The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 380
LAND AND WATER MANAGEMENT

View Entire Chapter

F.S. 380.11

380.11 Enforcement; procedures; remedies.—

(1) JUDICIAL REMEDIES.—

(a) The state land planning agency, a state attorney, a county, and a municipality are each authorized to bring an action for injunctive relief, both temporary and permanent, against any person or developer found to be in violation of the provisions of this part or any rules, regulations, or orders issued thereunder.

(b) It shall not be a defense to, or ground for dismissal of, an action for injunctive relief brought by the state land planning agency that it has failed to exhaust its administrative remedies.

(2) ADMINISTRATIVE REMEDIES.—

(a) If the state land planning agency has reason to believe a violation of this part or any rule, development order, or other order issued hereunder or of any agreement entered into under s. 380.032(3) has occurred or is about to occur, it may institute an administrative proceeding pursuant to this section to prevent, abate, or control the conditions or activity creating the violation.

(b) An administrative proceeding shall be instituted by service by the state land planning agency of a written notice of violation upon the alleged violator, by certified mail. The notice shall specify the law, rule, development order, or other order alleged to be violated and the facts alleged to constitute a violation. An order directing cessation or prevention of the conditions or action that caused the notice of violation to be served may be included with the notice. However, no order served with the notice of violation is final and effective until 20 days after the date of service or until the conclusion of a properly requested administrative hearing. A request for an administrative hearing shall be in writing and shall be filed with the clerk of the state land planning agency within 20 days after the date of service of the notice upon the alleged violator. The failure to request an administrative hearing within the 20-day period constitutes a waiver thereof, and the notice of violation and any accompanying corrective order shall become final agency action. The state land planning agency may seek enforcement of its final agency action in accordance with s. 120.69 or by written agreement entered into with the alleged violator pursuant to s. 380.032(3).

(c) The state land planning agency may institute an administrative proceeding against any developer or responsible party pertaining to any area of critical state concern designated in s. 380.05, s. 380.055, s. 380.0551, or s. 380.0552:

1. To enjoin development activity if the damage or injury is caused by the development activity or by a violation of s. 380.05, s. 380.055, s. 380.0551, s. 380.0552, a rule of any governmental agency, or a development order.

2. To require the responsible party to replace or restore a deteriorated, damaged, injured, or otherwise significantly impacted natural, historical, or archaeological resource, major public facility, or area of major public investment if the damage or injury is caused by the development activity or by a violation of s. 380.05, s. 380.055, s. 380.0551, s. 380.0552, a rule of any governmental agency, or a development order.

3. To require the governmental agency to properly administer critical area regulations.

(d) The state land planning agency may institute an administrative proceeding against any developer or responsible party to obtain compliance with s. 380.06 and binding letters, agreements, rules, orders, or development orders issued pursuant to s. 380.032(3), s. 380.05, s. 380.06, or s. 380.07. The state land planning agency may seek enforcement of its final agency action in accordance with s. 120.69 or by written agreement with the alleged violator pursuant to s. 380.032(3).

History.—s. 3, ch. 74-326; s. 129, ch. 79-190; s. 34, ch. 81-167; s. 34, ch. 83-55; s. 5, ch. 83-308; s. 48, ch. 85-55; s. 57, ch. 93-206; s. 14, ch. 96-416; s. 19, ch. 2018-158.

F.S. 380.11 on Google Scholar

F.S. 380.11 on Casetext

Amendments to 380.11

Arrestable Offenses / Crimes under Fla. Stat. 380.11

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 380.11.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MOORE, v. SCHOOL REFORM BOARD OF THE CITY OF DETROIT,, 147 F. Supp. 2d 679 (E.D. Mich. 2000)

. . . . § 380.11. . . .

KILLEARN PROPERTIES, INC. v. DEPARTMENT OF COMMUNITY AFFAIRS, SOUTHERN HERITAGE DEVELOPMENT, INC. v. DEPARTMENT OF COMMUNITY AFFAIRS, STOUTAMIRE, H. H. Jr. v. DEPARTMENT OF COMMUNITY AFFAIRS, LEON COUNTY, v. DEPARTMENT OF COMMUNITY AFFAIRS,, 623 So. 2d 771 (Fla. Dist. Ct. App. 1993)

. . . The DCA is authorized by section 380.11, Florida Statutes, to, inter alia, prevent, abate, or control . . .

BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, v. DEPARTMENT OF COMMUNITY AFFAIRS,, 560 So. 2d 240 (Fla. Dist. Ct. App. 1990)

. . . The FDCA then filed a notice against the County of a violation of section 380.11(2), Florida Statutes . . .

In AL- CAM DEVELOPMENT CORP., 99 B.R. 573 (Bankr. S.D.N.Y. 1989)

. . . He enclosed his trustee’s check in the sum of $14,-380.11, which the American Arbitration Association . . .

HARBOR COURSE CLUB, INC. a v. DEPARTMENT OF COMMUNITY AFFAIRS, HARBOR COURSE CLUB, INC. a v. DEPARTMENT OF COMMUNITY AFFAIRS,, 510 So. 2d 915 (Fla. Dist. Ct. App. 1987)

. . . See § 380.11(2)(c), Fla.Stat. (1985). . . .

ARROW AIR, INC. v. DOLE, S. A., 784 F.2d 1118 (D.C. Cir. 1986)

. . . . § 380.11 explicitly made those regulations applicable to the new Public Charter in 1978. . . . guidance on either of the competing definitions of “round trip” asserted by the parties. 14 C.F.R. § 380.11 . . . 380.30, terms of the contract with passengers, 14 C.F.R. § 380.33, manner of prepayment, 14 C.F.R. § 380.11 . . .

FRIENDS OF EVERGLADES, INC. a a v. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FRIENDS OF EVERGLADES, INC. a STATE DEPARTMENT OF COMMUNITY AFFAIRS, 456 So. 2d 904 (Fla. Dist. Ct. App. 1984)

. . . appeal pursuant to section 380.07(2), and second to commence enforcement proceedings pursuant to Section 380.11 . . . Section 380.11, Florida Statutes (1981), provided: Enforcement. — The Department of Veteran and Community . . . The Department has the duty and statutory authority under Section 380.11, Florida Statutes, to enjoin . . .

STATE By STATE ATTORNEY FOR TWELFTH JUDICIAL CIRCUIT, v. GENERAL DEVELOPMENT CORPORATION, a, 448 So. 2d 1074 (Fla. Dist. Ct. App. 1984)

. . . One such specific general law is section 380.11, Florida Statutes (1981), “The Florida Environmental . . . expressly gives the state attorney the power to institute a civil action to enjoin violations of section 380.11 . . . See §§ 60.05(1); 83.761(4); 246.229; 286.-011(4); 351.18; 380.11; 409.245; 496.13(6); 533.05; 540.02; . . .

COMPASS LAKE HILLS DEVELOPMENT CORPORATION, v. STATE DEPARTMENT COMMUNITY AFFAIRS, DIVISION OF STATE PLANNING,, 379 So. 2d 376 (Fla. Dist. Ct. App. 1979)

. . . bypasses Section 380.06 “does so at its peril”, and that its construction may be enjoined under Section 380.11 . . . Section 380.11. . . . review and approval, these entities may avail themselves of their statutory authority under Section 380.11 . . .

SOUTH FLORIDA REGIONAL PLANNING COUNCIL, v. FLORIDA DIVISION OF STATE PLANNING, 370 So. 2d 447 (Fla. Dist. Ct. App. 1979)

. . . we are convinced of the limited capacity of the regional council by the specific language of Section 380.11 . . .

GENERAL DEVELOPMENT CORP. v. DIVISION OF STATE PLANNING, DEPARTMENT OF ADMINISTRATION,, 353 So. 2d 1199 (Fla. Dist. Ct. App. 1977)

. . . Section 380.11. . . .

SARASOTA COUNTY, v. DEPARTMENT OF ADMINISTRATION,, 350 So. 2d 802 (Fla. Dist. Ct. App. 1977)

. . . .-06(1), Florida Statutes (1975) and Section 380.11, Florida Statutes (1975), with regard to the construction . . .

SARASOTA COUNTY, a v. GENERAL DEVELOPMENT CORPORATION, a, 325 So. 2d 45 (Fla. Dist. Ct. App. 1976)

. . . . § 380.11 (1974), which was added to Chapter 380 in 1974, and provides that certain parties, including . . .