Board of County Commissioners on April 1, 1960 and adopted
by the Board on October 26, 1960. More than fourteen amendments have been
made in the zoning regulations since October, 1960.

One of the earliest plat recording acts was passed by the Florida
Legislature for Sarasota County in 1925. 3/ Countywide subdivision control
authority was authorized for the county in 1953 and again in 1955. 4/ The
1955 planning, zoning, and subdivision control law, as amended, is still
the basic subdivision control authority in Sarasota County.

Sarasota County has had direct planning authority since 1955. 4/
This act provides for the preparation and adoption of a comprehensive plan
and defines the legal status of the plan.

Seminole County

A very brief and inadequate law enacted by the Florida Legislature
in 1947 proposed to delegate zoning power to the Seminole Board of County
Commissioners. 5/ In 1951 zoning authority was granted the Board of
County Commissioners in any area outside of municipalities lying within
500 feet of the center line of state or county roads, subject to refer-
endum approval by the voters. 6/ Voter approval was obtained on November 4,
1952.


1/ Chap. 27887, Laws of Florida, 1951.
2/ Chap. 31264, Laws of Florida, 1955.
3/ Chap. 11183, Laws of. Florida, 1925.
4/ Chap. 29529, Laws of Florida, 1953; Chap. 31264, Laws of Florida,
1955.
5/ Chap. 24892, Laws of Florida, 1947.
6/ Chap. 27895, Laws of Florida, 1951.





- 39 -


In 1955 a population act authorized the City of Sanford to zone
outside the city limits to a distance of one mile. 1/ This law is
apparently still in effect since an amendment in 1961 increased the
population brackets to reflect the 1960 Census. 2/ Countywide zoning
authority was granted the Seminole Board of County Commissioners in
1957. 3/ Interim zoning regulations were adopted by the Board of
County Commissioners in 1957, and in 1960 the present zoning regu-
lations were adopted. The 1957 zoning law remains the basic authority
for zoning in Seminole County.

Seminole County was one of the earliest counties to have special
legislation concerning the recording of plats and maps. 4/ This 1925
law, which was concerned with the mechanics of filing maps and plats
instead of subdivision control, was repealed in 1959. A 1955 popu-
lation act authorized the Board of County Commissioners to adopt
certain subdivision control regulations. 5/ This law was repealed in
the following legislative session and a new subdivision control law
enacted. 6/ The 1957 law, as amended, continues as the basic sub-
division control authority in Seminole County. In 1961 a population
act authorized the Board of County Commissioners to insure the com-
pletion of sewer and water facilities in subdivisions by requiring the
posting of a deposit or bond by the developer. 7/

Indirect planning authority was contained in the 1957 zoning law
by the requirement that all zoning regulations be "in accordance with
a comprehensive plan." In addition, Seminole County is a member of
the seven-county East Central Florida Regional Planning Council
authorized under Chapter 160, Florida Statutes. As a member of this
planning association certain benefits accrue to Seminole County which
should aid in the local planning process.

St. Johns County

A brief law enacted by the Florida Legislature in 1947 granted
general countywide zoning powers to the Board of County Commissioners 8/
Apparently this law was never implemented, and in 1949 and the present
enabling authority was enacted by the legislature. 9/ Three zoning
districts have been created under the authority of the 1949 zoning law.
Zoning regulations for District Number One were adopted by the Board
of County Commissioners on March 30, 1951. The area encompassed in
zoning District Number One is essentially the same as the corporation

1/ Chap. 30030, Laws of Florida, 1955.
2/ Chap. 61-1515, Laws of Florida, 1961.
3/ Chap. 57-1863, Laws of Florida, 1957.
4/ Chap. 11193, Laws of Florida, 1925.
5/ Chap. 30067, Laws of Florida, 1955.
6/ Chap. 57-1858, Laws of Florida, 1957; Chap. 57-1860, Laws of
Florida, 1957.
7/ Chap. 61-600, Laws of Florida, 1961.
8/ Chap. 24862, Laws of Florida, 1947.
9/ Chap. 26198, Laws of Florida, 1949.




- 40 -


limits of the City of St. Augustine Beach and, consequently, this district
is defunct. Zoning regulations for District Number Two were adopted by
the Board of County Commissioners on March 12, 1957. This district
includes all of the unzoned portion of Anastasia Island lying south of the
city limits of St. Augustine excepting state and national parks. District
Number Three zoning regulations were adopted by the county commission on
March 8, 1962. This zone encompasses the area generally referred to as
Vilano Beach.

In 1965 the Florida Legislature created the Ponte Vedra Zoning
District. 1/ The zoning district created by this act is a relatively
autonomous body similar to the special zoning districts in Volusia County.

Aside from the three zoning districts created under the authority
of the 1949 county zoning law and the Ponte Vedra Zoning District, the
remainder of the unincorporated territory in St. Johns County is unzoned.

Subdivision control authority was granted to St. Johns County by the
legislature in 1957. 2/ Indirect planning authority was contained in the
1949 zoning law by the requirement that all regulations be "in accordance
with a comprehensive plan."

St. Lucie County

Countywide zoning power was granted the St. Lucie Board of County
Commissioners by the legislature in 1947. 3/ Apparently this law was never
implemented and it was repealed in 1955 as part of the present zoning
authority. The present zoning authority was enacted by the legislature in
1955 subject to referendum approval by the voters of St. Lucie County. 4/
Approval of this measure by the electorate was obtained on November 6, 1956.
This law, as amended, continues as the basic zoning authority in St. Lucie
County.

During the 1953 legislative session authority to adopt certain sub-
division control regulations was granted to the St. Lucie Board of County
Commissioners. 5/ An amendment in 1955 provided that streets shown on
plats must be paved as one of the requirements for recording plats. 6/
Voter approval was necessary to make this law effective and such approval
was obtained on November 6, 1956. In 1957 the legislature repealed the
two earlier subdivision control laws and enacted the present subdivision
control authority. 7/

Indirect planning authority was contained in the 1955 county zoning
law by the provision that all regulations be "in accordance with a com-
prehensive plan." Planning in St. Lucie County is carried on by a Joint
City-County Planning Board with representation from the county and the
City of Fort Pierce. This board was established by "Resolutions of

1/ Chap. 65-2171, Laws of Florida, 1965.
2/ Chap. 57-1781, Laws of Florida, 1957.
3/ Chap. 24865, Laws of Florida, 1947.
4/ Chap. 31235, Laws of Florida, 1955.
5/ Chap. 29490, Laws of Florida, 1953.
6/ Chap. 31237, Laws of Florida, 1955.
7/ Chap. 57-1785, Laws of Florida, 1957.





- 41 -


Participation" on the part of the two governing bodies. St. Lucie
County and the City of Fort Pierce share equally in the costs of this
joint planning board.

Sumter County

Two attempts have been made to obtain voter approval of countywide
zoning in Sumter County. Both attempts have failed. In 1961 the
Florida Legislature authorized zoning in Sumter County but the decision
of implementation with or without referendum approval was delegated to
the Sumter Board of County Commissioners. 1/ The Board decided to sub-
mit the question to the voters who rejected the issue on November 6,
1961. The local option provisions of the 1961 zoning law was such
that the Board of County Commissioners could approve the measure at
any time by resolution without a referendum or submit the issue to a
referendum as often as they wished. In 1963 an amendment was approved
by the legislature which called' for a referendum to approve zoning in
Sumter County as authorized in the 1961 zoning law and, if such
approval was not obtained, to void the provisions of the 1961 law. 2/
This amendment was submitted to a referendum and rejected by the
voters on November 5, 1963.

Other than the statutory provisions for plat filing, Sumter County
has no land use control authority.

Suwannee County

Suwannee County is numbered among those north Florida agricultural
counties which have not experienced the population growth problems
which are usually solved by zoning and other land use control measures.

As in many other rural counties of north and west Florida,
Suwannee County has no planning or land use control authority other
than the plat filing requirements provided in the Florida Statutes.

Taylor County

Taylor County, which experienced a declining population from 1930
to 1950, finally achieved the 1930 population level in 1960. Since
1960 the population has grown, but at a relatively slow rate. A rela-
tively static or declining population and a low population density
have not presented land use problems of sufficient intensity to require
legislative action for solution in Taylor County.

Union County

Union County has no countywide planning or land use control
authority. However, a special act passed by the legislature in 1963


1/ Chap. 61-2901, Laws of Florida, 1961.
2/ Chap. 63-1962, Laws of Florida, 1963.




- 42 -


did set out certain restrictions relative to residential construction in
an area of Union County adjacent to a state hospital. 1/ Approval of
residential construction in this area was delegated to the Union Board
of County Commissioners.

Volusia County

The legal authority for planning and land use control in Volusia
County is probably more complex than in any other Florida county. While
no criticism of Volusia County is implied, the situation does make
analysis somewhat more difficult and less reliable.

The first land use control measure authorized for Volusia County
was passed by the Florida Legislature in 1945 and permitted the Board of
County Commissioners to adopt zoning regulations and building codes for
property adjacent to and bordering upon state and county roads. 2/

In 1949 the first of several semi-autonomous zoning districts was
authorized by the legislature for Volusia County. 3/ The 1949 act
authorized the creation of the South Peninsula Zoning District to zone
most of the unincorporated beach area south of the City of Daytona Beach
to Ponce de Leon Inlet. Referendum approval was required and was obtained
in December, 1950.

The creation of the Bethune-Volusia Beach Zoning District was
authorized by the Florida Legislature in 1951. 4/ Insofar as can be deter-
mined the Board of County Commissioners has not implemented this authority.

The authority to establish five separate zoning commissions in
Volusia County, to coincide with the county commissioner's districts, was
granted by a population act passed by the Legislature in 1955. 5/ These
five zoning commissions were established and operated under the authority
contained in the 1955 law and are still functioning. It was not until
1963 that a countywide Board of Zoning Appeals was authorized to review
decisions of these five zoning commissions. 6/

Although the North Peninsula Zoning District had been operating since
1953, it was not until 1955 that legislative authority was granted to
adopt and enforce zoning regulations in the unincorporated beach area
north of the City of Ormond Beach. 7/ The creation of the North Peninsula
Zoning District brought to seven the number of separate zoning districts
and commissions operating in the unincorporated territory of Volusia

1/ Chap. 63-2009, Laws of Florida, 1963.
2/ Chap. 23589, Laws of Florida, 1945.
3/ Chap. 26295, Laws of Florida, 1949; Chap. 26475, Laws of Florida,
1949.
4/ Chap. 27952, Laws of Florida, 1951.
5/ Chap. 30267, Laws of Florida, 1955.
6/ Chap. 63-2026, Laws of Florida, 1963.
7/ Chap. 31334, Laws of Florida, 1955.





