Florida Statute 380.07 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 380
LAND AND WATER MANAGEMENT

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F.S. 380.07

380.07 Florida Land and Water Adjudicatory Commission.—

(1) There is hereby created the Florida Land and Water Adjudicatory Commission, which shall consist of the Administration Commission. The commission may adopt rules necessary to ensure compliance with the area of critical state concern program.

(2) Whenever any local government issues any development order in any area of critical state concern, or in regard to the abandonment of any approved development of regional impact, copies of such orders as prescribed by rule by the state land planning agency shall be transmitted to the state land planning agency, the regional planning agency, and the owner or developer of the property affected by such order. The state land planning agency shall adopt rules describing development order rendition and effectiveness in designated areas of critical state concern. Within 45 days after the order is rendered, the owner, the developer, or the state land planning agency may appeal the order to the Florida Land and Water Adjudicatory Commission by filing a petition alleging that the development order is not consistent with this part.

(3) Notwithstanding any other provision of law, an appeal of a development order in an area of critical state concern by the state land planning agency under this section may include consistency of the development order with the local comprehensive plan.

(4) The appellant shall furnish a copy of the notice of appeal to the opposing party, as the case may be, and to the local government that issued the order. The filing of the notice of appeal stays the effectiveness of the order until after the completion of the appeal process.

(5) Before issuing an order, the Florida Land and Water Adjudicatory Commission shall hold a hearing pursuant to chapter 120. The commission shall encourage the submission of appeals on the record made pursuant to subsection (7) in cases in which the development order was issued after a full and complete hearing before the local government or an agency thereof.

(6) The Florida Land and Water Adjudicatory Commission shall issue a decision granting or denying permission to develop pursuant to the standards of this chapter and may attach conditions and restrictions to its decisions.

(7) If an appeal is filed with respect to any issues within the scope of a permitting program authorized by chapter 161, chapter 373, or chapter 403 and for which a permit or conceptual review approval has been obtained before the issuance of a development order, any such issue shall be specifically identified in the notice of appeal which is filed pursuant to this section, together with other issues that constitute grounds for the appeal. The appeal may proceed with respect to issues within the scope of permitting programs for which a permit or conceptual review approval has been obtained before the issuance of a development order only after the commission determines by majority vote at a regularly scheduled commission meeting that statewide or regional interests may be adversely affected by the development. In making this determination, there is a rebuttable presumption that statewide and regional interests relating to issues within the scope of the permitting programs for which a permit or conceptual approval has been obtained are not adversely affected.

History.—s. 7, ch. 72-317; s. 1, ch. 77-117; s. 3, ch. 77-215; s. 15, ch. 78-95; s. 47, ch. 85-55; s. 18, ch. 86-191; s. 56, ch. 93-206; s. 13, ch. 96-416; s. 10, ch. 98-146; s. 10, ch. 2006-220; s. 4, ch. 2018-158.

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Amendments to 380.07

Arrestable Offenses / Crimes under Fla. Stat. 380.07

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 380.07.

Annotations, Discussions, Cases:

Cases Citing Statute 380.07

Total Results: 20

Board of County Commissioners Broward County Florida v. Lori Parrish, Broward County Property Appraiser

Court: District Court of Appeal of Florida | Date Filed: 2014-12-10

Citation: 154 So. 3d 412, 2014 Fla. App. LEXIS 20083, 2014 WL 6910673

Snippet: Administration Commission’s action. See, e.g., § 380.07(4), Fla. Stat. (2013) (stating, within the context

Bay Point Club, Inc. v. Bay County

Court: District Court of Appeal of Florida | Date Filed: 2004-10-25

Citation: 890 So. 2d 256

Snippet: before FLWAC under section 380.07, Florida Statutes (2001). Section 380.07(2) vests FLWAC with authority

Edgewater Beach Owners Ass'n, Inc. v. Walton County

Court: District Court of Appeal of Florida | Date Filed: 2002-12-19

Citation: 833 So. 2d 215, 2002 WL 31833708

Snippet: proceeding. In January 1993, pursuant to section 380.07, Florida Statutes (1991), the Association appealed

Grand Dunes, Ltd. v. Walton County

Court: District Court of Appeal of Florida | Date Filed: 1998-05-12

Citation: 714 So. 2d 473, 1998 WL 233292

Snippet: (EBOA) sought review by FLWAC, pursuant to section 380.07, Florida Statutes (1995), of an order entered by

Edgewater Beach Owners Ass'n v. Board of County Commissioners

Court: District Court of Appeal of Florida | Date Filed: 1997-01-22

Citation: 694 So. 2d 43, 1997 Fla. App. LEXIS 172

Snippet: must be considered an owner and granted section 380.07(2) standing in this case.” Nor does the result

