Florida Statute 380.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 380
LAND AND WATER MANAGEMENT

View Entire Chapter

F.S. 380.04

380.04 Definition of development.—

(1) The term “development” means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels.

(2) The following activities or uses shall be taken for the purposes of this chapter to involve “development,” as defined in this section:

(a) A reconstruction, alteration of the size, or material change in the external appearance of a structure on land.

(b) A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.

(c) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any “coastal construction” as defined in s. 161.021.

(d) Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land.

(e) Demolition of a structure.

(f) Clearing of land as an adjunct of construction.

(g) Deposit of refuse, solid or liquid waste, or fill on a parcel of land.

(3) The following operations or uses shall not be taken for the purpose of this chapter to involve “development” as defined in this section:

(a) Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way.

(b) Work by any utility and other persons engaged in the distribution or transmission of gas, electricity, or water, for the purpose of inspecting, repairing, or renewing on established rights-of-way or corridors, or constructing on established or to-be-established rights-of-way or corridors, any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like. This provision conveys no property interest and does not eliminate any applicable notice requirements to affected land owners.

(c) Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.

(d) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling.

(e) The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes.

(f) A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class.

(g) A change in the ownership or form of ownership of any parcel or structure.

(h) The creation or termination of rights of access, riparian rights, easements, distribution and transmission corridors, covenants concerning development of land, or other rights in land.

(4) “Development,” as designated in an ordinance, rule, or development permit includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, “development” refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of subsection (1).

History.—s. 4, ch. 72-317; s. 2, ch. 83-308; s. 94, ch. 2002-20; s. 29, ch. 2002-296; s. 2, ch. 2018-34.

F.S. 380.04 on Google Scholar

F.S. 380.04 on Casetext

Amendments to 380.04

Arrestable Offenses / Crimes under Fla. Stat. 380.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 380.04.

Annotations, Discussions, Cases:

Cases Citing Statute 380.04

Total Results: 20

Judah Imhof, Richard Bullard, Beach To Bay Connection, Inc., and South Walton Community Council, Inc. v. Walton County, Florida, a political subdivision of the State of Florida, and Ashwood Holdings Florida, LLC, a Florida limited liability company

Court: District Court of Appeal of Florida | Date Filed: 2021-09-15

Snippet: of land into three or more parcels.” Id. (14); § 380.04(1), Fla. Stat. (2018). Development can be an increase

RIVERSIDE HEIGHTS DEVELOPEMENT, LLC v. CITY OF TAMPA AND ULELE, INC.

Court: District Court of Appeal of Florida | Date Filed: 2020-09-11

Snippet: pending the disposition of the property." § 163.380(4). Subsection (3), on the other hand

Miami-Dade County v. Florida Power & Light Co.

Court: District Court of Appeal of Florida | Date Filed: 2016-04-20

Citation: 208 So. 3d 111, 46 Envtl. L. Rep. (Envtl. Law Inst.) 20080, 2016 Fla. App. LEXIS 5953

Snippet: exception when it should not .have it. Section 380.04(3)(b), Florida Statute (2013), part of “The Florida

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

Court: District Court of Appeal of Florida | Date Filed: 2015-11-08

Citation: 184 So. 3d 1155

Snippet: dividing of land into three or more parcels.” § 380.04(1), Fla. Stat. (2015). Because this administrativé

Carlton Fields Jorden Burt v. SP Healthcare Holdings, LLC

Court: District Court of Appeal of Florida | Date Filed: 2015-05-27

Citation: 163 So. 3d 1274, 2015 Fla. App. LEXIS 7968

Snippet: a discovery dispute, it must comply with rule 1.380(4), which requires that the sanctioned party have

Howell v. Pasco County

Court: District Court of Appeal of Florida | Date Filed: 2015-03-27

Citation: 165 So. 3d 12, 2015 WL 1381680

Snippet: from the definition of "development” in section 380.04, Florida Statutes (2012), and, therefore, that

Haines O'Neil, ind. and O'Neil Transportation etc v. Walton County, a political etc.