- 43 -


County. Two acts, one in 1955 and one in 1957, gave the two peninsula
zoning districts virtual autonomy from the Board of County Com-
missioners. 1/ These acts transferred all of the zoning powers vested
in the Board of County Commissioners to the zoning commissions of the
North and South Peninsula Zoning Districts.

Evidently an attempt was made in the 1957 legislative session to
consolidate all of the zoning powers in Volusia County under one
authority. 2/ However, this law was to become effective only upon
approval by a majority of the voters in Volusia County. No record was
found to indicate that the Volusia Board of County Commissioners had
submitted this law to the voters for consideration. Voter approval
of the 1957 zoning law would have repealed virtually all prior zoning
laws and special zoning districts.

A ,1965 act of the Florida Legislature gave the Volusia Board of
County Commissioners the authority to plan and to adopt a zoning and
building code for all the territory of the county outside munici-
palities and previously created special zoning districts. 3/

The zoning situation in Volusia County continues to be one of
fragmented authority. Seven zoning districts are currently in operation
with one appeal board serving five of these districts. Efforts are
being made to consolidate five of these zoning districts under one
authority as provided in Chapter 65-2345, Laws of Florida, 1965. The
1965 zoning law makes no provisions for including the North and South
Peninsula Zoning Districts in the countywide plan or zoning and
building code.

Subdivision control in Volusia County has also traveled a rocky
path. In 1955 a typical platting and subdivision control law was
passed for Volusia County. 4/ This act was virtually identical to a
Dade County act which was declared unconstitutional by the Florida
Supreme Court in 1958. 5/ In 1961 the Florida Supreme Court rendered
a similar decision relative to the 1955 Volusia County platting and
subdivision law. 6/ This decision, which declared parts of the 1955
act unconstitutional, left Volusia County with little or no means of
enforcing subdivision control regulations.

Coordinated planning in Volusia County has been virtually impos-
sible with the fragmented zoning system currently in operation. The
1965 zoning law specifically authorizes the Board of County Com-
missioners to appoint a planning board and to expend funds for planning
in Volusia County. 7/ Limited efforts are currently being made to

1/ Chap. 31338, Laws of Florida, 1955; Chap. 57-1926, Laws of
Florida, 1957.
2/ Chap. 57-1928, Laws of Florida, 1957.
3/ Chap. 65-2345, Laws of Florida, 1965.
4/ Chap. 31337, Laws of Florida, 1955.
5/ 104 So. 2d 573 (1958).
6/ 130 So. 2d 577 (1961).
7/ Chap. 65-2345, Laws of Florida, 1965.




- 44 -


draft and adopt a comprehensive plan for development in Volusia
County.

Volusia County is one of the seven members of the East Central
Florida Regional Planning Council authorized under Chapter 160, Florida
Statutes. As a member of this regional planning group Volusia County
should be able to draw on the resources and experience of the regional
planning staff to develop an organizational framework for the formu-
lation and adoption of a comprehensive and coordinated plan of develop-
ment for the county.

Wakulla County

A static population and low population density have combined to
present few difficult land use problems in Wakulla County. No legis-
lative authority for planning or land use control has been granted the
county.

Walton County

While the Walton Board of County Commissioners obtained a form of
zoning authority from the Florida Legislature in 1965, the county is
essentially without any effective land use control authority. 1/ The
provisions of this act for obtaining approval of the residents in an
area to be zoned make it virtually impossible to obtain such approval.

Washington County

The earliest plat recording act found was enacted by the Florida
Legislature for Washington County in 1911. 2/ While this act did require
the recording of maps and plats, its primary purpose was the collection
of property taxes.

A petition type of zoning authority was authorized for Washington
County in 1961. 3/ Under the provisions of this act an area could be
zoned if a majority of the landowners in the area petitioned the Board
of County Commissioners to be zoned. Insofar as can be determined no
petitions have been presented to the Board of County Commissioners.
Indirect planning authority was granted the Board of County Commissioners
in those areas zoned. Washington County does not have authority to control
subdivisions other than general statutory authority for plat filing.


1/ Chap. 65-2370, Laws of Florida, 1965.
2/ Chap. 6316, Laws of Florida, 1911.
3/ Chap. 61-2991, Laws of Florida, 1961.








SELECTED BIBLIOGRAPHY


Bair, Fred H. Jr., and Bartley, Ernest R. The Text of a Model Zoning
Ordinance, with Commentary. Public Administration Clearing
Service, University of Florida, Studies in Public Adminis-
tration No. 16, 1958.

Bartley, Ernest R. Urban Planning, An Introduction for the Citizen.
Public Administration Clearing Service, University of Florida,
Civic Information Series No. 39, 1962.

Planning and Land Use Control Enabling Legislation at the
County Level in the East Central Florida Regional Planning
Council Area: Analysis and Recommendations. 1965.

Crosswhite, William M. and Vaughn, Gerald F. Land Use in the Rural
Urban Fringe, A Case Study of New Castle County, Delaware.
Bulletin 340, Agricultural Experiment Station and Division
of Urban Affairs, University'of Delaware, July, 1962.

Hill, R. P. A Guide to Rural Zoning in Florida. Gainesville, Florida:
University of Florida, Agricultural Extension Service, Economic
Series 63-2, February, 1963.

Krausz, N. G. P. County Zoning, A Blueprint for the Future. Circular
776, Extension Service in Agriculture and Home Economics,
University of Illinois, May, 1957.

Lessinger, Jack. Exclusive Agricultural Zoning: An Appraisal. Real
Estate Research Program, Bureau of Business and Economic
Research, Reprint Number 16, University of California, 1958.

Little, Arthur D., Inc. Land Control Legislation in Florida. Report
to the Florida Development Commission, February, 1961.


McMurtry, Gene.
Virginia
Service,

Moore, H. R. and
Wooster,
Circular


"The Stake of Rural People in Planning and Zoning,"
Farm Economics. Virginia Agricultural Extension
Virginia Polytechnic Institute, No. 167, March, 1961.

Wayt, W. A. Policies and Standards in Rural Zoning.
Ohio: Ohio Agricultural Experiment Station, Research
89, September, 1960.


Press, Charles and Hein, Clarence
Washington, D. C.: U. S.
Research Service, ERS-59,


J. Farmers and Urban Expansion.
Department of Agriculture, Economic
May, 1962.


- 45




- 46 -


Rowlands, W. A. How to Make Rural Zoning Ordinances More Effective.
Extension Service, College of Agriculture Circular 546, Univer-
sity of Wisconsin, April, 1957.

Solberg, Erling D. The Why and How of Rural Zoning. Washington, D. C.:
U. S. Department of Agriculture, Agricultural Information
Bulletin 196, December, 1958.

Talks on Rural Zoning. Washington, D. C.: U. S. Department
of Agriculture, Agricultural Research Service, January, 1960.

Stansberry, Robert R. Jr. The Rural Fringe and Urban Expansion.
Washington, D. C.: U. S. Department of Agriculture, Economic
Research Service, Agricultural Economics Report 43, October, 1963.

USDA. A Place to Live. The Yearbook of Agriculture. Washington, D. C.,
1963.

Urbanization and Changing Land Uses, A Bibliography of Selected
References, 1950-58. Miscellaneous Publication 825, Washington,
D. C., May, 1960.

Witte, Albert M., Solberg, Erling D., and Martin, Lee R. Land-Use
Planning and Zoning in Arkansas Rural Areas: Legal and Economic
Aspects. University of Arkansas Agricultural Experiment Station
Bulletin 657, June, 1962.




































APPENDIX








Legislation Affecting County Planning, Zoning,
and Subdivision Control, Florida, by County,
Through January 1, 1966.


General Provisions


Chapter,
Florida Law



24371 (1947)










28871 (1953)


Current Status



Law still in
effect. Amended
by Chapter
28871 (1953).







Law still in
effect.


Alachua County
General countywide planning and zoning
authority. Authorizes the Board of
County Commissioners to establish a
Zoning Commission, a Board of Adjust-
ment, building permit fees, remedies,
penalties and authorizes expenditures
out of the general fund not to exceed
$10,000.00 annually.


Amends Chapter 24371 (1947) to reduce
the number of commission votes neces-
sary to pass a zoning change protested
by adjacent property owners. Reduces
the votes necessary for the Board of
Adjustment to reverse a zoning regu-
lation or to grant a variance or ex-
ception, reduces the penalty for vio-
lating the act from a maximum of
$500.00 and/or 30 days imprisonment
to a maximum of $100.00 fine.


An act authorizing the Board of County
Commissioners and the governing bodies
of municipalities to adopt regulations
concerning the width of streets and
roads, setback distances, drainage,
size of lots, naming and numbering of
streets and roads, street alignment
performance bonds for subdivision im-
provements, and land subject to
periodic flooding; and making com-
pliance with such regulations a pre-
requisite to recording plats of sub-
divisions in Alachua County.


Amends Chapter 59-1044 to define
the word "subdivide" and to repeal
Sections 6, 7, 8, and 9.


Law still in
effect. Amended
by Chapter
61-1851












Law still in
effect.


59-1044















61-1851




- 50 -


Chapter,
Florida Law


63-1100


57-1130


21042 (1941)







30572 (1955)









30574 (1955)


General Provisions


Alachua County (Contd)
Provides for the adoption by the Board
of County Commissioners of a building
code at least equal to the Southern
Building Code in areas determined by
the Board of County Commissioners.
Provides for the establishment of
fees, employment of building in-
spectors and penalties for violation.


Baker County
General countywide planning and zoning
authority outside municipalities.
Authorizes the Board of County Com-
missioners to establish a Zoning Com-
mission and a Board of Adjustment.


Bay County
Refers to counties with a population
of not less than 20,650 or more than
20,750 according to the 1940 census
of population. Act authorizes gen-
eral zoning powers to areas outside
any municipality.


An act creating the Bay County Im-
provement Authority and authorizing
the Authority to establish and main-
tain proper and adequate zoning and
building regulations upon property
owned or controlled by the Authority.
Act provides for referendum approval
by the voters of Bay County.


Authorizes the Board of County Com-
missioners to appropriate a sum not
exceeding $25,000.00 to prepare a
comprehensive development plan for
Bay County. Act calls for refer-
endum approval by a majority of
those voting on the question at the
first election subsequent to passage
of the act.


Current Status



Law still in
effect.


Law still in
effect.


Repealed by
Chapter 61-1338.






Rejected by
the voters on
August 2, 1955.







Rejected by
the voters on
August 2, 1955.





