Title: 1972 Regular Session. Ch. 72-317. Environmental Land and Water Management Act of 1972. 2p.
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 Material Information
Title: 1972 Regular Session. Ch. 72-317. Environmental Land and Water Management Act of 1972. 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: UF00052200
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. 72317

Section 2. Purpose
It is the legislative intent that, in order to protect the natural resources
and environment of this state as provided in section 7 of article II of the
constitution of this state, and to insure a water management system that will
reverse the deterioration of water quality and provide optimum utilization
of our limited water resources, and to facilitate orderly and well planned de-
velopment, and to protect the health, welfare, safety, and quality of lfe of
the residents of this state, it is necessary to adequately plan for and guide
Growth and development within this state. In order to accomplish these
purposes, it is necessary that the State of Florida establish land and water
management policies to guide and coordinate local decisions relating to
growth and development, and that such state land and water management
policies should to the maximum possible extent be implemented by local
governments through existing processes for the guidance of growth and de-
velopment, and that all the existing rights of private property be preserved
in accord with the constitution of this state and of the United States.
Section 3. Definitions
As used in this act:
(1) "Administration Commission" or "Commission' means the governor and
cabinet and for purposes of this act, the commission shall act upon a simple
(2) "Development order" means any order granting or denying or granting
with conditions an application for a "development permit."
(3) A "development permit" includes any building permit, zoning permit,
plat approval, rezoning, certification, variance, or other action having the
effect of permitting development as defined in this act.
(4) "Developer" means any person, including a governmental agency, un-
dertaking any development as defined in this act.
(5) "Governmental agency" means:
(a) The United States or any department, commission, agency, or other in-
strumentality thereof; or
(b) This state, or any department, commission, agency, or other instru-
mentality thereof; or
(c) Any local government as defined in this act or any department, com-
mission, agency, or other instrumentality thereof; or
(d) Any school board or other special district, authority, or other gov-
ernmental entity.
(6) "Land" means the earth, water, and air, above, below or on the sur-
face, and includes any improvements or structures customarily regarded as
(7) "Land development regulations" include local zoning, subdivision,
building, and other regulations controlling the development of land.
(8) A "Land Use" means the development that has occurred on land.
(9) "Local government" means any county or municipality, and, where
relevant, any joint airport zoning board.
(10) 'Major public facility" means any publicly-owned facility of more
than local significance.
(11) "Parcel" of land means any quantity of land capable of being de-
scribed with such definiteness that its location and boundaries may be es-
tablished, which is designated by its owner or developer as land to be used
or developed as a unit, or which has been used or developed as a unit.
(12) "Person" means an individual, corporation, governmental agency,
business trust, estate, trust, partnership, association, two or more persons
having a joint or common interest, or any other legal entity.


i Ch. 72-317 1972 REGULAR SESSION


CHAPTER 72-317


An Act relating to environmental land and water management; authorizing
the state land planning agency to recommend, and the administration
I commission to designate, areas of critical state concern and to specify
J principles for guiding development therein; authorizing regional plan-
f ning agencies and local governments to recommend areas for such des-
Ignation; providing procedures for the designation of such areas; au-
thorlzing local governments to adopt appropriate land development reg-
ulations for such areas subject to approval of the state land planning
agency; providing for the recommendation of land development regula-
tlons by the state land planning agency In the absence of local regulations,
and the adoption thereof by the administration commission; providing for
j the protection of holders of existing permits or rights to develop land;
providing for enforcement of land development regulations; limiting
the land area which may be designated as areas of critical state concern;
Defining the type of development that has regional Impact; providing
Sfor the adoption by the administration commission of guidelines for
use In determining whether developments are of regional Impact; au- )
thorizing regional planning agencies to recommend types of development
as having regional Impact; providing that a developer may receive a de-
termination as to whether his development is of regional Impact; pro-
viding circumstances under which developments of regional impact may be
| undertaken; providing for hearings by the local government, and no-
tice thereof;, providing for reports and recommendations to the local
government from regional planning agencies; providing for the mailing
by the state land planning agency of a weekly list of development pro-
posals having regional Impact; providing for the Issuance by local
governments of approval for development; providing for designation
j of the administration commission as a Florida land and water adjudl-
| catory commission; creating a right of appeal to the commission from
j decisions in areas of critical state concern or regarding development of
regional Impact; setting forth procedures for such appeals; providing
Sfor hearings; providing the power to designate a hearing officer; au-
thorizing the commission to issue decisions on such appeals; providing
j for the protection of landowners' constitutional rights and requiring
specification of reasons for denying development permits; authorizing
governmental agencies to certify to appropriate governmental agencies
lands which, in the public interest, should be acquired; creating an en-
J vironmental land management study committee, and designating its
functions; directing the committee to prepare and submit reports; pro-
viding that the state land planning agency shall consult with the com-
mittee, providing for an executive director and staff for the committee;
providing an appropriation of one hundred fifty thousand dollars ($150,-
000); providing for severability; providing effective dates.
SBe It Enacted by the Legislature of the State of Florida:
Section I. Short title
\ This act shall be known and may be cited as "The Florida Environmental
Land and Water Management Act of 1972."


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