CopyPublished | Florida 4th District Court of Appeal
...The plaintiffs sought injunctive relief in two other counts, pursuant to
section
163.3243. They requested the court declare the 2011 and 2014
approvals of the development agreements void because the City failed to
comply with the public notice and hearing requirements of section
163.3225. They sought to compel the City to comply with section
163.3225.
The plaintiffs added the County as a defendant....
...I would reverse the court’s summary judgment
as to Counts 1, 2, 4, and 5.
In Counts 6 and 7, appellants sought an injunction to prevent
enforcement of the development agreements for failure to comply with the
notice provisions of the Florida Local Government Development Agreement
Act. § 163.3225, Fla....
...163.3220-
163.3243, to consider and enter into a development
agreement with any person having a legal or equitable interest
in real property located within its jurisdiction.
16
(Emphasis supplied.). Thus, the notice provisions under the act in section
163.3225, which appellants contend the City violated, do not apply if the
City did not adopt the provisions and provide for developer agreements.
There is nothing in the record to show that the City has adopted the
statute, making section
163.3220 et seq....
...I would reverse the court’s summary judgment
as to Counts 1, 2, 4, and 5.
In Counts 6 and 7, appellants sought an injunction to prevent
enforcement of the development agreements for failure to comply with the
notice provisions of the Florida Local Government Development Agreement
Act. § 163.3225, Fla....
...163.3220-
163.3243, to consider and enter into a development
agreement with any person having a legal or equitable interest
in real property located within its jurisdiction.
(Emphasis supplied.). Thus, the notice provisions under the act in section
163.3225, which appellants contend the City violated, do not apply if the
City did not adopt the provisions and provide for developer agreements.
There is nothing in the record to show that the City has adopted the
statute, making section
163.3220 et seq....
CopyPublished | Florida 1st District Court of Appeal
...the special public notice requirements applicable to development
agreements and DRI’s.
After the County enacted Revised Ordinance 2017-12,
Osborne claimed that, before considering SDI’s NOPC, the County
failed to comply with the special public notice requirements under
section
163.3225, Florida Statutes, section
380.06, Florida
Statutes, the Walton County Land Development Code, and
“Florida law.” Pertinent to this appeal, the section
163.3225
requirements apply when a local government considers entering
into or modifying a development agreement; and, the section
380.06 requirements apply when a local government considers
issuing or modifying a DRI DO.
SDI moved for...
...According to Osborne,
Ordinance 89-9 incorporated the 1984 development agreement
into the Sandestin DRI DO. Therefore, any modification of the DO
necessarily qualifies as a modification of a development
agreement—thereby triggering the special public notice
requirements under section 163.3225, Florida Statutes.
The trial court granted SDI’s motion for summary judgment
and denied Osborne’s cross-motion for summary judgment....
...regarding development rights under the Sandestin
DRI;
• Ordinance 89-9 adopted the 1984 Agreement; and,
• Ordinance 89-9 incorporated the 1984 Agreement
into the Sandestin DRI DO.
9
argued that section
163.3225, Florida Statutes, only applies to
“statutorily defined Development Agreements” and therefore does
not apply to DRIs under section
380.06, Florida Statutes.
Even so, SDI admitted that “[d]uring the fall [of] 2017, the
SOA...
...scheme under which DRIs are categorized, evaluated,
approved, and amended, including the NOPC procedure.
. . . The process outlined in section
380.06 is distinct and
materially different that those processes for entering into
‘development agreements’ found in section
163.3225,
Florida Statutes. In fact, nowhere in section
380.06,
Florida Statutes, is the term ‘development agreement’
used. Therefore, the NOPC application and approval
cannot be categorized as a ‘development agreement’ as
that term is used within section
163.3225, Florida
Statutes, and any notice provisions found in section
163.3225 do not apply to the NOPC application submitted
by SDI.
(emphasis supplied).
As to public notice, SDI argued that Revised Ordinance 2017-
12 did not substantially and materially change Ordinance 2017-
12....
...On November 12, 2020, the trial court heard both summary
judgment motions. At the start of the hearing, SDI summarized
Osborne’s claim as follows:
The argument in the Amended Complaint is that they
have laid out three grounds, and one [1] that, under
Chapter 163.3225, the notice has been violated....
...that Chapter 380 is the exclusive statute in Florida which governs
DRIs, and it allows the applicant or the declarant to seek changes
with the DRI over time in this process.” (emphasis supplied).
SDI argued that a DRI development order is not a
development agreement. Thus, section 163.3225 did not apply to
the County’s consideration of Revised Ordinance 2017-12.
Nevertheless, SDI characterized the settlement agreement
between SOA and SDI as a “very comprehensive settlement
agreement concerning all the issues in the NOPC ....
...On January 28, 2021, the trial court rendered an order
granting SDI’s summary judgment motion and denying Osborne’s
cross-motion. The trial court did not address Osborne’s claim that
the County failed to comply with the special public notice
requirements contained in sections
163.3225 and
380.06, Florida
Statutes....
...ice requirements that may
apply under section
125.66(4)(b), Florida Statutes, special public
24
notice requirements apply when a local government seeks to enter
into, modify, or revoke a development agreement. See §
163.3225,
Fla....
...380.06(19)(f), Florida Statutes, those proposed changes were still
subject to local land use approval. Id.
Furthermore, just as the County’s Comprehensive Plan still
applies to non-substantial deviations to the Sandestin DRI DO, so
too, the notification requirements contained in section 163.3225
also apply—provided the NOPC involves adoption of a new
development agreement or the modification of an existing
development agreement.
B
Throughout the proceedings below, SDI repeatedly miss...
...28
NOPC procedure. . . . The process outlined in section
380.06 is distinct and materially different than those
processes for entering into ‘development agreements’
found in section
163.3225, Florida Statutes....
...In fact,
no where in section
380.06, Florida Statutes, is the
term ‘development agreement’ used. Therefore, the
NOPC application and approval cannot be
categorized as a ‘development agreement’ as that
term is used within section
163.3225, Florida
Statutes, and any notice provisions found in section
163.3225 do not apply to the NOPC application
submitted by SDI.” (emphasis supplied).
• “[S]ection [
163.3225] deals with development
agreements; and that is a whole separate category in
Florida development agreements or opportunities for
developers to come in and go through a process with
the county and enter into a development agreement
dealing with land....
