The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 380
LAND AND WATER MANAGEMENT

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F.S. 380.031

380.031 Definitions.—As used in this chapter:

(1) “Administration commission” or “commission” means the Governor and the Cabinet; and for purposes of this chapter the commission shall act on a simple majority.

(2) “Developer” means any person, including a governmental agency, undertaking any development as defined in this chapter.

(3) “Development order” means any order granting, denying, or granting with conditions an application for a development permit.

(4) “Development permit” includes any building permit, zoning permit, plat approval, or rezoning, certification, variance, or other action having the effect of permitting development as defined in this chapter.

(5) “Downtown development authority” means a local governmental agency established under part III of chapter 163 or created with similar powers and responsibilities by special act for the purpose of planning, coordinating, and assisting in the implementation, revitalization, and redevelopment of a specific downtown area of a city.

(6) “Governmental agency” means:

(a) The United States or any department, commission, agency, or other instrumentality thereof;

(b) This state or any department, commission, agency, or other instrumentality thereof;

(c) Any local government, as defined in this chapter, or any department, commission, agency, or other instrumentality thereof;

(d) Any school board or other special district, authority, or other governmental entity.

(7) “Land” means the earth, water, and air above, below, or on the surface, and includes any improvements or structures customarily regarded as land.

(8) “Land development regulations” include local zoning, subdivision, building, and other regulations controlling the development of land.

(9) “Land use” means the development that has occurred on land.

(10) “Local comprehensive plan” means any or all local comprehensive plans or elements or portions thereof prepared, adopted, or amended pursuant to the Community Planning Act, as amended.

(11) “Local government” means any county or municipality and, where relevant, any joint airport zoning board.

(12) “Major public facility” means any publicly owned facility of more than local significance.

(13) “Parcel of land” means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

(14) “Person” means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

(15) “Regional planning agency” means the agency designated by the state land planning agency to exercise responsibilities under this chapter in a particular region of the state.

(16) “Rule” means a rule adopted under chapter 120.

(17) “State land development plan” means a comprehensive statewide plan or any portion thereof setting forth state land development policies. Such plan shall not have any legal effect until enacted by general law or the Legislature confers express rulemaking authority on the state land planning agency to adopt such plan by rule for specific application.

(18) “State land planning agency” means the Department of Economic Opportunity and may be referred to in this part as the “department.”

(19) “Structure” means anything constructed, installed, or portable, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. “Structure” also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs.

(20) “Resource planning and management committee” or “committee” means a committee appointed pursuant to s. 380.045.

History.—s. 3, ch. 72-317; s. 1, ch. 79-73; s. 1, ch. 80-313; s. 1, ch. 83-308; s. 41, ch. 85-55; s. 32, ch. 98-176; s. 53, ch. 2011-139; s. 257, ch. 2011-142.

F.S. 380.031 on Google Scholar

F.S. 380.031 on Casetext

Amendments to 380.031

Arrestable Offenses / Crimes under Fla. Stat. 380.031

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 380.031.

Annotations, Discussions, Cases:

Cases from cite.case.law:

D. KEENE, v. ZONING BOARD OF ADJUSTMENT,, 22 So. 3d 665 (Fla. Dist. Ct. App. 2009)

. . . Section 380.031 defines a "Development Order” to be "any order granting, denying, or granting with conditions . . .

SHANDS, v. CITY OF MARATHON,, 999 So. 2d 718 (Fla. Dist. Ct. App. 2008)

. . . . § 380.031(8), Fla. Stat. (2003). . Penn Central Transp. Co. v. . . .

BUSH, v. SCHIAVO,, 885 So. 2d 321 (Fla. 2004)

. . . in unstated ways affect or are affected by any ‘major public facility’ which is defined in Section 380.031 . . .

J. NEUMONT, v. MONROE COUNTY,, 242 F. Supp. 2d 1265 (S.D. Fla. 2002)

. . . 004-1997 (“the Ordinance”) is a Land Development Regulation (“LDR”) within the meaning of Fla Stat. 380.031 . . . 380, the Department of Community Affairs (the “Agency”) serves as the “State land planning agency.” § 380.031 . . .

TAMPA- HILLSBOROUGH COUNTY EXPRESSWAY AUTHORITY, v. A. G. W. S. CORPORATION,, 640 So. 2d 54 (Fla. 1994)

. . . of any road existing as of the date of such recording; and no development permits, as defined in s. 380.031 . . . (b) An area of proposed road construction within which development permits, as defined in s. 380.031( . . .

DEPARTMENT OF TRANSPORTATION, v. WEISENFELD,, 617 So. 2d 1071 (Fla. Dist. Ct. App. 1993)

TAMPA- HILLSBOROUGH COUNTY EXPRESSWAY AUTHORITY, v. A. G. W. S. CORPORATION, TAMPA- HILLSBOROUGH COUNTY EXPRESSWAY AUTHORITY, v. DUNDEE DEVELOPMENT GROUP,, 608 So. 2d 52 (Fla. Dist. Ct. App. 1992)

RIDGEWOOD PROPERTIES, INC. v. DEPARTMENT OF COMMUNITY AFFAIRS,, 595 So. 2d 1101 (Fla. Dist. Ct. App. 1992)

. . . Section 380.031(4), Florida Statutes (1989) defines the term "development permit" to include a rezoning . . .