- 51 -


Chapter,
Florida Law



30579 (1955)


57-1131











57-1132







57-1152



57-1154








59-1092


General Provisions


Bay County (Contd)
An act empowering Bay County and each
municipality in Bay County to jointly
or individually control their develop-
ment through planning and zoning.
Provides for the establishment of a
Planning and Zoning Commission, a
Comprehensive Plan, a Board of Zoning
Appeals, subdivision regulations, and
enforcement provisions. Law subject
to approval by voters in Bay County.


Authorizes the Board of County Com-
missioners to appropriate a sum not
exceeding $25,000.00 to prepare a
comprehensive development plan for
Bay County. Act calls for refer-
endum approval by a majority of those
voting on the question at the first
election subsequent to passage of
the act.


A general countywide zoning law
similar to Chapter 30579, Acts of
1955. Law subject to approval by
voters in Bay County.

Bradford County
Senate bill identical to Chapter
57-1154, Acts of 1957.


Authorizes the Board of County Com-
missioners in that part of Bradford
County not within a municipality to
regulate and restrict setback dis-
tances from rights-of-way and prop-
erty lines and the use of land for
junk yards and trailer camps.


Amends Chapter 57-1154 to provide
authority to zone within 1,000
feet of all road rights-of-way.


Current Status



Defeated in
referendum on
August 2, 1955.


Rejected by
the voters on
September 9,
1958.







Defeated in
referendum on
September 9,
1958.



Law still in
effect.


Law still in
effect. Amended
by Chapter
59-1092.





Law still in
effect.










General Provisions


63-1132


Current Status



Law still in
effect.


Bradford County (Contd)
General countywide planning and zoning
authority. Authorizes the Board of
County Commissioners to establish a
Zoning Board, Board of Adjustment,
method of relief, schedule of fees,
penalties, remedies, and repeals all
laws in conflict.


Brevard County
An act authorizing the Board of County
Commissioners and the governing bodies
of municipalities to adopt regulations
concerning street and road widths, set-
back distances, drainage, naming and
numbering of streets and roads, and
land subject to periodic flooding; and
making compliance with such regulations
a prerequisite to recording plats of
subdivisions in Brevard County.


Refers to counties with a population
of not less than 23,600 or more than
24,000 according to the last official
census. Authorizes the Board of
County Commissioners and the governing
bodies of municipalities, if such
municipalities adopt this act, to
specify certain conditions relative to
the completion of streets and other
improvements in subdivisions as a pre-
requisite to recording plats of sub-
divisions.


General enabling authority for county-
wide planning and zoning outside of
municipalities. Authorizes the Board
of County Commissioners to establish a
Zoning Board, Board of Adjustment and
provides the authority to establish
electrical, plumbing and building codes.
Provisions are made for relief, estab-
lishing fees, penalties for violations
and the expenditure of funds out of the
general fund.


Law still in
effect. Amended
by Chapter
59-1120, supple-
mented by Chapter
59-1098 and
Chapter 63-1134.


Chapter,
Florida Law


- 52 -


Repealed and
superseded by
Chapter 61-1908.









Repealed by
Chapter 61-1814.
Superseded by
Chapter 61-1908.


30597 (1955)












31439 (1956)


57-1162





- 53 -


Chapter,
Florida Law


57-1168








59-1098









59-1107





59-1117



59-1120




61-1908


General Provisions


Brevard County (Contd)
An act requiring a permit to erect any
antenna, tower or other structure
having a height of 60 feet or more.
Requires all towers, antennae, build-
ings or other structures having a
height of 60 feet or more to be
equipped with aircraft warning lights.


An act supplementing Chapter 57-1162,
authorizing the Board of County Com-
missioners to require junk yards and
other objectionable premises to be
fenced. The act further authorizes
the Board of County Commissioners to
adopt building, plumbing and electrical
codes.


An act authorizing the Board of County
Commissioners to issue special permits
in lieu of zoning changes under certain
specified conditions.


Amends Chapter 57-1168 to exempt utility
poles and structures carrying high ten-
sion power lines.

Amends Chapter 57-1162 to provide for
compensation of members of the Zoning
Board and Board of Adjustment.


Authorizes the Board of County Com-
missioners to adopt regulations con-
cerning the width and location of
streets and ditches, setback distances,
construction of roads, drainage, mini-
mum lot sizes, maximum block sizes,
naming of streets and roads, bridge con-
struction, water supply, sewage disposal,
street alignment, and land subject to
flooding; and making compliance with
such regulations a prerequisite to
recording plats of subdivisions in
Brevard County.


Current Status



Law still in
effect. Amended
by Chapter
59-1117.





Law still in
effect.








Law still in
effect.




Law still in
effect.


Law still in
effect.



Law still in
effect.









Chapter,
Florida Law


63-1134









63-1141










63-1144
















65-1291


- 54 -


General Provisions

Brevard County (Contd)
Authorizes the Board of County Com-
missioners to direct that rules of pro-
cedure be adopted by the Zoning Board
and the Board of Adjustment and that
such rules of procedure be ratified by
the Board of County Commissioners.
Adds to the powers conferred in Chapter
57-1162.

An act authorizing the Board of County
Commissioners, on recommendation of the
Brevard County Zoning Board, to designate
areas where antennae, chimneys, smoke
stacks and other similar structures in
excess of 150 feet high are permitted.
Excludes structures in excess of 150
feet high from all other areas of the c
county.

Authorizes Brevard County and the var-
ious municipalities therein to indi-
vidually or jointly control development
through planning, zoning, subdivision
regulations, the reservation of mapped
street locations for future public
acquisition and the regulation of build-
ing in land reserved for such mapped
streets; provides for establishment of
planning commissions and boards of
zoning adjustment, the preparation and
adoption of a comprehensive plan, and
the preparation and enforcement of sub-
division regulations.


Amends Chapter 63-1134 to authorize the
Board of County Commissioners to require
that the Brevard County Zoning Board and
the Brevard County Board of Adjustment
adopt rules of procedure governing the
conduct of all board meetings and public
hearings.


Current Status



Law still in
effect. Amended
by Chapter
65-1291.






Law still in
effect.









Law still in
effect.















Law still in
effect.









General Provisions


Chapter,
Florida Law



24418 (1947)






25717 (1949)







27431 (1951)










28939 (1953)






28946 (1953)


Broward County
An act authorizing the Board of County
Commissioners to establish general
countywide zoning regulations. Act
provides for referendum approval by the
voters of Broward County.


An act authorizing the Board of County
Commissioners to zone in the unincor-
porated area of the county between the
Intercoastal Waterway and the Atlantic
Ocean.



General countywide zoning authority
for all areas of the county outside
of municipalities except the area
between the Intercoastal Waterway and
the Atlantic Ocean, provided a
majority of the registered freeholders
in any area petition the Board of
County Commissioners to be included
under the provisions of the act.


An act authorizing the Board of County
Commissioners to regulate, restrict,
or prohibit the movement of condemned
buildings in the unincorporated areas
of the county.

Authorizes the Board of County Com-
missioners and the governing bodies
of municipalities, to adopt regu-
lations concerning street widths,
setback distances, street naming
and numbering, and land subject to
periodic flooding; and making com-
pliance with such regulation a pre-
requisite to recording plats of sub-
divisions in Broward County.


- 55 -


Current Status



No record of
this law being
submitted to
the voters of
Broward County.


Extended by
Chapter 27431
(1951). Repealed
and superseded
by Chapter
30613 (1955).

Amended by
Chapter 28952
(1953). Repealed
and superseded
by Chapter
30613 (1955).





Law still in
effect.





Law still in
effect. Amended
by Chapters
30626 (1955),
57-1196, 61-1964,
63-1169, 63-1179.









General Provisions


Chapter,
Florida Law



28952 (1953)








30613 (1955)













30626 (1955)


Broward County (Contd)
Amends Chapter 27431 (1951) to provide
that when there are no registered free-
holders residing in an area, a majority
of the owners of real property in the
area may petition the Board of County
Commissioners to be included under the
provisions of Chapter 27431 (1951).

An act granting the Board of County Com-
missioners authority to plan and to
zone in all areas of the county not
within the limits of a municipality.
Authorizes the establishment of a Zoning
Board and Board of Adjustment. Repeals
Chapters 25717 (1949), 27431 (1951), and
28952 (1953). Act provides for the
transition from zoning regulations
authorized under the repealed acts and
those authorized under this law.


Amends Chapter 28946 (1953) to include
authority to issue house numbers and
providing that the person, firm, or
corporation seeking approval of a plat
furnish a release from the contractor
constructing the roads and other im-
provements within a subdivision indi-
cating payment in full for such improve-
ments before a plat is approved for
recording.


Amends Chapter 28946 (1943), as amended
by Chapter 30626 (1955), to provide
that persons, firms, or corporations
seeking approval of plats shall make
prompt payment for all labor, materials,
and supplies used in improving such
land as prescribed by regulations.


Authorizes the Board of County Com-
missioners to establish a Planning
Department; to prescribe the duties of
said department; to employ a planning
director and other personnel; to pro-
vide for the payment of the costs and
expenses incurred and authorizes the
county to receive any available state or
federal planning grants.


Amended by
Chapter 63-1169.







Law still in
effect.


- 56 -


Current Status



Repealed by
Chapter 30613
(1955).






Amended by
Chapter 59-1158.
Law still in
effect.









Law still in
effect. Amended
by Chapters
57-1196, 61-1964,
63-1169.


57-1196








59-1150










General Provisions


59-1154









59-1158









61-559







61-1941












61-1960


Chapter,
Florida Law


- 57 -


Broward County (Contd)
An act creating and establishing the
Broward Regional Planning Board to
provide comprehensive, coordinated,
long-range planning for the develop-
ment and improvement of the region
through the joint cooperation and
participation of local government
units, public officials and citizens.


Amends Chapter 30613 (1955) to create
a Board of Rules and Appeals to review
the administration of building elec-
trical and plumbing codes as adopted
by the Board of County Commissioners.
Act further redefines the authority,
duties, and functions of the Board of
Adjustment.


Refers to counties with a population
of from 300,000 to 350,000 according
to the last Federal Census. Authorizes
the Board of County Commissioners by
resolution to require any junk yard to
be enclosed by a substantial fence.


Amends Chapter 59-1154 to change the
name of the Broward Regional Planning
Board to the Broward County Area Plan-
ning Board, to provide for the removal
of Board members, to eliminate the ad
valorem tax millage levy, and to author-
ize the Board of County Commissioners
to budget and expend a sum not to exceed
$75,000.00 to meet the expenses of the
planning board.


Authorizes the Broward County Tax
Assessor to make, procure, reproduce
or in any other manner obtain and
record plats of any land previously
subdivided for which no plats have been
recorded in the public records of
Broward County.


