Florida Statute 380.7 - Full Text and Legal Analysis

The 2025 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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F.S. 380.07 on CourtListener

Amendments to 380.07

Annotations, Discussions, Cases:

Cases Citing Statute 380.07

Total Results: 50

Graham v. Estuary Properties, Inc.

399 So. 2d 1374, 16 ERC 1766, 11 Envtl. L. Rep. (Envtl. Law Inst.) 20992, 16 ERC (BNA) 1766, 1981 Fla. LEXIS 2652

Supreme Court of Florida | Filed: Apr 16, 1981 | Docket: 309918

Cited 65 times | Published

and Water Adjudicatory Commission pursuant to section 380.07, Florida Statutes (1973). After a five-day

Florida Dept. of Transp. v. JWC Co., Inc.

396 So. 2d 778, 1981 Fla. App. LEXIS 20257

District Court of Appeal of Florida | Filed: Mar 27, 1981 | Docket: 1448416

Cited 45 times | Published

present its case first (in an appeal under Section 380.07, Florida Statutes) since "that would facilitate

Cross Key Waterways v. Askew

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

Florida Land and Water Adjudicatory Commission. Section 380.07. All such agency action is finally reviewable

Key Haven Associated Enterprises, Inc. v. Board of Trustees of Internal Improvement Trust Fund

400 So. 2d 66, 1981 Fla. App. LEXIS 19963

District Court of Appeal of Florida | Filed: Jun 1, 1981 | Docket: 1676916

Cited 16 times | Published

this opinion, of an order in accordance with F.S. 380.07(5) granting to Petitioner permission to develop

Caloosa Prop. Owners Ass'n v. Palm Beach County Bd.

429 So. 2d 1260

District Court of Appeal of Florida | Filed: Mar 31, 1983 | Docket: 1222358

Cited 15 times | Published

[1] had no standing, under the provisions of Section 380.07, Florida Statutes, to appeal the order entered

Friends of Everglands v. Bd. of Co. Com'rs

456 So. 2d 904

District Court of Appeal of Florida | Filed: Jul 25, 1984 | Docket: 1731931

Cited 12 times | Published

declined to do so, and, if not, (2) whether Section 380.07(2), Florida Statutes (1972),[3] limiting standing

SUWANNEE RIVER AREA COUNCIL, ETC. v. State

384 So. 2d 1369

District Court of Appeal of Florida | Filed: Jul 3, 1980 | Docket: 1269163

Cited 12 times | Published

Water Adjudicatory Commission, pursuant to Section 380.07, Florida Statutes, a development order issued

Estuary Properties, Inc. v. Askew

381 So. 2d 1126

District Court of Appeal of Florida | Filed: Dec 17, 1979 | Docket: 1723025

Cited 10 times | Published

then issues an order based on its findings. F.S. 380.07(2), provides for review of local government development

General Elec. Credit v. Metropolitan Dade Cty.

346 So. 2d 1049

District Court of Appeal of Florida | Filed: May 31, 1977 | Docket: 177542

Cited 10 times | Published

Florida Land and Water Adjudicatory Commission. Section 380.07, Florida Statutes (1975), outlines the procedure

Pinellas County v. Lake Padgett Pines

333 So. 2d 472

District Court of Appeal of Florida | Filed: Jun 4, 1976 | Docket: 1687249

Cited 10 times | Published

under the statutory scheme set out in Fla. Stat. § 380.07(2), the county which had neither title to nor

Transgulf Pipeline Co./dept. of Community Affairs v. Bd. of Cty. Comm'rs

438 So. 2d 876

District Court of Appeal of Florida | Filed: Sep 13, 1983 | Docket: 1445833

Cited 8 times | Published

the order of the circuit court which finds section 380.07(3), Florida Statutes (1981), facially unconstitutional

Transgulf Pipeline Co./dept. of Community Affairs v. Bd. of Cty. Comm'rs

438 So. 2d 876

District Court of Appeal of Florida | Filed: Sep 13, 1983 | Docket: 1445833

Cited 8 times | Published

the order of the circuit court which finds section 380.07(3), Florida Statutes (1981), facially unconstitutional

Sarasota County v. General Development Corp.

