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The 2025 Florida Statutes
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F.S. 380.04380.04 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 380.04
Total Results: 33
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
easements and covenants affecting rights and land. Section 380.04.
The controversy before us results from actions
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
easements and covenants affecting rights in land. Section 380.04. Such regulation has by law heretofore been
184 So. 3d 1155
District Court of Appeal of Florida | Filed: Nov 8, 2015 | Docket: 3011061
Cited 16 times | Published
dividing of land into three or more parcels.” § 380.04(1), Fla. Stat. (2015). Because this administrativé
429 So. 2d 1260
District Court of Appeal of Florida | Filed: Mar 31, 1983 | Docket: 1222358
Cited 15 times | Published
materia with the definition of a "development" in Section 380.04, Florida Statutes, since both sections were
346 So. 2d 1049
District Court of Appeal of Florida | Filed: May 31, 1977 | Docket: 177542
Cited 10 times | Published
(1975). Development is specifically defined in § 380.04(2)(b) as including "[a] change in the intensity
333 So. 2d 472
District Court of Appeal of Florida | Filed: Jun 4, 1976 | Docket: 1687249
Cited 10 times | Published
within the definition of "development" which under § 380.04(1) is defined as:
"`Development' means the carrying
560 So. 2d 240, 1990 Fla. App. LEXIS 540, 1990 WL 6503
District Court of Appeal of Florida | Filed: Jan 30, 1990 | Docket: 1739486
Cited 9 times | Published
"development," as that term is defined under section 380.04, Florida Statutes (1987). We agree.
The definition
709 So. 2d 175, 1998 Fla. App. LEXIS 3418, 1998 WL 150434
District Court of Appeal of Florida | Filed: Apr 3, 1998 | Docket: 1681952
Cited 8 times | Published
shall require new development, as defined in Section 380.04, FS, on sites of 50 acres or more to preserve
494 So. 2d 1123, 11 Fla. L. Weekly 437
Supreme Court of Florida | Filed: Aug 21, 1986 | Docket: 452293
Cited 5 times | Published
has in section 380.04, Florida Statutes (1985). § 163.3164(5), Fla. Stat. (1985). Section 380.04(3) specifically
706 So. 2d 887, 1998 WL 44481
District Court of Appeal of Florida | Filed: Feb 6, 1998 | Docket: 444858
Cited 4 times | Published
county code define "development" by reference to section 380.04, which provides:
(1) The term development means
415 So. 2d 1286
District Court of Appeal of Florida | Filed: May 26, 1982 | Docket: 459205
Cited 4 times | Published
this chapter." "Development" is defined in section 380.04 as including the dividing of land into three
842 So. 2d 160, 2003 Fla. App. LEXIS 2401, 2003 WL 553980
District Court of Appeal of Florida | Filed: Feb 28, 2003 | Docket: 1440340
Cited 3 times | Published
that "development" has the meaning given it in section 380.04. § 163.3164(6), Fla. Stat. That provision defines
819 So. 2d 200, 2002 WL 1049732
District Court of Appeal of Florida | Filed: May 28, 2002 | Docket: 1456450
Cited 3 times | Published
development furnished in section 380.04, Florida Statutes, which in turn states in section 380.04(1), Florida Statutes
685 So. 2d 990, 1997 WL 1699
District Court of Appeal of Florida | Filed: Jan 3, 1997 | Docket: 1415534
Cited 3 times | Published
effect of permitting the development of land." Section 380.04 defines "development" as "the carrying out
510 So. 2d 915
District Court of Appeal of Florida | Filed: Feb 24, 1987 | Docket: 1589074
Cited 3 times | Published
abridge those rights. (Emphasis supplied).
"Section 380.04 Definition of development.
