Title: Proposals For 380.06(15) amd (26). F.S.
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Permanent Link: http://ufdc.ufl.edu/WL00004645/00001
 Material Information
Title: Proposals For 380.06(15) amd (26). F.S.
Physical Description: Book
Language: English
Publisher: Florida Department of Community Affairs
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Proposals For 380.06(15) amd (26). F.S. (JDV Box 70)
General Note: Box 24, Folder 4 ( Water Supply Issues - Linking Water Supply Planning and Land Use Planning ), Item 8
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004645
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text
12708007 P.01


12/06/1993 04:29
--,


Jake Varn

Working Copy


FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
2740 Cenlerview Drive, Tallahassee, Florida 32399-2100

Linda Loomis Shelley, Secretary


DCA Second Floor FAX
Facsimile Co er Number (904) 488-3309, Suncom 278-3309 ,

TO. L (cLA., c &s\A> ,


Telecopy telephone Number _

Date L- k\*


FROM: LAt^ C.A __


Office Telephone Number: (On4) 488-4925


Cover heel A. + -= -- Total Pages


SPECIAL INSTRUCTIONS:
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Revised 7/27/93


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12/06/1993 04:30 12708007 P.02




FLORI DEPARTMENT OF COMMUNITY AFFAIRS
OFFICE Of0 TRH GENERAL COUNSEL
GROWTH MANAGEMENT SECTION
2740 INTERVIEWW DRIVE
TASLLAlSSEE, FLORIDA 32399-2100
(904)4 8-0410 SUNCOM 278-0410 A
FAX ( l4) 922-2679



TO; Subsection 380.06(19), F.S. Workgroup
FROM: Kathy Castor, Assistant General Counsel
DATE: December 3, 1993

SUBJ; Proposals for 380.06(15)(f) and (26), F.S.


Btaides the revision of 380.06(19), F.S., our committee
discussions often focused on nouveau DRI problems including
multiple owners of DRIs and old DRIs where little or no development
has occurred. Two proposals to address these problems are set out
below.

Most committee members seemed to feel that there needs to be
a cleat statement in 380.06, F.S. that DRI development orders "run
with the land" or some other statement that puts subsequent owners
of a DII or a portion of a DRI on notice that they are subject to
the development order's terms and conditions when they purchase
certain* property governed by a DRI development order.

Subsection 380.06(15)(f), F.S. is amended to read:

NOtice of the adoption of a development order n aWa
subsequent msedief-tien of amendments to an adopted development
order hall be recorded by the developer, in accordance with s.
28.222; with the clerk of the circuit court for each county in
which he development is located. The notice shall include a legal
description of the property covered by the order and shall state
which 4nit of local government adopted the development order, the
date of adoption, the date of adoption of any modifications to the
development order, the location where the adopted development order
with afi modifications may be examined, and that the development
order institutes a land development regulations applicable to the
property, which runs with the land until the development orders
abandoned in accordance with s. 380,06 (26). The recording of this
notice shall not constitute a lien, cloud, or encumbrance on real
property, or actual or constructive notice of any such lien, cloud,
or encbrance. This paragraph applies only to developments
initia2Ly approved under this section after July 1, 1980.



















0'd IUi01





The intent of the following revision is to provide local
governments with the authority to initiate a DRI abandonment. Some
DRIs are inactive and have been inactive since their original
approval. The owner or developer of one of these DRI dinosaUrs has
the right to object early on to the local government's proposal
(which would probably stop the abandonment dead in its tra-cs) and
the right to appeal any abandonment order pursuant to 380.01, F.8.

Subsection 380.06(26), F.S. is amended to read:

There is hereby established a process to abandon a deve .pmnn
of regional impact and its development orders. A develop nt of
reignal inmact and its development orders na be %M prop to s
abandoned by the owner, developer, or the local government r whic
the development of regional impact is located.
F- %ie- -he later the" July l j l9?0! to 006shlish the ycoo".B
frie leeal goVe nment to fellow in the eenta
Ito aandon its dcevlcpment -of. l regional i--. The tta land
planning agency is authorized to promulgate SOeh rules whic shall
include, but not be limited to, provisions to ensure tllkt the
developer satisfies all applicable conditions of the development
order and adequately mitigates for the impacts of the development.
If there is no existing development within the development of
regional impact at the time of abandonment and no development
within the development of regional impact is proposed by tho owner
or developer after such abandonment, an abandonment order sh1ll not
require the owner or developer to contribute any land, funds, or
public facilities as a condition of such abandonment ordet. The
rules shall also provide a procedure for filing notice 0f the
abandonment pursuant to s. 28.222 with the clerk of the circuit
court for each county in which the develomntof regional iMet
lan. ai..v..rc.d by .: tome of the --pmAt orer -- is locate Any
decision by a local government concerning the abandonment of a
development of regional impact shall be subject to an appeal
pursuant to s. 380.07. The issues in any such appeal sl ll be
confined to whether the provisions of this subsection or any rules
promulgated thereunder have been satisfied.




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