Florida Statutes
Fla. Stat. § 380.04 (2025)
Definition of development.
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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.
Notes of Decisions
Cited in 35
cases (1 in the last 5 years), 1976–2021 · leading case: Bd. of Monroe Cty. Com'rs v. Dept. of Cmty. Affairs, 560 So. 2d 240 (Fla. 3d DCA 1990).
Bd. of Monroe Cty. Com'rs v. Dept. of Cmty. Affairs, 560 So. 2d 240 (Fla. 3d DCA 1990). “Monroe County's primary contention on appeal is that the FDCA lacks jurisdiction over the subject matter because the County's road work is not "development," as that term is defined under section 380.04, Florida Statutes (1987). We agree.”
Wildlife Fed'n v. Collier Cnty., 819 So. 2d 200 (Fla. 1st DCA 2002). “" The above provision simply refers to the definition of development furnished in section 380.04, Florida Statutes, which in turn states in section 380.”
Gen. Elec. Credit v. Metro. Dade Cty., 346 So. 2d 1049 (Fla. 3d DCA 1977). “04(2)(b) as including "[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... ." [5] § 380.07, Fla. Stat. (1975).”
Keith Howard, The Howard Co. etc. v. Roger Murray & K&H Dev. etc., 184 So. 3d 1155 (Fla. 1st DCA 2015). “” § 380.04(1), Fla. Stat. (2015). Because this administrativé remedy has not been exhausted, we express no view on the merits' of any *1159 change to the-DRI order .”
Askew v. Cross Key Waterways, 372 So. 2d 913 (Fla. 1978). “Section 380.04. The controversy before us results from actions taken by the Administration Commission of the Department of Administration in designating the Green Swamp area of critical state concern and the Florida Keys area of critical state concern and, in the case of the…”
Caloosa Prop. Owners Ass'n v. Palm Beach Cnty. Bd., 429 So. 2d 1260 (Fla. 1st DCA 1983). “) This definition must be read in pari materia with the definition of a "development" in Section 380.04, Florida Statutes, since both sections were originally enacted as part of the same legislative enactment Chapter 72-317, Sections 1 and 4, Laws of Florida.”
Graves v. Pompano Beach Ex Rel. City Com'n, 74 So. 3d 595 (Fla. 4th DCA 2011). “3164(6), "development" has the meaning given it in section 380.04 of "The Florida Environmental Land and Water Management Act of 1972," and is defined there as "the carrying out of any building activity .”
Seminole Cnty. v. Mertz, 415 So. 2d 1286 (Fla. 5th DCA 1982). “" "Development" is defined in section 380.04 as including the dividing of land into three or more parcels.”
Beker Indus. Corp. v. Florida Land & Water Adjudicatory Comm'n (In Re Beker Indus. Corp.), 57 B.R. 611 (Bankr. S.D.N.Y. 1986). “Fla.Stat. § 380.04. Guidelines for consideration of whether a development has regional impact, and approval is thus required, must include not only consideration of the site to be developed but also off-site effects such as air pollution and “the amount of pedestrian or…”
Rinker Materials Corp. v. Town of Lake Park, 494 So. 2d 1123 (Fla. 1986). “However, for purposes of this act, development is given the same meaning it has in section 380.04, Florida Statutes (1985). § 163.”
Neumont v. Monroe Cnty., Florida, 242 F. Supp. 2d 1265 (S.D. Fla. 2002). “004-1997 is valid under Florida law and consistent with the Principles of Guiding Development for the Florida Keys area of critical state concern, as required by Fla. Stat. § 380.04 . The Third District further held that Fla.”
Cross Key Waterways v. Askew, 351 So. 2d 1062 (Fla. 1st DCA 1977). “Section 380.04. Such regulation has by law heretofore been committed to county and municipal governments, subject to general law regulating the use and development of particular resources.”
— 380.04(1) — 12 cases
Keith Howard, The Howard Co. etc. v. Roger Murray & K&H Dev. etc., 184 So. 3d 1155 (Fla. 1st DCA 2015). “” § 380.04(1), Fla. Stat. (2015). Because this administrativé remedy has not been exhausted, we express no view on the merits' of any *1159 change to the-DRI order .”
Seminole Cnty. v. Mertz, 415 So. 2d 1286 (Fla. 5th DCA 1982). “" "Development" is defined in section 380.04 as including the dividing of land into three or more parcels.”
