Florida Statute 380.31 - Full Text and Legal Analysis

The 2025 Florida Statutes

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 Commerce 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; s. 120, ch. 2024-6.

F.S. 380.031 on Google Scholar

F.S. 380.031 on CourtListener

Amendments to 380.031

Annotations, Discussions, Cases:

Cases Citing Statute 380.031

Total Results: 19

Askew v. Cross Key Waterways

372 So. 2d 913, 9 Envtl. L. Rep. (Envtl. Law Inst.) 20

Supreme Court of Florida | Filed: Nov 22, 1978 | Docket: 1695808

Cited 90 times | Published

"major public facility" which is defined in Section 380.031(10), or any "major public investment," which

Joint Ventures, Inc. v. Dept. of Transp.

563 So. 2d 622, 15 Fla. L. Weekly Supp. 246, 1990 Fla. LEXIS 588, 1990 WL 55937

Supreme Court of Florida | Filed: Apr 26, 1990 | Docket: 1682886

Cited 39 times | Published

permitting development as defined in this chapter." § 380.031(4), Fla. Stat. (1987). [4] Subsection 337.241(3)

Bush v. Schiavo

885 So. 2d 321, 2004 WL 2109983

Supreme Court of Florida | Filed: Sep 23, 2004 | Docket: 263908

Cited 31 times | Published

`major public facility' which is defined in Section 380.031(10), or any `major public investment,' which

Cross Key Waterways v. Askew

351 So. 2d 1062, 8 Envtl. L. Rep. (Envtl. Law Inst.) 20

District Court of Appeal of Florida | Filed: Aug 10, 1977 | Docket: 1671578

Cited 19 times | Published

development of the area's "earth, water, and air." Section 380.031(6). The designation subjects development there

Keith Howard, The Howard Company etc. v. Roger Murray and K&H Development etc.

184 So. 3d 1155

District Court of Appeal of Florida | Filed: Nov 8, 2015 | Docket: 3011061

Cited 16 times | Published

any development as defined in this chapter.” § 380,031(2), Fla. Stat. (2015). "The terrn ‘development’

Caloosa Prop. Owners Ass'n v. Palm Beach County Bd.

429 So. 2d 1260

District Court of Appeal of Florida | Filed: Mar 31, 1983 | Docket: 1222358

Cited 15 times | Published

any development as defined in" chapter 380. See § 380.031(4), Fla. Stat. [10] Thayer v. State, 335 So.2d

Estuary Properties, Inc. v. Askew

381 So. 2d 1126

District Court of Appeal of Florida | Filed: Dec 17, 1979 | Docket: 1723025

Cited 10 times | Published

"governmental agency" to which those provisions apply. (F.S. 380.031(5))[4] The requirement that the Adjudicatory

General Elec. Credit v. Metropolitan Dade Cty.

346 So. 2d 1049

District Court of Appeal of Florida | Filed: May 31, 1977 | Docket: 177542

Cited 10 times | Published

constituted a "development order" as defined in Section 380.031(2),[4] Florida Statutes, and that the petitioners

Pinellas County v. Lake Padgett Pines

333 So. 2d 472

District Court of Appeal of Florida | Filed: Jun 4, 1976 | Docket: 1687249

Cited 10 times | Published

three or more parcels." "Land" is defined in § 380.031(6) as including "... the earth, water, and air

Joint Ventures, Inc. v. Dept. of Transp.

519 So. 2d 1069, 13 Fla. L. Weekly 289, 1988 Fla. App. LEXIS 402, 1988 WL 6398

District Court of Appeal of Florida | Filed: Jan 29, 1988 | Docket: 1698848

Cited 8 times | Published

granting development permits, as defined in Section 380.031(4), Florida Statutes,[1] in areas where roads

Shands v. City of Marathon

999 So. 2d 718, 2008 WL 5412069

District Court of Appeal of Florida | Filed: Dec 31, 2008 | Docket: 1514943

Cited 4 times | Published

regulations controlling the development of land. § 380.031(8), Fla. Stat. (2003). [12] Penn Central Transp

Seminole County v. Mertz

415 So. 2d 1286

District Court of Appeal of Florida | Filed: May 26, 1982 | Docket: 459205

Cited 4 times | Published

findings that the evidence was properly excluded. Section 380.031(4), Florida Statutes (1981), defines "developer"

Manatee County v. Estech Gen. Chem. Corp.

402 So. 2d 1251

District Court of Appeal of Florida | Filed: Aug 5, 1981 | Docket: 1313397

Cited 4 times | Published

permit includes all requests for zoning approval. § 380.031(3). The local government then considers the applications

City of Key West v. Askew

324 So. 2d 655, 1975 Fla. App. LEXIS 19073

District Court of Appeal of Florida | Filed: Dec 23, 1975 | Docket: 1248985

Cited 3 times | Published

critical state concern." (Emphasis supplied.) Florida Statute 380.031(14) states: "`Rule' means a rule adopted

Neumont v. Monroe County, Florida

242 F. Supp. 2d 1265, 2002 U.S. Dist. LEXIS 23236, 2002 WL 31958956

District Court, S.D. Florida | Filed: Nov 21, 2002 | Docket: 2312588

Cited 2 times | Published

Regulation ("LDR") within the meaning of Fla Stat. 380.031(8). Under Chapter 380, the Department of Community

Keene v. Zoning Board of Adjustment

22 So. 3d 665, 2009 Fla. App. LEXIS 16130, 2009 WL 3485968

District Court of Appeal of Florida | Filed: Oct 30, 2009 | Docket: 1639885

Published

pertaining to "Land and Water Management.” Section 380.031 defines a "Development Order” to be "any order

Ridgewood Properties, Inc. v. Department of Community Affairs

595 So. 2d 1101, 1992 Fla. App. LEXIS 3313, 1992 WL 57149

District Court of Appeal of Florida | Filed: Mar 27, 1992 | Docket: 64666128

Published

J., COWART and DIAMANTIS, JJ., concur. . Section 380.031(4), Florida Statutes (1989) defines the term

Cabrera v. Department of Community Affairs

465 So. 2d 547, 10 Fla. L. Weekly 556, 1985 Fla. App. LEXIS 12608

District Court of Appeal of Florida | Filed: Mar 5, 1985 | Docket: 64610679

Published

hold an administrative hearing on the appeal. Section 380.031, Florida Statutes (1981), provides in pertinent

Windley Key v. State, Dept. of Com. Affairs

456 So. 2d 489

District Court of Appeal of Florida | Filed: Jun 26, 1984 | Docket: 1447049

Published

intent. NOTES [1] "Person" is defined in Section 380.031(14), Florida Statutes (1983) as "an individual