Title: 1972 Regular Session. Ch. 72-317. Florida land and water adjudicatory commission. 2p.
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Permanent Link: http://ufdc.ufl.edu/UF00052199/00001
 Material Information
Title: 1972 Regular Session. Ch. 72-317. Florida land and water adjudicatory commission. 2p.
Physical Description: Book
Spatial Coverage: North America -- United States of America -- Florida
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052199
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
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Full Text

1972 REGULAR SESSION Ch. 72-317

construction industry, academic community, land sales industry, real estate
profession, agriculture interests and shall consider other professions and oc-
cupationp, which may be affected by the provisions of this act. The president
of the senate shall appoint three (3) members and the speaker of the house
shall appoint three (3) members. Members of the committee shall serve with-
out compensation but shall be reimbursed for all necessary expenditures in the
performance of their duties. The committee shall continue in existence until
its duties are terminated, but not later than June 30, 1974.
(2) The committee shall study all facets of land resource management and
land development regulation with a view toward insuring that Florida's land
use laws give the highest quality of human amenities and environmental pro-
tection consistent with a sound and economic pattern of well planned develop-
ment, and shall recommend such new legislation or amendments to existing
legislation as are needed to achieve that goal.
(3) As part of its work the committee shall review the land use laws of other
states, the relevant federal laws, the progress of the American Law Institute's
project to draft a model land development code, and the general pattern of
court decisions in the land use area. The committee shall examine techniques
for encouraging new types of well planned development including methods of
regulating planned unit developments and new communities.
(4) The committee shall also consult with local governments and regional
planning agencies regarding their land use problems, consult with relevant
state agencies, including the Florida environmental inventory council, created
under section 370.0212, Florida Statutes, and shall obtain the views of the
public, including the views of businesses and professions concerned with use
of land, and of other interested groups.
(5) The committee shall prepare and submit to the governor and the legisla-
ture not later than December 30, 1973, a report which shall contain:
(a) Such proposals for changes in legislation as are recommended by the
(b) Drafts of model development ordinances which will assist local govern-
ments in adopting development ordinances as required by this act;
(c) Analyses of and comments on other relevant state-commissioned studies
and reports, including reports prepared by the Florida environmental inventory
council, created under section 370.0212, Florida Statutes;
(d) Review of, and recommendations on, the current status and effectiveness
of regional planning agencies with regard to land and water management; and
(e) Such other findings and recommendations as the committee chooses to
(6) The committee shall prepare and submit an interim report to the governor
not later than December 31, 1972, and to the legislature not later than March
15, 1973.
(7) The committee shall employ an executive director and may employ such
other staff and consultants as needed to carry out its functions.
(8) The department of administration shall provide necessary staff to the
S(9) Prior to submitting any recommendation or issuing any rule under this
act, the state land planning agency shall consult with and obtain the advice
of the committee.
"Section 10.
The initial standards and guidelines adopted by the administration commis-
sion pursuant to subsection (2) of section 6 shall be transmitted to the secre-
Stary of the senate and the clerk of the house of representatives for presenta-
tion to the next regular session of the legislature. These initial standards and
guidelines shall then be approved or disapproved by concurrent resolution of
the legislature or be modified by law, and upon concurrence by both houses

Ch. 72-317 1972 REGULAR SESSION

Section 7. Florida land and water adjudicatory commission
(1) There is hereby created the Florida land and water adjudicatory commis-
sion which shall consist of the administration commission.
? i (2) Whenever any local government issues any development order in any
j area of critical state concern, or in regard to any development of regional im-
pact, a copy of such order shall be transmitted to the state land planning agen-
cy and the owner or developer of the property affected by such order. With-
( in thirty (30) days after the order is rendered, either the owner, developer,
an appropriate regional planning agency, or the state land planning agency
nmay appeal the order to the Florida land and water adjudicatory commission
by filing a notice of appeal with the commission. 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 which issued the order. The filing of the notice of
appeal shall stay the effectiveness of the order, and shall stay any judicial
proceedings in relation to the development order, until after the completion of
the appeal process; provided, further, that upon motion and good cause shown
that the Florida land and water adjudicatory commission may permit material-
ly affected parties to intervene in the appeal.
(3) Prior to issuing an order the Florida land and water adjudicatory com-
mission shall hold a hearing pursuant to the provisions of part II, chapter 120,
Florida Statutes. The commission shall encourage the submission of appeals
on the record made below in cases where the development order was issued
after a full and complete hearing before the local government or an agency
r (4) The Florida land and water adjudicatory commission shall have the pow-
er to designate a hearing officer to conduct hearings, who shall have the power
Sto issue notices of hearings, subpoenas requiring the attendance of witnesses
and the production of evidence, to administer oaths and to take testimony as
may be necessary or in conformity with this act, and such hearing officer shall
"certify and file with the commission, recommendations, findings of fact, and a
proposed order.
(5) Within one hundred twenty (120) days, the Florida land and water ad-
judicatory commission shall issue a decision granting or denying permission
to develop pursuant to the standards of this act, and may attach conditions
and restrictions to its decisions. Decisions of the commission shall contain a
j statement of the reasons therefore. Decisions of the commission are subject
f to judicial review under part III of chapter 120, Florida Statutes.
Section 8. Protection of landowners' rights
(1) Nothing in this act authorizes any governmental agency to adopt a rule
or regulation or issue any order that is unduly restrictive or constitutes a tak-
ing of property without the payment of full compensation in violation of the
constitution of this state or of the United States.
(2) If any governmental agency authorized to adopt a rule or regulation or
issue any order under this act, shall determine, that to achieve the purposes
of this act, it is in the public interest to acquire the fee simple or lesser in-
terest in any parcel of land, such agency shall so certify to the state land plan-
ning agency, the Board of Trustees of the Internal Improvement Trust Funds,
and other appropriate governmental agencies.
(3) If any governmental agency denies a development permit under this act,
1[ it shall specify its reasons in writing and indicate any changes in the develop-
Sment proposal that would make it eligible to receive the permit.
Section 9. Environmental land management study committee
(1) There is hereby created an environmental land management study com-
i mittee to consist of fifteen (15) members. The governor shall appoint nine
t (9) members and designate one (1) as chairman. The governor shall include
among the members appointed by him one representative from each of the
following: environmental interests, organized labor, business interests, home

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