Current Status



Law still in
effect. Amended
by Chapter
61-1941.






Law still in
effect.








Law still in
effect.






Law still in
effect.











Law still in
effect.









General Provisions


61-1964





63-1169











63-1179


Chapter,
Florida Law


Broward County (Contd)
Amends Chapter 28946 (1953), as amended,
to provide that plats shall be subject
to approval or disapproval by the
Broward County Board of Health before
recording.

Amends Chapter'28946 (1953), as amended,
to provide for the furnishing of per-
formance bonds by the subdivider con-
ditioned upon the completion of improve-
ments within the subdivision, and
further providing for suits to be brought
in the name of the municipality or county,
as the case may be, by the unpaid supplier
of materials or services for such improve-
ments.

Amends Chapter 28946 (1953), as amended,
to provide that no plat shall be re-
corded unless it is approved by the
Broward County Area Planning Board inso-
far as trafficways are involved.

Calhoun County
No county planning, zoning or subdivision
control authority.


Charlotte County
A plat filing law making it unlawful to
file any map, plat, chart or subdivision
without it being certified by the County
Surveyor.

General authority for countywide zoning.
Act does not exclude areas within the
boundaries of municipalities. Act calls
for referendum approval by the voters of
Charlotte County.

General authority for countywide zoning,
provided 25 percent of the residents of
any area desiring to come under the pro-
visions of this act petition the Board
of County Commissioners to set up a
zoning district and providing that upon
receipt of such petition the Board of
County Commissioners shall call an
election to determine whether a majority
of the residents of such area approve the
establishment of such zoning district.


Repealed and
superseded by
Chapter 61-1983.


(


- 58


Superseded by
Chapter 61-1986.



Rejected by
voters on
November 15, 1955.


9399 (1923)




30648 (1955)


57-1222


Current Status



Law still in
effect. Amended
by Chapter
63-1169.


Law still in
effect.










Law still in
effect.








Chapter,
Florida Law


61-1982
















61-1983

















61-1986


General Provisions

Charlotte County (Contd)
Authorizes the Board of County Com-
missioners to require that land in
the unincorporated area of the county
be cleared of weeds, debris, and any
noxious material. Authorizes the
Board of County Commissioners to
clear such land, place a lien against
said property and foreclose if lien
not satisfied. Authority limited to
that area of Charlotte County within
100 feet of the intersection of any
state, municipal, or county road and
within 300 feet of any inhabited
dwelling.

Authorizes the Board of County Com-
missioners to zone in the unincorpo-
rated areas of the county. Authorizes
the creation of a Zoning Board who
also serve as the Board of Adjustment.
Act repeals all laws in conflict but
provides that "all zoning areas and
districts and all regulations promul-
gated with respect thereto, pursuant
to Chapter 57-1222, Special Acts of
1957, shall continue in effect until
suspended by regulations promulgated
hereunder." Provides that act shall be
approved by a majority of the voters in
referendum held for such purpose.


Authorizes the Board of County Com-
missioners to adopt regulations con-
cerning the width and location of
streets and ditches, setback distances,
construction of streets and roads,
drainage, minimum lot sizes, maximum
block sizes, naming of streets and
roads, bridge construction, street
paving, street alignment, and land
subject to flooding; and making com-
pliance with such regulations a pre-
requisite to recording plats of sub-
divisions in Charlotte County.


Law still in
effect.


- 59 -


Current Status



Law still in
effect.















Approved by
voters on
November 7, 1961.
Repealed by
Chapter 63-1209.


a









General Provisions


61-1987















63-1208








63-1209











65-1356


Chapter,
Florida Law


Charlotte County (Contd)
Authorizes the Board of County Com-
missioners to adopt a building code
for the unincorporated area of the
county and authorizes municipalities,
to adopt and come under the terms of
this act. Enforcement of the building
code is vested-in the Zoning Board or
in the Board of County Commissioners
if no zoning board is appointed. Act
is void unless approved by a majority
of electors voting in a referendum held
within nine months after act is filed
with the Secretary of State.


An act creating the Charlotte County
Building Board to prepare and enforce
the Charlotte County Building Code,
which code shall establish minimum
standards to govern building con-
struction, electrical and plumbing
installations.


Authorizes and directs the Board of
County Commissioners to plan, zone and
regulate subdivisions. Creates the
Charlotte County Planning and Zoning
Board and the Board of Zoning Appeals
and provides that the Board of County
Commissioners may assume all the
duties and act as the Board of Zoning
Appeals. Repeals Chapter 61-1983.


Amends Chapter 63-1208 to provide for
certain changes in administrative pro-
cedure and in the occupational com-
position of the Building Board. Pro-
vides for referendum approval by a
majority of electors voting at the
next regular, primary, special or
general election.


- 60 -


Current Status



Approved by
the voters on
November 7, 1961.













Law still in
effect. Amended
by Chapter
65-1356.





Law still in
effect.









No record of
act being sub-
mitted to refer-
endum.










General Provisions


59-1176








63-1214


Current Status


Rejected by
voters on
November 8, 1960.





Law still in
effect.


Citrus County
An act providing planning and zoning
authority in that area of Citrus
County outside of municipalities and
within 1500 feet of the center line
of any state or county road. Act calls
for referendum approval by the voters
of Citrus County.

An act authorizing the Board of County
Commissioners to regulate the location
of junk yards and trash dumps and to
require same to be enclosed from
public view.


Clay County
General countywide planning and zoning
authority for those areas of Clay
County outside municipalities. Act
creates a Zoning Commission and Board
of Adjustment. Provides for issuing
building permits, establishes a
schedule of fees, provides for rem-
edies, relief and penalties, and pro-
vides an annual appropriation out of
the general fund of not less than
$2,000.00 and not more than $6,000.00.


Amends Chapter 57-1225 to define the
kinds of zones which may be estab-
lished, establishes grounds for the
removal of zoning commissioners, and
exempts agricultural improvements of
$300.00 or less from the building
permit requirements. Act calls for
a referendum vote on the repeal of
Chapter 57-1225.


Repeals Chapter 57-1225 provided this
repeal is upheld by a majority of the
voters in a referendum.




Amends Chapter 57-1225 to provide an
appropriation of not less than
$2,000.00 or more than $8,000.00 to
defray the annual cost of administer-
ing the zoning law.


- 61 -


Chapter,
Florida Law


Approved by
voters in
accordance with
Chapter 59-1181
and 59-1182.
Amended by
Chapters 61-2003,
65-1378, 65-1412.





Referendum to
repeal Chapter
57-1225 failed
on November 8,
1960.






Rejected by
voters on
November 8, 1960
by a majority of
voters voting in
favor of zoning.

Law still in
effect.


57-1225













59-1181











59-1182







61-2003




- 62 -


Chapter,
Florida Law


65-1378








65-1412


27472 (1951)





30667 (1955)


57-1237





59-1190




59-1192


General Provisions


Clay County (Contd)
Amends Chapter 57-1225 to authorize the
Board of County Commissioners to levy
an additional annual tax of one-half
mil on the dollar of all taxable prop-
erty in Clay County to defray the
expense of administering the zoning
act.


Amends Chapter 57-1225 to authorize the
Clay County Zoning Commission to impose
certain inspection fees.

Collier County
General enabling authority for county-
wide zoning, creates a Zoning Commission
and Board of Adjustment.



Authorizes the Board of County Com-
missioners and the governing bodies
of municipalities to adopt regulations
concerning street widths, setback dis-
tances, drainage, street naming and
numbering, and land subject to periodic
flooding; and making compliance with
such regulations a prerequisite to
recording plats of subdivisions in
Collier County.

Supplements Chapter 27472 (1951) and
permits the Board of County Commis-
sioners to serve as the Board of
Adjustment.

Authorizes the Board of County Com-
missioners to approve for recording
replats of previously platted property.

An act creating the Collier County
Planning Board and outlines the purpose
and duties of the board. Permits mem-
bers of the Planning Board to be ap-
pointed to the Zoning Commission.


Current Status



Law still in
effect.







Law still in
effect.


Supplemented by
Chapter 59-1192.
Repealed by
Chapter 65-1408.

Law still in
effect. Chapter
65-1408 repealed
Chapter 10667
(1955). It is
believed that the
intent was to
repeal Chapter
30667 (1955)



Repealed by
Chapter 65-1408.




Law still in
effect.



Repealed by
Chapter 65-1408.









General Provisions


63-1237

















63-1244





65-1408


Chapter,
Florida Law


Collier County (Contd)
Authorizes the Board of County Com-
missioners, upon petition by 75 per-
cent of the freeholders in a recorded
subdivision, to require the owners of
any lots in the subdivision to keep
such lot or lots free of rubbish,
filth, trash, weeds and high grass.
Following noncompliance with a duly
issued order to this effect, the
Board of County Commissioners may
clean such lot and place a lien
against the property to cover the
cost of clearing the lot. Act re-
quires referendum approval by the
voters of Collier County.


Authorizes the Board of County Com-
missioners to require all junk yards
to be fenced. Act does not exclude
junk yards within municipalities.

Authorizes the governing body of
Collier County or any municipality
therein, jointly or individually, to
plan, zone, regulate subdivisions,
and establish the boards or commis-
sions necessary to carry out the pro-
visions of the act. Repeals Chapters
27472 (1951), 10667 (1955), 57-1237,
59-1192.


Columbia County
An act requiring any person, firm,
or corporation constructing, altering,
or erecting, or making any improve-
ments costing more than $300.00 out-
side the limits of municipalities to
obtain a building permit from the
Board of County Commissioners.


A very brief law which designates the
Board of County Commissioners as the
Zoning Board and empowers them to zone
any area outside the corporate limits
of municipalities. No planning or sub-
division control authority included.


- 63 -


Current Status



Approved by
the voters on
November 5, 1963.















Law still in
effect.




Law still in
effect.


Law still in
effect.







Law still in
effect.


30670 (1955)








30671 (1955)




- 64


Chapter,
Florida Law


17833 (1937)













18470 (1937)






19583 (1939)







19758 (1939)









20759 (1941)




21175 (1941)


General Provisions


Dade County
Refers to counties with not less than
180,000 population according to the
last state census. Grants the Board
of County Commissioners authority to
zone outside of municipalities. Sets
up a Zoning Board, Board of Appeals,
and provides fdr relief, appeals, etc.






Authorizes the Board of County Com-
missioners to regulate the storing,
placing, keeping, handling and dis-
playing of junk, salvage, scrap or
waste material.

Authorizes the Board of County Com-
missioners in any county which has
adopted zoning under provisions of
Chapter 17833 (1937) to fix fees to
be charged for issuing building and
other permits.

