380.07
Florida Land and Water Adjudicatory Commission.
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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.
Notes of Decisions
Cited in 55
cases (1 in the last 5 years), 1975–2025 · leading case: Caloosa Prop. Owners Ass'n v. Palm Beach County Bd.
Caloosa Prop. Owners Ass'n v. Palm Beach County Bd. (1983)
“Appellant, an organization of property owners, seeks review of an order of the Land and Water Adjudicatory Commission which dismissed its administrative appeal on the ground that the association, comprised of persons owning property adjoining a development of regional impact…”
Young v. Department of Community Affairs (1993)
“3d DCA 1990), in which the Third District Court of Appeal certified that it "passed upon a question of great public importance by holding that, in an appeal by the state land planning agency pursuant to section 380.07, Florida Statutes (1987), the burden of persuasion, and the…”
Transgulf Pipeline Co./dept. of Community Affairs v. Bd. of Cty. Comm'rs (1983)
“07(3) unconstitutional due to lack of substantive standards to guide the Commission or its hearing officer in making determinations pursuant to section 380.07. Since the substantive standards to be used in making determinations under Chapter 380 are contained in sections 380.”
Friends of Everglands v. Bd. of Co. Com'rs (1984)
“AS-156 We find that the proper resolution of this case involves two basic issues: (1) whether Friends and UKCA have standing to appeal a development order to FLWAC after the developer, the property owner, the Department or the SFRPC have declined to do so, and, if not, (2)…”
Fairfield Com. v. Land & Water Adj. Com'n (1988)
“It has been repeatedly recognized by the courts of this state that FLWAC has a policy-making role in resolving a DRI appeal under section 380.07, and is responsible for protecting and balancing state or regional interests in DRI review proceedings.”
General Elec. Credit v. Metropolitan Dade Cty. (1977)
“Development is specifically defined in § 380.04(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.”
Bay Point Club, Inc. v. Bay County (2004)
“After the County's denial, appellant initiated a proceeding before FLWAC under section 380.07, Florida Statutes (2001). Section 380.”
Smith v. Willis (1982)
“unty Commissioners to compel a contrary result: Plaintiffs are in doubt as to the right of Transgulf to knowingly and wilfully choose not to be represented by an attorney at the hearing before the Board of County Commissioners and choosing not to cross-examine any witness or to…”
Grand Dunes, Ltd. v. Walton County (1998)
“Appellee Edgewater Beach Owners Association (EBOA) sought review by FLWAC, pursuant to section 380.07, Florida Statutes (1995), of an order entered by the Walton County Commission amending a development of regional impact (DRI) development order.”
Estuary Properties, Inc. v. Askew (1979)
“NOTES [1] See F.S. 380.07, particularly F.S. 380.07(5).”
Graham v. Estuary Properties, Inc. (1981)
“[3] Estuary appealed this order to the Florida Land and Water Adjudicatory Commission pursuant to section 380.07, Florida Statutes (1973). After a five-day hearing de novo requested by the developer, the hearing officer found that destruction of the black mangroves would have an…”
Florida Dept. of Transp. v. JWC Co., Inc. (1981)
“1st DCA 1979), in which this court found no error in the hearing officer's requirement that the developer present its case first (in an appeal under Section 380.07, Florida Statutes) since "that would facilitate an orderly presentation of evidence.”
— 380.07(1) — 4 cases
Bay Point Club, Inc. v. Bay County (2004)
“After the County's denial, appellant initiated a proceeding before FLWAC under section 380.07, Florida Statutes (2001). Section 380.”
Young v. Department of Community Affairs (1993)
“3d DCA 1990), in which the Third District Court of Appeal certified that it "passed upon a question of great public importance by holding that, in an appeal by the state land planning agency pursuant to section 380.07, Florida Statutes (1987), the burden of persuasion, and the…”
— 380.07(2) — 29 cases
Caloosa Prop. Owners Ass'n v. Palm Beach County Bd. (1983)
“Appellant, an organization of property owners, seeks review of an order of the Land and Water Adjudicatory Commission which dismissed its administrative appeal on the ground that the association, comprised of persons owning property adjoining a development of regional impact…”
Friends of Everglands v. Bd. of Co. Com'rs (1984)
“AS-156 We find that the proper resolution of this case involves two basic issues: (1) whether Friends and UKCA have standing to appeal a development order to FLWAC after the developer, the property owner, the Department or the SFRPC have declined to do so, and, if not, (2)…”
Young v. Department of Community Affairs (1993)
“3d DCA 1990), in which the Third District Court of Appeal certified that it "passed upon a question of great public importance by holding that, in an appeal by the state land planning agency pursuant to section 380.07, Florida Statutes (1987), the burden of persuasion, and the…”
Fairfield Com. v. Land & Water Adj. Com'n (1988)
“It has been repeatedly recognized by the courts of this state that FLWAC has a policy-making role in resolving a DRI appeal under section 380.07, and is responsible for protecting and balancing state or regional interests in DRI review proceedings.”
Grand Dunes, Ltd. v. Walton County (1998)
“Appellee Edgewater Beach Owners Association (EBOA) sought review by FLWAC, pursuant to section 380.07, Florida Statutes (1995), of an order entered by the Walton County Commission amending a development of regional impact (DRI) development order.”
— 380.07(3) — 11 cases
Transgulf Pipeline Co./dept. of Community Affairs v. Bd. of Cty. Comm'rs (1983)
“07(3) unconstitutional due to lack of substantive standards to guide the Commission or its hearing officer in making determinations pursuant to section 380.07. Since the substantive standards to be used in making determinations under Chapter 380 are contained in sections 380.”
Young v. Department of Community Affairs (1993)
“3d DCA 1990), in which the Third District Court of Appeal certified that it "passed upon a question of great public importance by holding that, in an appeal by the state land planning agency pursuant to section 380.07, Florida Statutes (1987), the burden of persuasion, and the…”
Smith v. Willis (1982)
“unty Commissioners to compel a contrary result: Plaintiffs are in doubt as to the right of Transgulf to knowingly and wilfully choose not to be represented by an attorney at the hearing before the Board of County Commissioners and choosing not to cross-examine any witness or to…”
Caloosa Prop. Owners Ass'n v. Palm Beach County Bd. (1983)
“Appellant, an organization of property owners, seeks review of an order of the Land and Water Adjudicatory Commission which dismissed its administrative appeal on the ground that the association, comprised of persons owning property adjoining a development of regional impact…”
Estuary Properties, Inc. v. Askew (1979)
“NOTES [1] See F.S. 380.07, particularly F.S. 380.07(5).”
— 380.07(4) — 9 cases
Fairfield Com. v. Land & Water Adj. Com'n (1988)
“It has been repeatedly recognized by the courts of this state that FLWAC has a policy-making role in resolving a DRI appeal under section 380.07, and is responsible for protecting and balancing state or regional interests in DRI review proceedings.”
— 380.07(5) — 3 cases
Estuary Properties, Inc. v. Askew (1979)
“NOTES [1] See F.S. 380.07, particularly F.S. 380.07(5).”
Bay Point Club, Inc. v. Bay County (2004)
“After the County's denial, appellant initiated a proceeding before FLWAC under section 380.07, Florida Statutes (2001). Section 380.”
Key Haven Associated Enterprises, Inc. v. Board of Trustees of Internal Improvement Trust Fund (1981)
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