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: Fla. Dist. Ct. App. | Date Filed: 2021-09-15T00:53:00-07:00

Snippet: of land into three or more parcels.” Id. (14); § 380.04(1), Fla. Stat. (2018). Development can be an increase…alteration of a shore or bank, among other examples. § 380.04(2), Fla. Stat.

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

Court: Fla. Dist. Ct. App. | Date Filed: 2020-09-11T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2016-04-20T00:00:00-07:00

Citation: 208 So. 3d 111

Snippet: exception when it should not .have it. Section 380.04(3)(b), Florida Statute (2013), part of “The Florida…considered. In addition, FPL contends that section 380.04 stands for the proposition that any work done by…right-of-way constitutes “development.” Section 380.04(3)(b) states that the “development” exception is

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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-08T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2015-05-27T00:00:00-07:00

Citation: 163 So. 3d 1274

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

Howell v. Pasco County

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-27T00:00:00-07:00

Citation: 165 So. 3d 12

Snippet: 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: Fla. Dist. Ct. App. | Date Filed: 2014-09-22T00:00:00-07:00

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…or dwelling units in a structure or on land.” § 380.04(2)(b).

Seminole Tribe of Florida v. Hendry County

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-12T00:00:00-07:00

Citation: 114 So. 3d 1073

Snippet: that constitute a “development,” as defined in s. 380.04, with existing land use plans and zoning ordinances… and zoning ordinances under chapter 163 and s. 380.04(3), with existing land use plans and zoning ordinances

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

Court: Fla. Dist. Ct. App. | Date Filed: 2011-11-23T00:00:00-08:00

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

Snippet: or land.” § 380.04(1), Fla. Stat. (2009). The meaning of “development” in section 380.04(1) is more specifically…development” has the meaning given it in section 380.04 of “The Florida Environmental Land and Water Management… specifically defined in section 380.04(2)(b) as a “change in the intensity of use of land, such as an…units in a structure or on land.” Further, section 380.04(4) provides that “[rjeference to particular operations

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

Court: Fla. Dist. Ct. App. | Date Filed: 2011-11-22T23:53:00-08:00

Citation: 74 So. 3d 595

Snippet: quot; § 380.04(1), Fla. Stat. (2009). The meaning of "development" in section 380.04(1) is more…development" has the meaning given it in section 380.04 of "The Florida Environmental Land and Water… more specifically defined in section 380.04(2)(b) as a "change in the intensity of use of land, … a structure or on land." Further, section 380.04(4) provides that "[r]eference to particular

Wilson v. Palm Beach County

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-15T00:00:00-07:00

Citation: 62 So. 3d 1247

Snippet: three or more parcels." § 380.04(1), Fla. Stat. However, section 380.04 also excludes various operations… "development" by referencing section 380.04, which defines the term as "the carrying out…livestock; or for other agricultural purposes." § 380.04(3)(e), Fla. Stat. If agricultural uses are excluded

Johnson v. Gulf County

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-22T00:00:00-08:00

Citation: 26 So. 3d 33

Snippet: the same meaning as that term is given in section 380.04. Section 163.3164(7) defines "Development …application for a development permit." Section 380.04 provides in pertinent part: (1) The term "

Keene v. Zoning Board of Adjustment

Court: Fla. Dist. Ct. App. | Date Filed: 2009-10-30T00:00:00-07:00

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…pertains to development. The closest is section 380.04(l)(b), which identifies as "development:”

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

Court: Fla. | Date Filed: 2009-07-09T00:00:00-07:00

Citation: 13 So. 3d 1025

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: Fla. Dist. Ct. App. | Date Filed: 2007-09-18T00:53:00-07:00

Citation: 965 So. 2d 298

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: Fla. Dist. Ct. App. | Date Filed: 2003-02-27T23:53:00-08:00

Citation: 842 So. 2d 160

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: Fla. Dist. Ct. App. | Date Filed: 2002-05-28T00:53:00-07:00

Citation: 819 So. 2d 200

Snippet: furnished in section 380.04, Florida Statutes, which in turn states in section 380.04(1), Florida Statutes…definition of development set forth in section 380.04. Section 380.04(3)(e) excludes from the definition of &… excluded from the definition of development. § 380.04(3)(e), Fla. Stat. (1999). Because the definition…the application of intensity standards. Section 380.04, included within the provisions of the Florida … instead cognizant of the provisions of section 380.04, removing agricultural activities from the definition

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

Court: Fla. Dist. Ct. App. | Date Filed: 2000-07-21T00:53:00-07:00

Citation: 765 So. 2d 216

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: Fla. Dist. Ct. App. | Date Filed: 1999-08-04T00:53:00-07:00

Citation: 740 So. 2d 1209

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: Fla. Dist. Ct. App. | Date Filed: 1999-03-05T00:00:00-08:00

Citation: 729 So. 2d 437

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