Authorizes the Board of County Com-
missioners, in addition to that
authorized in Chapter 17833 (1937),
to expend additional funds for zoning
out of fees collected in the adminis-
tration of the County Zoning Law and
limits such expenditures in any fiscal
year to $18,000.00

Amends Chapter 17833 (1937) to provide
compensation for members of the Zoning
Commission and Board of Adjustment.

Authorizes the Board of County Com-
missioners to expend for zoning a sum
not to exceed $25,000.00 annually.


Current Status


Superseded by
Home Rule Charter.
Amended by Chap-
ters 19583 (1939),
19758 (1939), 20759
(1941), 21175(1941),
22101(1943), 23001
(1945), 24266(1947),
28508(1953), 29281
(1953), 22808(1945),
24267(1947), 25510
(1949).

Superseded by Home
Rule Charter.





Repealed by Chapter
24266 (1947).






Repealed and super-
seded by Chapter
23001 (1945).







Superseded by Home
Rule Charter.



Repealed and super-
seded by Chapter
23001 (1945).









General Provisions


Chapter,
Florida Law



22101 (1943)





22808 (1945)







23001 (1945)









24266 (1947)




















24267 (1947)


Current Status


Dade County (Contd)
Refers to counties with a population
of 210,000 or more according to the
last Federal or State Census. Adds
to but does not repeal Chapter 17833
(1937).

Increases the minimum population pro-
visions of Chapter 17833 (1937) from
180,000 to 260,000. Provides that the
provisions of Chapter 17833 (1937)
shall apply only to counties with a
population of over 260,000.

Amends Chapter 17833 (1937) relative
to zoning in counties having a popu-
lation of not less than 180,000.
Authorizes the Board of County Com-
missioners to expend from the general
fund an amount for zoning not to exceed
$50,000.00 annually. Repeals Chapters
19758 (1939) and 21175 (1941).

Refers to counties with a population
of more than 300,000 according to the
preceding State Census, and which have
adopted zoning regulations in the unin-
corporated areas of the county. Grants
the Board of County Commissioners ad-
ditional powers to: employ a Zoning
Director and a Deputy Zoning Director,
adopt changes, and enforce electrical,
plumbing, building and all other codes,
employ inspectors, establish fees, pay
members of the Zoning Commission and
Board of Adjustment $15.00 per meeting
up to $45.00 per month and appropriate
and pay out funds to administer the
zoning law. Public hearing and appeals
to be made in accordance with the pro-
visions of Chapter 17833 (1937).

Refers to.zoning in the unincorporated
areas of counties having a population
of more than 260,000 according to the
last Federal Census. Amends Section 5
of Chapter 17833 (1937) as amended by
Chapter 22808 (1945) to provide for
changes of regulations, restrictions and


boundaries and for written protests against
the same by certain property owners.


- 65 -


Repealed by
Chapter 61-1338.




Amended by
Chapter 25510
(1949). Super-
seded by Home
Rule Charter.



Repealed by
Chapter 24266
(1947).







Superseded by
Home Rule
Charter. Amended
by Chapter 30229
(1955).















Superseded by
Home Rule
Charter.









General Provisions


Chapter,
Florida Law



24462 (1947)








25510 (1949)











25519 (1949)

















27001 (1951)


Current Status


Dade County (Contd)
Grants the Board of County Commissioners
sole jurisdiction over zoning and plat-
ting of lands in the unincorporated areas
of the county. Repeals all laws giving
the City of Miami or other municipalities
platting or zoning authority in the unin-
corporated areas of the county.

Amends Chapter 17833 (1937) as amended,
to redefine the powers and duties of the
Board of Adjustment, to provide for pro-
cedures to be followed in applying to the
courts for relief from decisions of the
Board of Adjustment and review by the
Board of County Commissioners, and to
provide for the administration of the law
by a Building and Zoning Director and
his deputies.

Refers to counties with a population in
excess of 300,000 according to the
last of any future official State or
Federal Census. Authorizes the Board
of County Commissioners and the govern-
ing bodies of municipalities to adopt
regulations concerning the width of
streets and roads, setback distances,
naming and numbering of streets and
roads, street alignment, construction
of streets, and land subject to periodic
flooding; and making compliance with
such regulations a prerequisite to re-
cording plats of subdivisions in the
county.

Refers to counties with a population
in excess of 325,000 according to the
last preceding Federal Census. Creates
a County Planning Board and authorizes
the Board to prepare, adopt, and sub-
mit to the Board of County Commissioners
for approval, a master plan for the
physical development of the county.


- 66 -


Superseded by
Home Rule Charter.







Superseded by
Home Rule Charter.










Amended by Chap-
ters 27082(1951),
28823(1953),
30201(1955),
30202(1955).
Held unconstitutional
12 Fl. S 147. Held
unconstitutional in
part, 104 So. 2d 573
(1958).







Superseded by
Home Rule Charter.









General Provisions


Chapter,
Florida Law



27059 (1951)







27082 (1951)













28508 (1953)











28823 (1953)


Dade County (Contd)
Refers to counties with a population
of over 325,000 according to the last
Federal Census and which have already
adopted zoning regulations. Act sets
out the provisions for posting of
bonds by petitioners for zoning changes.


Refers to counties having a population
in excess of 300,000 according to the
last or any future official State or
Federal Census. Amends Chapter 25519
(1949) to require that bonds furnished
in connection with approval of plats
be conditioned upon the completion of
roads and other improvements as speci-
fied by the Board of County Commis-
sioners or governing bodies of munici-
palities.


Refers to counties with a population
in excess of 350,000 according to the
most recent official census and having
zoning regulations pursuant to Chapter
17833 (1937) or any other law. Author-
izes the Board of County Commissioners
to issue special permits in lieu of
zoning changes and establishes the
general criteria for issuing such special
permits.

Refers to counties with a population
in excess of 300,000 according to the
last or any future official State or
Federal Census. Amends Chapter 25519
(1949), as amended, to require any
person, firm, or corporation seeking
approval of plats to furnish the
appropriate municipality or county
with a bond conditioned upon the com-
pletion of roads and drainage improve-
ments within the subdivision.


- 67 -


Current Status



Superseded by
Home Rule
Charter.





Amended by
Chapters 28823
(1953), 30201
(1955). Chapter
25519(1949)
held unconsti-
tutional in
part, 104 So.
2d 573(1958).




Superseded by
Home Rule
Charter.









Amended by
Chapter 30201
(1955). Chapter
25519(1949)
held unconsti-
tutional in
part, 104 So.
2d 573(1958).









General Provisions

Dade County (Contd)


29281 (1953) An act changing the name of Dade County
to the City and County of Miami contin-
gent upon referendum approval by the
voters of the City of Miami of Chapter
29280 (1953) an act abolishing the
City of Miami. Part V, Section 3 of
this act continues all zoning regulations
made in accordance with Chapter 17833
(1937) and all other building, zoning,
and technical code laws in effect in the
unincorporated area of the county. All
municipal zoning laws continued in
effect until repealed by the Board of
County Commissioners. Part V, Section 4
of this act provides for the appointment
of a single Planning Board for the area
covered by the act.

30201 (1955) Refers to counties with a population
in excess of 300,000 according to the
last or any future official State or
Federal Census. Amends Chapter 25519
(1949), as amended, to require that
bonds furnished in connection with ap-
proval of subdivisions be conditioned
upon the completion of certain improve-
ments within the subdivision.

30202 (1955) Refers to counties with a population in
excess of 300,000 according to the last
or any future official State or Federal
Census. Amends Chapter 25519 (1939) to
require that plats of certain platted
land be recorded in the public records
of the county wherein such land lies.

30229 (1955) Amends Chapter 24266 (1947) to remove
the limitation on the amounts that may
be paid members of the Zoning Commission
and the Board of Adjustment.

Article VIII, Authorizes Dade County to adopt a Home
Section 11, Rule Charter.
Florida Con-
stitution, Dade
County Home Rule
Charter.


Current Status


Law never be-
came effective.
Chapter 29280
(1953) was de-
feated in a
referendum held
on June 9, 1953.












Chapter 25519
(1949) held un-
constitutional
in part, 104 So.
2d 573(1958).






Chapter 25519
(1949) held un-
constitutional
12 Fl S 147.
Held unconsti-
tutional 104
So. 2d 572.

Superseded by
Home Rule
Charter.


Adopted by electors
of the State of
Florida in November,
1942. Amendment
adopted by electorate
in November, 195A.


Chapter,
Florida Law


- 68 -




- 69 -


Chapter,
Florida Law



Dade County
Home Rule
Charter.


57-1263





59-1228


17833 (1937)














19583 (1939)


General Provisions


Dade County (Contd)
Authority to zone in Section 1.01(A)
(12). Authority to plan in Section
1.01(A)(5). Authority to adopt
building and related codes in Section
1.01(A)(13).


DeSoto County
Authorizes the Board of County
missioners, as a zoning board,
setback lines along all county
roads for building purposes.


Com-
to fix
primary


General enabling authority for county-
wide zoning (no planning authorized)
in all unincorporated areas of the
county. Act creates a Zoning Com-
mission to be appointed by the Board
of County Commissioners. Board of
County Commissioners authorized to
act as a review board from decisions of
the Zoning Commission.


Dixie County
No county planning, zoning, or sub-
division control authority.

Duval County
Refers to counties with not less than
180,000 population according to the
last State Census. Grants the Board
of County Commissioners authority to
zone outside of municipalities. Sets
up a Zoning Board, Board of Appeals,
and provides for relief, appeals, etc.








Authorizes the Board of County Com-
missioners in any county which has
adopted zoning under the provisions
of Chapter 17833 (1937) to fix fees
to be charged for issuing building
and other permits.


Current Status



Adopted May 21,
1957.


Law still in
effect.




Law still in
effect.


Law still in
effect. Amended
by Chapters
19583(1939),
20759(1941),
-22101(1943),
23001(1945),
22808(1945),
24266(1947),
24267(1947),
25510(1949),
28508(1953),
30710(1955).

Repealed by
Chapter 24206
(1947).




- 70 -


Chapter,
Florida Law



19793 (1939)






20759 (1941)




22101 (1943)






22808 (1945)








23001 (1945)


23262 (1945)


General Provisions


Duval County (Contd)
Establishes a highway protected area
along Duval County Road No. 40, pro-
vides for building setback distances,
control of advertising, access roads,
etc.

Amends Chapter 17833 (1937) to provide
compensation for members of the Zoning
Board and Board of Adjustment.


Refers to counties with a population
of 210,000 or more according to the
last Federal or State Census. Adds
to but does not repeal Chapter 17833
(1937).


