380.031
Definitions.
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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.
Notes of Decisions
Cited in 19
cases, 1976–2009 · leading case: General Elec. Credit v. Metropolitan Dade Cty.
General Elec. Credit v. Metropolitan Dade Cty. (1977)
“[4] § 380.031(2) defines a development order as "any order granting, denying, or granting with conditions an application for a development permit.”
Joint Ventures, Inc. v. Dept. of Transp. (1990)
“" § 380.031(4), Fla. Stat. (1987). [4] Subsection 337.”
Caloosa Prop. Owners Ass'n v. Palm Beach County Bd. (1983)
“§§ 380.031(13), 380.06(11)(a) 1.-6., Florida Statutes.”
Joint Ventures, Inc. v. Dept. of Transp. (1988)
“241, restricting the issuance of development permits for the time specified must, in my judgment, by reason of the statute's reference to section 380.031(14), be read in pari materia with other pertinent provisions of statutes relating to the issuance of development permits;…”
Askew v. Cross Key Waterways (1978)
“Subsection (b) expands the choice to include areas which in unstated ways affect or are affected by any "major public facility" which is defined in Section 380.031(10), or any "major public investment," which is not.”
Cross Key Waterways v. Askew (1977)
“Subsection (b) expands the choice to include areas which in unstated ways affect or are affected by any "major public facility," which is defined in Section 380.031(10), or any "major public investment," which is not.”
Bush v. Schiavo (2004)
“Subsection (b) suffered a similar defect by expanding "the choice to include areas which in unstated ways affect or are affected by any `major public facility' which is defined in Section 380.031(10), or any `major public investment,' which is not.”
Manatee County v. Estech Gen. Chem. Corp. (1981)
“§ 380.031(2) (emphasis added). Development permit, in turn is defined to include "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.”
Pinellas County v. Lake Padgett Pines (1976)
“" "Land" is defined in § 380.031(6) as including "... the earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.”
Seminole County v. Mertz (1982)
“Section 380.031(4), Florida Statutes (1981), defines "developer" as "any person, including a governmental agency, undertaking any development as defined in this chapter.”
Shands v. City of Marathon (2008)
“5th DCA 2006) ("Inverse condemnation is a cause of action by a property owner to recover the value of property that has been de facto taken by an agency having the power of eminent domain where no formal exercise of that power has been undertaken.”
Estuary Properties, Inc. v. Askew (1979)
“(F.S. 380.031(5)) [4] The requirement that the Adjudicatory Commission specify changes which would make a development proposal eligible for approval indicates a legislative intention to give the entire review process a definite point of termination.”
— 380.031(10) — 3 cases
Askew v. Cross Key Waterways (1978)
“Subsection (b) expands the choice to include areas which in unstated ways affect or are affected by any "major public facility" which is defined in Section 380.031(10), or any "major public investment," which is not.”
Bush v. Schiavo (2004)
“Subsection (b) suffered a similar defect by expanding "the choice to include areas which in unstated ways affect or are affected by any `major public facility' which is defined in Section 380.031(10), or any `major public investment,' which is not.”
Cross Key Waterways v. Askew (1977)
“Subsection (b) expands the choice to include areas which in unstated ways affect or are affected by any "major public facility," which is defined in Section 380.031(10), or any "major public investment," which is not.”
— 380.031(13) — 1 case
Caloosa Prop. Owners Ass'n v. Palm Beach County Bd. (1983)
“§§ 380.031(13), 380.06(11)(a) 1.-6., Florida Statutes.”
— 380.031(14) — 2 cases
Joint Ventures, Inc. v. Dept. of Transp. (1988)
“241, restricting the issuance of development permits for the time specified must, in my judgment, by reason of the statute's reference to section 380.031(14), be read in pari materia with other pertinent provisions of statutes relating to the issuance of development permits;…”
— 380.031(18) — 1 case
— 380.031(2) — 2 cases
General Elec. Credit v. Metropolitan Dade Cty. (1977)
“[4] § 380.031(2) defines a development order as "any order granting, denying, or granting with conditions an application for a development permit.”
Manatee County v. Estech Gen. Chem. Corp. (1981)
“§ 380.031(2) (emphasis added). Development permit, in turn is defined to include "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.”
— 380.031(3) — 2 cases
General Elec. Credit v. Metropolitan Dade Cty. (1977)
“[4] § 380.031(2) defines a development order as "any order granting, denying, or granting with conditions an application for a development permit.”
Manatee County v. Estech Gen. Chem. Corp. (1981)
“§ 380.031(2) (emphasis added). Development permit, in turn is defined to include "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.”
— 380.031(4) — 7 cases
Joint Ventures, Inc. v. Dept. of Transp. (1990)
“" § 380.031(4), Fla. Stat. (1987). [4] Subsection 337.”
Caloosa Prop. Owners Ass'n v. Palm Beach County Bd. (1983)
“§§ 380.031(13), 380.06(11)(a) 1.-6., Florida Statutes.”
Joint Ventures, Inc. v. Dept. of Transp. (1988)
“241, restricting the issuance of development permits for the time specified must, in my judgment, by reason of the statute's reference to section 380.031(14), be read in pari materia with other pertinent provisions of statutes relating to the issuance of development permits;…”
Seminole County v. Mertz (1982)
“Section 380.031(4), Florida Statutes (1981), defines "developer" as "any person, including a governmental agency, undertaking any development as defined in this chapter.”
General Elec. Credit v. Metropolitan Dade Cty. (1977)
“[4] § 380.031(2) defines a development order as "any order granting, denying, or granting with conditions an application for a development permit.”
— 380.031(5) — 1 case
Estuary Properties, Inc. v. Askew (1979)
“(F.S. 380.031(5)) [4] The requirement that the Adjudicatory Commission specify changes which would make a development proposal eligible for approval indicates a legislative intention to give the entire review process a definite point of termination.”
— 380.031(6) — 2 cases
Pinellas County v. Lake Padgett Pines (1976)
“" "Land" is defined in § 380.031(6) as including "... the earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.”
Cross Key Waterways v. Askew (1977)
“Subsection (b) expands the choice to include areas which in unstated ways affect or are affected by any "major public facility," which is defined in Section 380.031(10), or any "major public investment," which is not.”
— 380.031(8) — 2 cases
Shands v. City of Marathon (2008)
“5th DCA 2006) ("Inverse condemnation is a cause of action by a property owner to recover the value of property that has been de facto taken by an agency having the power of eminent domain where no formal exercise of that power has been undertaken.”
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