Title: 1985 Fla. Stat. Sec. 380.07 Florida Land and Water Adjudicatory Commission. Hereby created. 1p.
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Title: 1985 Fla. Stat. Sec. 380.07 Florida Land and Water Adjudicatory Commission. Hereby created. 1p.
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Spatial Coverage: North America -- United States of America -- Florida
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Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052197
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F.S. 1985 LAND AND WATER MANAGEMENT Ch. 380

2. The dry storage of fewer than 150 watercraft used roborative documentation which includes each project
exclusively for sport, pleasure, or commercial fishing, in a unified plan of development.
3. The wet or dry storage or mooring of fewer than History.-s 46 ch 85-55
300 watercraft used exclusively for sport, pleasure, or 30.07 F a L a W
commercial fishing in an area designated by the Gover- 380.07Floda Land and Water Adjudicatory Co
nor and Cabinet in the state marina siting plan as suit- mission.-
able for marina construction. (1) There is hereby created the Florida Land and
4. The dry storage of fewer than 300 watercraft used Water Adjudicatory Commission, which shall consist of
exclusively for sport, pleasure, or commercial fishing at the Administration Commission.
a marina constructed and in operation prior to July 1, (2) Whenever any local government issues any de-
1985. velopment order in any area of critical state concern, or
(f) Retail, service, and wholesale development.- in regard to any development of regional impact, copies
Any proposed retail, service, or wholesale business es- of such orders as prescribed by rule by the state land
tablishment or group of establishments operated under planning agency shall be transmitted to the state land
one common property ownership, development plan, or planning agency, the regional planning agency, and the
management that: owner or developer of the property affected by such or-
1. Encompasses more than 400,000 square feet of der. Within 45 days after the order is rendered, the own-
gross area; er, the developer, an appropriate regional planning
2. Occupies more than 40 acres of land; or agency by vote at a regularly scheduled meeting, or the
3. Provides parking spaces for more than 2,500 state land planning agency may appeal the order to the
cars. Florida Land and Water Adjudicatory Commission by fil-
(g) Hotel or motel development.- ing a notice of appeal with the commission. The appel-
1. Any proposed hotel or motel development that is lant shall furnish a copy of the notice of appeal to the op-
planned to create or accommodate 350 or more units; posing party, as the case may be, and to the local gov-
or ernment which issued the order. The filing of the notice
2. Any proposed hotel or motel development that is of appeal shall stay the effectiveness of the order and
planned to create or accommodate 750 or more units, shall stay any judicial proceedings in relation to the de-
in a county with a population greater than 500,000, and velopment order, until after the completion of the appeal
only in a geographic area specifically designated as process.
highly suitable for increased threshold intensity in the (3) Prior to issuing an order, the Florida Land and
approved local comprehensive plan and in the compre- Water Adjudicatory Commission shall hold a hearing
hensive regional policy plan. pursuant to the provisions of chapter 120. The commis-
(h) Recreational vehicle development.-Any pro- sion shall encourage the submission of appeals on the
posed recreational vehicle development planned to record made below in cases in which the development
create or accommodate 500 or more spaces. order was issued after a full and complete hearing be-
(i) Multi-use development.-Any proposed develop- fore the local government or an agency thereof.
ment with two or more land uses under common owner- (4) The Florida Land and Water Adjudicatory Com-
ship, development plan, advertising, or management mission shall issue a decision granting or denying per-
where the sum of the percentages of the appropriate mission to develop pursuant to the standards of this
thresholds identified in chapter 27F-2, Florida Adminis- chapter and may attach conditions and restrictions to its
trative Code, or this section for each land use in the de- decisions.
velopment is equal to or greater than 130 percent. This (5) If an appeal is filed with respect to any issues
threshold is in addition to, and does not preclude, a de- within the scope of a permitting program authorized by
velopment from being required to undergo develop- chapter 161, chapter 373, or chapter 403 and for which
ment-of-regional-impact review under any other thresh- a permit or conceptual review approval has been ob-
old.
trained prior to the issuance of a development order, any
(j) Residential development.-No rule may be such issue shall be specifically identified in the notice of
adopted concerning residential developments which appeal which is filed pursuant to this section, together
treats a residential development in one county as being with other issues which constitute grounds for the ap-
located in a less populated adjacent county unless more pealma ro ih t issues
or les miese of the less lopu oated a e thon within the scope of permitting programs for which a per-
or ess s ttelalai agden s ulrec- mit or conceptual review approval has been obtained
mend to the Administration Commission specific criteria prior to the issuance of a development order only after
to be used in determining whether two or more develop- the commission determines by majority vote at a regular-
ments shall be aggregated and treated as a single de- ly scheduled commission meeting that statewide or re-
velopment under this act. The Administration Commis- gional interests may be adversely affected by the devel-
Sion shall adopt appropriate aggregation criteria by rule opment. In making this determination, there shall be a
"no later than March 1, 1986. The rule shall specify criteria rebuttable presumption that statewide and regional in-
that, in addition to common ownership or majority inter- terests relating to issues within the scope of the permit-
est, shall require that one or more of the following factors ting programs for which a permit or conceptual approval
must exist: prox shring of ifratruur, c o has been obtained are not adversely affected.
must exist: proximity, sharing of infrastructure, common History.-s 7, ch 72-317; s 1, ch 77-117; s 3, ch 77-215 s 15. ch 78 95; s 47,
advertising or management, or master plan or other cor- ch 85 55

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