Increases the minimum population pro-
visions of Chapter 17833 (1937) from
180,000 to 260,000. Provides that
the provisions of Chapter 17833 (1937)
shall apply only to counties with a
population of over 260,000.


Amends Chapter 17833 (1937) relative
to zoning in counties having a popu-
lation of not less than 180,000.
Authorizes the Board of County Com-
missioners to expend from the general
fund an amount for zoning not to exceed
$50,000.00 annually.


Amends Chapter 22101 (1943) to authorize
the expenditure of $10,000.00 annually
to defray the cost of administering the
zoning law.


Current Status



Law still in
effect.





Repealed by
Chapter 61-1468.



Amended by
Chapter 23262
(1945). Repealed
by Chapter
61-1338.


Amended by
Chapter 25510
(1949). Law
still in effect.




Repealed by
Chapter 24266
(1947).


Law still in
effect.









General Provisions


Chapter,
Florida Law



24266 (1947)




















24267 (1947)











25510 (1949)


Current Status


Duval County (Contd)
Refers to counties with a population
of more than 300,000 according to the
preceding State Census, and which have
adopted zoning regulations in the unin-
corporated areas of the county. Grants
the Board of County Commissioners ad-
ditional powers to: employ a Zoning
Director and a Deputy Zoning Director,
adopt, change, and enforce electrical,
plumbing, building and all other codes,
employ inspectors, establish fees, pay
members of the Zoning Commission and
Board of Adjustment $15.00 per meeting
up to $45.00 per month and appropriate
and pay out funds to administer the
zoning law. Public hearings and appeals
to be made in accordance with the pro-
visions of Chapter 17833 (1937).

Refers to zoning in the unincorporated
areas of counties having a population
of more than 260,000 according to the
last Federal Census. Amends Section
5, of Chapter 17833 (1937) as amended
by Chapter 22808 (1945) to provide for
changes of regulations, restrictions,
and boundaries and for written protests
against the same by certain property
owners.


Amends Chapter 17833 (1937) as amended,
to redefine the powers and duties of the
Board of Adjustment, to provide for pro-
cedures to be followed in applying to
the courts for relief from decisions of
the Board of Adjustment following review
by the Board of County Commissioners and
to provide for the administration of the
law by the Building and Zoning Director
and his deputies.


- 71 -


Law still in
effect. Amended
by Chapter
30229(1955).

















Law still in
effect.










Law still in
effect.









General Provisions


Chapter,
Florida Law



25519 (1949)
















26421 (1949)








27001 (1951)









27059 (1951)







27082 (1951)


Current Status


Duval County (Contd)
Refers to counties with a population
in excess of 300,000 according to the
last or any future official State or
Federal Census. Authorizes the Board
of County Commissioners and the govern-
ing bodies of municipalities to adopt
regulations concerning the width of
streets and roads, setback distances,
naming and numbering of streets and
roads, street alignment, construction
of streets, and land subject to flood-
ing; and making compliance with such
regulations a prerequisite to recording
plats of subdivisions in the county.

An act making it unlawful to construct,
move, reconstruct or alter any building
in the unincorporated area of Duval
County without obtaining a permit from
the Zoning Director, and establishes a
schedule of fees for such permits.



Refers to counties with a population
in excess of 325,000 according to the
last preceding Federal Census. Creates
a County Planning Board and authorizes
the Board to prepare, adopt, and submit
to the Board of County Commissioners
for approval, a master plan for the
physical development of the county.

Refers to counties with a population
of over 325,000 according to the last
Federal Census and which have already
adopted zoning regulations. Act sets
out the provisions for posting of bonds
by petitioners for zoning changes.

Refers to counties having a population
in excess of 300,000 according to the
last or any future official State or
Federal Census. Amends Chapter 25519
(1949) to require that bonds furnished
in connection with approval of plats be
conditioned upon the completion of roads
and other improvements as specified by
the Board of County Commissioners or
governing bodies of municipalities.


- 72 -


Amended by Chapters
27082(1951),
28823(1953),
30201(1955),
30202(1955).
Field unconsti-
tutional 12
Fl S 147.








Amended by
Chapter 27521
(1951). Supple-
mented by Chap-
ter 63-1288.
Superseded by
Chapter 63-1300.

Repealed by
Chapter 61-796.








Law still in
effect.






Law still in
effect. Amended
by Chapters
28823(1953),
30201(1955).
Chapter 25519
(1949) held un-
constitutional
12 Fl S 147.









General Provisions


Chapter,
Florida Law



27521 (1951)







28508 (1953)











28823 (1953)












30201 (1955)










30202 (1955)


Duval County (Contd)
Amends Chapter 26421 (1949) to provide
for the deposit of all fees collected
by the Zoning Director in a special
fund designated as the Zoning and
Planning Fund and provides for the
expenditure of such funds.

Refers to counties with a population
in excess of 350,000 according to the
most recent official census and having
zoning regulations pursuant to Chapter
17833 (1937) or any other law. Author-
izes the Board of County Commissioners
to issue special permits in lieu of
zoning changes and establishes the
general criteria for issuing such
special permits.

Refers to counties with a population
in excess of 300,000 according to the
last or any future official State or
Federal Census. Amends Chapter 25519
(1949), as amended, to require any
person, firm, or corporation seeking
approval of plats to furnish the appro-
priate municipality or county with a
bond conditioned upon the completion
of road and drainage improvements within
the subdivision.

Refers to counties with a population
in excess of 300,000 according to the
last or any future official State or
Federal Census. Amends Chapter 25519
(1949), as amended, to require that
bonds furnished in connection with
approval of plats be conditioned upon
the completion of certain improvements
in the subdivision.

Refers to counties with a population
in excess of 300,000 according to the
last or any future official State or
Federal Census. Amends Chapter 25519
(1949) to require that plats of certain
platted land be recorded in the public
records of the county wherein such
land lies.


- 73 -


Current Status



Law still in
effect.






Law still in
effect.










Amended by
Chapter 30201
(1955). Chap-
ter 25519(1949)
held unconsti-
tutional 12
Fl S 147.






Chapter 25519
(1949) held un-
constitutional
12 Fl S 147.







Chapter 25519
(1949) held un-
constitutional
12 Fl S 147.
Held unconsti-
tutional 104 So.
2d 572.




- 74 -


Chapter,
Florida Law



30229 (1955)





30710 (1955)


61-2329





63-1285








63-1288





63-1298









63-1300


General Provisions


Duval County (Contd)
Amends Chapter 24266 (1947) to remove
the limitation on the amounts that may
be paid members of the Zoning Commis-
sion and the Board of Adjustment.

An act validating all action taken by
the Board of County Commissioners rela-
tive to zoning and the exercise of
powers conferred in Chapter 17833 (1937),
as amended, instead of those conferred
by Chapter 22101 (1943).


An act creating the Jacksonville-Duval
Area Planning Board to develop compre-
hensive plans for the physical and
economic development of the area.


Amends Chapter 61-2329 to remove the
restriction that the Chief Planner
for the Jacksonville-Duval Area Planning
Board be a resident for two years and a
registered voter in Duval County. Act
sets out those areas for which compre-
hensive plans will be prepared.

An act doubling the building permit
fee when the builder waits until con-
struction has started to obtain a
building permit.


Authorizes the Board of County Com-
missioners to require lots to be
cleared of underbrush, weeds, rubbish,
trash and tall grass and following
noncompliance with a duly issued order
to this effect, to clear such property
and place a lien against said property
to cover the cost of such clearing.


Authorizes the Board of County Com-
missioners to adopt and enforce a
building code. Enforcement powers
are delegated to the County Engineer
and the appointment of a Board of
Adjustment to hear appeals from de-
cisions of the County Engineer is
authorized.


Current Status



Law still in
effect.




Law still in
effect.


Law still in
effect. Amended
by Chapters
63-1285, 65-1490.


Law still in
effect.







Law still in
effect.




Law still in
effect.








Law still in
effect.









General Provisions


65-1490


Current Status



Law still in
effect.


Duval County (Contd)
Amends Chapter 61-2329, as amended
by Chapter 63-1285, to redefine the
general purposes of the area planning
board, to amend the provisions re-
garding the amount of tax that may be
levied, and to amend the provisions
for adopting the comprehensive plan.


Escambia County
An act to regulate the placing of
advertising signs on the rights of
way of public highways in Escambia
County and to prohibit the placing of
advertising signs within 50 feet of
the right of way of such roads without
the written permission of the owners of
such land.

Refers to counties with populations of
not less than 53,000 nor more than
200,000 according to the last pre-
ceding Federal Census. Authorizes the
Board of County Commissioners to re-
quire junk yards to be enclosed by a
substantial fence.

An act creating the Santa Rosa Island
Authority and authorizing the Authority
to adopt and enforce building codes
and adopt land use controls in that
part of Santa Rosa Island owned or
controlled by Escambia County.

Amends Chapter 24500 (1947) to in-
crease the power and authority of
the Board of County Commissioners
to borrow money and issue negotiable
revenue bonds or certificates for
the development of Santa Rosa Island.

General countywide planning and zoning
authority. Provides for a Zoning Com-
mission, Board of Adjustment, schedule
of fees, remedies, appropriations, and
penalties. Act provides for referen-
dum approval by the voters of Escambia
County.


- 75 -


Chapter,
Florida Law


Law still in
effect.








Repealed by
Chapter 61-1824.







Law still in
effect. Amended
by Chapters
26422(1949),
63-1332.



Law still in
effect. Amended
by Chapter
63-1322.




Rejected by
voters at
referendum
held on Novem-
ber 6, 1956.


12712 (1927)









22638 (1945)








24500 (1947)







26422 (1949)







30745 (1955)









General Provisions


57-1291








59-1263










61-2123















63-1322




65-1513


Chapter,
Florida Law


Escambia County (Contd)
An act requiring all clay pits, caves
or other depressions so located and of
such depth that a child might be drowned
therein when filled with water or other
liquids to be enclosed with a fence at
least 4 ft. high and unpenetrable with-
out the use of tools.

Authorizes the Board of County Commis-
sioners and the governing bodies of
municipalities to adopt regulations con-
cerning width of streets and roads, set-
back distances, drainage, naming and
numbering of streets, and street align-
ment; and making compliance with such
regulations a prerequisite to recording
plats of subdivisions in Escambia County.


An act creating the Escambia County
Pensacola Joint Planning Commission to
prepare a master plan for the growth
and development of the City of Pensa-
cola and Escambia County, prepare land
use regulations, land use maps and sub-
division regulations for adoption by
the Escambia County Board of County Com-
missioners and the Pensacola City Council.
Act further creates a Board of Land Use
Appeals and provides for referendum
approval of the act by the voters of
Escambia County.