Court: District Court of Appeal of Florida | Date Filed: 2014-09-22

Citation: 149 So. 3d 699

Snippet: includes “any building activity” (§§ 163.3164(14), 380.04(1)), or “change in the intensity of use of land

Seminole Tribe of Florida v. Hendry County

Court: District Court of Appeal of Florida | Date Filed: 2013-06-12

Citation: 114 So. 3d 1073, 2013 WL 2494708, 2013 Fla. App. LEXIS 9265

Snippet: that constitute a “development,” as defined in s. 380.04, with existing land use plans and zoning ordinances

Graves v. City of Pompano Beach ex rel. City Commission

Court: District Court of Appeal of Florida | Date Filed: 2011-11-23

Citation: 74 So. 3d 595, 2011 Fla. App. LEXIS 18739

Snippet: “development” has the meaning given it in section 380.04 of “The Florida Environmental Land and Water Management

Graves v. POMPANO BEACH EX REL. CITY COM'N

Court: District Court of Appeal of Florida | Date Filed: 2011-11-23

Citation: 74 So. 3d 595

Snippet: "development" has the meaning given it in section 380.04 of "The Florida Environmental Land and Water Management

Wilson v. Palm Beach County

Court: District Court of Appeal of Florida | Date Filed: 2011-06-15

Citation: 62 So. 3d 1247, 2011 Fla. App. LEXIS 8934, 2011 WL 2330077

Snippet: 3164(6) defines "development" by referencing section 380.04, which defines the term as "the carrying out of

Johnson v. Gulf County

Court: District Court of Appeal of Florida | Date Filed: 2009-12-22

Citation: 26 So. 3d 33, 2009 Fla. App. LEXIS 19943, 2009 WL 4912595

Snippet: the same meaning as that term is given in section 380.04. Section 163.3164(7) defines "Development order"

Keene v. Zoning Board of Adjustment

Court: District Court of Appeal of Florida | Date Filed: 2009-10-30

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

Snippet: section 380.04, entitled "Definition of Development." There is no category in section 380.04 suggesting

In Re Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators

Court: Supreme Court of Florida | Date Filed: 2009-07-09

Citation: 13 So. 3d 1025, 34 Fla. L. Weekly Supp. 405, 2009 Fla. LEXIS 1020, 2009 WL 1956384

Snippet: proposed except for rules 4.220, 4.260, 4.310, 4.380, 4.410, and 4.460, which are adopted with modification

Johnson v. Gulf County

Court: District Court of Appeal of Florida | Date Filed: 2007-09-18

Citation: 965 So. 2d 298, 2007 WL 2700180

Snippet: development order contrary to Florida law. See § 380.04(f)(g). Appellants assert that, in addition to the

Galaxy Fireworks, Inc. v. City of Orlando

Court: District Court of Appeal of Florida | Date Filed: 2003-02-28

Citation: 842 So. 2d 160, 2003 Fla. App. LEXIS 2401, 2003 WL 553980

Snippet: "development" has the meaning given it in section 380.04. § 163.3164(6), Fla. Stat. That provision defines

Wildlife Federation v. Collier County

Court: District Court of Appeal of Florida | Date Filed: 2002-05-28

Citation: 819 So. 2d 200, 2002 WL 1049732

Snippet: furnished in section 380.04, Florida Statutes, which in turn states in section 380.04(1), Florida Statutes

1000 FRIENDS OF FLA., INC. v. St. Johns County

Court: District Court of Appeal of Florida | Date Filed: 2000-07-21

Citation: 765 So. 2d 216, 2000 Fla. App. LEXIS 9233

Snippet: definition of development. See §§ 163.3215(1), 163.3164, 380.04(3)(b). The appellants contend instead that they

Rathkamp v. DEPARTMENT OF COMM. AFFAIRS

Court: District Court of Appeal of Florida | Date Filed: 1999-08-04

Citation: 740 So. 2d 1209, 1999 WL 565476

Snippet: area of critical state concern pursuant to section 380.04, Florida Statutes (1997). After reviewing the record

Friends of Matanzas, Inc. v. Department of Environmental Protection

Court: District Court of Appeal of Florida | Date Filed: 1999-03-05

Citation: 729 So. 2d 437, 1999 Fla. App. LEXIS 2452, 1999 WL 110806

Snippet: oversight with regard to sections 163.3164(b) and 380.04, Florida Statutes. However, this court cannot provide