Florida Statute 380.11 | 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. 380.11

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.

F.S. 380.11 on Google Scholar

F.S. 380.11 on Casetext

Amendments to 380.11

Arrestable Offenses / Crimes under Fla. Stat. 380.11

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 380.11.

Annotations, Discussions, Cases:

Cases Citing Statute 380.11

Total Results: 14

Killearn Properties, Inc. v. Department of Community Affairs

Court: District Court of Appeal of Florida | Date Filed: 1993-08-16

Citation: 623 So. 2d 771, 1993 Fla. App. LEXIS 8457, 1993 WL 309145

Snippet: septic tanks. *776The DCA is authorized by section 380.11, Florida Statutes, to, inter alia, prevent, abate

Bd. of Monroe Cty. Com'rs v. Dept. of Community Affairs

Court: District Court of Appeal of Florida | Date Filed: 1990-01-30

Citation: 560 So. 2d 240, 1990 Fla. App. LEXIS 540, 1990 WL 6503

Snippet: notice against the County of a violation of section 380.11(2), Florida Statutes (1987), and directed the County

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: the appellants were to restore the site. See § 380.11(2)(c), Fla. Stat. (1985). The DCA's order on appeal

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

Court: District Court of Appeal of Florida | Date Filed: 1984-07-25

Citation: 456 So. 2d 904

Snippet: commence enforcement proceedings pursuant to Section 380.11, Florida Statutes (1981).[6] The general rule is

State ex rel. State Attorney for the Twelfth Judicial Circuit v. General Development Corp.

Court: District Court of Appeal of Florida | Date Filed: 1984-03-23

Citation: 448 So. 2d 1074, 1984 Fla. App. LEXIS 12361

Snippet: environment.16 One such specific general law is section 380.11, Florida Statutes (1981), “The Florida Environmental

STATE BY & THRO. STATE ATTY. v. Gen. Dev. Corp.

Court: District Court of Appeal of Florida | Date Filed: 1984-03-23

Citation: 448 So. 2d 1074

Snippet: environment.[16] One such specific general law is section 380.11, Florida Statutes (1981), "The Florida Environmental

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

Court: District Court of Appeal of Florida | Date Filed: 1979-12-27

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

Snippet: its construction may be enjoined under Section 380.11. General Development Corp. v. Division of State

South Fla. Reg Planning Council v. Fla. Div. of St. Planning

Court: District Court of Appeal of Florida | Date Filed: 1979-05-09

Citation: 370 So. 2d 447

Snippet: regional council by the specific language of Section 380.11, delegating to the Division of State Planning,

General Development Corp. v. DIVISION OF STATE PLANNING, DEPT. OF ADMINIS.

Court: District Court of Appeal of Florida | Date Filed: 1977-12-22

Citation: 353 So. 2d 1199, 1977 Fla. App. LEXIS 17273

Snippet: developer may be enjoined during construction. Section 380.11. To sustain GDC's position with respect to one

Sarasota County v. DEPT. OF ADMINISTRATION

Court: District Court of Appeal of Florida | Date Filed: 1977-10-05

Citation: 350 So. 2d 802

Snippet: 380.06(1), Florida Statutes (1975) and Section 380.11, Florida Statutes (1975), with regard to the construction

Sarasota County v. General Development Corp.

Court: District Court of Appeal of Florida | Date Filed: 1976-01-14

Citation: 325 So. 2d 45

Snippet: has zoning authority over this land. Fla. Stat. § 380.11 (1974), which was added to Chapter 380 in 1974

Skipper v. Schumacher

Court: Supreme Court of Florida | Date Filed: 1936-05-28

Citation: 169 So. 58, 124 Fla. 384, 1936 Fla. LEXIS 1134

Snippet: See also Ex Parte, Ah Men, 77 Cal. 198, 19 P. 380, 11 Am. St. Rep. 263." See also 15 R.C.L. 835-839.

Lord v. Curry

Court: Supreme Court of Florida | Date Filed: 1916-01-26

Citation: 71 Fla. 68, 71 So. 21

Snippet: Ct. Rep. 203; Hardin v. Jordan, 140 U. S. 371, 380, 11 Sup. Ct. Rep. 808, 838; Mitchell v. Smale, 140

Carter v. Owens

Court: Supreme Court of Florida | Date Filed: 1909-06-15

Citation: 58 Fla. 204

Snippet: South. Rep. 180; Wodsworth v. Adams, 138 U. S. 380, 11 Sup. Ct. Rep. 303; Pratt v. Patterson’s Ex’rs,