* * * * * *
"(4)
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
critical state concern, as required by Fla. Stat. § 380.04. The Third District further held that Fla. Stat
740 So. 2d 1209, 1999 WL 565476
District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 2161058
Cited 2 times | Published
area of critical state concern pursuant to section 380.04, Florida Statutes (1997). After reviewing the
165 So. 3d 12, 2015 WL 1381680
District Court of Appeal of Florida | Filed: Mar 27, 2015 | Docket: 60248143
Cited 1 times | Published
excluded from the definition of "development” in section 380.04, Florida Statutes (2012), and, therefore, that
74 So. 3d 595
District Court of Appeal of Florida | Filed: Nov 23, 2011 | Docket: 2358148
Cited 1 times | Published
"development" has the meaning given it in section 380.04 of "The Florida Environmental Land and Water
26 So. 3d 33, 2009 Fla. App. LEXIS 19943, 2009 WL 4912595
District Court of Appeal of Florida | Filed: Dec 22, 2009 | Docket: 2410890
Cited 1 times | Published
has the same meaning as that term is given in section 380.04. Section 163.3164(7) defines "Development order"
965 So. 2d 298, 2007 WL 2700180
District Court of Appeal of Florida | Filed: Sep 18, 2007 | Docket: 1509272
Cited 1 times | Published
development order contrary to Florida law. See § 380.04(f)(g). Appellants assert that, in addition to
104 F. Supp. 2d 1368, 2000 U.S. Dist. LEXIS 9911, 2000 WL 964763
District Court, S.D. Florida | Filed: Jun 21, 2000 | Docket: 2371116
Cited 1 times | Published
critical state concern, as required by Fla. Stat. § 380.04. The Third District further held that Fla. Stat
664 So. 2d 1150, 1995 Fla. App. LEXIS 13002, 1995 WL 749907
District Court of Appeal of Florida | Filed: Dec 20, 1995 | Docket: 1656030
Cited 1 times | Published
purposes of "development orders" is defined in section 380.04(1), Florida Statutes (1993) as:
... the carrying
District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60386695
Published
of land into three or more parcels.” Id. (14);
§ 380.04(1), Fla. Stat. (2018). Development can be an increase
208 So. 3d 111, 46 Envtl. L. Rep. (Envtl. Law Inst.) 20080, 2016 Fla. App. LEXIS 5953
District Court of Appeal of Florida | Filed: Apr 20, 2016 | Docket: 3055572
Published
“development” exception when it should not .have it. Section 380.04(3)(b), Florida Statute (2013), part of “The
149 So. 3d 699
District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1310798
Published
or dwelling units in a structure or on land.” § 380.04(2)(b).
It follows here that the 2010 Order was
74 So. 3d 595, 2011 Fla. App. LEXIS 18739
District Court of Appeal of Florida | Filed: Nov 23, 2011 | Docket: 60303536
Published
“development” has the meaning given it in section 380.04 of “The Florida Environmental Land and Water
62 So. 3d 1247, 2011 Fla. App. LEXIS 8934, 2011 WL 2330077
District Court of Appeal of Florida | Filed: Jun 15, 2011 | Docket: 2362085
Published
3164(6) defines "development" by referencing section 380.04, which defines the term as "the carrying out
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
provisions of section 380.04, entitled "Definition of Development." There is no category in section 380.04 suggesting
693 So. 2d 686, 1997 Fla. App. LEXIS 4980, 1997 WL 231497
District Court of Appeal of Florida | Filed: May 9, 1997 | Docket: 64773457
Published
having “the meaning given it in s. 380.04.” Section 380.04(1) generally defines “development” as “the
645 So. 2d 541, 1994 Fla. App. LEXIS 11015, 1994 WL 630618
District Court of Appeal of Florida | Filed: Nov 14, 1994 | Docket: 64752239
Published
Chapter 380. Such a conclusion is compelled by Section 380.04, Florida Statutes, which provides in pertinent
614 So. 2d 1164, 1993 Fla. App. LEXIS 2042, 1993 WL 40397
District Court of Appeal of Florida | Filed: Feb 17, 1993 | Docket: 64694729
Published
wetslips do not constitute a ‘development’ under Section 380.04,” but instead constitute a “marina” as that
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
includes the carrying out of any building activity. § 380.04(1), Fla.Stat. (1989). Any change in the intensity
