380.11
Enforcement; procedures; remedies.
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380.11 Enforcement; procedures; remedies.—
(1) JUDICIAL REMEDIES.—
(a) The state land planning agency, a state attorney, a county, and a municipality are each authorized to bring an action for injunctive relief, both temporary and permanent, against any person or developer found to be in violation of the provisions of this part or any rules, regulations, or orders issued thereunder.
(b) It shall not be a defense to, or ground for dismissal of, an action for injunctive relief brought by the state land planning agency that it has failed to exhaust its administrative remedies.
(2) ADMINISTRATIVE REMEDIES.—
(a) If the state land planning agency has reason to believe a violation of this part or any rule, development order, or other order issued hereunder or of any agreement entered into under s. 380.032(3) has occurred or is about to occur, it may institute an administrative proceeding pursuant to this section to prevent, abate, or control the conditions or activity creating the violation.
(b) An administrative proceeding shall be instituted by service by the state land planning agency of a written notice of violation upon the alleged violator, by certified mail. The notice shall specify the law, rule, development order, or other order alleged to be violated and the facts alleged to constitute a violation. An order directing cessation or prevention of the conditions or action that caused the notice of violation to be served may be included with the notice. However, no order served with the notice of violation is final and effective until 20 days after the date of service or until the conclusion of a properly requested administrative hearing. A request for an administrative hearing shall be in writing and shall be filed with the clerk of the state land planning agency within 20 days after the date of service of the notice upon the alleged violator. The failure to request an administrative hearing within the 20-day period constitutes a waiver thereof, and the notice of violation and any accompanying corrective order shall become final agency action. The state land planning agency may seek enforcement of its final agency action in accordance with s. 120.69 or by written agreement entered into with the alleged violator pursuant to s. 380.032(3).
(c) The state land planning agency may institute an administrative proceeding against any developer or responsible party pertaining to any area of critical state concern designated in s. 380.05, s. 380.055, s. 380.0551, or s. 380.0552:
1. To enjoin development activity if the damage or injury is caused by the development activity or by a violation of s. 380.05, s. 380.055, s. 380.0551, s. 380.0552, a rule of any governmental agency, or a development order.
2. To require the responsible party to replace or restore a deteriorated, damaged, injured, or otherwise significantly impacted natural, historical, or archaeological resource, major public facility, or area of major public investment if the damage or injury is caused by the development activity or by a violation of s. 380.05, s. 380.055, s. 380.0551, s. 380.0552, a rule of any governmental agency, or a development order.
3. To require the governmental agency to properly administer critical area regulations.
(d) The state land planning agency may institute an administrative proceeding against any developer or responsible party to obtain compliance with s. 380.06 and binding letters, agreements, rules, orders, or development orders issued pursuant to s. 380.032(3), s. 380.05, s. 380.06, or s. 380.07. The state land planning agency may seek enforcement of its final agency action in accordance with s. 120.69 or by written agreement with the alleged violator pursuant to s. 380.032(3).
History.—s. 3, ch. 74-326; s. 129, ch. 79-190; s. 34, ch. 81-167; s. 34, ch. 83-55; s. 5, ch. 83-308; s. 48, ch. 85-55; s. 57, ch. 93-206; s. 14, ch. 96-416; s. 19, ch. 2018-158.
Notes of Decisions
Cited in 11
cases, 1976–1993 · leading case: Friends of Everglands v. Bd. of Co. Com'rs
Friends of Everglands v. Bd. of Co. Com'rs (1984)
“07(2), and second to commence enforcement proceedings pursuant to Section 380.11, Florida Statutes (1981). [6] The general rule is that such relief is not available to Friends or to any other citizens: It is well settled that a court of equity will not ordinarily substitute its…”
Compass Lake Hills Development Corp. v. State, Department of Community Affairs, Division of State Planning (1979)
“06 “does so at its peril”, and that its construction may be enjoined under Section 380.11. General Development Corp.”
Bd. of Monroe Cty. Com'rs v. Dept. of Community Affairs (1990)
“The FDCA then filed a notice against the County of a violation of section 380.11(2), Florida Statutes (1987), and directed the County to cease all road work on the property.”
General Development Corp. v. DIVISION OF STATE PLANNING, DEPT. OF ADMINIS. (1977)
“Section 380.11. To sustain GDC's position with respect to one or more of the Port Malabar tracts would release that land from Section 380.”
Sarasota County v. General Development Corp. (1976)
“Fla. Stat. § 380.11 (1974), which was added to Chapter 380 in 1974, and provides that certain parties, including counties and municipalities, are authorized to bring ".”
Harbor Course Club v. DEPT. OF COMM. AFFAIRS (1987)
“See § 380.11(2)(c), Fla. Stat. (1985). The DCA's order on appeal adopted the findings of fact and conclusions of law set forth in the recommended order of the hearing officer.”
State ex rel. State Attorney for the Twelfth Judicial Circuit v. General Development Corp. (1984)
“16 One such specific general law is section 380.11, Florida Statutes (1981), “The Florida Environmental Land and Water Management Act of 1972.”
Sarasota County v. DEPT. OF ADMINISTRATION (1977)
“06(1), Florida Statutes (1975) and Section 380.11, Florida Statutes (1975), with regard to the construction of a crude oil splitter refining facility (the Project) in Manatee County by Manatee Energy Company, a subsidiary of Belcher Oil Company.”
South Fla. Reg Planning Council v. Fla. Div. of St. Planning (1979)
“We find nothing in the enactment of Chapter 380 indicating any intent to create "regional governments" in the form of regional planning councils, and we are convinced of the limited capacity of the regional council by the specific language of Section 380.11, delegating to the…”
STATE BY & THRO. STATE ATTY. v. Gen. Dev. Corp. (1984)
“[16] One such specific general law is section 380.11, Florida Statutes (1981), "The Florida Environmental Land and Water Management Act of 1972.”
Killearn Properties, Inc. v. Department of Community Affairs (1993)
“*776 The DCA is authorized by section 380.11, Florida Statutes, to, inter alia, prevent, abate, or control conditions creating a violation of a DO.”
— 380.11(2) — 1 case
Bd. of Monroe Cty. Com'rs v. Dept. of Community Affairs (1990)
“The FDCA then filed a notice against the County of a violation of section 380.11(2), Florida Statutes (1987), and directed the County to cease all road work on the property.”
— 380.11(2)(c) — 1 case
Harbor Course Club v. DEPT. OF COMM. AFFAIRS (1987)
“See § 380.11(2)(c), Fla. Stat. (1985). The DCA's order on appeal adopted the findings of fact and conclusions of law set forth in the recommended order of the hearing officer.”
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