EDGEWATER BEACH OWNERS v. Walton County

Court: District Court of Appeal of Florida | Date Filed: 1997-01-22

Citation: 694 So. 2d 43

Snippet: must be considered an owner and granted section 380.07(2) standing in this case." Nor does the result

Department of Community Affairs v. Moorman

Court: Supreme Court of Florida | Date Filed: 1995-09-28

Citation: 664 So. 2d 930, 20 Fla. L. Weekly Supp. 500, 1995 Fla. LEXIS 1556, 1995 WL 568721

Snippet: authority over areas of critical state concern. § 380.07(2), Fla. Stat. (1993). The Moorman lot sits in

County of Volusia v. Consolidated Pre-Stressed Concrete, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1995-02-24

Citation: 653 So. 2d 398, 1995 Fla. App. LEXIS 1822, 1995 WL 74481

Snippet: Commission pursuant to section 380.07 was by de novo hearing. Section 380.07 provides that after certain

Edgewater Beach Owners Ass'n v. Board of County Commissioners

Court: District Court of Appeal of Florida | Date Filed: 1994-11-14

Citation: 645 So. 2d 541, 1994 Fla. App. LEXIS 11015

Snippet: amended development order. pursuant to Section 380.07(2), Florida Statutes (1991). The FLWAC determined

Resolution Trust Corp. v. Mayor

Court: District Court of Appeal of Florida | Date Filed: 1994-03-01

Citation: 633 So. 2d 1119, 1994 WL 57931

Snippet: the completion of the appeal process." Section 380.07(4), Florida Statutes (1993). Our initial inquiry

Battaglia Prop. v. Land & Water Adj. Com'n

Court: District Court of Appeal of Florida | Date Filed: 1993-10-01

Citation: 629 So. 2d 161, 1993 WL 382986

Snippet: Florida Land and Water Adjudicatory Commission. § 380.07, Fla. Stat. (1991). Following an administrative

Young v. Department of Community Affairs

Court: Supreme Court of Florida | Date Filed: 1993-09-09

Citation: 625 So. 2d 831, 18 Fla. L. Weekly Supp. 476, 1993 Fla. LEXIS 1450, 1993 WL 347762

Snippet: state land planning agency pursuant to section 380.07, Florida Statutes (1987), the burden of persuasion

School Board of Monroe County v. Chiles

Court: District Court of Appeal of Florida | Date Filed: 1993-02-02

Citation: 613 So. 2d 129, 1993 Fla. App. LEXIS 1462, 1993 WL 20388

Snippet: Adjudicatory Commission under the provisions of section 380.07, Florida Statutes (1991). See §§ 380.0662(4), (5)

Ago

Court: Florida Attorney General Reports | Date Filed: 1992-06-11

Snippet: whether to appeal a development order pursuant to s.380.07, F.S., in light of the decision in Jennings v.

Young v. ST., DEPT. OF COMMUNITY AFFAIRS

Court: District Court of Appeal of Florida | Date Filed: 1990-10-16

Citation: 567 So. 2d 2, 1990 WL 82454

Snippet: of critical state concern. Pursuant to section 380.07, Florida Statutes (1987), the permits at issue

Brown v. APALACHEE REG. PLANNING COUNCIL

Court: Supreme Court of Florida | Date Filed: 1990-04-26

Citation: 560 So. 2d 782, 15 Fla. L. Weekly Supp. 244, 1990 Fla. LEXIS 593, 1990 WL 55944

Snippet: to fund the cost of appeals filed pursuant to s. 380.07.

Babcock Co. v. State

Court: District Court of Appeal of Florida | Date Filed: 1990-02-26

Citation: 558 So. 2d 76, 1990 Fla. App. LEXIS 1166, 1990 WL 16881

Snippet: Water Adjudicatory Commission pursuant to Section 380.07, Florida Statutes. A hearing officer presided over

Fairfield Com. v. Land & Water Adj. Com'n

Court: District Court of Appeal of Florida | Date Filed: 1988-03-30

Citation: 522 So. 2d 1012

Snippet: circumvent the limited standing provisions of section 380.07(2), Florida Statutes *1014 (1985),[4] and that

Harbor Course Club v. DEPT. OF COMM. AFFAIRS

Court: District Court of Appeal of Florida | Date Filed: 1987-02-24

Citation: 510 So. 2d 915

Snippet: appellants' application for a land clearing permit. See § 380.07, Fla. Stat. (1985). The hearing officer's recommended

Bartecki v. Department of Community Affairs

Court: District Court of Appeal of Florida | Date Filed: 1986-11-25

Citation: 498 So. 2d 972, 11 Fla. L. Weekly 2455, 1986 Fla. App. LEXIS 10793

Snippet: of the mean high water line. We agree. Section 380.07 creates the Florida Land and Water Adjudicatory