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.

F.S. 380.07 on Google Scholar

F.S. 380.07 on Casetext

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: Fla. Dist. Ct. App. | Date Filed: 2014-12-10T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2004-10-25T00:00:00-07:00

Citation: 890 So. 2d 256

Snippet: before FLWAC under section 380.07, Florida Statutes (2001). Section 380.07(2) vests FLWAC with authority…; set forth in chapter 380, Florida Statutes. § 380.07(1), Fla. Stat. (2001). Faced with a concession …conditions and restrictions to its decisions." § 380.07(5), Fla. Stat. (2001). I would find, in the context

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

Court: Fla. Dist. Ct. App. | Date Filed: 2002-12-18T23:53:00-08:00

Citation: 833 So. 2d 215

Snippet: proceeding. In January 1993, pursuant to section 380.07, Florida Statutes (1991), the Association appealed…reviewable only by FLWAC. See §§ 380.06(19)(f)6 and 380.07, Fla. Stat. (1995). [1] The majority holds that

Grand Dunes, Ltd. v. Walton County

Court: Fla. Dist. Ct. App. | Date Filed: 1998-05-12T00:53:00-07:00

Citation: 714 So. 2d 473

Snippet: EBOA) sought review by FLWAC, pursuant to section 380.07, Florida Statutes (1995), of an order entered by…FLWAC. In our order, we pointed out that section 380.07(2), Florida Statutes (1995), permits only "…filed a petition with FLWAC pursuant to section 380.07(2), but FLWAC determined that EBOA did not have…cannot escape the fact that, in clear terms, section 380.07(2) permits only "the owner, the developer,… 92 (Fla. 1st DCA 1983)(explaining that section 380.07(2) determines a party's *475 standing to appeal

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

Court: Fla. Dist. Ct. App. | Date Filed: 1997-01-22T00:00:00-08:00

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 …Association] is an “owner” under the terms of Section 380.07(2), and therefore has standing to appeal the amended

EDGEWATER BEACH OWNERS v. Walton County

Court: Fla. Dist. Ct. App. | Date Filed: 1997-01-21T23:53:00-08:00

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…an "owner" under the terms of Section 380.07(2), and therefore has standing to appeal the amended

Department of Community Affairs v. Moorman

Court: Fla. | Date Filed: 1995-09-28T00:53:00-07:00

Citation: 664 So. 2d 930

Snippet: authority over areas of critical state concern. § 380.07(2), Fla. Stat. (1993). The Moorman lot sits in …conditions and restrictions to its decisions." § 380.07, Fla. Stat. (1993). The record is unclear why the

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

Court: Fla. Dist. Ct. App. | Date Filed: 1995-02-24T00:00:00-08:00

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 …agreed that to interpret “appeal” as used in section 380.07 in its most narrow technical sense (that is, a

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

Court: Fla. Dist. Ct. App. | Date Filed: 1994-11-14T00:00:00-08:00

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…and dismissed the administrative appeal. Section 380.07(2) provides that the state land planning agency… this court’s prior opinions construing Section 380.07(2). In Caloosa Property Owners Association, Inc… under the statute, the term “owner” in Section 380.07(2), Florida Statues, refers to the owner of the… constitutes an “owner” for purposes of Section 380.07(2) may not be made without reference to the question

Resolution Trust Corp. v. Mayor

Court: Fla. Dist. Ct. App. | Date Filed: 1994-02-28T23:53:00-08:00

Citation: 633 So. 2d 1119

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 1993-10-01T00:53:00-07:00

Citation: 629 So. 2d 161

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

Young v. Department of Community Affairs

Court: Fla. | Date Filed: 1993-09-09T00:53:00-07:00

Citation: 625 So. 2d 831

Snippet: required by section 380.07(2), Florida Statutes (1987).[1] Pursuant to section 380.07(2), the Department…Adjudicatory Commission pursuant to section 380.07. Section 380.07(1) creates the Commission. Subsection (…section 380.07(3) refers to chapter 120, the majority concludes that the hearing in section 380.07 appeals…types of appeals are governed by sections 380.07(2) and 380.07(3), Florida Statutes. I would not reach … state land planning agency pursuant to section 380.07, Florida Statutes (1987), the burden of persuasion

School Board of Monroe County v. Chiles

Court: Fla. Dist. Ct. App. | Date Filed: 1993-02-02T00:00:00-08:00

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), (

Ago

Court: Fla. Att'y Gen. | Date Filed: 1992-06-11T00:53:00-07:00

Snippet: whether to appeal a development order pursuant to s.380.07, F.S., in light of the decision in Jennings v. …criteria. 5 Section 380.06(12)(c), F.S. 6 See, s. 380.07(2), F.S. 7 Jennings at 1347. 8 Jennings at 1349

Young v. ST., DEPT. OF COMMUNITY AFFAIRS

Court: Fla. Dist. Ct. App. | Date Filed: 1990-10-16T00:53:00-07:00

Citation: 567 So. 2d 2

Snippet: of critical state concern. Pursuant to section 380.07, Florida Statutes (1987), the permits at issue …pursuant to the provisions of chapter 120." Id. § 380.07(3). The statute contemplates, in other words, a… state land planning agency pursuant to section 380.07, Florida Statutes (1987), the burden of persuasion… an appropriate regional planning agency. Id. § 380.07(2). The Department's appeal automatically stayed… stayed the effectiveness of the permits. Id. § 380.07(2). [2] The exception is that the statute encourages

Brown v. APALACHEE REG. PLANNING COUNCIL

Court: Fla. | Date Filed: 1990-04-26T00:53:00-07:00

Citation: 560 So. 2d 782

Snippet: to fund the cost of appeals filed pursuant to s. 380.07. 74531 Supreme Court of Florida fla

Babcock Co. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1990-02-26T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1988-03-30T00:00:00-08:00

Citation: 522 So. 2d 1012

Snippet: circumvent the limited standing provisions of section 380.07(2), Florida Statutes *1014 (1985),[4] and that …right to appeal a development order under section 380.07(2). We affirm. Fairfield, the developer, is pursuing…policy-making role in resolving a DRI appeal under section 380.07, and is responsible for protecting and balancing… the term "appeal" as used in section 380.07(3) should be used in its broadest, non-technical…438 So.2d 876, 878 (Fla. 1st DCA 1983). Section 380.07 contemplates that FLWAC will conduct a de novo

Harbor Course Club v. DEPT. OF COMM. AFFAIRS

Court: Fla. Dist. Ct. App. | Date Filed: 1987-02-23T23:53:00-08:00

Citation: 510 So. 2d 915

Snippet: ; application for a land clearing permit. See § 380.07, Fla. Stat. (1985). The hearing officer's recommended…Land and Water Adjudicatory Commission. Section 380.07, Florida Statutes. As the state land planning agency…exemption from such permitting requirements. Sections 380.07 and 120.57(1), Florida Statutes; Transgulf Pipeline…authorizing the issuance of this permit, and Section 380.07(2), as construed in Fox v. South Florida Regional

Bartecki v. Department of Community Affairs

Court: Fla. Dist. Ct. App. | Date Filed: 1986-11-25T00:00:00-08:00

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