325 So. 2d 45

District Court of Appeal of Florida | Filed: Jan 14, 1976 | Docket: 1670643

Cited 8 times | Published

Water Adjudicatory Commission, pursuant to Section 380.07 of the Florida Statutes *47 and finds that

Sarasota County v. Beker Phosphate Corporation

322 So. 2d 655

District Court of Appeal of Florida | Filed: Nov 26, 1975 | Docket: 1413604

Cited 8 times | Published

Adjudicatory Commission's order erroneously interprets Section 380.07(2), Florida Statutes, as preventing an appeal

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

833 So. 2d 215, 2002 WL 31833708

District Court of Appeal of Florida | Filed: Dec 19, 2002 | Docket: 1675506

Cited 7 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Dec 10, 2014 | Docket: 2613290

Cited 6 times | Published

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

Bay Point Club, Inc. v. Bay County

890 So. 2d 256

District Court of Appeal of Florida | Filed: Oct 25, 2004 | Docket: 1285978

Cited 6 times | Published

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

Department of Community Affairs v. Moorman

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

Supreme Court of Florida | Filed: Sep 28, 1995 | Docket: 1229875

Cited 6 times | Published

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

Young v. Department of Community Affairs

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

Supreme Court of Florida | Filed: Sep 9, 1993 | Docket: 474084

Cited 6 times | Published

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

Fox v. Treasure Coast Regional Planning Council

442 So. 2d 221

District Court of Appeal of Florida | Filed: Mar 22, 1983 | Docket: 1515917

Cited 6 times | Published

some guidelines to the remand are appropriate. Section 380.07, Florida Statutes, provides for the creation

Smith v. Willis

415 So. 2d 1331

District Court of Appeal of Florida | Filed: Jun 18, 1982 | Docket: 459135

Cited 6 times | Published

judgment declaring among other things that section 380.07(3), part of the Environmental Land and Water

Grand Dunes, Ltd. v. Walton County

714 So. 2d 473, 1998 WL 233292

District Court of Appeal of Florida | Filed: May 12, 1998 | Docket: 461561

Cited 5 times | Published

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

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

522 So. 2d 1012, 1988 WL 27729

District Court of Appeal of Florida | Filed: Mar 30, 1988 | Docket: 1191988

Cited 5 times | Published

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

Fox v. SOUTH FLORIDA REG. PLAN. COUN.

327 So. 2d 56

District Court of Appeal of Florida | Filed: Feb 3, 1976 | Docket: 1716247

Cited 5 times | Published

as amended. Ch. 380, F.S. 1973 (1974 Supp.). Section 380.07 of the Act created the Florida Land and Water

Londono v. City of Alachua

438 So. 2d 91

District Court of Appeal of Florida | Filed: Sep 7, 1983 | Docket: 1731862

Cited 4 times | Published

Water Adjudicatory Commission is determined by section 380.07(2), Florida Statutes (1981). That statute provides

Manatee County v. Estech Gen. Chem. Corp.

402 So. 2d 1251

District Court of Appeal of Florida | Filed: Aug 5, 1981 | Docket: 1313397

Cited 4 times | Published

also with all local zoning matters. Finally, section 380.07 gives an aggrieved party the right to appeal

General Development Corp. v. Florida Land & Water Adjudicatory Comm'n

368 So. 2d 1323

District Court of Appeal of Florida | Filed: Mar 9, 1979 | Docket: 1389054

Cited 4 times | Published

respondents. MILLS, Acting Chief Judge. Pursuant to Section 380.07, Florida Statutes (1975), the Division of State

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

629 So. 2d 161, 1993 WL 382986

District Court of Appeal of Florida | Filed: Oct 1, 1993 | Docket: 1677252

Cited 3 times | Published

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

Young v. ST., DEPT. OF COMMUNITY AFFAIRS

567 So. 2d 2, 1990 WL 82454

District Court of Appeal of Florida | Filed: Oct 16, 1990 | Docket: 1381516

Cited 3 times | Published

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

Harbor Course Club v. DEPT. OF COMM. AFFAIRS

510 So. 2d 915

District Court of Appeal of Florida | Filed: Feb 24, 1987 | Docket: 1589074

Cited 3 times | Published

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

Sarasota County v. DEPT. OF ADMINISTRATION

350 So. 2d 802

District Court of Appeal of Florida | Filed: Oct 5, 1977 | Docket: 1757857

Cited 3 times | Published

for developments of regional impact pursuant to § 380.07(2). See note 7, supra.

EDGEWATER BEACH OWNERS v. Walton County

694 So. 2d 43

District Court of Appeal of Florida | Filed: Jan 22, 1997 | Docket: 1732669

Cited 2 times | Published

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

FRIENDS OF EVERGLADES, INC. v. Zoning Bd.