JOINT VENTURES, INC. v. DEPARTMENT OF TRANSPORTATION,, 563 So. 2d 622 (Fla. 1990)

. . . (b) An area of proposed road construction within which development permits, as defined in s. 380.031( . . . variance, or other action having the effect of permitting development as defined in this chapter.” § 380.031 . . .

JOINT VENTURES, INC. v. DEPARTMENT OF TRANSPORTATION,, 519 So. 2d 1069 (Fla. Dist. Ct. App. 1988)

. . . forbids the responsible permitting agency from granting development permits, as defined in Section 380.031 . . . permits for the time specified must, in my judgment, by reason of the statute’s reference to section 380.031 . . . Section 380.031(4) defines development permit as "including any building permit, zoning permit, plat . . .

SLOAN, v. ST. LUCIE COUNTY EXPRESSWAY WALTERS, v ST. LUCIE COUNTY EXPRESSWAY, 28 Fla. Supp. 2d 252 (Fla. Div. Admin. Hearings 1987)

. . . right-of-way reservation maps will prohibit the granting of development permits, as defined in Section 380.031 . . . owners nor is any use prohibited which does not require a development permit as defined in Section 380.031 . . . map shall establish: (b) an area of proposed road construction within which permits, as defined in § 380.031 . . .

L. CABRERA v. DEPARTMENT OF COMMUNITY AFFAIRS, 465 So. 2d 547 (Fla. Dist. Ct. App. 1985)

. . . Section 380.031, Florida Statutes (1981), provides in pertinent part: (2) “Development Order” means any . . .

WINDLEY KEY, LTD. v. STATE DEPARTMENT OF COMMUNITY AFFAIRS,, 456 So. 2d 489 (Fla. Dist. Ct. App. 1984)

. . . "Person" is defined in Section 380.031(14), Florida Statutes (1983) as “an individual, corporation, governmental . . .

CALOOSA PROPERTY OWNERS ASSOCIATION, INC. v. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS,, 429 So. 2d 1260 (Fla. Dist. Ct. App. 1983)

. . . . §§ 380.031(13), 380.06(1 l)(a) 1.-6., Florida Statutes. . . . . See § 380.031(4), Fla.Stat. . . .

SEMINOLE COUNTY, v. E. MERTZ M. a a, 415 So. 2d 1286 (Fla. Dist. Ct. App. 1982)

. . . Section 380.031(4), Florida Statutes (1981), defines “developer” as “any person, including a governmental . . .

MANATEE COUNTY, a v. ESTECH GENERAL CHEMICALS CORPORATION, SARASOTA COUNTY, a v. ESTECH GENERAL CHEMICALS CORPORATION,, 402 So. 2d 1251 (Fla. Dist. Ct. App. 1981)

. . . The relevant portions of that chapter are as follows: 380.031 Definitions. . . . Thus, when a development order as defined in Section 380.031(2) is rendered by the Dade County Commissioners . . . Id. § 380.031(2) (emphasis added). . . . Id. § 380.031(3) (emphasis added). . . .

ESTUARY PROPERTIES, INC. v. O D. ASKEW, A. L. A. D., 381 So. 2d 1126 (Fla. Dist. Ct. App. 1979)

. . . (F.S. 380.031(5)) The requirement that the Adjudicatory Commission specify changes which would make a . . .

CROSS KEY WATERWAYS v. O D. ASKEW CITY OF KEY WEST v. O D. ASKEW CITY OF KEY WEST v. O D. ASKEW, 351 So. 2d 1062 (Fla. Dist. Ct. App. 1977)

. . . Section 380.031(6). . . . in unstated ways affect or are affected by any “major public facility,” which is defined in Section 380.031 . . .

GENERAL ELECTRIC CREDIT CORPORATION OF GEORGIA, a v. METROPOLITAN DADE COUNTY,, 346 So. 2d 1049 (Fla. Dist. Ct. App. 1977)

. . . denial of zoning changes and development permits constituted a “development order” as defined in Section 380.031 . . . Thus, when a development order as defined in Section 380.031(2) is rendered by the Dade County Commissioners . . . Fla.Stat. (1975), as well as to other areas of concern not specifically mentioned in the statute. .§ 380.031 . . . variance, or other action having the effect of permitting development as defined in this chapter,” § 380.031 . . . See textual discussion infra. . § 380.031(4) defines a developer as “any person . . . undertaking any . . .

POSTAL COLONY CO. INC. v. O D. ASKEW,, 348 So. 2d 338 (Fla. Dist. Ct. App. 1977)

. . . .-011 et seq., 380.031(16), Florida Statutes (1975). . . . .

PINELLAS COUNTY, a v. LAKE PADGETT PINES, a a, 333 So. 2d 472 (Fla. Dist. Ct. App. 1976)

. . . “Land” is defined in § 380.031(6) as including “ . . . the earth, water, and air, above, below, or on . . . As mentioned above, the definitional section of the Act in § 380.031(6) provides that the word “land” . . .

INTERCONTINENTAL GROUP, v. DADE COUNTY,, 44 Fla. Supp. 6 (Dade Cty. Cir. Ct. 1976)

. . . The order of the commission denying this approval was a “Development Order” as defined in §380.031 (2 . . .

CITY OF KEY WEST v. O D. ASKEW, 324 So. 2d 655 (Fla. Dist. Ct. App. 1975)

. . . Florida Statute 380.031(14) states: “ ‘Rule’ means a rule adopted under chapter 120.” . . .