Amends Chapter 24500 (1947), as amended,
to grant the Board of County Commis-
sioners additional powers relative to
Santa Rosa Island.

Authorizes the Board of County Commis-
sioners to plan and zone in an area
north of Johnson Avenue and adjoining
the Escambia River in the vicinity of
the site of the University of West
Florida. The county engineer is re-
sponsible for issuing building permits
in the area.


- 76 -


Current Status



Law still in
effect.







Law still in
effect.









Rejected by
the voters in
November, 1961.












Law still in
effect.



Law still in
effect.









General Provisions


Chapter,
Florida Law



27551 (1951)







29073 (1953)


Current Status



No record of
this law being
submitted to
the voters for
approval.



Law still in
effect.


Flagler County
General countywide planning and zoning
authority. Provides for the creation
of a Zoning Commission and Board of Ad-
justment. Act provides for referendum
approval by the voters of Flagler
County.


General countywide planning and zoning
authority. Provides for the creation
of a Zoning Commission, Board of Ad-
justment and provides for remedies,
appropriations and penalties.

Franklin County
Refers to counties with a population
of from 5,500 to 6,000 according to
the last official census. Act creates
a Port-Zoning Development Commission
and empowers it to zone within two
miles of the city limits of any incor-
porated city and 1,000 feet from the
center line of any state or federal
highway. Provisions of the act may be
extended to three miles upon petition
by a majority of the residents in the
area. Creates a Zoning Board to be
appointed by the Port-Zoning Develop-
ment Commission and a Board of Adjust-
ment.


An act setting out the provisions which
must be met before plats of subdivisions
may be approved for recording by the
Board of County Commissioners.


Gadsden County
No county planning, zoning or sub-
division control authority.


Gilchrist County
No county planning, zoning or sub-
division control authority.


Glades County
No county planning, zoning, or sub-
division control authority.


- 77 -


Repealed by
Chapter 61-1338.
















Law still in
effect.


57-2000

















59-1296




- 78


Chapter,
Florida Law


57-1345





59-1316







61-2213


61-709


65-1605


General Provisions


Gulf County
An act setting out the provisions which
must be met before plats of subdivisions
may be approved for recording by the
Board of County Commissioners.


Amends Chapter. 57-1345 to provide re-
quirements for plat changes, additions,
corrections or revisions which must be
met before approval for recording will
be granted by the Board of County Com-
missioners.


Amends Chapter 57-1345, as amended, to
provide for vacating of any alley way,
road, street, or thoroughfare shown on
a plat previously recorded.


Current Status



Law still in
effect. Amended
by Chapters
59-1316,
61-2213.

Law still in
effect. Amended
by Chapter
61-2213.




Law still in
effect.


Hamilton County
No county planning, zoning, or sub-
division control authority.

Hardee County
Refers to counties with a population of Law still in
not less than 11,900 or more than 12,400 effect.
according to the latest official decennial
census. Authorizes the Board of County
Commissioners and the governing bodies of
municipalities to adopt regulations of
streets and ditches, setback distances,
construction of roads, drainage, minimum
lot sizes, maximum block sizes, naming of
streets and roads, bridge construction,
water supply, sewage disposal, street
paving, performance bonds, and street
alignment; and making compliance with
such regulations a prerequisite to re-
cording plats of subdivisions in the county.


Authorizes the Board of County Commissioners Law still in
to adopt planning, zoning, and building effect.
regulations in the unincorporated territory
of the county and authorizes the creation
of a Zoning Board and Board of Adjustment.









General Provisions


Chapter,
Florida Law



30801 (1955)


Current Status



Law still in
effect.


57-1362














65-1609





65-1610


Hendry County
Authorizes the Board of County Com-
missioners to appoint a committee of
not less than three or more than
eleven members to study zoning prob-
lems in the county.


Authorizes the Board of County Com-
missioners and the governing bodies
of municipalities to adopt regulations
concerning the width and location of
streets and ditches, setback distances,
construction and paving of roads, mini-
mum lot sizes,'maximum block sizes,
building lines, drainage, and naming
of streets and roads; and making com-
pliance with such regulations a pre-
requisite to recording plats of sub-
divisions in Hendry County.

Authorizes the Board of County Com-
missioners to restrict the use of
land for junk yards in the unincor-
porated territory of the county.


Authorizes the Board of County Com-
missioners to fix setback distances
along county roads and other public
roads in the unincorporated territory
of the county.

Hernando County
Authorizes the Board of County Com-
missioners and the governing bodies
of municipalities to adopt regu-
lations concerning the width and
location of streets and ditches, set-
back distances, road construction,
drainage, minimum lot sizes, maximum
block sizes, naming of streets and
roads, bridge construction, water
supply, and street alignment; and
making compliance with such regu-
lations a prerequisite to recording
plats of subdivisions in Hernando
County.


- 79 -


Law still in
effect.













Law still in
effect.




Law still in
effect.


Law still in
effect.


59-1336









General Provisions


59-1337


Current Status



Law still in
effect.


Hernando County (Contd)
Authorizes the Board of County Commis-
sioners to plan and zone in the unin-
corporated areas of the county lying
within 1,500 feet of the center line
of any interstate, primary or secondary
state road or any county road. Pro-
vides for the appointment of a Zoning
Commission and for the Board of County
Commissioners to act as a Board of Ad-
justment.


Highlands County
An act to prohibit the placing of adver-
tising signs upon the property of
another without the written consent of
the owner, and to prohibit the placing
of advertising signs on the right of
way of public highways in Highlands
County.


Refers to counties having a population
of not less than 20,500 nor more than
23,000 according to the last decennial
census. Authorizes the Board of County
Commissioners to regulate the location
of junk yards.


Authorizes the Board of County Commis-
sioners and the governing bodies of
municipalities to adopt regulations con-
cerning the width and location of streets
and ditches, setback distances, con-
struction of roads, drainage, minimum lot
sizes, maximum block sizes, naming of
streets and roads, bridge construction,
water supply, sewage disposal, street
paving, and street alignment; and making
compliance with such regulations a pre-
requisite to recording plats of sub-
divisions in Highlands County.


Law still in
effect.






Law still in
effect.


Chapter,
Florida Law


- 80 -


Law still in
effect.


10616 (1925)


61-905


61-2233









General Provisions


Chapter,
Florida Law



18930 (1937)







22638 (1945)








24580 (1947)










24592 (1947)









25887 (1949)





25888 (1949)


Hillsborough County
An act restricting a certain area ad-
jacent to the City of Tampa for resi-
dential purposes only. Enforcement
of this act to be through the courts
by any person in the name of the State
of Florida by injunctive procedure.


Refers to counties with a population
of not less than 53,000 or more than
200,000 according to the last pre-
ceding Federal Census. Authorizes
the Board of County Commissioners to
require junk yards to be enclosed by
a substantial fence.

Establishes and sets forth zoning
regulations for Virginia Park Sub-
division adjacent to the City of
Tampa. Administration of the zoning
law to be handled by the Virginia
Park Zoning Commission, an inde-
pendent body, composed of three resi-
dents of the subdivision appointed by
the Governor.

General planning and zoning authority
in that territory within three miles
of the city limits of the City of
Tampa and within one mile of the city
limits of any other municipality.
Provides for the appointment of a
Zoning Commission and Board of Adjust-
ment.

Establishes and sets forth zoning
regulations for Sunset Park sub-
division adjacent to the City of
Tampa.


Amends Chapter 24580 (1947) relative
to zoning in Virginia Park subdivision.
Act defines certain zoning restrictions,
establishes the value of houses per-
mitted, specifies number of houses per
lot, restricts the rental of rooms,
apartments, etc.


- 81 -


Current Status



Law still in
effect.






Superseded by
Chapters 26643
(1951), 28390
(1953), 61-989.





Law still in
effect. Amended
by Chapter
25888 (1949).







Law still in
effect. Amended
by Chapters
25889(1949),
27613(1951),
29131(1953).




Law still in
effect. Amended
by Chapter
27608 (1951).


Law still in
effect.





- 82 -


Chapter,
Florida Law-



25889 (1949)











26643 (1951)








27602 (1951)




27608 (1951)






27613 (1951)





27933 (1951)


General Provisions


Hillsborough County (Contd)
Amends Chapter 24592 (1947) to enlarge
and provide a legal description of the
area of Hillsborough County in which
the Board of County Commissioners are
authorized to enforce zoning regu-
lations adjacent to the City of Tampa.
Act provides a detailed legal descrip-
tion of the area and includes authority
to establish setback lines along certain
highways.


Refers to counties with a population of
not less than 175,000 nor more than
300,000 according to the last Federal
Census. Authorizes the Board of County
Commissioners to require junk yards, to
erect a substantial fence around their
yard.

Establishes and sets forth zoning regu-
lations in Golf View Subdivision ad-
jacent to the City of Tampa.


Amends Chapter 25887 (1949) relative to
zoning in Sunset Park Subdivision to
set forth certain regulations concerning
cess pools, septic tanks, gardens, size
of homes and construction material.


Amends Chapter 24592 (1947) to require
all structures to be in keeping with
the general type, character, and cost
of structures in the area.


An act extending the limits of the
City of Tampa and extending the
police power of the city five miles
beyond the city limits with respect
to controlling slaughter houses,
abattoirs, dairies, and sanitation.
Act requires referendum approval by a
majority of the freeholders in the
affected area.


Current Status



Law still in
effect. Amended
by Chapter
29131 (1953).








Law still in
effect. Amended
by Chapter
61-989.





Law still in
effect.



Law still in
effect.





Law still in
effect.




Rejected by
the voters.





- 83 -


Chapter,
Florida Law



28390 (1953)








29126 (1953)





29130 (1953)












29131 (1953)


59-1349





59-1360


General Provisions


Hillsborough County (Contd)
Refers to counties with a population
of not less than 175,000 or more than
300,000 according to the last preceding
Federal Census. Authorizes the Board
of County Commissioners to require
junk yards to be enclosed by a sub-
stantial fence.


Establishes and sets forth zoning
regulations in Parkland Estates Sub-
division adjacent to the City of
Tampa.


Authorizes the Board of County Com-
missioners and the governing bodies
of municipalities to adopt regu-
lations concerning street widths,
setback distances, street naming and
numbering, and land subject to
periodic flooding; and making such
regulations a prerequisite to record-
ing plats of subdivisions in Hills-
borough County.


Amends Chapter 24592 (1947) to extend
the provisions of said act to the
entire county not included in any
municipality. Act further relinquishes
all control over zoning matters in
that part of the county taken into the
City of Tampa under the provisions of
Chapter 29548 (1953).


Authorizes the Board of County Com-
missioners to fix and determine set-
back lines along all roads in the
county outside of municipalities.