Graves v. Pompano Beach Ex Rel. City Com'n, 74 So. 3d 595 (Fla. 4th DCA 2011). “3164(6), "development" has the meaning given it in section 380.04 of "The Florida Environmental Land and Water Management Act of 1972," and is defined there as "the carrying out of any building activity .”
Wildlife Fed'n v. Collier Cnty., 819 So. 2d 200 (Fla. 1st DCA 2002). “" The above provision simply refers to the definition of development furnished in section 380.04, Florida Statutes, which in turn states in section 380.”
Pinellas Cnty. v. Lake Padgett Pines, 333 So. 2d 472 (Fla. 2d DCA 1976).
— 380.04(1)(b) — 1 case
Keene v. Zoning Bd. of Adjustment, 22 So. 3d 665 (Fla. 5th DCA 2009).
— 380.04(2) — 1 case
— 380.04(2)(b) — 4 cases
Gen. Elec. Credit v. Metro. Dade Cty., 346 So. 2d 1049 (Fla. 3d DCA 1977). “04(2)(b) as including "[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... ." [5] § 380.07, Fla. Stat. (1975).”
Graves v. Pompano Beach Ex Rel. City Com'n, 74 So. 3d 595 (Fla. 4th DCA 2011). “3164(6), "development" has the meaning given it in section 380.04 of "The Florida Environmental Land and Water Management Act of 1972," and is defined there as "the carrying out of any building activity .”
Graves v. City of Pompano Beach ex rel. City Comm'n, 74 So. 3d 595 (Fla. 4th DCA 2011).
Haines O'Neil, ind. & O'Neil Transp. etc v. Walton Cnty., a political etc., 149 So. 3d 699 (Fla. 1st DCA 2014).
— 380.04(3) — 1 case
Rinker Materials Corp. v. Town of Lake Park, 494 So. 2d 1123 (Fla. 1986). “However, for purposes of this act, development is given the same meaning it has in section 380.04, Florida Statutes (1985). § 163.”
— 380.04(3)(a) — 2 cases
Bd. of Monroe Cty. Com'rs v. Dept. of Cmty. Affairs, 560 So. 2d 240 (Fla. 3d DCA 1990). “Monroe County's primary contention on appeal is that the FDCA lacks jurisdiction over the subject matter because the County's road work is not "development," as that term is defined under section 380.04, Florida Statutes (1987). We agree.”
Robbins v. City of Miami Beach, 664 So. 2d 1150 (Fla. 3d DCA 1995).
— 380.04(3)(b) — 1 case
Miami-Dade Cnty. v. Florida Power & Light Co., 208 So. 3d 111 (Fla. 3d DCA 2016).
— 380.04(3)(d) — 1 case
Bd. of Commissioners for Lee Cnty. v. Royal Pelican Dev., Inc., 614 So. 2d 1164 (Fla. 2d DCA 1993).
— 380.04(3)(e) — 2 cases
Wildlife Fed'n v. Collier Cnty., 819 So. 2d 200 (Fla. 1st DCA 2002). “" The above provision simply refers to the definition of development furnished in section 380.04, Florida Statutes, which in turn states in section 380.”
Wilson v. Palm Beach Cnty., 62 So. 3d 1247 (Fla. 4th DCA 2011).
— 380.04(3)(h) — 1 case
Lee Cnty. v. Lippi, 693 So. 2d 686 (Fla. 2d DCA 1997).
— 380.04(4) — 3 cases
Graves v. Pompano Beach Ex Rel. City Com'n, 74 So. 3d 595 (Fla. 4th DCA 2011). “3164(6), "development" has the meaning given it in section 380.04 of "The Florida Environmental Land and Water Management Act of 1972," and is defined there as "the carrying out of any building activity .”
Harbor Course Club v. DEPT. OF COMM. AFFAIRS, 510 So. 2d 915 (Fla. 3d DCA 1987).
Graves v. City of Pompano Beach ex rel. City Comm'n, 74 So. 3d 595 (Fla. 4th DCA 2011).
— 380.04(f)(g) — 1 case
Johnson v. Gulf Cnty., 965 So. 2d 298 (Fla. 1st DCA 2007).
— 380.04(l)(b) — 1 case
Keene v. Zoning Bd. of Adjustment, 22 So. 3d 665 (Fla. 5th DCA 2009).
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