478 So. 2d 1126, 10 Fla. L. Weekly 2533

District Court of Appeal of Florida | Filed: Nov 14, 1985 | Docket: 1741706

Cited 2 times | Published

appellant has contended that the provisions of § 380.07(2), Florida Statutes, limiting standing for appeals

Resolution Trust Corp. v. Mayor

633 So. 2d 1119, 1994 WL 57931

District Court of Appeal of Florida | Filed: Mar 1, 1994 | Docket: 1296632

Cited 1 times | Published

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

Compass Lake Hills Development Corp. v. State, Department of Community Affairs, Division of State Planning

379 So. 2d 376, 1979 Fla. App. LEXIS 16326

District Court of Appeal of Florida | Filed: Dec 27, 1979 | Docket: 64574091

Cited 1 times | Published

Florida Land and Water Adjudicatory Commission (Section 380.07), and is authorized to bring an action for

South Fla. Regional Planning Council v. STATE LAND & WATER ADJUDICATORY COMM'N

372 So. 2d 159

District Court of Appeal of Florida | Filed: Jun 12, 1979 | Docket: 1325407

Cited 1 times | Published

(SFRPC) wherein it seeks to appeal, pursuant to Section 380.07, Florida Statutes, a `Development Order' issued

Samuel A. Osborne v. Walton County, Florida, a Political Subdivision of the State of Florida

District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69632236

Published

Ordinance 2017-12 (“the administrative appeal”). See § 380.07(2), Fla. Stat. (2017). SOA alleged that the “Amended

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

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

District Court of Appeal of Florida | Filed: Jan 22, 1997 | Docket: 64773848

Published

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

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

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

District Court of Appeal of Florida | Filed: Feb 24, 1995 | Docket: 64755462

Published

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

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

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

School Board of Monroe County v. Chiles

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

District Court of Appeal of Florida | Filed: Feb 2, 1993 | Docket: 64693894

Published

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

Babcock Co. v. State

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

District Court of Appeal of Florida | Filed: Feb 26, 1990 | Docket: 64648755

Published

and Water Adjudicatory Commission pursuant to Section 380.07, Florida Statutes. A hearing officer presided

Bartecki v. Department of Community Affairs

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

District Court of Appeal of Florida | Filed: Nov 25, 1986 | Docket: 64623649

Published

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

Friends of Everglades, Inc. v. City of Miami

485 So. 2d 856, 11 Fla. L. Weekly 651, 1986 Fla. App. LEXIS 6882

District Court of Appeal of Florida | Filed: Mar 13, 1986 | Docket: 64618281

Published

Cen-tre, a development of regional impact (DRI). Section 380.07, Florida Statutes (1983) permits only the developer

Friends of the Everglades, Inc. v. Zoning Board

478 So. 2d 1126, 10 Fla. L. Weekly 2533, 1985 Fla. App. LEXIS 16828

District Court of Appeal of Florida | Filed: Nov 14, 1985 | Docket: 64615723

Published

appellant has contended that the provisions of § 380.07(2), Florida Statutes, limiting standing for appeals

Florida East Coast Railway Co. v. State Land & Water Adjudicatory Commission

464 So. 2d 1361, 1985 Fla. App. LEXIS 13115, 10 Fla. L. Weekly 245

District Court of Appeal of Florida | Filed: Mar 26, 1985 | Docket: 64610490

Published

filing a notice of appeal with the commission.” Section 380.07(2), Florida Statutes (1983). This court has

Cabrera v. Department of Community Affairs

465 So. 2d 547, 10 Fla. L. Weekly 556, 1985 Fla. App. LEXIS 12608

District Court of Appeal of Florida | Filed: Mar 5, 1985 | Docket: 64610679

Published

authority to issue a ruling in this case. However, section 380.07, Florida Statutes, created the Commission and

Upper Keys Citizens Ass'n v. Monroe County

467 So. 2d 1018, 10 Fla. L. Weekly 151, 1985 Fla. App. LEXIS 11887

District Court of Appeal of Florida | Filed: Jan 8, 1985 | Docket: 64611543

Published

requirements of that chapter. Under the provisions of section 380.-07(2), those with standing to challenge a local

Windley Key v. State, Dept. of Com. Affairs

456 So. 2d 489

District Court of Appeal of Florida | Filed: Jun 26, 1984 | Docket: 1447049

Published

filed a petition with FLAWAC, pursuant to section 380.07(2), Florida Statutes (1981), appealing the

Fox v. South Florida Regional Planning Council

327 So. 2d 56, 1976 Fla. App. LEXIS 14632

District Court of Appeal of Florida | Filed: Feb 3, 1976 | Docket: 64552541

Published

as amended. Ch. 380, F.S.1973 (1974 Supp.). Section 380.07 of the Act created the Florida Land and Water