Amends Chapter 29130 (1953) to provide
that any subdividing of land, however
designated, which provides for or
necessitates the establishment or ex-
tension of streets, shall require that
a plat be recorded in the official
records of Hillsborough County.


Current Status



Law still in
effect. Amended
by Chapters
61-994, 65-759.





Law still in
effect.




Law still in
effect. Amended
by Chapters
59-1360, 61-2245,
61-2247, 61-2256.







Law still in
effect.


Law still in
effect.




Law still in
effect.









General Provisions


59-1362














59-1363










61-989





61-994





61-2245


Chapter,
Florida Law


Hillsborough County (Contd)
Authorizes the Board of County Com-
missioners to adopt, in the unin-
corporated territory of Hillsborough
County, building codes, to include
plumbing, electrical work, painting,
gas fitting, boiler work, plastering,
construction, alteration, repair,
removal or demolition of buildings,
improvements of structures and any
other trade, without limitations; and
requiring technical knowledge in the
performance thereof.

An act creating a "city-county" plan-
ning commission to be known as "The
Hillsborough County Planning Commission"
to prepare a master land use plan for
the City of Tampa and Hillsborough
County; this commission to function in
an advisory capacity only. Act
abolishes the City of Tampa Planning
and Zoning Board.

Amends Chapter 26643 (1951) to change
the population classifications from
175,000-300,000 to 390,000-450,000.
(junk yard fencing).


Amends Chapter 28390 (1953) to change
the population classifications from
175,000-300,000 to 390,000-450,000.
(junk yard fencing).


Amends Chapter 29130 (1953) to author-
ize the Board of County Commissioners
and the governing bodies of munici-
palities to adopt rules and regulations
deemed necessary to effectuate the pro-
visions of said law.


- 84 -


Current Status



Law still in
effect. Amended
by Chapters
61-2248, 65-1648.










Law still in
effect. Amended
by Chapters
61-2262 and
63-1407. Supple-
mented by Chapter
61-2264.




Law still in
effect.




Law still in
effect.




Law still in
effect.









General Provisions


61-2246





















61-2247















61-2248






61-2256


Chapter,
Florida Law


- 85


Hillsborough County (Contd)
Authorizes the Director of Building
and Zoning, in the unincorporated
territory of Hillsborough County,
to condemn buildings and structures
as dangerous or as fire hazards, to
declare such buildings a nuisance,
to require removal or destruction
of such buildings and provides the
procedure for impressing a lien on
such property to defray the costs
of removing said buildings. Act
provides for methods of appeal and
penalties for violation. Act further
states that the remedies in the act
shall be cumulative and in addition
to other remedies provided for in
the condemnation proceedings of
unsafe buildings.


Amends Chapter 29130(1953) to provide
that no plats shall be approved by
the Board of County Commissioners or
the governing bodies of municipalities
for recording until a certificate by
an abstract company, title insurance
company, or attorney at law is sub-
mitted, showing that the person or
persons submitting such plat for
approval are the owners of the real
estate shown on such plat, and the
names of all persons or corporations
holding liens on such real estate.


Amends Chapter 59-1362 to provide a
criminal penalty for violation of
the building code act or orders and
resolutions promulgated pursuant
thereto.


Amends Chapter 29130(1953) to author-
ize the Board of County Commissioners
to vacate, discontinue, and abandon
any easements for utilities, drainage,
or recreation shown on any recorded
plat in the unincorporated territory
of Hillsborough County.


Current Status



Law still in
effect.




















Law still in
effect.














Law still in
effect.





Law still in
effect.









General Provisions


61-2262









61-2263







61-2264



















61-2928


Chapter,
Florida Law


Hillsborough County (Contd)
Amends Chapter 59-1363 to require that
no zoning ordinance or resolution
affecting the City of Tampa or the un-
incorporated area of Hillsborough
County shall become effective until
it has been submitted to the Hills-
borough County Planning Commission for
review and recommendation.


Amends Chapter 23339(1945) as amended
by Chapter 27599(1951), to provide the
Hillsborough County Aviation authority
with the zoning powers necessary to
insure the safe operation of airports
within its jurisdiction.


Authorizes the Hillsborough County
Planning Commission, as established
by Chapter 59-1363, to prepare sub-
division regulations for the unin-
corporated territory of Hillsborough
County, the City of Tampa, and other
municipalities which shall elect to
participate in the planning program;
said subdivision regulations to be
prepared in accordance with Chapter
29130(1953), as amended and supple-
mented. Act provides that all proposed
plats of subdivisions in Hillsborough
County and its municipalities shall be
submitted to the Hillsborough County
Planning Commission for review and
recommendation.


An act setting forth the procedure for
zoning changes adjacent to Bayshore
Boulevard in the City of Tampa and
provides that said applications for
zoning changes must be submitted to
the Hillsborough County Planning Com-
mission for review and recommendation.
Repeals Chapter 18932(1937), 18943
(1937), and 18946(1937).


- 86 -


Current Status



Law still in
effect. Amended
by Chapter
63-1407.






Law still in
effect.






Law still in
effect.


















Law still in
effect.





- 87 -


Chapter,
Florida Law


63-1407














65-759





65-1648






65-1670


General Provisions


Hillsborough County (Contd)
Amends Chapter 61-2262, which amends
Chapter 59-1363, to provide that
recommendations of the Hillsborough
County Planning Commission shall be
binding on the City Council of the
City of Tampa unless five members
vote to reject said recommendation,
and similar recommendations shall be
binding on the Board of County Com-
missioners of Hillsborough County
unless four members vote to reject
the recommendation.


Amends Chapter 28390(1953) to change
the population classifications from
175,000-300,000 to 390,000-450,000.
(junk yard fencing).


Amends Chapter 59-1362 to authorize
the Board of County Commissioners to
institute injunctive proceedings to
restrain, correct, or abate violations
of certain building codes.

Provides that all proposals for the
construction or development of public
facilities and capital improvements
in Hillsborough County and the munici-
palities therein shall be submitted to
the Hillsborough County Planning Com-
mission for review and recommendation.
Act further provides the number of votes
necessary in the appropriate governing
body to override the recommendation of
the planning commission.


Holmes County
No county planning, zoning or sub-
division control authority.


Current Status



Law still in
effect.













Law still in
effect.




Law still in
effect.





Law still in
effect.




- 88


Chapter,
Florida Law



10687 (1925)








21310 (1941)








29153 (1953)






29155 (1953)












29161 (1953)




29162 (1953)


General Provisions


Indian River County
An act to prohibit the placing of ad-
vertising signs upon the property of
another without the written consent
of the owner, and to prohibit the
placing of advertising signs on the
right-of-way of the public highways
of Indian River County.


General countywide planning and zoning
authority. Provides for the appoint-
ment of a Zoning Commission and Board
of Adjustment. Provides for the appoint-
ment of the County Engineer to administer
the act and establishes a schedule of
fees for building permits.

Authorizes the Board of County Commis-
sioners to adopt by resolution setback
lines from roads, streets, or highways,
existing or proposed outside the limits
of any municipality.

Authorizes the Board of County Commis-
sioners and the governing bodies of
municipalities to adopt regulations
concerning street widths, setback dis-
tances, drainage, street naming and
numbering, and land subject to periodic
flooding and making compliance with
such regulations a prerequisite to
recording plats of subdivisions in
Indian River County.


Authorizes the Board of County Commis-
sioners to establish a building permit
system in the county.


Authorizes the Board of County Commis-
sioners to establish a building permit
system within 300 feet of the center
line of any state road. Repeals House
Bill 1729 (Chapter 29161 (1953)).


Current Status



Law still in
effect.







Law still in
effect.







Law still in
effect.





Law still in
effect. Amended
by Chapter
57-1412.








Repealed by
Chapter 29162
(1953).


Law still in
effect. Super-
seded by Chapter
61-2273.





- 89


Chapter,
Florida Law


General Provisions


Current Status


57-1412







61-2273





65-1713











65-1716


Jackson County
No county planning, zoning, or sub-
division control authority.


Jefferson County
No county planning, zoning, or sub-
division control authority.


Indian River County (Contd)
Amends Chapter 29155 (1953) to provide Law still in
the Board of County Commissioners effect.
authority to vacate or abandon public
rights-of-way, easements or alleys
dedicated to the public by plats or
deeds.


Authorizes the Board of County Com- Law still in
missioners to adopt a countywide effect.
building code, a schedule of fees,
and to employ a building inspector.


Authorizes the Board of County Com- Law still in
missioners to require a permit to use effect.
property as a garbage or trash dump
or for the accumulation or abandonment
of discarded property; and to require
the owner of property on which is accum-
ulated trash, garbage, junk, debris, parts
of vehicles or other abandoned property
to remove same to an authorized trash or
garbage dump.


Authorizes the Board of County Commis- Law still in
sioners to require that lands in sub- effect.
divisions and outside subdivisions in
the unincorporated territory of the
county be cleared of weeds, debris,
and any noxious material which tends
to breed snakes or vermin, create a
fire hazard, create a nuisance or create
a traffic hazard. The authority is
limited to land within 150 feet of an
intersection or 200 feet from an in-
habited building.




- 90 -


Chapter,
Florida Law


General Provisions


Current Status


15293 (1931)









24311 (1947)







29219 (1953)






30911 (1955)


57-1482


Lafayette County
No county planning, zoning, or sub-
division control authority.

Lake County
An act specifying that the width of the Repealed by
right-of-way of all newly established Chapter 30911
roads in Lake County shall be 66 feet, (1955).
and makes it unlawful to erect any
building on the right-of-way of any
public road without the written per-
mission of the Board of County Commis-
sioners.


Refers to counties with a population Repealed by
of from 27,000 to 27,500 according to Chapter 61-1338.
the Federal Census of Florida for 1940.
Authorizes the Board of County Commis-
sioners to zone the unincorporated parts
of the county.

An act setting out certain requirements Law still in
relative to connecting streets, street effect.
widths, drainage and merchantable title,
which must be met before subdivision plats
shall be entitled to be recorded.


An act specifying that the width of the Law still in
right-of-way of all newly established effect.
roads in Lake County shall be 66 feet,
except in certain subdivisions where
the Board of County Commissioners may
reduce the width to 50 feet; and making
it unlawful to erect any building on
the right-of-way of any public road
without the written permission of the
Board of Commissioners. Repeals Chapter
15293 (1931).


Authorizes the Board of County Commis-
sioners and the governing bodies of
municipalities to adopt regulations
concerning width of streets, setback
distances, drainage, and land subject
to periodic flooding; and making com-
pliance with such regulations a pre-
requisite to recording plats in Lake
County.


Repealed by
Chapter 57-2057.




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs