Group Title: Chapter 380 - Land and Water Management - Part I Environmental Land and Water Management (ss.380.012-380.12) Part II Coastal Planning and Management (ss. 380.19-380.33) Part III Florida Communities Trust (ss.380.501-380.515)
Title: Chapter 380 - Land and Water Management - Part I Environmental Land and Water Management (ss.380.012-380.12) Part II Coastal Planning and Management (ss. 380.19-380.33) Part III Florida Communities Trust (ss.380.501-380.515)
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Permanent Link: http://ufdc.ufl.edu/WL00004683/00001
 Material Information
Title: Chapter 380 - Land and Water Management - Part I Environmental Land and Water Management (ss.380.012-380.12) Part II Coastal Planning and Management (ss. 380.19-380.33) Part III Florida Communities Trust (ss.380.501-380.515)
Physical Description: Book
Language: English
Publisher: Land and Water Management Ch. 380, F.S. 1991
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Chapter 380 - Land and Water Management - Part I Environmental Land and Water Management (ss.380.012-380.12) Part II Coastal Planning and Management (ss. 380.19-380.33) Part III Florida Communities Trust (ss.380.501-380.515) (JDV Box 76)
General Note: Box 27, Folder 1 ( East Central and Central Florida Regional Planning Council - December 1995 (Draft) - 1995-1997 ), Item 5
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004683
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


-.'. %OU


PART I

ENVIRONMENTAL LAND AND
WATER MANAGEMENT


380.012 Short title.
380.021 Purpose.
380.031 Definitions.
380.032 State land planning agency; powers and
duties.
380.04 Definition of development.
380.045 Resource planning and management com-
mittees; objectives; procedures.
380.05 Areas of critical state concern.
380.051 Coordinated agency review; Florida Keys
area.
380.055 Big Cypress Area.
380.0551 Green Swamp Area; designation as area of
critical state concern.
380.0552 Florida Keys Area; protection and designa-
tion as area of critical state concern.
380.0555 Apalachicola Bay Area; protection and des-
ignation as area of critical state concern.
380.0558 Florida Area of Critical State Concern Resto-
ration Trust Fund.
380.06 Developments of regional impact.
380.061 The Florida Quality Developments program.
380.065 Certification of local government review of
development.
380.0651 Statewide guidelines and standards.
380.0661 Legislative intent.
380.0662 Definitions.
380.0663 Land authority; creation, membership,
expenses.
380.0664 Quorum; voting; meetings.
380.0665 Executive director; agents and employees.
380.0666 Powers of land authority.
380.0667 Advisory committee; acquisitions.
380.0668 Bonds; purpose, terms, approval, limitations.
380.0669 State and local government liability on
bonds.
380.0671 Annual report.
380.0672 Conflicts of interest.
380.0673 Exemption from taxes and eligibility as
investment.
380.0674 Corporate existence.
380.0675 Inconsistent provisions of other laws super-
seded.
380.0685 State park in area of critical state concern in
county which creates land authority; sur-
charge on admission and overnight occu-
pancy.


1186


CHAPTER 380

LAND AND WATER MANAGEMENT

PART I ENVIRONMENTAL LAND AND WATER MANAGEMENT (ss. 380.012-380.12)

PART II COASTAL PLANNING AND MANAGEMENT (ss. 380.19-380.33)

PART III FLORIDA COMMUNITIES TRUST (ss. 380.501-380.515)


F.S. 1991


LAND AND WATER MANAGEMENT


380.07 Florida Land and Water Adjudicatory Com-
mission.
380.08 Protection of landowners' rights.
380.085 Judicial review relating to permits and
licenses.
380.11 Enforcement; procedures; remedies.
380.12 Rights unaffected by ch. 75-22.

380.012 Short title.-'Sections 380.012-380.10
shall be known and may be cited as "The Florida Environ-
mental Land and Water Management Act of 1972."
History.-s. 1, ch. 72-317.
'Note.-Section 380.09 was repealed by s. 124, ch. 77-104; s. 380.10 was
repealed by s. 4, ch. 80-313.

380.021 Purpose.-It is the legislative intent that, in
order to protect the natural resources and environment
of this state as provided in s. 7, Art. II of the State Consti-
tution, ensure a water management system that will
reverse the deterioration of water quality and provide
optimum utilization of our limited water resources, facili-
tate orderly and well-planned development, and protect
the health, welfare, safety, and quality of life of the resi-
dents of this state, it is necessary adequately to plan for
and guide growth and development within this state. In
order to accomplish these purposes, it is necessary that
the state establish land and water management policies
to guide and coordinate local decisions relating to
growth and development; 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
development; and that all the existing rights of private
property be preserved in accord with the constitutions
of this state and of the United States.
History.-s. 2, ch. 72-317.

380.031 Definitions.-As used in this chapter:
(1) "Administration commission" or "commission"
means the Governor and the Cabinet; and for purposes
of this chapter the commission shall act on a simple
majority.
(2) "Developer" means any person, including a gov-
ernmental agency, undertaking any development as
defined in this chapter.
(3) "Development order" means any order granting,
denying, or granting with conditions an application for a
development permit.
(4) "Development permit" includes any building per-
mit, zoning permit, plat approval, or rezoning, certifica-
tion, variance, or other action having the effect of permit-
ting development as defined in this chapter.






F.S. 1991'


(5) '"3wntown development authority" means a
local governmental agency established under part III of
chapter 163 or created with similar powers and responsi-
bilities by special act for the purpose of planning, coordi-
Snating, and assisting in the implementation, revitaliza-
tion, and redevelopment of a specific downtown area of
a city.
(6) "Governmental agency" means:
(a) The United States or any department, commis-
sion, agency, or other instrumentality thereof;
(b) This state or any department, commission,
agency, or other instrumentality thereof;
(c) Any local government, as defined in this chapter,
or any department, commission, agency, or other instru-
mentality thereof;
(d) Any school board or other special district, author-
ity, or other governmental entity.
(7) "Land" means the earth, water, and air above,
below, or on the surface, and includes any improve-
ments or structures customarily regarded as land.
(8) "Land development regulations" include local
zoning, subdivision, building, and other regulations con-
trolling the development of land.
(9) "Land use" means the development that has
occurred on land.
(10) "Local comprehensive plan" means any or all
local comprehensive plans or elements or portions
thereof prepared, adopted, or amended pursuant to the
Local Government Comprehensive Planning and Land
Development Regulation Act, as amended.
(11) "Local government" means any county or munici-
pality and, where relevant, any joint airport zoning
board.
(12) "Major public facility" means any publicly owned
facility of more than local significance.
(13) "Parcel of land" means any quantity of land capa-
("'ble of being described with such definiteness that its
location and boundaries may be established, which is
designated by its owner or developer as land to be used
or developed as a unit or which has been used or devel-
oped as a unit.
(14) "Person" means an individual, corporation, gov-
ernmental agency, business trust, estate, trust, partner-
ship, association, two or more persons having a joint or
common interest, or any other legal entity.
(15) "Regional planning agency" means the agency
designated by the state land planning agency to exer-
cise responsibilities under this chapter in a particular
region of the state.
(16) "Rule" means a rule adopted under chapter 120.
(17) "State land development plan" means a compre-
hensive statewide plan or any portion thereof setting
forth state land development policies.
(18) "State land planning agency" means the Depart-
ment of Community Affairs and may be referred to in this
part as the "department."
(19) "Structure" means anything constructed,
installed, or portable, the use of which requires a loca-
tion on a parcel of land. It includes a movable structure
while it is located on land which can be used for housing,
business, commercial, agricultural, or office purposes
either temporarily or permanently. "Structure" also
includes fences, billboards, swimming pools, poles,


pipelines, transmission lines, tracks, and advertising
signs.
(20) "Resource planning and management commit-
tee" or "committee" means a committee appointed pur-
suant to s. 380.045.
History.-s. 3, ch. 72-317; s. 1, ch. 79-73; s. 1, ch. 80-313; s. 1, ch. 83-308; s.
41, ch. 85-55.

380.032 State land planning agency; powers and
duties.-The state land planning agency shall have the
power and the duty to:
(1) Exercise general supervision of the administra-
tion and enforcement of this act and all rules and regula-
tions promulgated hereunder.
(2)(a) Adopt or modify rules to carry out the intent
and purposes of this act. Such rules shall be consistent
with the provisions of this act.
(b) Within 20 days following adoption, any substan-
tially affected party may initiate review of any rule
adopted by the state land planning agency interpreting
the guidelines and standards by filing a request for
review with the Administration Commission and serving
a copy on the state land planning agency. Filing a
request for review shall stay the effectiveness of the rule
pending a decision by the Administration Commission.
Within 45 days following receipt of a request for review,
the commission shall either reject the rule or approve the
rule, with or without modification.
(3) Enter into agreements with any landowner,
developer, or governmental agency as may be neces-
sary to effectuate the provisions and purposes of this
act or any rules promulgated hereunder.
History.-s. 1, ch. 77-215; s. 2, ch. 80-313; s. 42, ch. 85-55.

380.04 Definition of development.-
(1) The term "development" means the carrying out
of any building activity or mining operation, the making
of any material change in the use or appearance of any
structure or land, or the dividing of land into three or
more parcels.
(2) The following activities or uses shall be taken for
the purposes of this chapter to involve "development,"
as defined in this section:
(a) A reconstruction, alteration of the size, or mate-
rial change in the external appearance of a structure on
land.
(b) A change in the intensity of use of land, such as
an increase in the number of dwelling units in a structure
or on land or a material increase in the number of busi-
nesses, manufacturing establishments, offices, or dwell-
ing units in a structure or on land.
(c) Alteration of a shore or bank of a seacoast, river,
stream, lake, pond, or canal, including any "coastal con-
struction" as defined in s. 161.021.
(d) Commencement of drilling, except to obtain soil
samples, mining, or excavation on a parcel of land.
(e) Demolition of a structure.
(f) Clearing of land as an adjunct of construction.
(g) Deposit of refuse, solid or liquid waste, or fill on
a parcel of land.
(3) The following operations or uses shall not be
taken for the purpose of this chapter to involve "develop-
ment" as defined in this section:


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,, niIu AIu wAI H MANAGEMENT


(a) Work by a highway or road agency or railroad
company for the maintenance or improvement of a road
or railroad track, if the work is carried out on land within
the boundaries of the right-of-way.
(b) Work by any utility and other persons engaged
in the distribution or transmission of gas or water, for the
purpose of inspecting, repairing, renewing, or construct-
ing on established rights-of-way any sewers, mains,
pipes, cables, utility tunnels, powerlines, towers, poles,
tracks, or the like.
(c) Work for the maintenance, renewal, improve-
ment, or alteration of any structure, if the work affects
only the interior or the color of the structure or the deco-
ration of the exterior of the structure.
(d) The use of any structure or land devoted to
dwelling uses for any purpose customarily incidental to
enjoyment of the dwelling.
(e) The use of any land for the purpose of growing
plants, crops, trees, and other agricultural or forestry
products; raising livestock; or for other agricultural pur-
poses.
(f) A change in use of land or structure from a use
within a class specified in an ordinance or rule to another
use in the same class.
(g) A change in the ownership or form of ownership
of any parcel or structure.
(h) The creation or termination of rights of access,
riparian rights, easements, covenants concerning devel-
opment of land, or other rights in land.
(4) "Development," as designated in an ordinance,
rule, or development permit includes all other develop-
ment customarily associated with it unless otherwise
specified. When appropriate to the context, "develop-
ment" refers to the act of developing or to the result of
development. Reference to any specific operation is not
intended to mean that the operation or activity, when
part of other operations or activities, is not development.
Reference to particular operations is not intended to limit
the generality of subsection (1).
History.-s. 4. ch. 72-317; s. 2, ch. 83-308.

380.045 Resource planning and management com-
mittees; objectives; procedures.-
(1) Prior to recommending an area as an area of criti-
cal state concern pursuant to s. 380.05, the Governor,
acting as the chief planning officer of the state, shall
appoint a resource planning and management commit-
tee for the area under study by the state land planning
agency. The objective of the committee shall be to orga-
nize a voluntary, cooperative resource planning and
management program to resolve existing, and prevent
future, problems which may endanger those resources,
facilities, and areas described in s. 380.05(2) within the
area under study by the state land planning agency.
(2) The committee shall include, but shall not be lim-
ited to, representation from each of the following:
elected officials from the local governments within the
area under study; the planning office of each of the local
governments within the area under study; the state land
planning agency; any other state agency under chapter
20 a representative of which the Governor feels is rele-
vant to the compilation of the committee; and a water
management district, if appropriate, and regional plan-


ning council all or part of whose jurisdiction lies within
the area under study. After the appointment of the mem-
bers, the Governor shall select a chairman and vice
chairman. A staff member of the state land planning
agency shall be appointed by the director of such
agency to serve as the secretary of the committee. The
state land planning agency shall, to the greatest extent
possible, provide technical assistance and administra-
tive support to the committee. Meetings will be called as
needed by the chairman or on the demand of three or
more members of the committee. The committee will act
on a simple majority of a quorum present and shall make
a report within 6 months to the head of the state land
planning agency. The committee shall, from the time of
appointment, remain in existence for no less than 6
months.
(3) Not later than 12 months after its appointment by
the Governor, the committee shall either adopt a pro-
posed voluntary resource planning and management
program for the area under study or recommend that a
voluntary resource planning and management program
not be adopted. The proposed voluntary resource plan-
ning and management program shall contain the com-
mittee findings with respect to problems that endanger
those resources, facilities, and areas described in s.
380.05(2) and shall contain detailed recommendations
for state, regional, and local governmental actions nec-
essary to resolve current and prevent future problems
identified by the committee. A major objective of the pro-
posed voluntary resource planning and management
program shall be the effective coordination of state,
regional, and local planning; program implementation;
and regulatory activities for comprehensive resource
management. The committee shall submit the proposed
voluntary resource planning and management program
to the head of the state land planning agency, who shall
transmit the program along with the recommendations
of the agency for monitoring and enforcing the program,
as well as any other recommendations deemed appro-
priate, to the Administration Commission.
(4) The Administration Commission shall by resolu-
tion approve, approve as modified, or reject the pro-
posed voluntary resource planning and management
program and state land planning agency recommenda-
tions; and the Administration Commission shall request
each state or regional agency that is responsible for
implementing a portion of an approved program to con-
duct its programs and regulatory activities in a manner
consistent with the approved program. Each state and
regional agency involved in implementing the program
shall cooperate to the maximum extent possible in
ensuring that the program is given full effect.
(5) The state land planning agency shall report to
the Administration Commission within 12 months of the
approval of the program by the commission concerning
the implementation and the effects of the approved vol-
untary resource planning and management program.
The report shall include, but shall not be limited to:
(a) An assessment of state agency compliance with
the program, including the degree to which the program
recommendations have been integrated into agency
planning, program implementation, regulatory activities,
and rules;


1188


F.S. 1991


f
',








I. L AN WATE MAEh3


(b) An 3sessment of the compliance by each
affected local government with the program;
(c) An evaluation of state, regional, and local moni-
toring and enforcement activities and recommendations
ef r improving such activities; and
r (d) A recommendation as to whether or not all or any
portion of the study area should be designated an area
of critical state concern pursuant to s. 380.05.
The state land planning agency may make such other
reports to the commission as it deems necessary,
including recommending that all or any portion of the
study area be designated an area of critical state con-
cern because of special circumstances in the study area
or in the implementation of the approved voluntary
resource planning and management program.
History.-s. 2, ch. 79-73; s. 1, ch. 84-281.

380.05 Areas of critical state concern.-
(1)(a) The state land planning agency may from time
to time recommend to the Administration Commission
specific areas of critical state concern. In its recommen-
dation, the agency shall include recommendations with
respect to the purchase of lands situated within the
boundaries of the proposed area as environmentally
endangered lands and outdoor recreation lands under
the Land Conservation Act of 1972. The agency also
shall include any report or recommendation of a
resource planning and management committee
appointed pursuant to s. 380.045; the dangers that
would result from uncontrolled or inadequate develop-
ment of the area and the advantages that would be
achieved from the development of the area in a coordi-
nated manner; a detailed boundary description of the
proposed area; specific principles for guiding develop-
ment within the area; and an inventory of lands owned
the state, federal, county, and municipal govern-
nts within the proposed area.
(b) Within 45 days following receipt of a recommen-
dation from the agency, the commission shall either
reject the recommendation as tendered or adopt the
recommendation with or without modification and by
rule designate the area of critical state concern and the
principles for guiding the development of the area. The
rule shall require state and regional agencies to coordi-
nate their plans and to conduct their programs and regu-
latory activities consistent with the adopted principles
for guiding development, within the scope of statutory
authority granted to the state land planning agency by
the Legislature. The rule shall become effective 20 days
after being filed with the Secretary of State, except that
an emergency rule adopted by the commission and des-
ignating an area of critical state concern shall become
effective immediately on being filed. Any rule adopted
pursuant to this paragraph shall be presented to the
Legislature for review pursuant to paragraph (c). An eco-
nomic impact statement prepared pursuant to s.
120.54(2)(a) shall not be a ground for a challenge of the
rule; however, a landowner shall not be precluded from
using adverse economic results as grounds for chal-
lenge. Such principles for guiding development shall
apply to any development undertaken subsequent to
the legislative review pursuant to paragraph (c) of the


designation of the area of critical state concern with or
without modification but prior to the adoption of land
development rules and regulations or a local compre-
hensive plan for the critical area pursuant to subsections
(6) and (8). No boundaries or principles for guiding
development shall be adopted without a specific finding
by the commission that the boundaries or principles are
consistent with the protection of the resources or area
sought to be protected. The commission is not author-
ized to adopt any rule that would provide for a morato-
rium on development in any area of critical state con-
cern.
(c) A rule adopted by the commission pursuant to
paragraph (b) designating an area of critical state con-
cern and principles for guiding development shall be
submitted to the President of the Senate and the
Speaker of the House of Representatives for review no
later than 30 days prior to the next regular session of the
Legislature. The Legislature may reject, modify, or take
no action relative to the adopted rule. In its deliberations,
the Legislature may consider, among other factors,
whether a resource planning and management commit-
tee has established a program pursuant to s. 380.045.
In addition to any other data and information required
pursuant to this chapter, each rule presented to the Leg-
islature shall include a detailed legal description of the
boundary of the area of critical state concern, proposed
principles for guiding development, and a detailed state-
ment of how the area meets the criteria for designation
as provided in subsection (2).
(d) If, after the repeal of the boundary designation of
an area of critical state concern pursuant to subsection
(15), the state land planning agency determines that the
administration of the local land development regulations
or a local comprehensive plan within a formerly desig-
nated area is inadequate to protect the former area of
critical state concern, then the state land planning
agency may recommend to the commission that the
area be redesignated as an area of critical state concern.
Within 45 days following the receipt of the recommenda-
tion from the agency, the commission shall either reject
the recommendation as tendered or adopt the same
with or without modification. The commission may, by
rule, make such redesignation effective immediately, at
which time the boundaries, regulations, and plans in
effect at the time the previous designation was repealed
shall be reinstated. Within 90 days of such redesigna-
tion, the commission shall begin rulemaking procedures
to designate the area an area of critical state concern
under paragraph (b).
(2) An area of critical state concern may be desig-
nated only for:
(a) An area containing, or having a significant
impact upon, environmental or natural resources of
regional or statewide importance, including, but not lim-
ited to, state or federal parks, forests, wildlife refuges,
wilderness areas, aquatic preserves, major rivers and
estuaries, state environmentally endangered lands, Out-
standing Florida Waters, and aquifer recharge areas, the
uncontrolled private or public development of which
would cause substantial deterioration of such resources.
Specific criteria which shall be considered in designat-
ing an area under this paragraph include:


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LANU AND WATER MANAGEMENT


1. Whether the economic value of the area, as
determined by the type, variety, distribution, relative
scarcity, and condition of the environmental or natural
resources within the area, is of substantial regional or
statewide importance.
2. Whether the ecological value of the area, as
determined by the physical and biological components
of the environmental system, is of substantial regional
or statewide importance.
3. Whether the area is a designated critical habitat
of any state or federally designated threatened or endan-
gered plant or animal species.
4. Whether the area is inherently susceptible to
substantial development due to its geographic location
or. natural aesthetics.
5. Whether any existing or planned substantial
development within the area will directly, significantly,
and deleteriously affect any or all of the environmental
or natural resources of the area which are of regional or
statewide importance.
(b) An area containing, or having a significant
impact upon, historical or archaeological resources,
sites, or statutorily defined historical or archaeological
districts, the private or public development of which
would cause substantial deterioration or complete loss
of such resources, sites, or districts. Specific criteria
which shall be considered in designating an area under
this paragraph include:
1. Whether the area is associated with events that
have made a significant contribution to the history of the
state or region.
2. Whether the area is associated with the lives of
persons who are significant to the history of the state or
region.
3. Whether the area contains any structure that
embodies the distinctive characteristics of a type,
period, or method of construction, that represents the
work of a master, that possesses high artistic values, or
that represents a significant and distinguishable entity
the components of which may lack individual distinction
and which are of regional or statewide importance.
4. Whether the area has yielded, or will likely yield,
information important to the prehistory or history of the
state or region.
(c) An area having a significant impact upon, or
being significantly impacted by, an existing or proposed
major public facility or other area of major public invest-
ment including, but not limited to, highways, ports, air-
ports, energy facilities, and water management projects.
(3) Each regional planning agency may recommend
to the state land planning agency from time to time
areas wholly or partially within its jurisdiction that meet
the criteria for areas of critical state concern as defined
in this section. Each regional planning agency shall
solicit from the local governments within its jurisdiction
suggestions as to areas to be recommended. A local
government in an area where there is no regional plan-
ning agency may recommend to the state land planning
agency from time to time areas wholly or partially within
its jurisdiction that meet the criteria for areas of critical
state concern as defined in this section. If the state land
planning agency does not recommend to the commis-
sion as an area of critical state concern an area substan-


tially similar to one that has been recommended, it shall
respond in writing as to its reasons therefore.
(4) Prior to submitting any recommendation to the
commission under subsection (1), the state land plan-
ning agency shall give notice to any committee
appointed pursuant to s. 380.045 and to all local govern-
ments and regional planning agencies that include
within their boundaries any part of any area of critical
state concern proposed to be designated by the rule, in
addition to any notice otherwise required under chapter
120.
(5) After the commission adopts a rule designating
the boundaries of, and principles for guiding develop-
ment in, an area of critical state concern and within 180
days of such adoption, the local government having
jurisdiction may submit to the state land planning
agency its existing land development regulations and
local comprehensive plan for the area, if any, or shall pre-
pare, adopt, and submit the new or modified regulations
and plan, the local government taking into consideration
the principles set forth in the rule designating the area.
(6) If the state land planning agency finds that the
land development regulations and local comprehensive
plan submitted by a local government comply with the
principles for guiding the development of the area speci-
fied under the rule designating the area, the state land
planning agency shall by rule approve the land develop-
ment regulations and plan. Such approval shall be no
later than 60 days after submission of the land develop-
ment regulations and plan by the local government. No
proposed land development regulation or local compre-
hensive plan within an area of critical state concern
becomes effective under this subsection until the state
land planning agency rule approving it becomes effec-
tive.
(7) The state land planning agency and any applica-
ble regional planning agency shall, to the greatest
extent possible, provide technical assistance to local
governments in the preparation of the land development
regulations and local comprehensive plan for areas of
critical state concern.
(8) If any local government fails to submit land devel-
opment regulations or a local comprehensive plan within
180 days after the commission adopts a rule designating
an area of critical state concern, or if the regulations or
plan submitted do not comply with the principles for
guiding development set out in the rule designating the
area of critical state concern, in either case, within 120
days, the state land planning agency shall submit to the
commission recommended land development regula-
tions and a local comprehensive plan or portions thereof
applicable to that local government's portion of the area
of critical state concern. Within 45 days following receipt
of the recommendation from the agency, the commis-
sion shall either reject the recommendation as tendered
or adopt the recommendation with or without modifica-
tion, and by rule establish land development regulations
and a local comprehensive plan applicable to that local
government's portion of the area of critical state con-
cern. However, such rule shall not become effective
prior to legislative review of an area of critical state con-
cern pursuant to paragraph (1)(c). In the rule, the com-
mission shall specify the extent to which its land devel-


1190


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F.S. 1991







Lh 3RQ


opment regulations and plans will supersede, or will be
supplementary to, local land development regulations
and plans. Notice of any proposed rule issued under this
section shall be given to all local governments and
regional planning agencies in the area of critical state
concern, in addition to any other notice required under
chapter 120. The land development regulations and
local comprehensive plan adopted by the commission
under this section may include any type of regulation
and plan that could have been adopted by the local gov-
ernment. Any land development regulations or local
comprehensive plan adopted by the commission under
this section shall be administered by the local govern-
ment as part of, or in the absence of, the local land
development regulations and local comprehensive plan.
(9) If, within 12 months after the commission adopts
a rule designating an area of critical state concern, land
development regulations or local comprehensive plans
for the area have not become effective under either sub-
section (6) or subsection (8), the designation of the area
as an area of critical state concern terminates. No part
of such area may be recommended for redesignation
until at least 12 months after the date the designation
terminates pursuant to this subsection. The running of
the 12-month period subsequent to the initial designa-
tion shall be tolled upon challenge pursuant to the provi-
sions of chapter 120 to either the designation of the area
of critical state concern or the adoption of land develop-
ment regulations and local comprehensive plans under
subsection (6) or subsection (8).
(10) At any time after the adoption of land develop-
ment regulations and plans by the commission under
this section, a local government may propose land
development regulations or a local comprehensive plan
which, if approved by the state land planning agency as
provided in subsection (6), will supersede any regula-
-tions or plans adopted under subsection (8).
(11) Land development regulations or a local compre-
hensive plan submitted by a local government in an area
of critical state concern and approved pursuant to sub-
section (6) may be amended or rescinded by the local
government, but the amendment or rescission becomes
effective only upon approval thereof by the state land
planning agency. The state land planning agency shall
either approve or reject the requested changes within
60 days of receipt thereof. Land development regula-
tions or local comprehensive plans for an area of critical
state concern adopted by the commission under sub-
section (8) may be amended or rescinded by rule by the
commission in the same manner as for original adoption.
(12) Upon the request of a substantially interested
person pursuant to s. 120.54(5), a local government or
regional planning agency within the designated area, or
the state land planning agency, the commission may by
rule remove, contract, or expand any designated bound-
ary. Boundary expansions are subject to legislative
review pursuant to paragraph (1)(c). No boundary may
be modified without a specific finding by the commis-
sion that such changes are consistent with necessary
resource protection. The total boundaries of an entire
area of critical state concern shall not be removed by the
commission unless a minimum time of 1 year has
elapsed from the adoption of regulations and a local


comprehensive plan pursuant to subsection (1), subsec-
tion (6), subsection (8), or subsection (10). Before totally
removing such boundaries, the commission shall make
findings that the regulations and plans adopted pursu-
ant to subsection (1), subsection (6), subsection (8), or
subsection (10) are being effectively implemented by
local governments within the area of critical state con-
cern to protect the area and that adopted local govern-
ment comprehensive plans within the area have been
conformed to principles for guiding development for the
area.
(13) If the state land planning agency determines that
the administration of the local land development regula-
tions or local comprehensive plans within the area is
inadequate to protect the state or regional interest prior
to the repeal of the critical state concern designation
pursuant to subsection (15), the state land planning
agency may institute appropriate judicial proceedings,
as provided in s. 380.11, to compel proper enforcement
of the land development regulations or plans.
(14) Any local government which lies either wholly or
partially within an area of critical state concern and
which has previously adopted a local government com-
prehensive plan pursuant to chapter 163 shall conform
such plan to the principles for guiding development for
the area of critical state concern. No later than January
1, 1984, or any other time as agreed upon in writing by
the state land planning agency and the governing body
of the local government, these plans shall be submitted
to the state land planning agency for review and action
as provided in subsection (6) or subsection (8).
(15) Any rule adopted pursuant to this section desig-
nating the boundaries of an area of critical state concern
and the principles for guiding development therein shall
be repealed by the commission no earlier than 12
months and no later than 3 years after approval by the
state land planning agency or adoption by the commis-
sion of all land development regulations and local com-
prehensive plans pursuant to subsection (6), subsection
(8), or subsection (10). Any repeal pursuant to this sub-
section may be limited to any portion of the area of criti-
cal state concern. Such repeal shall be contingent upon
approval by the state land planning agency of local land
development regulations and plans pursuant to subsec-
tion (6) or subsection (10) and upon such regulations
and plans being effective for a period of 12 months.
(16) No person shall undertake any development
within any area of critical state concern except in
accordance with this chapter.
(17) If an area of critical state concern has been des-
ignated under subsection (1) and if land development
regulations for the area of critical state concern have not
yet become effective under subsection (6) or subsection
(8), a local government may grant development permits
in accordance with such land development regulations
as were in effect immediately prior to the designation of
the area as an area of critical state concern.
(18) Neither the designation of an area of critical state
concern nor the adoption of any regulations for such an
area shall in any way limit or modify the rights of any per-
son to complete any development that has been author-
ized by registration of a subdivision pursuant to chapter
498 or former chapter 478, by recordation pursuant to


F.S. 1991


LAND AND WATER MANAGEMENT


Ch RRn







Ch. 380LADADWTRMNGMNFS.19


local subdivision plat law, or by a building permit or other
authorization to commence development on which there
has been reliance and a change of position, and which
registration or recordation was accomplished, or which
permit or authorization was issued, prior to the approval
under subsection (6), or the adoption under subsection
(8), of land development regulations for the area of criti-
cal state concern. If a developer has by his actions in reli-
ance on prior regulations obtained vested or other legal
rights that in law would have prevented a local govern-
ment from changing those regulations in a way adverse
to his interests, nothing in this chapter authorizes any
governmental agency to abridge those rights.
(19) In addition to any other notice required to be
given under the local land development regulations, the
local government shall give notice to the state land plan-
ning agency of any application for a development permit
in any area of critical state concern, except to the extent
that the state land planning agency has in writing waived
its right to such notice in regard to all or certain classes
of such applications. The state land planning agency
may by rule specify additional classes of persons who
shall have the right to receive notices of, and participate
in, hearings under this section.
(20) At no time shall a land area be designated an
area of critical state concern if the effect of such desig-
nation would be to subject more than 5 percent of the
land of the state to supervision under this section;
except that, if any supervision by the state is retained,
the area shall be considered to be included within the
limitations of this subsection. If 5 percent of the lands of
the state are designated as areas of critical state con-
cern pursuant to this section, a redesignation pursuant
to paragraph (1)(d) will not be prohibited by this subsec-
tion.
(21) Within 30 days after the effective date of the des-
ignation of an area of critical state concern pursuant to
paragraph (1)(c) or paragraph (1)(d), the state land plan-
ning agency shall record a legal description of the
boundaries of the area of critical state concern in the
public records of the county or counties in which the
area of critical state concern is located.
History.-s. 5, ch. 72-317; s. 1, ch. 74-326; s. 1, ch. 76-190; s. 4, ch. 79-73; s.
235, ch. 81-259; s. 3. ch. 83-308; s. 2. ch. 84-281.

380.051 Coordinated agency review; Florida Keys
area.-
(1)(a) In order to facilitate the planning and prepara-
tion of permit applications for projects in the Florida
Keys area of critical state concern, and in order to coor-
dinate the information required to issue such permits, a
developer may elect to request coordinated agency
review under this section at the time of application for
a development permit subject to s. 380.05.
(b) "Coordinated agency review" means review of
the proposed location, densities, intensity of use, char-
acter, major design features, and environmental impacts
of a proposed development in the Florida Keys area of
critical state concern required to undergo review under
s. 380.05 for the purposes of considering whether these
aspects of the proposed development comply with the
certifying agency's statutes and rules.


(2)(a) The state land planning agency shall, in coop-
eration with state and regional agencies, develop by rule
a coordinated agency review procedure in the Florida
Keys area of critical state concern by January 1, 1987.
If a developer chooses to seek review under this section,
the developer shall complete a coordinated review appli-
cation and the state land planning agency shall distrib-
ute copies of the application to participating agencies.
Each state and regional agency with jurisdiction over the
project shall certify, within 60 days of receipt of such
application, whether the project is consistent with
agency statutes and rules.
(b) By April 1, 1987, the Department of Environmen-
tal Regulation, the Department of Natural Resources, the
Department of Health and Rehabilitative Services, and
other state and regional agencies that require permits in
the Florida Keys area of critical state concern shall
establish, by rule, a set of procedures necessary for
coordinated agency review created pursuant to this sec-
tion. Such procedures shall be consistent with the pro-
cedures developed pursuant to paragraph (a).
(c) State and regional agencies shall enter into inter-
governmental agreements with local governments in the
Florida Keys area of critical state concern to coordinate
their permit review, including delegation of review
authority to local governments, where applicable, to
ensure that state and regional agency decisions are
reached in coordination with the local government deci-
sion on the local government order.
(3) State and regional agencies shall coordinate with
local governments and, when possible, federal permit-
ting agencies to standardize, to the extent possible,
review procedures, data requirements, and data collec-
tion methodologies among all participating agencies
operating in the Florida Keys area of critical state con-
cern consistent with the requirements of the statutes for
permitting programs for each agency. The state land
planning agency shall, by rule, establish minimum pro-
cedures for this subsection.
History.-s. 5, ch. 86-170.

380.055 Big Cypress Area.-
(1) SHORT TITLE.-This section shall be known and
may be cited as "The Big Cypress Conservation Act of
1973."
(2) LEGISLATIVE INTENT.-It is the intent of the
Legislature to conserve and protect the natural
resources and scenic beauty of the Big Cypress Area of
Florida. It is the finding of the Legislature that the Big
Cypress Area is an area containing and having a signifi-
cant impact upon environmental and natural resources
of regional and statewide importance and that designa-
tion of the area as an area of critical state concern is
desirable and necessary to accomplish the purposes of
"The Florida Environmental Land and Water Manage-
ment Act of 1972" and to implement s. 7, Art. II of the
State Constitution.
(3) DESIGNATION AS AREA OF CRITICAL STATE
CONCERN.-The "Big Cypress Area," as defined in this
subsection, is hereby designated as an area of critical
state concern. "Big Cypress Area" means the area gen-
erally depicted on the map entitled "Boundary Map, Big
Cypress National Freshwater Reserve, Florida," num-


1192


1


F.S. 1991 1


Ch. 380


LAND AND WATER MANAGEMENT






F L D M. 380


bered BC-91,001 and dated November 1971, which is
on file and available for public inspection in the office of
the National Park Service, Department of the Interior,
Washington, D.C., and in the office of the Board of Trust-
es of the Internal Improvement Trust Fund, which is the
r a proposed as the Federal Big Cypress National
ashwater Reserve, Florida, and that area described as
follows: Sections 1, 2, 11, 12 and 13 in Township 49
South, Range 31 East; and Township 49 South, Range
32 East, less Sections 19, 30 and 31; and Township 49
South, Range 33 East; and Township 49 South, Range
34 East; and Sections 1 through 5 and 10 through 14 in
Township 50 South, Range 32 East; and Sections 1
through 18 and 20 through 25 in Township 50 South,
Range 33 East; and Township 50 South, Range 34 East,
less Section 31; and Sections 1 and 2 in Township 51
South, Range 34 East; All in Collier County, Florida,
which described area shall be known as the "Big
Cypress National Preserve Addition, Florida," together
with such contiguous land and water areas as are eco-
logically linked with the Everglades National Park, cer-
tain of the estuarine fisheries of South Florida, or the
freshwater aquifer of South Florida, the definitive bound-
aries of which shall be set in the following manner:
Within 120 days following the effective date of this act,
the state land planning agency shall recommend defini-
tive boundaries for the Big Cypress Area to the Adminis-
tration Commission, after giving notice to all local gov-
ernments and regional planning agencies which include
within their boundaries any part of the area proposed to
be included in the Big Cypress Area and holding such
hearings as the state land planning agency deems
appropriate. Within 45 days following receipt of the rec-
ommended boundaries, the Administration Commission
shall adopt, modify, or reject the recommendation and
shall by rule establish the boundaries of the area defined
,s the Big Cypress Area.
;4) ADOPTION OF LAND DEVELOPMENT REGULA-
iONS.-The provisions of subsections (5)-(11), (17),
and (20) of s. 380.05 shall not apply to the Big Cypress
Area. All other provisions of this chapter shall apply to
the Big Cypress Area. Any provision of this chapter to
the contrary notwithstanding, the state land planning
agency has the right, and its duty shall be, to submit rec-
ommended land development regulations applicable to
the Big Cypress Area to the Administration Commission
concurrent with the boundaries recommended pursuant
to subsection (3). The Administration Commission shall
either reject the recommendation as tendered or adopt
the same by rule with or without modification. The com-
mission shall specify the extent to which regulations
adopted pursuant to this section supersede local land
development regulations.
(5) ACQUISITION OF BIG CYPRESS NATIONAL
PRESERVE.-
(a) It is the intent of the Legislature to provide the
means to accomplish an agreement between the State
of Florida and the Government of the United States,
whereby the state will contribute toward the cost of a
program of acquisition of land and water areas and
related rights and interests within the area proposed as
the Federal Big Cypress National Preserve, Florida. It is
the intent of the Legislature that the Governor and the


Cabinet begin immediately an acquisition program
within the area proposed as the Federal Big Cypress
National Preserve, Florida, on behalf of the state pending
action by the Government of the United States in the Big
Cypress Area.
(b) The Governor and Cabinet shall set aside from
the proceeds of the full faith and credit bonds author-
ized by the Land Conservation Act of 1972, or from other
funds authorized, appropriated, or allocated for the
acquisition of environmentally endangered lands, or
from both sources, $40 million for acquisition of the area
proposed as the Federal Big Cypress National Preserve,
Florida, or portions thereof.
(c) The Governor and Cabinet are empowered to
acquire land and water areas within the Federal Big
Cypress National Preserve, Florida, created by Pub. L.
No. 93-440, in order to conserve and protect the natural
resources and scenic beauty therein and to donate and
convey title in land and water areas so acquired or cur-
rently owned by the state to the Government of the
United States or its agency upon the expenditure by the
United States of an amount of federal funds at least
equal to the acquisition cost of the land and water areas
donated by the state. The intent of this condition for the
donation of land and water areas by the state is to
ensure that the investment of federal funds in the acqui-
sition of land and water areas for the Big Cypress
National Preserve will be not less than the investment of
state funds in the land and water areas so donated. In
making such acquisitions, the Governor and Cabinet
shall give priority to those land and water areas within
the area proposed as the Federal Big Cypress National
Preserve, Florida, which are essential to the integrity of
the environment, the destruction of which would cause
irreparable damage to the Everglades National Park, the
estuarine fisheries of South Florida, or the underlying
freshwater aquifer.
(6) FUNCTION OF WATER MANAGEMENT DIS-
TRICT.-It is the finding of the Legislature that the Big
Cypress Area, as a water storage and recharge area, is
an integral part of the water resources of any water man-
agement district of which the Big Cypress Area is or may
be a part. It is the legislative intent that there be close
cooperation and coordination of efforts between the
water management district and the Department of Natu-
ral Resources in carrying out the intent and purposes of
this section. The Governor and Cabinet as head of the
Department of Natural Resources are authorized to dele-
gate to the water management district, or to a board
therein, any power authorized in this section to be exer-
cised by the department, and the district or basin is
authorized to accept the powers delegated to it and
shall have the power and duty to carry out the intent and
purposes of this section to the fullest extent possible
within its capabilities and resources.
(7) EMINENT DOMAIN WITHIN BIG CYPRESS AREA
AND BIG CYPRESS NATIONAL PRESERVE ADDITION.
The Governor and Cabinet as the head of the Depart-
ment of Natural Resources are empowered and author-
ized to acquire by the exercise of the power of eminent
domain any land or water areas and related resources
and property, and any and all rights, title, and interest
in such land or water areas and related resources and


1193


S.F 1991


LAND AND WATER MANAGEMENT


Ch. 380







LAND AND WATER MANAGEMENT


other property, lying within the boundaries of the Big
Cypress Area and Big Cypress National Preserve Addi-
tion. The Legislature finds that the exercise of the power
of eminent domain within the Big Cypress Area and Big
Cypress National Preserve Addition to accomplish the
purposes of this section is necessary and for a public
purpose.
(8) INDIAN RIGHTS.-Notwithstanding any provi-
sion of this section to the contrary, members of the Mic-
cosukee Tribe of Indians of Florida and members of the
Seminole Tribe of Florida may continue their usual and
customary use and occupancy of lands and waters
within the Big Cypress Area, including hunting, fishing,
and trapping on a subsistence basis and traditional
tribal ceremonials. Nothing in this section shall be con-
strued to deny or impair, or authorize the denial or
impairment, of any rights granted by or pursuant to
chapter 285 relative to Indian reservation and affairs, and
the lands of the Seminole Tribe of Florida and of the Mic-
cosukee Tribe of Indians of Florida, as described in s.
285.061(1), shall be excluded from the Big Cypress Area
as defined in this section.
(9) ACQUISITION OF BIG CYPRESS NATIONAL
PRESERVE ADDITION.-
(a) It is the intent of the Legislature to provide the
means to accomplish an agreement between the State
of Florida and the Government of the United States
whereby the state will contribute toward the cost of a
program of acquisition of land and water areas and
related rights and interests within the area proposed as
the Federal Big Cypress National Preserve Addition,
Florida. It is the intent of the Legislature that the Gover-
nor and the Cabinet begin an acquisition program within
the area designated as the Big Cypress National Pre-
serve Addition on behalf of the state pending action by
the Government of the United States in the Big Cypress
Area.
(b) The Governor and Cabinet are empowered to
acquire land and water areas within the Federal Big
Cypress National Preserve Addition, in order to conserve
and protect the natural resources and scenic beauty
therein and to donate and convey title in land and water
areas so acquired or currently owned by the state to the
Government of the United States or its agency upon the
expenditure by the United States of an amount of federal
funds sufficient to pay the remaining 80 percent of the
cost of acquiring such lands. The intent of this condition
for the donation of land and water areas by the state is
to ensure that the investment of federal funds in the
acquisition of land and water areas for the Big Cypress
National Preserve Addition will amount to 80 percent of
the cost thereof and the state's investment shall amount
to 20 percent of such costs in total. In making such
acquisitions, the Governor and Cabinet shall give prior-
ity to those land and water areas within the area pro-
posed as the Federal Big Cypress National Preserve
Addition, Florida, which are essential to the integrity of
the environment, the destruction of which would cause
irreparable damage to the Everglades National Park, the
Big Cypress National Preserve, the estuarine fisheries of
South Florida, or the underlying freshwater aquifer.
(10) ACQUISITION OF BIG CYPRESS NATIONAL
PRESERVE AND ADDITION BY ALTERNATE METHODS.


For purposes of acquisition in the Big Cypress Area and
Big Cypress National Preserve Addition, the acquisition
procedures provided in chapter 337 may be utilized in
lieu of chapter 253 where appropriate. The Governor and
Cabinet, as Trustees of the Internal Improvement Trust
Fund, are authorized to enter into an interagency agree-
ment with the Department of Transportation wherein the
Department of Transportation may acquire lands in the
Big Cypress Area and Big Cypress National Preserve
Addition on behalf of the Governor and Cabinet and be
reimbursed therefore in a share proportionate to the value
of the interest acquired. Such acquired property shall be
titled in the name of the Trustees of the Internal Improve-
ment Trust Fund, except that the Department of Trans-
portation shall retain title to that portion of the property
needed for highway right-of-way.
Histoy.-ss. 1, 2,3. 4,5, ch. 73-131; s. 1, ch. 75-175; s. 4, ch. 78-95; s. 89, ch.
79-164; s. 236, ch. 81-259; s. 1, ch. 85-346; s. 64, ch. 86-186; s. 31, ch. 87-225.

380.0551 Green Swamp Area; designation as area
of critical state concern.-
(1) The Green Swamp Area, the boundaries of which
are described in chapter 22F-5, Florida Administrative
Code, is hereby designated an area of critical state con-
cern effective July 1, 1979. The state land planning
agency, in conjunction with the applicable local govern-
ments, shall review suggested changes to the existing
boundary in the area immediately to the south of the
southern boundary of the City of Clermont in Lake
County and the area along the existing southern bound-
ary around Lake Juliana and the City of Polk City in Polk
County for possible deletion from the area of critical
state concern. The state land planning agency shall
report to, and shall make specific recommendations to,
the commission relative to any proposed deletion by
August 1, 1979. The commission shall take action on the
recommendations of the state planning agency no later
than October 1, 1979. 'Chapters 22F-5, 22F-6, and
22F-7, Florida Administrative Code, are hereby adopted
and incorporated herein by reference. The boundaries
described in 'chapter 22F-5, Florida Administrative
Code, shall be modified pursuant to s. 380.05(12). There
shall be appointed a resource planning and manage-
ment committee as provided in s. 380.045.
(2) The land development regulations contained in
'chapters 22F-6 and 22F-7, Florida Administrative
Code, shall be the land development regulations for the
applicable local government's portion of the area of criti-
cal state concern until either:
(a) An applicable local government complies with
the provisions of s. 380.05(10); or
(b) Such regulations are repealed pursuant to sub-
section (3).
(3) 'Chapters 22F-5, 22F-6, and 22F-7, Florida
Administrative Code, shall be repealed by the commis-
sion no earlier than July 1, 1980, and no later than July
1, 1982. Upon recommendation by the state land plan-
ning agency to the commission, any repeal of such rules
pursuant to this subsection may be effective only for one
local government's portion of the Green Swamp Area.
Such repeal shall be contingent upon approval by the
state land planning agency of local land development
regulations pursuant to s. 380.05(6) or (10), upon such


,n. jou


LAND AND WATER LIANAGEMENT


FS 19Q1





LAND AND WATER MANAGEMENT


regulations,being effective for a period of 12 months,
and upon adoption or modification by the applicable
local government of a local government comprehensive
plan pursuant to s. 380.05(14).
HIstOy.-s. 5, ch. 79-73.
,L'Note.-The provisions of former chapters 22F-5, 22F-6, and 22F-7, have been
insferred to other sections of the Florida Administrative Code.

380.0552 Florida Keys Area; protection and desig-
nation as area of critical state concern.-
(1) SHORT TITLE.-This section may be cited as the
"Florida Keys Area Protection Act."
(2) LEGISLATIVE INTENT.-It is hereby declared
that the intent of the Legislature is:
(a) To establish a land use management system that
protects the natural environment of the Florida Keys.
(b) To establish a land use management system that
conserves and promotes the community character of
the Florida Keys.
(c) To establish a land use management system that
promotes orderly and balanced growth in accordance
with the capacity of available and planned public facili-
ties and services.
(d) To provide for affordable housing in close prox-
imity to places of employment in the Florida Keys.
(e) To establish a land use management system that
promotes and supports a diverse and sound economic
base.
(f) To protect the constitutional rights of property
owners to own, use, and dispose of their real property.
(g) To promote coordination and efficiency among
governmental agencies with permitting jurisdiction over
land use activities in the Florida Keys.
(3) RATIFICATION OF DESIGNATION.-The desig-
nation of the Florida Keys Area as an area of critical state
concern, the boundaries of which are described in
'chapter 27F-8, Florida Administrative Code, as
/-mended effective August 23, 1984, is hereby ratified.
(4) REMOVAL OF DESIGNATION.-The state land
planning agency, following July 15, 1990, shall recom-
mend to the Administration Commission the removal of
the designation specified in subsection (3) if it deter-
mines that all local land development regulations and
local comprehensive plans and the administration of
such regulations and plans are adequate to protect the
Florida Keys Area and continue to carry out the legisla-
tive intent incorporated in subsection (2) and are in com-
pliance with the principles for guiding development
incorporated in subsection (7). If the Administration
Commission concurs with the recommendations of the
state land planning agency to remove the designation,
it shall, within 45 days of receipt of the recommendation,
initiate rulemaking to remove the designation. The state
land planning agency shall thereafter make said deter-
mination annually, until such time as the designation is
removed.
(5) APPLICATION OF THIS CHAPTER.-Section
380.05(1)-(5), (9)-(11), (15), (17), and (21) shall not apply
to the area designated by this section for so long as the
designation remains in effect. Except as otherwise pro-
vided in this section, s. 380.045 shall not apply to the
area designated by this section. All other provisions of
this chapter shall apply, including s. 380.07.


(6) RESOURCE PLANNING AND MANAGEMENT
COMMITTEE.-The Governor, acting as the chief plan-
ning officer of the state, shall appoint a resource plan-
ning and management committee for the Florida Keys
Area with the membership as specified in s. 380.045(2).
Meetings shall be called as needed by the chairman or
on the demand of three or more members of the commit-
tee. The committee shall:
(a) Serve as a liaison between the state and local
governments within Monroe County.
(b) Develop, with local government officials in the
Florida Keys Area, recommendations to the state land
planning agency as to the sufficiency of the Florida Keys
Area's comprehensive plan and land development regu-
lations.
(c) Recommend to the state land planning agency
changes to state and regional plans and regulatory pro-
grams affecting the Florida Keys Area.
(d) Assist units of local government within the Flor-
ida Keys Area in carrying out the planning functions and
other responsibilities required by this section.
(e) Review, at a minimum, all reports and other mate-
rials provided to it by the state land planning agency or
other governmental agencies.
(7) PRINCIPLES FOR GUIDING DEVELOPMENT.-
State, regional, and local agencies and units of govern-
ment in the Florida Keys Area shall coordinate their
plans and conduct their programs and regulatory activi-
ties consistent with the principles for guiding develop-
ment as set forth in 'chapter 27F-8, Florida Administra-
tive Code, as amended effective August 23, 1984, which
chapter is hereby adopted and incorporated herein by
reference. For the purposes of reviewing consistency of
the adopted plan or any amendments to that plan with
the principles for guiding development and any amend-
ments to the principles, the principles shall be con-
strued as a whole and no specific provision shall be con-
strued or applied in isolation from the other provisions.
However, the principles for guiding development as set
forth in 'chapter 27F-8, Florida Administrative Code, as
amended effective August 23, 1984, are repealed 18
months from July 1, 1986. After repeal, the following
shall be the principles with which any plan amendments
must be consistent:
(a) To strengthen local government capabilities for
managing land use and development so that local gov-
ernment is able to achieve these objectives without the
continuation of the area of critical state concern designa-
tion.
(b) To protect shoreline and marine resources,
including mangroves, coral reef formations, seagrass
beds, wetlands, fish and wildlife, and their habitat.
(c) To protect upland resources, tropical biological
communities, freshwater wetlands, native tropical vege-
tation (for example, hardwood hammocks and pine-
lands), dune ridges and beaches, wildlife, and their habi-
tat.
(d) To ensure the maximum well-being of the Florida
Keys and its citizens through sound economic develop-
ment.
(e) To limit the adverse impacts of development on
the quality of water throughout the Florida Keys.


F.S. 1991 ,


Ch. 380






LAND AND WATER MANAGEMENT


(f) To enhance natural scenic resources, promote
the aesthetic benefits of the natural environment, and
ensure that development is compatible with the unique
historic character of the Florida Keys.
(g) To protect the historical heritage of the Florida
Keys.
(h) To protect the value, efficiency, cost-
effectiveness, and amortized life of existing and pro-
posed major public investments, including:
1. The Florida Keys Aqueduct and water supply
facilities;
2. Sewage collection and disposal facilities;
3. Solid waste collection and disposal facilities;
4. Key West Naval Air Station and other military
facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanc-
tuaries;
7. State parks, recreation facilities, aquatic pre-
serves, and other publicly owned properties;
8. City electric service and the Florida Keys Electric
Co-op; and
9. Other utilities, as appropriate.
(i) To limit the adverse impacts of public invest-
ments on the environmental resources of the Florida
Keys.
(j) To make available adequate affordable housing
for all sectors of the population of the Florida Keys.
(k) To provide adequate alternatives for the protec-
tion of public safety and welfare in the event of a natural
or manmade disaster and for a postdisaster reconstruc-
tion plan.
(I) To protect the public health, safety, and welfare
of the citizens of the Florida Keys and maintain the Flor-
ida Keys as a unique Florida resource.
(8) COMPREHENSIVE PLAN ELEMENTS AND
LAND DEVELOPMENT REGULATIONS.-The compre-
hensive plan elements and land development regula-
tions approved pursuant to s. 380.05(6), (8), and (14)
shall be the comprehensive plan elements and land
development regulations for the Florida Keys Area.
(9) MODIFICATION TO PLANS AND REGULATIONS.
Any land development regulation or element of a local
comprehensive plan in the Florida Keys Area may be
enacted, amended, or rescinded by a local government,
but the enactment, amendment, or rescission shall
become effective only upon the approval thereof by the
state land planning agency. The state land planning
agency shall review the proposed change to determine
if it is in compliance with the principles for guiding devel-
opment set forth in 'chapter 27F-8, Florida Administra-
tive Code, as amended effective August 23, 1984, and
shall either approve or reject the requested changes
within 60 days of receipt thereof. Further, the state land
planning agency, after consulting with the appropriate
local government, may, no more often than once a year,
recommend to the Administration Commission the
enactment, amendment, or rescission of a land develop-
ment regulation or element of a local comprehensive
plan. Within 45 days following the receipt of such recom-
mendation by the state land planning agency, the com-
mission shall reject the recommendation, or accept it
with or without modification and adopt it, by rule, includ-


ing any changes. Any such local development regulation
or plan shall be in compliance with the principles for
guiding development.
Histoy.-s. 6, ch. 79-73; s. 4. ch. 86-170; s. 1, ch. 89-342.
'Note.-The provisions of former chapter 27F-8 have been transferred to another
section of the Florida Administrative Code.

380.0555 Apalachicola Bay Area; protection and
designation as area of critical state concern.-
(1) SHORT TITLE.-This act shall be known and
cited as the "Apalachicola Bay Area Protection Act."
(2) LEGISLATIVE INTENT.-It is hereby declared
that the intent of the Legislature is:
(a) To protect the water quality of the Apalachicola
Bay Area to ensure a healthy environment and a thriving
economy for the residents of the area and the state.
(b) To financially assist Franklin County and its
municipalities in upgrading and expanding their sewer-
age systems.
(c) To protect the Apalachicola Bay Area's natural
and economic resources by implementing and enforcing
comprehensive plans and land development regula-
tions.
(d) To assist Franklin County and its municipalities
with technical and advisory assistance in formulating
additional land development regulations and modifica-
tions to comprehensive plans.
(e) To monitor activities within the Apalachicola Bay
Area to ensure the long-term protection of all the area's
resources.
(f) To promote a broad base of economic growth
which is compatible with the protection and conserva-
tion of the natural resources of the Apalachicola Bay
Area.
(g) To educate the residents of the Apalachicola Bay
Area in order to protect and preserve its natural
resources.
(3) DESIGNATION.-Franklin County, as described
in s. 7.19, less all federally owned lands and less all
lands lying east of the line formed by the eastern bound-
ary of State Road 319 running from the Ochlockonee
River to the intersection of State Road 319 and State
Road 98 and thence due south to the Gulf of Mexico, is
hereby designated an area of critical state concern on
June 18, 1985. State road, for the purpose of this sec-
tion, shall be defined as in s. 334.03. For the purposes
of this act, this area shall be known as the Apalachicola
Bay Area.
(4) REMOVAL OF DESIGNATION.-The state land
planning agency, 3 years following June 18, 1985, shall
recommend to the Administration Commission the
removal of the designation specified in subsection (3),
if it determines that all local land development regula-
tions and local comprehensive plans and the administra-
tion of such regulations and plans are adequate to pro-
tect the Apalachicola Bay Area, continue to carry out the
legislative intent set forth in subsection (2), and are in
compliance with the principles for guiding development
set forth in subsection (8). If the Administration Commis-
sion concurs with the recommendations of the state land
planning agency to remove the designation, it shall,
within 45 days of receipt of the recommendation, initiate
rulemaking to remove the designation. The state land
planning agency shall thereafter make the above deter-


F.S. 1991


Ch. 380








Ch. 30


mination annually, until such time as the designation is
removed.
(5) APPLICATION OF CHAPTER 380 PROVISIONS.
Section 380.05(1)-(6), (8)-(12), (15), (17), and (21), shall
opot apply to the area designated by this act for so long
3 the designation remains in effect. Except as other-
wise provided in this act, s. 380.045 shall not apply to
the area designated by this act. All other provisions of
this chapter shall apply, including ss. 380.07 and 380.11,
except that the "local development regulations" in s.
380.05(13) shall include the regulations set forth in sub-
section (9) for purposes of s. 380.05(13), and the plan or
plans submitted pursuant to s. 380.05(14) shall be sub-
mitted no later than February 1, 1986. All or part of the
area designated by this act may be redesignated pursu-
ant to s. 380.05 as if it had been initially designated pur-
suant to that section.
(6) VESTED RIGHTS OF DEVELOPER.--f a devel-
oper has by his actions in reliance on prior regulations
obtained vested or other legal rights including rights
obtained by approval of a development of regional
impact or a substantial deviation thereof pursuant to s.
380.06 that would have prevented a local government
from changing those regulations in a way adverse to his
interests, nothing in this act authorizes any governmen-
tal agency to abridge those rights.
(7) RESOURCE PLANNING AND MANAGEMENT
COMMITTEE.-The Governor, acting as the chief plan-
ning officer of the state, shall appoint a resource plan-
ning and management committee for the Apalachicola
Bay Area, with the membership as specified in s.
380.045(2). Members of the committee shall be
appointed for 2-year terms and may be reappointed.
Meetings will be called as needed by the chairman or on
the demand of three or more members of the committee.
#"'e committee shall continue in existence until 12
jnths after the Administration Commission removes
the designation as an area of critical state concern. The
committee shall:
(a) Develop, with officials of Franklin County and offi-
cials of the other units of government in the Apalachicola
Bay Area, recommendations to the state land planning
agency as to the sufficiency of the Apalachicola Bay
Area's comprehensive plans and land development reg-
ulations.
(b) Recommend to the state land planning agency
changes to state and regional plans and regulatory pro-
grams affecting the Apalachicola Bay Area.
(c) Recommend to the state land planning agency,
not less than 33 months after June 18, 1985, whether the
designation in subsection (3) should continue.
(d) Assist units of local government within the Apa-
lachicola Bay Area in carrying out the planning functions
and other responsibilities required by this act.
(e) Study the economic and environmental advis-
ability of providing sewerage facilities to the residents
of St. George Island and make a recommendation to the
state land planning agency.
(f) Review, at a minimum, all reports and other mate-
rials provided to it by the state land planning agency or
the Department of Environmental Regulation.


(g) Review the study done pursuant to sub-
subparagraph (11)(c)1. and make recommendations for
implementation and funding.
(8) PRINCIPLES FOR GUIDING DEVELOPMENT.-
State, regional, and local agencies and units of govern-
ment in the Apalachicola Bay Area shall coordinate their
plans and conduct their programs and regulatory activi-
ties consistently with the following principles for guiding
the development of the area:
(a) Land development shall be guided so that the
basic functions and productivity of the Apalachicola Bay
Area's natural land and water systems will be conserved
to reduce or avoid health, safety, and economic prob-
lems for present and future residents of the Apalachi-
cola Bay Area.
(b) Land development shall be consistent with a
safe environment, adequate community facilities, a
superior quality of life, and a desire to minimize environ-
mental hazards.
(c) Growth and diversification of the local economy
shall be fostered only if it is consistent with protecting
the natural resources of the Apalachicola Bay Area
through appropriate management of the land and water
systems.
(d) Aquatic habitats and wildlife resources of the
Apalachicola Bay Area shall be conserved and pro-
tected.
(e) Water quantity shall be managed to conserve
and protect the natural resources and the scenic beauty
of the Apalachicola Bay Area.
(f) The quality of water shall be protected, main-
tained, and improved for public water supplies, the prop-
agation of aquatic life, and recreational and other uses
which are consistent with these uses.
(g) No wastes shall be discharged into any waters
of the Apalachicola Bay Area without first being given
the degree of treatment necessary to protect the water
uses as set forth in paragraph (f).
(h) Stormwater discharges shall be managed in
order to minimize their impacts on the bay system and
protect the uses as set forth in paragraph (f).
(i) Coastal dune systems, specifically the area
extending landward from the extreme high-tide line to
the beginning of the pinelands of the Apalachicola Bay
Area, shall be protected.
(j) Public lands shall be managed, enhanced, and
protected so that the public may continue to enjoy the
traditional use of such lands.
(9) COMPREHENSIVE PLAN ELEMENTS AND
LAND DEVELOPMENT REGULATIONS.-
(a) Local governments to administer plan elements
and regulations.-The following comprehensive plan
elements and land development regulations shall be
administered by local governments within their jurisdic-
tion in the Apalachicola Bay Area, as part of their local
comprehensive plan and land development regulations.
If a local government within the Apalachicola Bay Area
has a provision in its local comprehensive plan or its land
development regulations which conflicts with a provision
of this paragraph or has no comparable provision, the
provision of this paragraph shall control.
1. Comprehensive plan.-Chapter 1 of Volume I,
and chapters 4, 5, 7, and 9 of Volume II of the Franklin


FiS. 1991 '


LAND AND WATER MANAGEMENT


Ch 380






LAND AND WATER MANAGEMENT


County Comprehensive Land Use Plan adopted by Ordi-
nance No. 81-4 on June 22, 1981, by the Franklin County
Board of County Commissioners and filed with the Sec-
retary of State on June 30, 1981, are incorporated by ref-
erence and adopted herein.
2. Zoning ordinances.-Ordinance No. 81-5
adopted June 22,1981, by the Franklin County Board of
County Commissioners and filed with the Secretary of
State on June 30, 1981, and the following amendments
are incorporated by reference and adopted herein:
a. Ordinance 82-4, adopted June 18, 1982, and
filed with the Secretary of State on July 28, 1982.
b. Ordinance 83-4, adopted July 19, 1983, and filed
with the Secretary of State on July 25, 1983.
c. Ordinance 83-7, adopted October 4, 1983, and
filed with the Secretary of State on October 6, 1983.
d. Ordinance 84-2, adopted April 24, 1984, and
filed with the Secretary of State on April 27, 1984.
3. Subdivision regulations.-Ordinance No. 74-1
adopted November 15, 1974, by the Franklin County
Board of County Commissioners and filed with the Sec-
retary of State on December 4, 1974, and December 5,
1974, and the following amendment are incorporated by
reference and adopted herein: Ordinance 79-5, filed
with the Secretary of State on May 30, 1979.
4. Flood plain management ordinance.-Ordinance
No. 83-5 adopted on July 7, 1983, by the Franklin
County Board of County Commissioners and filed with
the Secretary of State on July 15, 1983, is incorporated
by reference and adopted herein.
5. Septic tank ordinance.-Ordinance 79-8
adopted on June 22, 1979, by the Franklin County Board
of County Commissioners and filed with the Secretary
of State on June 27, 1979, is incorporated by reference
and adopted herein.
6. Construction; electrical connection.-Ordinance
No. 73-5A adopted July 3, 1973, by the Franklin County
Board of County Commissioners and filed with the Sec-
retary of State on March 6, 1981, is incorporated by refer-
ence and adopted herein.
7. Alligator Point Water Resource District Act.-
Ordinance No. 76-7 adopted on November 16, 1976, by
the Franklin County Board of County Commissioners
and filed with the Secretary of State on March 6, 1981,
is incorporated by reference and adopted herein.
8. Coastal area building codes.-Ordinance No.
84-1 establishing building codes for coastal areas
adopted by the Franklin County Board of County Com-
missioners on February 8, 1984, and filed with the Secre-
tary of State on February 2, 1984, is incorporated by ref-
erence and adopted herein.
9. Standard building code.-Ordinance adopting
the 1976 Standard Building Code, Ordinance No. 83-1,
adopted January 18, 1983, by the Franklin County Board
of County Commissioners and filed with the Secretary
of State January 20, 1983, is incorporated by reference
and adopted herein.
10. Local planning agency.-Ordinance No. 77-6
adopted on June 21, 1977, by the Franklin County Board
of County Commissioners and filed with the Secretary
of State on June 22, 1977, is incorporated by reference
and adopted herein.


11. Coastal high-hazard zones.-Ordinance No.
80-5 adopted on May 29, 1980, by the Franklin County
Board of County Commissioners and filed with the Sec-
retary of State on May 30, 1980, is incorporated by refer-
ence and adopted herein.
(b) Conflicting regulations.-In the event of any
inconsistency between subparagraph (a)1. and sub-
paragraphs (a)2.-11., subparagraph (a)1. shall control.
Further, in the event of any inconsistency between sub-
section (8) and paragraph (a) of this subsection and a
development order issued pursuant to s. 380.06, which
has become final prior to June 18, 1985, or between sub-
section (8) and paragraph (a) and an amendment to a
final development order, which amendment has been
requested prior to April 2, 1985, the development order
or amendment thereto shall control. However, any modi-
fication to paragraph (a) enacted by a local government
and approved by the Administration Commission pursu-
ant to subsection (10) may provide whether it shall con-
trol over an inconsistent provision of a development
order or amendment thereto. A development order or
any amendment thereto referred to in this paragraph
shall not be subject to approval by the Administration
Commission pursuant to subsection (10).
(c) Effect of existing plans and regulations.-
Legally adopted comprehensive plans and land devel-
opment regulations other than those listed in this sub-
section shall remain in full force and effect unless incon-
sistent with the principles for guiding development set
forth in subsection (8), the elements of the comprehen-
sive plan listed in this subsection, or the land develop-
ment regulations listed in this subsection.
(d) Developments of regional impact.-A local gov-
ernment shall approve a development subject to the
provisions of s. 380.06 only if it also complies with the
provisions of this subsection.
(10) MODIFICATION TO PLANS AND REGULATIONS.
Any land development regulation or element of a local
comprehensive plan in the Apalachicola Bay Area may
be enacted, amended, or rescinded by a local govern-
ment, but the enactment, amendment, or rescission
becomes effective only upon the approval thereof by the
Administration Commission. Further, the state land plan-
ning agency, after consulting with the appropriate local
government, may, from time to time, recommend the
enactment, amendment, or rescission of a land develop-
ment regulation or element of a comprehensive plan.
Within 45 days following the receipt of such recommen-
dation by the state land planning agency or enactment,
amendment, or rescission by a local government the
commission shall reject the recommendation, enact-
ment, amendment, or rescission or accept it with or with-
out modification and adopt, by rule, any changes. Any
such local land development regulation or comprehen-
sive plan or part of such regulation or plan may be
adopted by the commission if it finds that it is in compli-
ance with the principles for guiding development.
(11) REQUIREMENTS; LOCAL GOVERNMENTS.-
(a) As used in this subsection:
1. "Alternative onsite system" means any approved
onsite disposal system used in lieu of a standard subsur-
face system.


1198


%lh. o u


F.S. 1991








P.S.199 LAN AN WATR MNAGEENTCh. 380


2. "Critical shoreline zone" means all land within a
distance of 150 feet landward of the mean high-water
line in tidal areas, the ordinary high-water line in nontidal
areas, or the inland wetland areas existing along the
seams, lakes, rivers, bays, and sounds within the Apa-
r (icola Bay Area.
j. "Pollution-sensitive segment of the critical shore-
line" means an area which, due to its proximity to highly
sensitive resources, including, but not limited to, pro-
ductive shellfish beds and nursery areas, requires spe-
cial regulatory attention.
4. "Low-income family" means a group of persons
residing together whose combined income does not
exceed 200 percent of the 1985 Poverty Income Guide-
lines for all states and the District of Columbia, promul-
gated by the United States Department of Health and
Human Services, as published in Volume 50, No. 46 of
the Federal Register, pages 9517-18. Income shall be as
defined in said guidelines.
(b) Franklin County and the municipalities within it
shall, within 60 days after a sewerage system is avail-
able for use, notify all owners and users of onsite sew-
age disposal systems of the availability of such a system
and that connection is required within 180 days of the
notice. Failure to connect to an available system within
the time prescribed shall be a misdemeanor of the sec-
ond degree, punishable as provided in ss. 775.082 and
775.083. Further, Franklin County and the municipalities
within it shall have the right to make the connection if
it is not made within the prescribed time and to assess
the owner of the real property on which the connection
is made for the cost of such connection. Such assess-
ments shall be levied according to law and shall become
a lien against the real property, enforced according to
law. Franklin County and the municipalities within it shall
develop a program and implement ordinances to make
.qilable to low income families the sewer services avail-
upon completion of the proposed sewer projects
Deing funded by this act.
(c)1. The Department of Health and Rehabilitative
Services shall survey all septic tank soil-absorption sys-
tems in the Apalachicola Bay Area to determine their
suitability as onsite sewage treatment systems. Within
6 months from June 18, 1985, Franklin County and the
municipalities within it, after consultation with the
Department of Health and Rehabilitative Services and
the Department of Environmental Regulation, shall
develop a program designed to correct any onsite sew-
age treatment systems that might endanger the water
quality of the bay.
2. Franklin County and the municipalities within it
shall, within 9 months from June 18, 1985, enact by ordi-
nance procedures implementing this program. These
procedures shall include notification to owners of unac-
ceptable septic tanks and procedures for correcting
unacceptable septic tanks. These ordinances shall not
be effective until approved by the Department of Health
and Rehabilitative Services and the Department of Envi-
ronmental Regulation.
(d) Franklin County and the municipalities within it
shall, within 12 months from June 18, 1985, establish by
ordinance a map of "pollution-sensitive segments of the
critical shoreline" within the Apalachicola Bay Area,


which ordinance shall not be effective until approved by
the Department of Health and Rehabilitative Services
and the Department of Environmental Regulation. Frank-
lin County and the municipalities within it, after the effec-
tive date of these ordinances, shall no longer grant per-
mits for onsite wastewater disposal systems in pollu-
tion-sensitive segments of the critical shoreline, except
for those onsite wastewater systems that will not
degrade water quality in the river or bay. These ordi-
nances shall not become effective until approved by the
resource planning and management committee. Until
such ordinances become effective, the Franklin County
Health Department shall not give a favorable recommen-
dation to the granting of a septic tank variance pursuant
to section (1) of Ordinance 79-8, adopted on June 22,
1979, by the Franklin County Board of County Commis-
sioners and filed with the Secretary of State on June 27,
1979, or issue a permit for a septic tank or alternative
waste disposal system pursuant to Ordinance 81-5,
adopted on June 22, 1981, by the Franklin County Board
of County Commissioners and filed with the Secretary
of State on June 30, 1981, as amended as set forth in
subparagraph (9)(a)2., unless the Franklin County
Health Department certifies, in writing, that the use of
such system will be consistent with subsections (8)(f)
and (9).
(e) Franklin County and the municipalities within it
shall, within 9 months from June 18, 1985, enact land
development regulations to protect the Apalachicola
Bay Area from stormwater pollution, including provisions
for development approval, before the issuance of build-
ing permits pursuant to Rule 17-25, F.A.C. Franklin
County and the municipalities within it shall, within 90
days following the above deadline, survey existing
stormwater management systems and discharges to
determine their effect on the bay and develop a compre-
hensive stormwater management plan to minimize such
effects. The plan will include recommendations and
financing options for the retrofitting of existing systems.
Franklin County and the municipalities within it shall, as
part of an overall stormwater management program,
inform its citizens about stormwater, its relationship to
land use, and its effect upon the resources of the Apa-
lachicola Bay Area.
(f) Franklin County and the municipalities within it
shall, within 1 year from June 18, 1985, prepare, with
assistance from concerned state agencies and other
interested parties, a report on options to improve the
fisheries for the Apalachicola Bay Area. Assistance
should also be requested from the appropriate federal
agencies. Within 12 months from June 18, 1985, copies
of the report shall be submitted to the Marine Fisheries
Commission.
(g) Franklin County and the municipalities within it
shall, beginning 12 months from June 18,1985, prepare
semiannual reports on the implementation of para-
graphs (b)-(f) on the environmental status of the Apa-
lachicola Bay Area. The state land planning agency may
prescribe additional detailed information required to be
reported. Each report shall be delivered to the resource
planning and management committee and the state
land planning agency for review and recommendations.
The state land planning agency shall review each report


1199


F.S.,1991


LAND AND WATER MANAGEMENT


Ch. 380





III. 4ou


LAND AND WATEI


and consider such reports when making recommenda-
tions to the Administration Commission pursuant to sub-
section (10).
(12) GRANTS TO APPLICANTS TO FINANCE SEW-
ERAGE IMPROVEMENTS; APALACHICOLA BAY PRO-
TECTION TRUST FUND.-The applicants for grants
from the Department of Environmental Regulation to
finance sewerage improvements for Apalachicola, Car-
rabelle, and the Eastpoint Water and Sewer District,
herein referred to as applicants, shall not be required to
submit planning or design documents prior to any grant
award or prior to September 30, 1985, nor shall the appli-
cants be required to establish a capital improvement
account. The funds from any appropriation are to be
held, together with any state or federal grant funds, to
implement sewerage projects, subject to the require-
ments of chapter 17, Florida Administrative Code. Such
funds shall be deposited into a trust fund, to be known
as the Apalachicola Bay Protection Trust Fund, which is
hereby created, until the Department of Environmental
Regulation determines that an applicant otherwise enti-
tled to the funds has met all the Department of Environ-
mental Regulation's requirements. Interest from moneys
in the trust fund shall be deposited into the Water Pollu-
tion Control Trust Fund.
Hitory.-ss. 1, 2 3, 4, 5, 6,7, 8. 9, 10, ch. 85-360.

380.0558 Florida Area of Critical State Concern
Restoration Trust Fund.-
(1) SHORT TITLE.-This section may be cited as the
"Florida Area of Critical State Concern Restoration Trust
Fund Act."
(2) DEFINITIONS.-As used in this section:
(a) "Coral reefs" means the assemblage of corals
and other organisms that are actively building three-
dimensional reef structures off the southern coast of
Florida.
(b) "Damages" means money damages paid by any
person, whether voluntarily or as a result of administra-
tive or judicial action, to this state as compensation or
restitution, or as punitive damages, for causing injury to,
or destruction of, the coral reefs or other natural
resources of the state.
(c) "Fund" means the Florida Area of Critical State
Concern Restoration Trust Fund established by this sec-
tion.
(d) "Natural resources" means land, air, water,
ground water, drinking water supplies, fish and their
habitats, wildlife and their habitats, biota, and other such
resources belonging to, managed by, held in trust by,
appertaining to, or otherwise controlled by the State of
Florida and situated in an area of critical state concern
or offshore from an area of critical state concern.
(e) "Person" means any and all persons, natural or
artificial, foreign or domestic, including any individual,
firm, partnership, business, corporation, and company
and the United States and all political subdivisions,
regions, districts, municipalities, and public agencies
thereof.
(3) FINDINGS.-
(a) The Legislature finds that the coral reefs and nat-
ural resources within areas of critical state concern are
subject to instantaneous injury or loss from a variety of


R MANAGEMENT F.S. 1991

negligent and willful acts, in ways that cannot be fore-
seen and provided for in the normal budget process. As
a consequence of the unforseeability of such incidents,
no funds have been available for reimbursement of
extraordinary expenses incurred by the Department of
Natural Resources in seeking compensation, on behalf
of the residents of the state, for such injury or destruc-
tion of these natural resources. The protection of the
state's natural resources in areas of critical state con-
cern is found to be especially important.
(b) Prior to the enactment of this section, a signifi-
cant amount of monetary damages that would be recov-
ered by the state for injury to, or destruction of, its natu-
ral resources were deposited in the general accounts of
the State Treasury and were not specifically set aside for
restoration or rehabilitation of the injured or destroyed
natural resources in the region of the state where such
injury or loss occurred.
(4) PURPOSES.-It is the purpose of this section to
establish a fund for the reimbursement of actual costs
incurred by the Department of Natural Resources in
obtaining payment of damages for injury to, or destruc-
tion of, the coral reefs and other natural resources of this
state and to designate that damages in excess of such
reimbursed costs be dedicated to the research, protec-
tion, restoration, or rehabilitation of, or substitution for,
the coral reefs and other natural resources injured or
destroyed.
(5) CREATION OF TRUST FUND.-AII damages
recovered by or on behalf of this state for injury to, or
destruction of, the coral reefs or natural resources of the
state that would otherwise be deposited in the general
revenue accounts of the State Treasury or in the Internal
Improvement Trust Fund shall be deposited in the Flor-
ida Area of Critical State Concern Restoration Trust
Fund which is hereby created in the Department of Natu-
ral Resources, and shall remain in such account until
expended by the department for the purposes of this
section.
(6) TRUST FUND EXPENDITURES.-
(a) No moneys credited to the fund shall be available
for any expenditure other than as set forth in this sec-
tion.
(b) Moneys in the fund shall be expended only for
the following purposes:
1. To provide funds for the Department of Natural
Resources for reasonable costs incurred in obtaining
payment of the damages for injury to, or destruction of,
coral reefs and other natural resources, including admin-
istrative costs and costs of experts and consultants.
Such funds may be provided in advance of recovery of
damages after approval of such advances by the Board
of Trustees of the Internal Improvement Trust Fund.
2. To pay for restoration or rehabilitation of the
injured or destroyed coral reefs or other natural
resources by a state agency or through a contract to any
qualified person.
3. To pay for alternative projects selected by the
Board of Trustees of the Internal Improvement Trust
Fund. Any such project shall be selected on the basis
of its anticipated benefits to the residents of this state
who used the injured or destroyed coral reefs or other






LAND AND WATER MANAGEMENT


natural resources or will benefit from the alternative proj-
ect.
(7) MISCELLANEOUS PROVISIONS.-
(a) All claims for trust fund reimbursements under
paragraphrah (6)(b)1. must be made within 90 days
S er payment of damages is made to the state.
(b) Each private recipient of fund disbursements
shall be required to agree in advance that its accounts
and records of expenditures of such moneys are subject
to audit at any time by appropriate state officials and to
submit a final written report describing such expendi-
tures within 90 days after the funds have been
expended.
(c) When payments are made to a state agency from
the fund for expenses compensable under paragraph
(6)(b), such expenditures shall be considered as being
for extraordinary expenses, and no agency appropria-
tion shall be reduced by any amount as a result of such
reimbursement.
(8) RULES.-The department shall have rulemaking
authority for the administration of this section.
History.-s. 1, ch. 87-280; s. 1, ch. 87-281; s. 9, ch. 89-175; s. 14, ch. 91-286.

380.06 Developments of regional impact.-
(1) DEFINITION.-The term "development of
regional impact," as used in this section, means any
development which, because of its character, magni-
tude, or location, would have a substantial effect upon
the health, safety, or welfare of citizens of more than one
county.
(2) STATEWIDE GUIDELINES AND STANDARDS.-
(a) The state land planning agency shall recommend
to the Administration Commission specific statewide
guidelines and standards for adoption pursuant to this
subsection. The Administration Commission shall by rule
adopt statewide guidelines and standards to be used in
e6P4termining whether particular developments shall
Jergo development-of-regional-impact review. The
statewide guidelines and standards previously adopted
by the Administration Commission and approved by the
Legislature shall remain in effect unless revised pursu-
ant to this section or superseded by other provisions of
law. Revisions to the present statewide guidelines and
standards, after adoption by the Administration Com-
mission, shall be transmitted on or before March 1 to the
President of the Senate and the Speaker of the House
of Representatives for presentation at the next regular
session of the Legislature. Unless approved by law by
the Legislature, the revisions to the present guidelines
and standards shall not become effective.
(b) In adopting its guidelines and standards, the
Administration Commission shall consider and shall be
guided by:
1. The extent to which the development would
create or alleviate environmental problems such as air or
water pollution or noise.
2. The amount of pedestrian or vehicular traffic
likely to be generated.
3. The number of persons likely to be residents,
employees, or otherwise present.
4. The size of the site to be occupied.
5. The likelihood that additional or subsidiary devel-
opment will be generated.


6. The extent to which the development would
create an additional demand for, or additional use of,
energy, including the energy requirements of subsidiary
developments.
7. The unique qualities of particular areas of the
state.
(c) With regard to the changes in the guidelines and
standards authorized pursuant to this act, in determin-
ing whether a proposed development must comply with
the review requirements of this section, the state land
planning agency shall apply the guidelines and stand-
ards which were in effect when the developer received
authorization to commence development from the local
government. If a developer has not received authoriza-
tion to commence development from the local govern-
ment prior to the effective date of new or amended
guidelines and standards, the new or amended guide-
lines and standards shall apply.
(d) The guidelines and standards shall be applied as
follows:
1. Fixed thresholds.-
a. A development that is at or below 80 percent of
all numerical thresholds in the guidelines and standards
shall not be required to undergo development-of-
regional-impact review.
b. A development that is at or above 120 percent of
any numerical threshold shall be required to undergo
development-of-regional-impact review.
2. Rebuttable presumptions.-
a. It shall be presumed that a development that is
between 80 and 100 percent of a numerical threshold
shall not be required to undergo development-of-
regional-impact review.
b. It shall be presumed that a development that is
at 100 percent or between 100 and 120 percent of a
numerical threshold shall be required to undergo devel-
opment-of-regional-impact review.
(3) VARIATION OF THRESHOLDS IN STATEWIDE
GUIDELINES AND STANDARDS.-The state land plan-
ning agency, a regional planning agency, or a local gov-
ernment may petition the Administration Commission to
increase or decrease the numerical thresholds of any
statewide guideline and standard. The state land plan-
ning agency or the regional planning agency may peti-
tion for an increase or decrease for a particular local gov-
ernment's jurisdiction or a part of a particular jurisdic-
tion. A local government may petition for an increase or
decrease within its jurisdiction or a part of its jurisdiction.
A number of requests may be combined in a single peti-
tion.
(a) When a petition is filed, the state land planning
agency shall have no more than 180 days to prepare and
submit to the Administration Commission a report and
recommendations on the proposed variation. The report
shall evaluate, and the Administration Commission shall
consider, the following criteria:
1. Whether the local government has adopted and
effectively implemented a comprehensive plan that
reflects and implements the goals and objectives of an
adopted state comprehensive plan.
2. Any applicable policies in an adopted compre-
hensive regional policy plan.


F.S. 1991


Ch. 380


Ch. 380





Ch. 380 I nD AND WATER MANAGEMENT


3. Whether the local government has adopted and
effectively implemented both a comprehensive set of
land development regulations, which regulations shall
include a planned unit development ordinance, and a
capital improvements plan that are consistent with the
local government comprehensive plan.
4. Whether the local government has adopted and
effectively implemented the authority and the fiscal
mechanisms for requiring developers to meet develop-
ment order conditions.
5. Whether the local government has adopted and
effectively implemented and enforced satisfactory
development review procedures.
(b) The affected regional planning agency, adjoining
local governments, and the local government shall be
given a reasonable opportunity to submit recommenda-
tions to the Administration Commission regarding any
such proposed variations.
(c) The Administration Commission shall have
authority to increase or decrease a threshold in the
statewide guidelines and standards up to 50 percent
above or below the statewide presumptive threshold.
The commission may from time to time reconsider
changed thresholds and make additional variations as
it deems necessary.
(d) The Administration Commission shall adopt rules
setting forth the procedures for submission and review
of petitions filed pursuant to this subsection.
(e) Variations to guidelines and standards adopted
by the Administration Commission under this subsection
shall be transmitted on or before March 1 to the Presi-
dent of the Senate and the Speaker of the House of Rep-
resentatives for presentation at the next regular session
of the Legislature. Unless approved as submitted by
general law, the revisions shall not become effective.
(4) BINDING LETTER.-
(a) If any developer is in doubt whether his proposed
development must undergo development-of-regional-
impact review under the guidelines and standards,
whether his rights have vested pursuant to subsection
(20), os whether a proposed substantial change to a
development of regional impaclpconcerning which rights
had previously-vested pursuant to subsection (20)
would divest such right, he may request a determina-
tion from the state land planning agency.
(b) Unless a developer waives the requirements of
this paragraph by agreeing to undergo development-
of-regional-impact review pursuant to this section, the
state land planning agency or local government with
jurisdiction over the land on which a development is pro-
posed may require a developer to obtain a binding letter
if:
1. The development is at a presumptive numerical
threshold or up to 20 percent above a numerical thresh-
old in the guidelines and standards; or
2. The development is between a presumptive
numerical threshold anc 20 percent below the numerical
threshold and the l.ca' government or the state land
planning agency is in douot as to whether the character
or magnitude of the deoeeooment at the proposed loca-
tion creates a ikelir'rcv :nat the development will have
a substantial effect on :e health, safety, or welfare of
citizens of more tna c-e county.


(c) Any local government may petition the state land
planning agency to require a developer of a develop-
ment located in an adjacent jurisdiction to obtain a bind-
ing letter of interpretation. The petition shall contain
facts to support a finding that the development as pro-
posed is a development of regional impact. This para-
graph shall not be construed to grant standing to the
petitioning local government to initiate an administrative
or judicial proceeding pursuant to this chapter.
(d) A request for a binding letter of interpretation
shall be in writing and in such form and content as pre-
scribed by the state land planning agency. Within 15
days of receiving an application for a binding letter of
interpretation or a supplement to a pending application,
the state land planning agency shall determine and
notify the applicant whether the information in the appli-
cation is sufficient to enable the agency to issue a bind-
ing letter or shall request any additional information
needed. The applicant shall either provide the additional
information requested or shall notify the state land plan-
ning agency in writing that the information will not be
supplied and the reasons therefore. If the applicant does
not respond to the request for additional information
within 120 days, the application for a binding letter of
interpretation shall be deemed to be withdrawn. Within
35 days after acknowledging receipt of a sufficient appli-
cation, or of receiving notification that the information will
not be supplied, the state land planning agency shall
issue a binding letter of interpretation with respect to the
proposed development. A binding letter of interpretation
issued by the state land planning agency shall bind all
state, regional, and local agencies, as well as the devel-
oper.
(e) In determining whether a proposed substantial
change to a development of regional impact concerning
which rights had previously vested pursuant to subsec-
tion (20) would divest such rights, the state land plan-
ning agency shall review the proposed change within
the context of:
1. Criteria specified in paragraph (19)(b);
2. Its conformance with any adopted state compre-
hensive plan and any rules of the state land planning
agency;
3. All rights and obligations arising out of the vested
status of such development;
4. Permit conditions or requirements imposed by
the Department of Environmental Regulation, the
Department of Natural Resources, or any water manage-
ment district created by s. 373.069 or any of their suc-
cessor agencies or by any appropriate federal regulatory
agency; and
5. Any regional impacts arising from the proposed
change.
(f) If a proposed substantial change to a develop-
ment of regional impact concerning which rights had
previously vested pursuant to subsection (20) would
result in reduced regional impacts, the change shall not
divest rights to complete the development pursuant to
subsection (20).
(g) Every binding letter determining that a proposed
development is not a development of regional impact,
but not including binding letters of vested rights or of
modification of vested rights, shall expire and become


F.S. 1991







LAND AND WATER MANAGEMENT


void unless the plan of development has been substan-
tially commenced within:
1. Three years from October 1, 1985, for binding let-
ters issued prior to the effective date of this act; or
.Three years from the date of issuance of binding
ars issued on or after October 1, 1985.
(h) The expiration date of a binding letter, estab-
lished pursuant to paragraph (g), shall begin to run after
final disposition of all administrative and judicial appeals
of the binding letter and may be extended by mutual
agreement of the state land planning agency, the local
government of jurisdiction, and the developer.
(5) AUTHORIZATION TO DEVELOP.-
(a)1. A developer who is required to undergo devel-
opment-of-regional-impact review may undertake a
development of regional impact if the development has
been approved under the requirements of this section.
2. If the land on which the development is proposed
is within an area of critical state concern, the develop-
ment must also be approved under the requirements of
s. 380.05.
(b) State or regional agencies may inquire whether
a proposed project is undergoing or will be required to
undergo development-of-regional-impact review. If a
project is undergoing or will be required to undergo
development-of-regional-impact review, any state or
regional permit necessary for the construction or opera-
tion of the project that is valid for 5 years or less shall
take effect, and the period of time for which the permit
is valid shall begin to run, upon expiration of the time
allowed for an administrative appeal of the development
or upon final action following an administrative appeal or
judicial review, whichever is later. However, if the appli-
cation for development approval is not filed within 18
months after the issuance of the permit, the time of
)xldity of the permit shall be considered to be from the
S of issuance of the permit. If a project is required to
outain a binding letter under subsection (4), any state or
regional agency permit necessary for the construction
or operation of the project that is valid for 5 years or less
shall take effect, and the period of time for which the
permit is valid shall begin to run, only after the developer
obtains a binding letter stating that the project is not
required to undergo development-of-regional-impact
review or after the developer obtains a development
order pursuant to this section.
(c) Prior to the issuance of a final development
order, the developer may elect to be bound by the rules
adopted pursuant to chapters 403 and 373 in effect
when such development order is issued. The rules
adopted pursuant to chapters 403 and 373 in effect at
the time such development order is issued shall be
applicable to all applications for permits pursuant to
those chapters and which are necessary for and consist-
ent with the development authorized in such develop-
ment order, except that a later adopted rule shall be
applicable to an application if:
1. The later adopted rule is determined by the rule-
adopting agency to be essential to the public health,
safety, or welfare;
2. The later adopted rule is adopted pursuant to
section 403.061(27);


3. The later adopted rule is being adopted pursuant
to a subsequently enacted statutorily mandated pro-
gram;
4. The later adopted rule is mandated in order for
the state to maintain delegation of a federal program; or
5. The later adopted rule is required by state or fed-
eral law.
Further, in order for any developer to apply for permits
pursuant to this provision, the application must be filed
within 5 years from the issuance of the final develop-
ment order and the permit shall not be effective for more
than 8 years from the issuance of the final development
order. Nothing in this paragraph shall be construed to
alter or change any permitting agency's authority to
approve permits or to determine applicable criteria for
longer periods of time.
(6) APPLICATION FOR APPROVAL OF DEVELOP-
MENT; CONCURRENT PLAN AMENDMENTS.-
(a) Prior to undertaking any development, a devel-
oper that is required to undergo development-of-
regional-impact review shall file an application for devel-
opment approval with the appropriate local government
having jurisdiction. The application shall contain, in addi-
tion to such other matters as may be required, a state-
ment that the developer proposes to undertake a devel-
opment of regional impact as required under this sec-
tion.
(b) Any local government comprehensive plan
amendments related to a proposed development of
regional impact may be initiated by a local planning
agency and considered by the local governing body at
the same time as the application for development
approval using the procedures provided for local plan
amendment in s. 163.3187 and applicable local ordi-
nances, without regard to statutory or local ordinance
limits on the frequency of consideration of amendments
to the local comprehensive plan. Nothing in this para-
graph shall be deemed to require favorable consider-
ation of a plan amendment solely because it is related
to a development of regional impact.
(7) PREAPPLICATION PROCEDURES.-
(a) Before filing an application for development
approval, the developer shall contact the regional plan-
ning agency with jurisdiction over the proposed devel-
opment to arrange a preapplication conference. Upon
the request of the developer or the regional planning
agency, other affected state and regional agencies shall
participate in this conference and shall identify the types
of permits issued by the agencies, the level of informa-
tion required, and the permit issuance procedures as
applied to the proposed development. The regional
planning agency shall provide the developer information
about the development-of-regional-impact process
and the use of preapplication conferences to identify
issues, coordinate appropriate state and local agency
requirements, and otherwise promote a proper and effi-
cient review of the proposed development.
(b) The regional planning agency shall establish by
rule a procedure by which a developer may enter into
binding written agreements with the regional planning
agency to eliminate questions from the application for
development approval when those questions are found


F.S. 1991


Ch~ 2Rf


rh Inn






Ch.~~~~~FS 381AN9NDWTR9AAGMN


to be unnecessary for development-of-regional-impact
review. It is the legislative intent of this subsection to
encourage reduction of paperwork, to discourage
unnecessary gathering of data, and to encourage the
coordination of the development-of-regional-impact
review process with federal, state, and local environ-
mental reviews when such reviews are required by law.
(8) PRELIMINARY DEVELOPMENT AGREEMENTS.
(a) A developer may enter into a written preliminary
development agreement with the state land planning
agency to allow a developer to proceed with a limited
amount of the total proposed development, subject to
all other governmental approvals and solely at the devel-
oper's own risk, prior to issuance of a final development
order. All owners of the land in the total proposed devel-
opment shall join the developer as parties to the agree-
ment. Each agreement shall include and be subject to
the following conditions:
1. The developer shall comply with the preapplica-
tion conference requirements pursuant to subsection (7)
within 45 days after the execution of the agreement.
2. The developer shall file an application for devel-
opment approval for the total proposed development
within 3 months after execution of the agreement,
unless the state land planning agency agrees to a differ-
ent time for good cause shown. Failure to timely file an
application and to otherwise diligently proceed in good
faith to obtain a final development order shall constitute
a breach of the preliminary development agreement.
3. The agreement shall include maps and legal
descriptions of both the preliminary development area
and the total proposed development area and shall spe-
cifically describe the preliminary development in terms
of magnitude and location. The area approved for prelim-
inary development must be included in the application
for development approval and shall be subject to the
terms and conditions of the final development order.
4. The preliminary development shall be limited to
lands that the state land planning agency agrees are
suitable for development and shall only be allowed in
areas where adequate public infrastructure exists to
accommodate the preliminary development, when such
development will utilize public infrastructure. The devel-
oper must also demonstrate that the preliminary devel-
opment will not result in material adverse impacts to
existing resources or existing or planned facilities.
5. The preliminary development agreement may
allow development which is:
a. Less than or equal to 80 percent of any applica-
ble threshold if the developer demonstrates that such
development is consistent with subparagraph 4.; or
b. Less than 120 percent of any applicable thresh-
old if the developer demonstrates that such develop-
ment is part of a proposed downtown development of
regional impact specified in subsection (22) or part of
any areawide development of regional impact specified
in subsection (25) and that the development is consist-
ent with subparagraph 4.
6. The developer and owners of the land may not
claim vested rights, or assert equitable estoppel, arising
from the agreement or any expenditures or actions
taken in reliance on the agreement to continue with the
total proposed development beyond the preliminary


development. The agreement shall not entitle the devel-
oper to a final development order approving the total
proposed development or to particular conditions in a
final development order.
7. The agreement shall not prohibit the regional
planning agency from reviewing or commenting on any
regional issue that the regional agency determines
should be included in the regional agency's report on
the application for development approval.
8. The agreement shall include a disclosure by the
developer and all the owners of the land in the total pro-
posed development of all land or development within 5
miles of the total proposed development in which they
have an interest and shall describe such interest.
9. In the event of a breach of the agreement or fail-
ure to comply with any condition of the agreement, or
if the agreement was based on materially inaccurate
information, the state land planning agency may termi-
nate the agreement or file suit to enforce the agreement
as provided in this section and s. 380.11, including a suit
to enjoin all development.
10. A notice of the preliminary development agree-
ment shall be recorded by the developer in accordance
with s. 28.222 with the clerk of the circuit court for each
county in which land covered by the terms of the agree-
ment is located. The notice shall include a legal descrip-
tion of the land covered by the agreement and shall
state the parties to the agreement, the date of adoption
of the agreement and any subsequent amendments, the
location where the agreement may be examined, and
that the agreement constitutes a land development reg-
ulation applicable to portions of the land covered by the
agreement. The provisions of the agreement shall inure
to the benefit of and be binding upon successors and
assigns of the parties in the agreement.
11. Except for those agreements which authorize
preliminary development for substantial deviations pur-
suant to subsection (19), a developer who no longer
wishes to pursue a development of regional impact may
propose to abandon any preliminary development
agreement executed after January 1, 1985, including
those pursuant to s. 380.032(3), provided at the time of
abandonment:
a. A final development order under this section has
been rendered that approves all of the development
actually constructed; or
b. The amount of development is less than 80 per-
cent of all numerical thresholds of the guidelines and
standards, and the state land planning agency deter-
mines in writing that the development to date is in com-
pliance with all applicable local regulations and the
terms and conditions of the preliminary development
agreement and otherwise adequately mitigates for the
impacts of the development to date.
In either event, when a developer proposes to abandon
said agreement, he shall give written notice and state
that he is no longer proposing a development of regional
impact and provide adequate documentation that he
has met the criteria for abandonment of the agreement
to the state land planning agency. Within 30 days of
receipt of adequate documentation of such notice, the
state land planning agency shall make its determination


1204


F.S. 1991


LAND AND WATER MANAGEMENT


Ch. 380







F.S. 1991 LAND AND WATER MANAGEMENT Ch. 380


as to whether, or not the developer meets the criteria for
abandonment. Once the state land planning agency
determines that the developer meets the criteria for
abandonment, the state land planning agency shall
esue a notice of abandonment which shall be recorded
S'he developer in accordance with s. 28.222 with the
covered by the terms of the agreement is located.
(b) The state land planning agency may enter into
other types of agreements to effectuate the provisions
of this act as provided in s. 380.032.
(c) The provisions of this subsection shall also be
available to a developer who chooses to seek develop-
ment approval of a Florida Quality Development pursu-
ant to s. 380.061.
(9) CONCEPTUAL AGENCY REVIEW.-
(a)1. In order to facilitate the planning and prepara-
tion of permit applications for projects that undergo
development-of-regional-impact review, and in order
to coordinate the information required to issue such per-
mits, a developer may elect to request conceptual
agency review under this subsection either concurrently
with development-of-regional-impact review and com-
prehensive plan amendments, if applicable, or subse-
quent to a preapplication conference held pursuant to
subsection (7).
2. "Conceptual agency review" means general
review of the proposed location, densities, intensity of
use, character, and major design features of a proposed
development required to undergo review under this sec-
tion for the purpose of considering whether these
aspects of the proposed development comply with the
issuing agency's statutes and rules.
3. Conceptual agency review is a licensing action
subject to chapter 120, and approval or denial consti-
tutes final agency action, except that the 90-day time
.4qod specified in is. 120.62(2) shall be tolled for the
ncy when the affected regional planning agency
requests information from the developer pursuant to
paragraph (10)(b). If proposed agency action on the con-
ceptual approval is the subject of a proceeding under
s. 120.57, final agency action shall be conclusive as to
any issues actually raised and adjudicated in the pro-
ceeding, and such issues may not be raised in any sub-
sequent proceeding under s. 120.57 on the proposed
development by any parties to the prior proceeding.
4. A conceptual agency review approval shall be
valid for up to 10 years, unless otherwise provided in a
state or regional agency rule, and may be reviewed and
reissued for additional periods of time under procedures
established by the agency.
(b) By July 1, 1986, the Department of Environmen-
tal Regulation, each water management district, and
other state or regional agencies that require construc-
tion or operation permits shall establish by rule a set of
procedures necessary for conceptual agency review for
the following permitting activities within their respective
regulatory jurisdictions:
1. The construction and operation of potential
sources of water pollution, including industrial waste-
water, domestic wastewater, and stormwater.
2. Dredging and filling activities.
3. The management and storage of surface waters.


4. The construction and operation of works of the
district, only if a conceptual agency review approval is
requested under subparagraph 3.
Any state or regional agency may establish rules for con-
ceptual agency review for any other permitting activities
within its respective regulatory jurisdiction.
(c)1. Each agency participating in conceptual
agency reviews shall determine and establish by rule its
information and application requirements and furnish
these requirements to the state land planning agency
and to any developer seeking conceptual agency review
under this subsection.
2. Each agency shall cooperate with the state land
planning agency to standardize, to the extent possible,
review procedures, data requirements, and data collec-
tion methodologies among all participating agencies,
consistent with the requirements of the statutes that
establish the permitting programs for each agency.
(d) At the conclusion of the conceptual agency
review, the agency shall give notice of its proposed
agency action as required by s. 120.60(3) and shall for-
ward a copy of the notice to the appropriate regional
planning council with a report setting out the agency's
conclusions on potential development impacts and stat-
ing whether the agency intends to grant conceptual
approval, with or without conditions, or to deny concep-
tual approval. If the agency intends to deny conceptual
approval, the report shall state the reasons therefore. The
agency may require the developer to publish notice of
proposed agency action in accordance with s. 403.815.
(e) An agency's decision to grant conceptual
approval shall not relieve the developer of the require-
ment to obtain a permit and to meet the standards for
issuance of a construction or operation permit or to meet
the agency's information requirements for such a permit.
Nevertheless, there shall be a rebuttable presumption
that the developer is entitled to receive a construction
or operation permit for an activity for which the agency
granted conceptual review approval, to the extent that
the project for which the applicant seeks a permit is in
accordance with the conceptual approval and with the
agency's standards and criteria for issuing a construc-
tion or operation permit. The agency may revoke or
appropriately modify a valid conceptual approval if the
agency shows:
1. That an applicant or his agent has submitted
materially false or inaccurate information in the applica-
tion for conceptual approval;
2. That the developer has violated a condition of the
conceptual approval; or
3. That the development will cause a violation of the
agency's applicable laws or rules.
(f) Nothing contained in this subsection shall modify
or abridge the law of vested rights or estoppel.
(g) Nothing contained in this subsection shall be
construed to preclude an agency from adopting rules for
conceptual review for developments which are not
developments of regional impact.
(10) APPLICATION; SUFFICIENCY.-
(a) When an application for development approval is
filed with a local government, the developer shall also
send copies of the application to the appropriate


F.S., 1991 '


LAND AND WATER MANAGEMENT


Ch. 380






L~rIUAND ATERMANAEMEN F. 11


regional planning agency and the state land planning
agency.
(b) If a regional planning agency determines that the
application for development approval is insufficient for
the agency to discharge its responsibilities under sub-
section (12), it shall provide in writing to the appropriate
local government and the applicant a statement of any
additional information desired within 30 days of the
receipt of the application by the regional planning
agency. The applicant may supply the information
requested by the regional planning agency and shall
communicate its intention to do so in writing to the
appropriate local government and the regional planning
agency within 5 working days of the receipt of the state-
ment requesting such information, or the applicant shall
notify the appropriate local government and the regional
planning agency in writing that the requested informa-
tion will not be supplied. Within 30 days after receipt of
such additional information, the regional planning
agency shall review it and may request only that informa-
tion needed to clarify such additional information or to
answer new questions raised by, or directly related to,
such additional information. If an applicant does not pro-
vide the information requested by a regional planning
agency within 120 days of its request, or within a time
agreed upon by the applicant and the regional planning
agency, the application shall be considered withdrawn.
(c) The regional planning agency shall notify the
local government that a public hearing date may be set
when the regional planning agency determines that the
application is sufficient or when it receives notification
from the developer that the additional requested infor-
mation will not be supplied, as provided for in paragraph
(b).
(11) LOCAL NOTICE.-Upon receipt of the suffi-
ciency notification from the regional planning agency
required by paragraph (10)(c), the appropriate local gov-
ernment shall give notice and hold a public hearing on
the application in the same manner as for a rezoning as
provided under the appropriate special or local law or
ordinance, except that such hearing proceedings shall
be recorded by tape or a certified court reporter and
made available for transcription at the expense of any
interested party. When a development of regional
impact is proposed within the jurisdiction of more than
one local government, the local governments, at the
request of the developer, may hold a joint public hear-
ing. The local government shall comply with the follow-
ing additional requirements:
(a) The notice of public hearing shall state that the
proposed development is undergoing a development-
of-regional-impact review.
(b) The notice shall be published at least 60 days in
advance of the hearing and shall specify where the infor-
mation and reports on the development-of-regional-
impact application may be reviewed.
(c) The notice shall be given to the state land plan-
ning agency, to the applicable regional planning
agency, to any state or regional permitting agency par-
ticipating in a conceptual agency review process under
subsection (9), and to such other persons as may have
been designated by the state land planning agency as
entitled to receive such notices.


(d) A public hearing date shall be set by the appro-
priate local government at the next scheduled meeting.
(12) REGIONAL REPORTS.-
(a) Within 50 days after receipt of the notice of pub-
lic hearing required in paragraph (11)(c), the regional
planning agency, if one has been designated for the
area including the local government, shall prepare and
submit to the local government a report and recommen-
dations on the regional impact of the proposed develop-
ment. In preparing its report and recommendations, the
regional planning agency shall identify regional issues
based upon the following review criteria and make rec-
ommendations to the local government on these
regional issues, specifically considering whether, and
the extent to which:
1. The development will have a favorable or unfa-
vorable impact on the environment and natural and his-
torical resources of the region.
2. The development will have a favorable or unfa-
vorable impact on the economy of the region.
3. The development will efficiently use or unduly
burden water, sewer, solid waste disposal, or other nec-
essary public facilities.
4. The development will efficiently use or unduly
burden public transportation facilities.
5. The development will favorably or adversely
affect the ability of people to find adequate housing rea-
sonably accessible to their places of employment.
6. The development complies with such other
criteria for determining regional impact as the regional
planning agency deems appropriate, including, but not
limited to, the extent to which the development would
create an additional demand for, or additional use of,
energy, provided such criteria and related policies have
been adopted by the regional planning agency pursuant
to s. 120.54. Regional planning agencies may also
review and comment upon issues which affect only the
local governmental entity with jurisdiction pursuant to
this section; however, such issues shall not be grounds
for or be included as issues in a regional planning
agency appeal of a development order under s. 380.07.
(b) At the request of the regional planning agency,
other appropriate agencies shall review the proposed
development and shall prepare reports and recommen-
dations on issues that are clearly within the jurisdiction
of those agencies. Such agency reports shall become
part of the regional planning agency report; however,
the regional planning agency may attach dissenting
views. When water management district and Depart-
ment of Environmental Regulation permits have been
issued pursuant to chapter 373 or chapter 403, the
regional planning council may comment on the regional
implications of the permits but may not offer conflicting
recommendations.
(c) The regional planning agency shall afford the
developer or any substantially affected party reasonable
opportunity to present evidence to the regional planning
agency head relating to the proposed regional agency
report and recommendations.
(13) CRITERIA IN AREAS OF CRITICAL STATE CON-
CERN.-If the development is in an area of critical state
concern, the local government shall approve it only if it
complies with the land development regulations therefore


F.S. 1991 1


1i


LAMU AND WATER MANAGEMENT







.S 1991 L AN Ch 380


under s. 380,05 and the provisions of this section. The
provisions of this section shall not apply to develop-
ments in areas of critical state concern which had pend-
ing applications and had been noticed or agendaed by
,Jal government after September 1, 1985, and before
S ober 1, 1985, for development order approval. In all
-ch cases, the state land planning agency may con-
sider and address applicable regional issues contained
in subsection (12) as part of its area-of-critical-state-
concern review pursuant to ss. 380.05, 380.07, and
380.11.
(14) CRITERIA OUTSIDE AREAS OF CRITICAL
STATE CONCERN.-If the development is not located
in an area of critical state concern, in considering
whether the development shall be approved, denied, or
approved subject to conditions, restrictions, or limita-
tions, the local government shall consider whether, and
the extent to which:
(a) The development unreasonably interferes with
the achievement of the objectives of an adopted state
land development plan applicable to the area;
(b) The development is consistent with the local
comprehensive plan and local land development regula-
tions; and
(c) The development is consistent with the report
and recommendations of the regional planning agency
submitted pursuant to subsection (12).
(d) The development is consistent with the State
Comprehensive Plan. In consistency determinations the
plan shall be construed and applied in accordance with
s. 187.101(3).
(15) LOCAL GOVERNMENT DEVELOPMENT
ORDER.-
(a) The appropriate local government shall render a
decision on the application within 30 days after the hear-
ing unless an extension is requested by the developer.
fpe ) When possible, local governments shall issue
-lopment orders concurrently with any other local
permits or development approvals that may be applica-
ble to the proposed development.
(c) The development order shall include findings of
fact and conclusions of law consistent with subsections
(13) and (14). The development order:
1. Shall specify the monitoring procedures and the
local official responsible for assuring compliance by the
developer with the development order.
2. Shall establish compliance dates for the develop-
ment order, including a deadline for commencing physi-
cal development and for compliance with conditions of
approval or phasing requirements, and shall include a
termination date that reasonably reflects the time
required to complete the development.
3. Shall establish a date until which the local gov-
ernment agrees that the approved development of
regional impact shall not be subject to down-zoning,
unit density reduction, or intensity reduction, unless the
local government can demonstrate that substantial
changes in the conditions underlying the approval of the
development order have occurred or the development
order was based on substantially inaccurate information
provided by the developer or that the change is clearly
established by local government to be essential to the
public health, safety, or welfare.


4. Shall specify the requirements for the annual
report designated under subsection (18), including the
date of submission, parties to whom the report is sub-
mitted, and contents of the report, based upon the rules
adopted by the state land planning agency. Such rules
shall specify the scope of any additional local require-
ments that may be necessary for the report.
5. May specify the types of changes to the develop-
ment which shall require submission for a substantial
deviation determination under subsection (19).
6. Shall include a legal description of the property.
(d) Conditions of a development order that require
a developer to contribute land for a public facility or con-
struct, expand, or pay for land acquisition or construc-
tion or expansion of a public facility, or portion thereof,
shall meet the following criteria:
1. The need to construct new facilities or add to the
present system of public facilities must be reasonably
attributable to the proposed development.
2. Any contribution of funds, land, or public facilities
required from the developer shall be comparable to the
amount of funds, land, or public facilities that the state
or the local government would reasonably expect to
expend or provide, based on projected costs of compa-
rable projects, to mitigate the impacts reasonably attrib-
utable to the proposed development.
3. Any funds or lands contributed must be
expressly designated and used to mitigate impacts rea-
sonably attributable to the proposed development.
(e)1. Effective July 1, 1986, a local government shall
not include, as a development order condition for a
development of regional impact, any requirement that a
developer contribute or pay for land acquisition or con-
struction or expansion of public facilities or portions
thereof unless the local government has enacted a local
ordinance which requires other development not sub-
ject to this section to contribute its proportionate share
of the funds, land, or public facilities necessary to
accommodate any impacts having a rational nexus to
the proposed development, and the need to construct
new facilities or add to the present system of public facil-
ities must be reasonably attributable to the proposed
development.
2. A local government shall not approve a develop-
ment of regional impact that does not make adequate
provision for the public facilities needed to accommo-
date the impacts of the proposed development unless
the local government includes in the development order
a commitment by the local government to provide these
facilities consistently with the development schedule
approved in the development order; however, a local
government's failure to meet the requirements of sub-
paragraph 1. and this subparagraph shall not preclude
the issuance of a development order where adequate
provision is made by the developer for the public facili-
ties needed to accommodate the impacts of the pro-
posed development. Any funds or lands contributed by
a developer must be expressly designated and used to
accommodate impacts reasonably attributable to the
proposed development.
3. The Department of Community Affairs and other
state and regional agencies involved in the administra-
tion and implementation of this act shall cooperate and


FS: 1991 '


LAND AND WATER MANAGEMENT


Ch. 380






~ewuMflUVWAII1 ~rIA.IEMNT .S. 1991


work with units of local government in preparing and
adopting local impact fee and other contribution ordi-
nances.
(f) Notice of the adoption of a development order or
the subsequent modification of an adopted develop-
ment order shall be recorded by the developer, in
accordance with s. 28.222, with the clerk of the circuit
court for each county in which the development is
located. The notice shall include a legal description of
the property covered by the order and shall state which
unit 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 order with any modifications may be
examined, and that the development order constitutes
a land development regulation applicable to the prop-
erty. 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 encum-
brance. This paragraph applies only to developments
initially approved under this section after July 1, 1980.
(g) If the property is annexed by another local juris-
diction, the annexing jurisdiction shall adopt a new
development order that incorporates all previous rights
and obligations specified in the prior development order.
(16) CREDITS AGAINST LOCAL IMPACT FEES.-
(a) If the development order requires the developer
to contribute land or a public facility or construct,
expand, or pay for land acquisition or construction or
expansion of a public facility, or portion thereof, and the
developer is also subject by local ordinance to impact
fees or exactions to meet the same needs, the local gov-
ernment shall establish and implement a procedure that
credits a development order exaction or fee toward an
impact fee or exaction imposed by local ordinance for
the same need; however, if the Florida Land and Water
Adjudicatory Commission imposes any additional
requirement, the local government shall not be required
to grant a credit toward the local exaction or impact fee
unless the local government determines that such
required contribution, payment, or construction meets
the same need that the local exaction or impact fee
would address.
(b) If the local government imposes or increases an
impact fee or exaction by local ordinance after a devel-
opment order has been issued, the developer may peti-
tion the local government, and the local government
shall modify the affected provisions of the development
order to give the developer credit for any contribution of
land for a public facility, or construction, expansion, or
contribution of funds for land acquisition or construction
or expansion of a public facility, or a portion thereof,
required by the development order toward an impact fee
or exaction for the same need.
(c) The local government and the developer may
enter into capital contribution front-ending agreements
as part of a development-of-regional-impact develop-
ment order to reimburse the developer, or his successor,
for voluntary contributions paid in excess of his fair
share.
(d) This subsection does not apply to internal, onsite
facilities required by local regulations or to any offsite


facilities to the extent such facilities are necessary to
provide safe and adequate services to the development.
(17) LOCAL MONITORING.-The local government
issuing the development order is primarily responsible
for monitoring the development and enforcing the provi-
sions of the development order. Local governments
shall not issue any permits or approvals or provide any
extensions of services if the developer fails to act in sub-
stantial compliance with the development order.
(18) ANNUAL REPORTS.-The developer shall sub-
mit an annual report on the development of regional
impact to the local government, the regional planning
agency, the state land planning agency, and all affected
permit agencies on the date specified in the develop-
ment order. If the annual report is not received, the
regional planning agency or the state land planning
agency shall notify the local government. If the local gov-
ernment does not receive the annual report or receives
notification that the regional planning agency or the
state land planning agency has not received the report,
the local government shall request in writing that the
developer submit the report within 30 days. The failure
to submit the report after 30 days shall result in the tem-
porary suspension of the development order by the local
government.
(19) SUBSTANTIAL DEVIATIONS.-
(a) Any proposed change to a previously approved
development which creates a reasonable likelihood of
additional regional impact, or any type of regional
impact created by the change not previously reviewed
by the regional planning agency, shall constitute a sub-
stantial deviation and shall cause the development to be
subject to further development-of-regional-impact
review.
(b) Any proposed change to a previously approved
development of regional impact or development order
condition which, either individually or cumulatively with
other changes, exceeds any of the following criteria shall
constitute a substantial deviation and shall cause the
development to be subject to further development-of-
regional-impact review without the necessity for a find-
ing of same by the local government:
1. An increase in the number of parking spaces at
an attraction or recreational facility by 5 percent or 300
spaces, whichever is greater, or an increase in the num-
ber of spectators that may be accommodated at such a
facility by 5 percent or 1,000 spectators, whichever is
greater.
2. A new runway, a new terminal facility, a 10-
percent expansion to an existing runway, or a 20-
percent increase in the floor area of an existing terminal.
3. An increase in the number of hospital beds by 5
percent or 60 beds, whichever is greater.
4. An increase in industrial development area by 5
percent or 32 acres, whichever is greater.
5. An increase in the average annual acreage
mined by 5 percent or 10 acres, whichever is greater, or
an increase in the average daily water consumption by
a mining operation by 5 percent or 300,000 gallons,
whichever is greater. An increase in the size of the mine
by 5 percent or 750 acres, whichever is less.
6. An increase in land area for office development
by 5 percent or 6 acres, whichever is greater, or an


_dnw J.&IIIJ vm i r-n ANAUE~MENT


F.S. 1991






-F.S. 1991


increase ,of gross floor area of office development by 5
percent or 60,000 gross square feet, whichever is
greater.
7. An increase in the storage capacity for chemical
or petroleum storage facilities by 5 percent, 20,000 bar-
Srels, or 7 million pounds, whichever is greater.
8. An increase of development at a waterport of wet
storage for 20 watercraft, dry storage for 30 watercraft,
or wet/dry storage for 60 watercraft in an area identified
in the state marina siting plan as an appropriate site for
additional waterport development or a 5-percent
increase in watercraft storage capacity, whichever is
greater.
9. An increase in the number of dwelling units by 5
percent or 50 dwelling units, whichever is greater.
10. An increase in commercial development by 6
acres of land area or by 50,000 square feet of gross floor
area, or of parking spaces provided for customers for
300 cars or a 5-percent increase of any of these, which-
ever is greater.
11. An increase in hotel or motel facility units by 5
percent or 75 units, whichever is greater.
12. An increase in a recreational vehicle park area by
5 percent or 100 vehicle spaces, whichever is less.
13. A decrease in the area set aside for open space
of 5 percent or 20 acres, whichever is less.
14. A proposed increase to an approved multiuse
development of regional impact where the sum of the
increases of each land use as a percentage of the appli-
cable substantial deviation criteria is equal to or exceeds
100 percent. The percentage of any decrease in the
amount of open space shall be treated as an increase
for purposes of determining when 100 percent has been
reached or exceeded.
15. A 15-percent increase in the number of external
vehicle trips generated by the development above that
('which was projected during the original development-
of-regional-impact review.
16. Any change which would result in development
of any area which was specifically set aside in the appli-
cation for development approval or in the development
order for preservation or special protection of endan-
gered or threatened plants or animals designated as
endangered, threatened, or species of special concern
and their habitat, primary dunes, or archaeological and
historical sites designated as significant by the Division
of Historical Resources of the Department of State. The
further refinement of such areas by survey shall be con-
sidered under sub-subparagraph (e)5.b.
(c) An extension of the date of buildout of a develop-
ment, or any phase thereof, by 5 or more years shall be
presumed to create a substantial deviation subject to
further development-of-regional-impact review. An
extension of the date of buildout, or any phase thereof,
of 3 years or more but less than 5 years shall be pre-
sumed not to create a substantial deviation. These pre-
sumptions may be rebutted by clear and convincing evi-
dence at the public hearing held by the local govern-
ment. For the purpose of calculating when a buildout
date has been exceeded, the time shall be tolled during
the pendency of administrative or judicial proceedings
relating to development permits.


(d) A change in the plan of development of an
approved development of regional impact resulting from
requirements imposed by the Department of Environ-
mental Regulation, the Department of Natural
Resources, or any water management district created
by s. 373.069 or any of their successor agencies or by
any appropriate federal regulatory agency shall be sub-
mitted to the local government pursuant to this subsec-
tion. The change shall be presumed not to create a sub-
stantial deviation subject to further development-of-
regional-impact review. The presumption may be rebut-
ted by clear and convincing evidence at the public hear-
ing held by the local government.
(e)1. A proposed change which, either individually
or, if there were previous changes, cumulatively with
those changes, is equal to or exceeds 40 percent of any
numerical criterion in subparagraphs (b)1.-15., but
which does not exceed such criterion, shall be pre-
sumed not to create a substantial deviation subject to
further development-of-regional-impact review. The
presumption may be rebutted by clear and convincing
evidence at the public hearing held by the local govern-
ment pursuant to subparagraph (f)5.
2. Except for a development order rendered pursu-
ant to subsection (22) or subsection (25), a proposed
change which, either individually or, if there were previ-
ous changes, cumulatively with those changes, is less
than 40 percent of any numerical criterion in subpara-
graphs (b)1.-15. and does not exceed any other crite-
rion, or which involves an extension of the date of build-
out of a development or phase of a development by less
than 3 years, is not a substantial deviation and is not
subject to a public hearing pursuant to subparagraph
(f)3. or a determination pursuant to subparagraph (f)5.
Notice of the change shall be made to the regional plan-
ning council and the state land planning agency by pro-
viding them with the information required in subpara-
graph 4., including appropriate amendments to the
development order, on forms to be adopted by the state
land planning agency by rule.
3. Any addition of land not previously reviewed or
any change not specified in paragraph (b) or paragraph
(c) shall be presumed to create a substantial deviation.
This presumption may be rebutted by clear and convinc-
ing evidence.
4. Any submittal of a proposed change to a previ-
ously approved development shall include a description
of individual changes previously made to the develop-
ment, including changes previously approved by the
local government. The local government shall consider
the previous and current proposed changes in deciding
whether such changes cumulatively constitute a sub-
stantial deviation requiring further development-of-
regional-impact review.
5. The following changes to an approved develop-
ment of regional impact shall be presumed to create a
substantial deviation. Such presumption may be rebut-
ted by clear and convincing evidence.
a. A change proposed for 15 percent or more of the
acreage to a land use not previously approved in the
development order. Changes of less than 15 percent
shall be presumed not to create a substantial deviation.


LAND AND WATER MANAGEMENT


, F.S. 1991


Ch. 380





---. -.- *. u.. .lc m~I~IMUU M CI'4IPS 99


b. Except for te types of uses listed in subpara-
graph (b)16.. any change which would result in the
development of any area which was specifically set
aside in the application for development approval or in
the development order for preservation, buffers, or spe-
cial protection, including habitat for plant and animal
species, archaeological and historical sites, dunes, and
other special areas.
c. Notwithstanding any provision of paragraph (b)
to the contrary, a proposed change consisting of simul-
taneous increases and decreases of at least two of the
uses within an authorized multiuse development of
regional impact which was originally approved with
three or more uses specified in s. 380.0651(3)(c), (d), (f),
and (g) and residential use.
(f)1. The state land planning agency shall establish by
rule standard forms for submittal of proposed changes
to a previously approved development of regional
impact which may require further development-of-
regional-impact review. At a minimum, the standard
form shall requic 1sldeei .er to provide the precise
language which the developer proposes to delete or add
as an amendment to the development order.
2. The d Lgest simultaneously, to
the local government, the regional planning agency, and
the state land planning agency the request for approval
of a proposed change.
3. No sooner than 30 days but no later than 45 days
after submittal by the developer to the local govern-
ment, the state land planning agency, and the appropri-
ate regional planning agency, the local government shall
give 15 days' notice and schedule a public hearing to
consider the change that the developer asserts does not
create a substantial deviation.
4. The appropriate regional planning agency or the
state land planning agency shall review the proposed
change and may, in its discretion and within 30 days of
submittal by the developer of the request for approval
of a change, advise the local government of its intention
to participate at the public hearing before the local gov-
ernment. A change which is subject to the substantial
deviation criteria specified in sub-subparagraph (e)5.c.
shall not be subject to this requirement.
5. At the public hearing, the local government shall
determine whether the proposed change requires fur-
ther development-of-regional-impact review. The pro-
visions of paragraphs (a) and (e), the thresholds set forth
in paragraph (b), and the presumptions set forth in para-
graphs (c) and (d) and subparagraphs (e)1. and 3. shall
be applicable in determining whether further develop-
ment-of-regional-impact review is required.
6. If the local government determines that the pro-
posed change does not require further development-
of-regional-impact review and is otherwise approved,
or if the proposed change is not subject to a hearing and
determination pursuant to subparagraphs (f)3. and 5.
and is otherwise approved, the local government shall
issue an amendment to the development order incorpo-
rating the approved change and conditions of approval
relating to the change. The decision of the local govern-
ment to approve, with or without conditions, or to deny
the proposed change that the developer asserts does
not require further review shall be subject to the appeal


provisions of s. 380.07. However, neither the regional
planning agency nor the state land planning agency may
appeal the local government decision if neither partici-
pated at the local hearing, unless the approved change
is subject to the substantial-deviation criteria specified
in sub-subparagraph (e)5.c. Neither the state land plan-
ning agency nor the regional planning agency may
appeal a change to a development order made pursuant
to subparagraph (e)2. for developments of regional
impact approved after January 1, 1980, unless the
change would result in a significant impact to a region-
ally significant archaeological, historical, or natural
resource not previously identified in the original develop-
ment-of-regional-impact review.
(g) If a proposed change requires further develop-
ment-of-regional-impact review pursuant to this sec-
tion, the review shall be conducted subject to the follow-
ing additional conditions:
1. The development-of-regional-impact review
conducted by the appropriate regional planning agency
shall address only those issues raised by the proposed
change except as provided in subparagraph 2.
2. The regional planning agency shall consider, and
the local government shall determine whether to
approve, approve with conditions, or deny the proposed
change as it relates to the entire development. If the
local government determines that the proposed change,
as it relates to the entire development, is unacceptable,
the local government shall deny the change.
3. If the local government determines that the pro-
posed change, as it relates to the entire development,
should be approved, any new conditions in the amend-
ment to the development order issued by the local gov-
ernment shall address only those issues raised by the
proposed change.
4. Development within the previously approved
development of regional impact may continue, as
approved, during the development-of-regional-impact
review in those portions of the development which are
not affected by the proposed change.
(h) When further development-of-regional-impact
review is required because a substantial deviation has
been determined or admitted by the developer, the
amendment to the development order issued by the
local government shall be consistent with the require-
ments of subsection (15) and shall be subject to the
hearing and appeal provisions of s. 380.07. The state
land planning agency or the appropriate regional plan-
ning agency need not participate at the local hearing in
order to appeal a local government development order
issued pursuant to this paragraph.
(20) VESTED RIGHTS.-Nothing in this section shall
limit or modify the rights of any person to complete any
development that has been authorized by registration of
a subdivision pursuant to chapter 498, by recordation
pursuant to local subdivision plat law, or by a building
permit or other authorization to commence development
on which there has been reliance and a change of posi-
tion and which registration or recordation was accom-
plished, or which permit or authorization was issued,
prior to July 1, 1973. If a developer has, by his actions
in reliance on prior regulations, obtained vested or other
legal rights that in law would have prevented a local gov-


F.S. 1991







_....LAND AND WATER MANAGEMENT. (


ernment from changing those regulations in a way
adverse to his interests, nothing in this chapter autho-
rizes any governmental agency to abridge those rights.
(a) For the purpose of determining the vesting of
(ights under this subsection, approval pursuant to local
r )division plat law, ordinances, or regulations of a sub-
_. vision plat by formal vote of a county or municipal gov-
ernmental body having jurisdiction after August 1, 1967,
and prior to July 1, 1973, is sufficient to vest all property
rights for the purposes of this subsection; and no action
in reliance on, or change of position concerning, such
local governmental approval is required for vesting to
take place. Anyone claiming vested rights under this
paragraph must so notify the department in writing by
January 1, 1986. Such notification shall include informa-
tion adequate to document the rights established by this
subsection. When such notification requirements are
met, in order for the vested rights authorized pursuant
to this paragraph to remain valid after June 30, 1990,
development of the vested plan must be commenced
prior to that date upon the property that the state land
planning agency has determined to have acquired
vested rights following the notification or in a binding let-
ter of interpretation. When the notification requirements
have not been met, the vested rights authorized by this
paragraph shall expire June 30, 1986, unless develop-
ment commenced prior to that date.
(b) For the purpose of this act, the conveyance of,
or the agreement to convey, property to the county,
state, or local government as a prerequisite to zoning
change approval shall be construed as an act of reliance
to vest rights as determined under this subsection, pro-
vided such zoning change is actually granted by such
government.
(21) COMPREHENSIVE APPLICATION; MASTER
PLN DEVELOPMENT ORDER.-
If a development project includes two or more
L lopments of regional impact, a developer may file
a comprehensive development-of-regional-impact
application.
(b) If a proposed development is planned for devel-
opment over an extended period of time, the developer
may file an application for master development approval
of the project and agree to present subsequent incre-
ments of the development for preconstruction review.
This agreement shall be entered into by the developer,
the regional planning agency, and the appropriate local
government having jurisdiction. The provisions of sub-
section (9) do not apply to this subsection, except that
a developer may elect to utilize the review process
established in subsection (9) for review of the incre-
ments of a master plan.
1. Prior to adoption of the master plan development
order, the developer, the landowner, the appropriate
regional planning agency, and the local government
having jurisdiction shall review the draft of the develop-
ment order to ensure that anticipated regional impacts
have been adequately addressed and that information
requirements for subsequent incremental application
review are clearly defined. The development order for a
master application shall specify the information which
must be submitted with an incremental application and


shall identify those issues which can result in the denial
of an incremental application.
2. The review of subsequent incremental applica-
tions shall be limited to that information specifically
required and those issues specifically raised by the mas-
ter development order, unless substantial changes in
the conditions underlying the approval of the master
plan development order are demonstrated or the master
development order is shown to have been based on
substantially inaccurate information.
(c) The state land planning agency, by rule, shall
establish uniform procedures to implement this subsec-
tion.
(22) DOWNTOWN DEVELOPMENT AUTHORITIES.-
(a) A downtown development authority may submit
a development-of-regional-impact application for
development approval pursuant to this section. The area
described in the application may consist of any or all of
the land over which a downtown development authority
has the power described in s. 380.031(5). For the pur-
poses of this subsection, a downtown development
authority shall be considered the developer whether or
not the development will be undertaken by the down-
town development authority.
(b) In addition to information required by the devel-
opment-of-regional-impact application, the application
for development approval submitted by a downtown
development authority shall specify the total amount of
development planned for each land use category. In
addition to the requirements of subsection (15), the
development order shall specify the amount of develop-
ment approved within each land-use category. Develop-
ment undertaken in conformance with a development
order issued under this section does not require further
review.
(c) If a development is proposed within the area of
a downtown development plan approved pursuant to
this section which would result in development in
excess of the amount specified in the development
order for that type of activity, changes shall be subject
to the provisions of subsection (19), except that the per-
centages and numerical criteria shall be double those
listed in paragraph (19)(b).
(d) The provisions of subsection (9) do not apply to
this subsection.
(23) ADOPTION OF RULES BY STATE LAND PLAN-
NING AGENCY AND REGIONAL PLANNING AGENCIES.
(a) The state land planning agency shall adopt rules
to ensure uniform procedural review of developments of
regional impact by the state land planning agency and
regional planning agencies under this section. These
rules shall be adopted pursuant to chapter 120 and shall
include all forms, application content, and review guide-
lines necessary to implement development-of-
regional-impact reviews. The state land planning
agency, in consultation with the regional planning agen-
cies, may also designate types of development or areas
suitable for development in which reduced information
requirements for development-of-regional-impact
review shall apply.
(b) Regional planning agencies shall develop a list
of regional issues to be used in reviewing development-
of-regional-impact applications for development


F.S. 1991 '


LAND AND WATER MANAGEMENT


Ch 3An




LAND AND WATER MANAGEMENT


F.S. 1991 '


approval. Such regional issues shall be consistent with
state laws and rules where state laws and rules on those
issues exist. These lists of regional issues must be sub-
mitted to the state land planning agency for its adoption
or rejection. Should a new agency be designated a
regional planning agency pursuant to s. 380.031(15),
that agency shall have 9 months from its date of desig-
nation to submit a list of regional issues to the state land
planning agency for its adoption or rejection.
(c) Regional planning agencies shall be subject to
rules adopted by the state land planning agency; how-
ever, a regional planning agency may adopt additional
rules, not inconsistent with rules adopted by the state
land planning agency, to promote efficient review
of development-of-regional-impact applications. Re-
gional planning agency rules shall be adopted pursuant
to chapter 120.
(d) Regional planning agencies which perform
development-of-regional-impact and Florida Quality
Development review are authorized to assess and col-
lect fees to fund the costs, direct and indirect, of con-
ducting the review process. The state land planning
agency shall adopt rules to provide uniform criteria for
the assessment and collection of such fees. The rules
providing uniform criteria shall not be subject to rule
challenge under s. 120.54(4) or to drawout proceedings
under s. 120.54(17), but, once adopted, shall be subject
to an invalidity challenge under s. 120.56 by substan-
tially affected persons. Until the state land planning
agency adopts a rule implementing this paragraph, rules
of the regional planning councils currently in effect
regarding fees shall remain in effect. Fees may vary in
relation to the type and size of a proposed project, but
shall not exceed $75,000, unless the state land planning
agency, after reviewing any disputed expenses charged
by the regional planning agency, determines that said
expenses were reasonable and necessary for an ade-
quate regional review of the impacts of a project.
Regional planning agencies shall not collect fees from
an applicant to fund the cost of appeals filed pursuant
to s. 380.07.
(24) STATUTORY EXEMPTIONS.-
(a) Any proposed hospital which has a designed
capacity of not more than 100 beds is exempt from the
provisions of this section.
(b) Any proposed electrical transmission line or elec-
trical power plant is exempt from the provisions of this
section, except any steam or solar electrical generating
facility of less than 50 megawatts in capacity attached
to a development of regional impact.
(c) Any proposed addition to an existing sports facil-
ity complex is exempt from the provisions of this section
if the addition meets the following characteristics:
1. It would not operate concurrently with the sched-
uled hours of operation of the existing facility.
2. Its seating capacity would be no more than 75
percent of the capacity of the existing facility.
3. The sports facility complex property is owned by
a public body prior to July 1, 1983.
This exemption does not apply to any pari-mutuel facil-
ity.


(d) Any proposed addition or cumulative additions
subsequent to July 1, 1988, to an existing sports facility
complex owned by a state university is exempt if the
increased seating capacity of the complex is no more
than 30 percent of the capacity of the existing facility.
.(e) Any addition of permanent seats or parking
spaces completely constructed prior to July 1, 1989, for
a sports facility located on property owned by a public
body prior to July 1, 1973, is exempt from the provisions
of this section if those additions did not expand existing
permanent seating or parking capacity more than 15
percent annually in excess of the prior year's capacity.
(f) Any increase in the seating capacity of an exist-
ing sports facility having a permanent seating capacity
of at least 50,000 spectators is exempt from the provi-
sions of this section, provided that such an increase
does not increase permanent seating capacity by more
than 5 percent per year and not to exceed a total of 10
percent in any 5-year period, and provided that the
sports facility notifies the appropriate local government
within which the facility is located of the increase at least
6 months prior to the initial use of the increased seating,
in order to permit the appropriate local government to
develop a traffic management plan for the traffic gener-
ated by the increase. Any traffic management plan shall
be consistent with the local comprehensive plan, the
regional policy plan, and the state comprehensive plan.
(g) Any expansion in the permanent seating capac-
ity or additional improved parking facilities of an existing
sports facility is exempt from the provisions of this sec-
tion, if the following conditions exist:
1.a. The sports facility had a permanent seating
capacity on January 1, 1991, of at least 41,000 spectator
seats;
b. The sum of such expansions in permanent seat-
ing capacity does not exceed a total of 10 percent in any
5-year period and does not exceed a cumulative total
of 20 percent for any such expansions; or
c. The increase in additional improved parking facil-
ities is a one-time addition and does not exceed 3,500
parking spaces serving the sports facility; and
2. The local government having jurisdiction of the
sports facility includes in the development order or
development permit approving such expansion under
this paragraph a finding of fact that the proposed expan-
sion is consistent with the transportation, water, sewer
and stormwater drainage provisions of the approved
local comprehensive plan and local land development
regulations relating to those provisions.
Any owner or developer who intends to rely on this statu-
tory exemption shall provide to the department a copy
of the local government application for a development
permit. Within 45 days of receipt of the application, the
department shall render to the local government an advi-
sory and nonbinding opinion, in writing, stating whether,
in the department's opinion, the prescribed conditions
exist for an exemption under this paragraph. The local
government shall render the development order approv-
ing each such expansion to the department. The owner,
developer, or department may appeal the local govern-
ment development order pursuant to s. 380.07, within 45
days after the order is rendered. The scope of review


1212


(h 380


t-h 380






LAND AND WATER MANAGEMENT


shall be limited to the determination of whether the con-
ditions prescribed in this paragraph exist. If any sports
facility expansion undergoes development of regional
impact review, all previous expansions which were
f'"pt under this paragraph shall be included in the
C opment of regional impact review.
(25) AREAWIDE DEVELOPMENT OF REGIONAL
IMPACT.-
(a) An authorized developer may submit an area-
wide development of regional impact to be reviewed
pursuant to the procedures and standards set forth in
this section. The areawide development-of-regional-
impact review shall include an areawide development
plan in addition to any other information required by rule
pursuant to this section. After review and approval of an
areawide development of regional impact under this
section, all development within the defined planning
area shall conform to the approved areawide develop-
ment plan and development order. Individual develop-
ments that conform to the approved areawide develop-
ment plan shall not be required to undergo further devel-
opment-of-regional-impact review, unless otherwise
provided in the development order. As used in this sub-
section, the term:
1. "Areawide development plan" means a plan of
development that, at a minimum:
a. Encompasses a defined planning area approved
pursuant to this subsection that will include at least two
or more developments;
b. Maps and defines the land uses proposed,
including the amount of development by use and devel-
opment phasing;
c. Integrates a capital improvements program for
transportation and other public facilities to ensure devel-
opment staging contingent on availability of facilities
p4 services;
Incorporates land development regulation, cove-
nants, and other restrictions adequate to protect
resources and facilities of regional and state signifi-
cance; and
e. Specifies responsibilities and identifies the
mechanisms for carrying out all commitments in the
areawide development plan and for compliance with all
conditions of any areawide development order.
2. "Developer" means any person or association of
persons, including a governmental agency as defined in
s. 380.031(6), that petitions for authorization to file an
application for development approval for an areawide
development plan.
(b) The state land planning agency shall establish by
rule procedures and criteria for a developer to petition
for authorization to submit a proposed areawide devel-
opment of regional impact for a defined planning area.
At a minimum, the rules shall provide for:
1. A petition that shall be submitted to the local
government, the regional planning agency, and the
state land planning agency.
2. A public hearing or joint public hearing if required
by paragraph (e), with appropriate notice, before the
affected local government.
3. Criteria for evaluating a petition, including, but
not limited to:


a. Whether the developer is financially capable of
processing the application for development approval
through final approval pursuant to this section.
b. Whether the defined planning area and antici-
pated development therein appear to be of a character,
magnitude, and location that a proposed areawide
development plan would be in the public interest. The
rules shall specify that any public interest determination
under this criterion is preliminary and not binding on the
state land planning agency, regional planning agency,
or local government.
4. Standard forms for petitions and applications for
development approval for use under this subsection.
(c) Any person may submit a petition to a local gov-
ernment having jurisdiction over an area to be devel-
oped, requesting that government to approve that per-
son as a developer, whether or not any or all develop-
ment will be undertaken by that person, and to approve
the area as appropriate for an areawide development of
regional impact.
(d) A general purpose local government with juris-
diction over an area to be considered in an areawide
development of regional impact shall not have to petition
itself for authorization to prepare and consider an appli-
cation for development approval for an areawide devel-
opment plan. However, such a local government shall
initiate the preparation of an application only:
1. After scheduling and conducting a public hear-
ing as specified in paragraph (e); and
2. After conducting such hearing, finding that the
planning area meets the standards and criteria estab-
lished by the state land planning agency pursuant to
subparagraph (b)3. for determining that an areawide
development plan will be in the public interest.
(e) The local government shall schedule a public
hearing within 60 days after receipt of the petition. The
public hearing shall be advertised at least 30 days prior
to the hearing. In addition to the public hearing notice
by the local government, the petitioner, except when the
petitioner is a local government, shall provide actual
notice to each person owning land within the proposed
areawide development plan at least 30 days prior to the
hearing. If the petitioner is a local government, or local
governments pursuant to an interlocal agreement,
notice of the public hearing shall be provided by the
publication of an advertisement in a newspaper of gen-
eral circulation that meets the requirements of this para-
graph. The advertisement must be no less than one-
quarter page in a standard size or tabloid size newspa-
per, and the headline in the advertisement must be in
type no smaller than 18 point. The advertisement shall
not be published in that portion of the newspaper where
legal notices and classified advertisements appear. The
advertisement must be published in a newspaper of
general paid circulation in the county and of general
interest and readership in the community, not one of lim-
ited subject matter, pursuant to chapter 50. Whenever
possible, the advertisement must appear in a newspa-
per that is published at least 5 days a week, unless the
only newspaper in the community is published less than
5 days a week. The advertisement must be in substan-
tially the form used to advertise amendments to compre-
hensive plans pursuant to s. 163.3184. The local govern-


F.S. 1991


Ch. 380






Ch30LAND AND WATER MANAGEMENT FS 1


ment shall specifically notify in writing the regional plan-
ning agency and the state land planning agency at least
30 days prior to the public hearing. At the public hearing,
all interested parties may testify and submit evidence
regarding the petitioner's qualifications, the need for
and benefits of an areawide development of regional
impact, and such other issues relevant to a full consider-
ation of the petition. If more than one local government
has jurisdiction over the defined planning area in an
areawide development plan, the local governments shall
hold a joint public hearing. Such hearing shall address,
at a minimum, the need to resolve conflicting ordinances
or comprehensive plans, if any. The local government
holding the joint hearing shall comply with the following
additional requirements:
1. The notice of the hearing shall be published at
least 60 days in advance of the hearing and shall specify
where the petition may be reviewed.
2. The notice shall be given to the state land plan-
ning agency, to the applicable regional planning
agency, and to such other persons as may have been
designated by the state land planning agency as enti-
tled to receive such notices.
3. A public hearing date shall be set by the appro-
priate local government at the next scheduled meeting.
(f) Following the public hearing, the local govern-
ment shall issue a written order, appealable under s.
380.07, which approves, approves with conditions, or
denies the petition. It shall approve the petitioner as the
developer if it finds that the petitioner and defined plan-
ning area meet the standards and criteria, consistent
with applicable law, established by the state land plan-
ning agency.
(g) The local government shall submit any order
which approves the petition, or approves the petition
with conditions, to the petitioner, to all owners of prop-
erty within the defined planning area, to the regional
planning agency, and to the state land planning agency
within 30 days after the order becomes effective.
(h) The petitioner, an owner of property within the
defined planning area, the appropriate regional planning
agency by vote at a regularly scheduled meeting, or the
state land planning agency may appeal the decision of
the local government to the Florida Land and Water
Adjudicatory Commission by filing a notice of appeal
with the commission. The procedures established in s.
380.07 shall be followed for such an appeal.
(i) After the time for appeal of the decision has run,
an approved developer may submit an application for
development approval for a proposed areawide devel-
opment of regional impact for land within the defined
planning area, pursuant to subsection (6). Development
undertaken in conformance with an areawide develop-
ment order issued under this section shall not require
further development-of-regional-impact review.
(j) In reviewing an application for a proposed area-
wide development of regional impact, the regional plan-
ning agency shall evaluate, and the local government
shall consider, the following criteria, in addition to any
other criteria set forth in this section:
1. Whether the developer has demonstrated its
legal, financial, and administrative ability to perform any


commitments it has made in the application for a pro-
posed areawide development of regional impact.
2. Whether the developer has demonstrated that all
property owners within the defined planning area con-
sent or do not object to the proposed areawide develop-
ment of regional impact.
3. Whether the area and the anticipated develop-
ment are consistent with the applicable local, regional,
and state comprehensive plans, except as provided for
in paragraph (k).
(k) In addition to the requirements of subsection
(14), a development order approving, or approving with
conditions, a proposed areawide development of
regional impact shall specify the approved land uses
and the amount of development approved within each
land use category in the defined planning area. The
development order shall incorporate by reference the
approved areawide development plan. The local govern-
ment shall not approve an areawide development plan
that is inconsistent with the local comprehensive plan,
except that a local government may amend its compre-
hensive plan pursuant to paragraph (6)(b).
(I) Any owner of property within the defined plan-
ning area may withdraw his consent to the areawide
development plan at any time prior to local government
approval, with or without conditions, of the petition; and
the plan, the areawide development order, and the
exemption from development-of-regional-impact
review of individual projects under this section shall not
thereafter apply to the owner's property. After the area-
wide development order is issued, a landowner may
withdraw his consent only with the approval of the local
government.
(m) If the developer of an areawide development of
regional impact is a general purpose local government
with jurisdiction over the land area included within the
areawide development proposal and if no interest in the
land within the land area is owned, leased, or otherwise
controlled by a person, corporate or natural, for the pur-
pose of mining or beneficiation of minerals, then:
1. Demonstration of property owner consent or lack
of objection to an areawide development plan shall not
be required; and
2. The option to withdraw consent does not apply,
and all property and development within the areawide
development planning area shall be subject to the area-
wide plan and to the development order conditions.
(n) After a development order approving an area-
wide development plan is received, changes shall be
subject to the provisions of subsection (19), except that
the percentages and numerical criteria shall be double
those listed in paragraph (19)(b).
(26) ABANDONMENT OF DEVELOPMENTS OF
REGIONAL IMPACT.-The state land planning agency
is authorized to and shall commence rule promulgation
no later than July 1, 1990, to establish the process for
local governments to follow in the event a developer pro-
poses to abandon its development of regional impact.
Such rules shall include, but not be limited to, provisions
to ensure that the developer satisfies all applicable con-
ditions of the development order and adequately miti-
gates for the impacts of the development. The rules shall
also provide a procedure for filing notice of the abandon-


1214


Ch. 380


LAND AND WATER MANAGEMENT


F.S_ 1991






LAND AND WATER MANAGEMENT


ment pursuant to s. 28.222 with the clerk of the circuit
court for each county in which land covered by the terms
of the development order is located. Any decision by a
cal government concerning the abandonment of a
' 'elopment of regional impact shall be subject to an
.,ieal pursuant to s. 380.07. The issues in any such
appeal shall be confined to whether the provisions of
this subsection or any rules promulgated thereunder
have been satisfied.
History.-s. 6, ch. 72-317; s. 2, ch. 74-326; s. 5, ch. 75-167; s. 1, ch. 76-69; s.
2, ch. 77-215; s. 148, ch. 79-400; s. 3, ch. 80-313; s. 22, ch. 83-222; s. 4, ch. 83-308;
s. 1, ch. 84-331; s. 43, ch. 85-55; s. 15, ch. 86-191; s. 1, ch. 88-164; s. 1, ch. 89-375;
s. 1, ch. 89-536; s. 52, ch. 90-331; s. 20, ch. 91-192; s. 20. ch. 91-305; s. 1. ch.
91-309.
'Note.-Section 120.62(2) does not reference a 90-day time period.

380.061 The Florida Quality Developments pro-
gram.-
(1) There is hereby created the Florida Quality
Developments program. The intent of this program is to
encourage development which has been thoughtfully
planned to take into consideration protection of Florida's
natural amenities, the cost to local government of pro-
viding services to a growing community, and the high
quality of life Floridians desire. It is further intended that
the developer be provided, through a cooperative and
coordinated effort, an expeditious and timely review by
all agencies with jurisdiction over the project of his pro-
posed development.
(2) Developments which may be designated as Flor-
ida Quality Developments are those developments
which are above 80 percent of any numerical thresholds
in the guidelines and standards for development-of-
regional-impact review pursuant to s. 380.06.
(3)(a) T. .Il2L .. .. ... ..... -
jwm, the d_._l_,. i l. ... l


.Have donated or entered into a binding commit-
ment to --- "

am. ib.ibhm. In lieu of the above requirement, the
developer may enter into a binding commitment which
runs with the land to set aside such areas on the prop-
erty, in perpetuity, as open space to be retained in a nat-
ural condition or as otherwise permitted under this sub-
paragraph. Under the requirements of this subpara-
graph, the developer may reserve the right to use such
areas for the purpose of passive recreation which is
consistent with the purposes for which the land was pre-
served.
a. W ,within the jurisdiction
of the Department of Environmental Regulation pursuant
to s. 403.8171. The developer may use such areas for
the purpose of site access, provided other routes of
access are unavailable or impracticable; may use such
areas for the purpose of stormwater or domestic sewage
management and other necessary utilities to the extent
that such uses are permitted pursuant to chapter 403;
or may redesign or alter wetlands and water bodies
within the jurisdiction of the Department of Environmen-
tal Regulation which have been artificially created, if the
redesign or alteration is done so as to produce a more
naturally functioning system.


b. Active beach or primary and, where appropriate,
secondary dunes, to maintain the integrity of the dune
system and adequate public accessways to the beach.
However, the developer may retain the right to construct
and maintain elevated walkways over the dunes to pro-
vide access to the beach.
c. determined to be of
significance by the Division of Historical Resources of
the Department of State.
d. I I II

by the United States Fish and Wildlife Service or by the
Florida Game and Fresh Water Fish Commission, for
f Ic r a ; fior ti


e.
1 by the Department
of Agriculture and Consumer Services.
2.
by the United
States Environmental Protection Agency or by the
Department of Environmental Regulation or the Depart-
ment of Agriculture and Consumer Services. This sub-
paragraph is not intended to apply to the production of
these substances in nonsignificant amounts as would
occur through household use or incidental use by busi-
nesses.
3. Participate in a downtown reuse or redevelop-
ment program to improve and rehabilitate a declining
downtown area.
4.


except as activities in those waters are permitted pursu-
ant to s. 403.813(2) and the developer demonstrates
that those activities meet the standards under Class II
waters, Outstanding Florida Waters, or aquatic pre-
serves, as applicable.
5. I. _1s -' mr. se, r as tmoi Xeriscape
as defined in s. 373.185, and energy conservation and
.I :. .... ".... .. as appropriate to the
location and type of project.
6. .._ ..tm...... -t ....
.....ai min. e necessary to support the project
and enter into a binding commitment with local govern-
ment to provide an appropriate fair-share contribution
toward the offsite impacts which the development will
impose on publicly funded facilities and services, except
offsite transportation, and condition or phase the com-
mencement of development to ensure that public facili-
ties and services, except offsite transportation, will be
available concurrent with the impacts of the develop-
ment. For the purposes of offsite transportation impacts,
the developer shall comply, at a minimum, with the
standards of the state land planning agency's develop-
ment-of-regional-impact transportation rule, the
approved regional comprehensive plan, any applicable
regional planning council transportation rule, and the
approved local government comprehensive plan and
land development regulations adopted pursuant to part
II of chapter 163.
215


F.S. 1991


Ch. 380






Ch. 380 F.S. 1991


7. Design and construct the development in a man-
ner which is consistent with the adopted state plan, the
state land development plan, the applicable comprehen-
sive regional policy plan, and the applicable adopted
local government comprehensive plan.
(b) In addition to the foregoing requirements, the
developer shall
I g g ll I ... s the
gMas identified in the state comprehensive plan M

The developer is encouraged
to plan and design his development in an I-INe
ligg. These planning and design features may
include, but are not limited to, such things as a~%atle
hoi,'Yn, __ .I.- -.--I,.. -008dwy
t il, i lq, the I


M, provision for the ---: I --, provision
for
,. n-rt--......M9IA es, the


or community eco-
nomic development. These additional amenities will be
considered in determining whether the development
qualifies for designation under this program.
(4) The department shall adopt an application for
development designation consistent with the intent of
this section.
(5)(a) Before filing an application for development
designation, the developer shall contact the Department
of Community Affairs to -
r s. Upon
the request of the developer or any of the reviewing enti-
ties, other affected state or regional agencies shall par-
ticipate in this conference. The department, in coordina-
tion with the local government with jurisdiction and the
regional planning council, shall provide the developer
information about the Florida Quality Developments des-
ignation process and the use of preapplication confer-
ences to identify issues, coordinate appropriate state,
regional, and local agency requirements, fully address
any concerns of the local government, the regional plan-
ning council, and other reviewing agencies and the
meeting of those concerns, if applicable, through devel-
opment order conditions, and otherwise promote a
proper, efficient, and timely review of the proposed Flor-
ida Quality Development. The department shall take the
lead in coordinating the review process.
(b) The developer shall submit the application to the
state land planning agency, the appropriate regional
planning agency, and the appropriate local government
for review. The review shall be conducted under the time
limits and procedures set forth in s. 120.60, except that
the 90-day time limit shall cease to run when the state
land planning agency and the local government have
notified the applicant of their decision on whether the
development should be designated under this program.
(c) At any time prior to the issuance of the Florida
Quality Development development order, the developer
of a proposed Florida Quality Development shall have
the right to withdraw the proposed project from consid-


eration as a Florida Quality Development. The developer
may elect to convert the proposed project to a proposed
development of regional impact. The conversion shall be
in the form of a letter to the reviewing entities stating the
developer's intent to seek authorization for the develop-
ment as a development of regional impact under s.
380.06. If a proposed Florida Quality Development con-
verts to a development of regional impact, the developer
shall resubmit the appropriate application and the devel-
opment shall be subject to all applicable procedures
under s. 380.06, except that:
1. A preapplication conference held under para-
graph (a) satisfies the preapplication procedures
requirement under s. 380.06(7); and
2. If requested in the withdrawal letter, a finding of
completeness of the application under paragraph (a)
and s. 120.60 may be converted to a finding of suffi-
ciency by the regional planning council if such a conver-
sion is approved by the regional planning council.
The regional planning council shall have 30 days to
notify the developer if the request for conversion of com-
pleteness to sufficiency is granted or denied. If granted
and the application is found sufficient, the regional plan-
ning council shall notify the local government that a pub-
lic hearing date may be set to consider the development
for approval as a development of regional impact, and
the development shall be subject to all applicable rules,
standards, and procedures of s. 380.06. If the request
for conversion of completeness to sufficiency is denied,
the developer shall resubmit the appropriate application
for review and the development shall be subject to all
applicable procedures under s. 380.06, except as other-
wise provided in this paragraph.
(d) I
--_ _l _[ i_ i- t- t j i iL
the


MO ..... .. ... based
on recommendations by the local government and
regional planning council, and a certification that the
development is designated as one of Florida's Quality
Developments. .. ..



qSr. Upon designation, the development, as
approved, is exempt from development-of-regional-
impact review pursuant to s. 380.06.
(e)I
,the
Ial-


except as provided


in subsection (6) of this section.
(6)(a) In the event that the development is not desig-
nated under subsection (5), the developer may appeal
that determination to the Quality Developments Review
Board. The board shall consist of the secretary of the
state land planning agency, the secretary of the Depart-
ment of Environmental Regulation, the secretary of the
Department of Transportation, the executive director of
the Florida Game and Fresh Water Fish Commission, the


1216


Fl -- --


Ch. 380


LAND AND WATER MANAGEMENT


. S.F 1991






LAND AND AFTER MANAGEMENT C 8


executive director of the Department of Natural
Resources, the executive director of the appropriate
water management district created pursuant to chapter
373, and the chief executive officer of the appropriate
.pLal government. When there is a significant historical
archaeological site within the boundaries of a devel-
opment which is appealed to the board, the director of
the Division of Historical Resources of the Department
of State shall also sit on the board. The staff of the state
land planning agency shall serve as staff to the board.
(b) The board shall meet once each quarter of the
year. However, a meeting may be waived if no appeals
are pending.
(c) On appeal, the sole issue shall be whether the
development meets the statutory criteria for designation
under this program. An affirmative vote of at least five
members of the board, including the affirmative vote of
the chief executive officer of the appropriate local gov-
ernment, shall be necessary to designate the develop-
ment by the board.
(d) The state land planning agency shall adopt pro-
cedural rules for consideration of appeals under this
subsection.
(7)(a) The development order issued pursuant to
this section is enforceable in the same manner as a
development order issued pursuant to s. 380.06.
(b) Appeal of a development order issued pursuant
to this section shall be available only pursuant to s.
380.07.
(8)(a) Any local government comprehensive plan
amendments related to a Florida Quality Development
may be initiated by a local planning agency and consid-
ered by the local governing body at the same time as the
application for development approval, using the proce-
dures provided for local plan amendment in s. 163.3187
,nd applicable local ordinances, without regard to statu-
y or local ordinance limits on the frequency of consid-
.,ation of amendments to the local comprehensive plan.
Nothing in this subsection shall be construed to require
favorable consideration of a Florida Quality Develop-
ment solely because it is related to a development of
regional impact.
(b) The department shall adopt, by rule, standards
and procedures necessary to implement the Florida
Quality Developments program.
History.-s. 44, ch. 85-55; s 65. ch. 86-163; s. 17, ch. 86-191; s. 2. ch. 88-164;
s. 2. ch. 89-375; s. 2, ch. 89-536; s. 4, ch. 91-41; s. 4, ch. 91-68.

380.065 Certification of local government review of
development.-
(1) By petition to the Administration Commission, a
local government may request certification to review
developments of regional impact that are located within
the jurisdiction in lieu of the regional review require-
ments set forth in s. 380.06. Such petitions shall not be
accepted by the commission until the state comprehen-
sive plan and the regional comprehensive policy plan
have been adopted pursuant to chapter 186. To demon-
strate the practicality of that certification program, the
department shall work with at least one regional plan-
ning council where certification is desirable and feasible
to have its comprehensive regional policy plan available
for presentation to the Legislature no later than March


1, 1986. Once certified, the development-of-regional-
impact provisions of s. 380.06 shall not be applicable
within such jurisdiction.
(2) When a petition is filed, the state land planning
agency shall have no more than 90 days to prepare and
submit to the Administration Commission a report and
recommendations on the proposed certification. In
deciding whether to grant certification, the Administra-
tion Commission shall determine whether the following
criteria are being met:
(a) The petitioning local government has adopted
and effectively implemented a local comprehensive plan
and development regulations which comply with ss.
163.3161-163.3215, the Local Government Comprehen-
sive Planning and Land Development Regulation Act.
(b) The local government's comprehensive plan is
consistent with the adopted state comprehensive plan
and adopted regional comprehensive policy plans appli-
cable to the local governmental jurisdiction.
(c) The local government has adopted land develop-
ment regulations and a capital improvements program
which are consistent with and effectively implement the
local comprehensive plan and which provide that no
development order may be approved until adequate pro-
vision has been made for the services and infrastructure
necessary to support the development.
(d) The local government has authority for, and has
established an effective mechanism for, resolving great-
er-than-local impacts of developments.
(e) The local government comprehensive plan pro-
vides for effective intergovernmental coordination,
including a method to address any significant incompat-
ibilities between and among local government compre-
hensive plans where implementation of such incompati-
ble plan would result in a substantial adverse effect on
the citizens of another local government.
(f) The local government has adopted procedures
which permit orderly local citizen participation in at least
one public hearing held during the local government
review process.
(g) The local government has adequate review pro-
cedures and the financial and staffing resources neces-
sary to assume responsibility for adequate review of
developments.
(h) The local government has a record of effectively
monitoring and enforcing compliance with development
orders, permits, and this chapter.
(3) Development orders issued pursuant to this sec-
tion are subject to the provisions of s. 380.07; however,
a certified local government's findings of fact and con-
clusions of law are presumed to be correct on appeal.
The grounds for appeal of a development order issued
by a certified local government under this section shall
be limited to:
(a) Inconsistency with the local government's com-
prehensive plan or land use regulations.
(b) Inconsistency with the state land development
plan and the state comprehensive plan.
(c) Inconsistency with any regional standard or pol-
icy identified in an adopted regional comprehensive pol-
icy plan for use in reviewing a development of regional
impact.


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(d) Whether the public facilities meet or exceed the
standards established in the capital improvements plan
required by s. 163.3177 and will be available when
needed for the proposed development, or that develop-
ment orders and permits are conditioned on the avail-
ability of the public facilities necessary to serve the pro-
posed development. Such development orders and per-
mit conditions shall not allow a reduction in the level of
service for affected regional public facilities below the
level of services provided in the adopted comprehensive
regional policy plan.
(4) After a local government has been certified to
conduct development-of-regional-impact review, that
review responsibility may be revoked by the Administra-
tion Commission upon a determination, subject to the
provisions of s. 120.57, that one or more of the criteria
specified in subsection (2) are not being met.
(5) Upon revocation of certification, developments of
regional impact shall be reviewed by the regional plan-
ning agency designated development-of-regional-
impact review responsibilities for the region in which the
local government is located, pursuant to s. 380.06.
(6) The Administration Commission shall adopt rules
to implement this section.
(7) A county may petition to conduct development-
of-regional-impact review within a municipality if
approved by the municipality or so provided in the
county charter or a special act.
(8) Nothing contained herein shall abridge or modify
any vested or other rights or any obligations pursuant to
any development order which are now applicable to
developments of regional impact.
(9) A development of regional impact with pending
applications for development approval may elect to con-
tinue such review pursuant to s. 380.06.
(10) The department shall submit an annual progress
report to the President of the Senate and the Speaker
of the House of Representatives by March 1 on the certi-
fication of local governments, stating which local govern-
ments have been certified. For those local governments
which have applied for certification but for which certifi-
cation has been denied, the department shall specify
the reasons certification was denied.
History.-s. 45, ch. 85-55.

380.0651 Statewide guidelines and standards.-
(1) The statewide guidelines and standards for
developments required to undergo development-of-
regional-impact review provided in this section super-
sede the statewide guidelines and standards previously
adopted by the Administration Commission that address
the same development. Other standards and guidelines
previously adopted by the Administration Commission,
including the residential standards and guidelines, shall
not be superseded. The guidelines and standards shall
be applied in the manner described in s. 380.06(2)(a).
(2) The Administration Commission shall publish the
statewide guidelines and standards established in this
section in its administrative rule in place of the guide-
lines and standards that are superseded by this act,
without the proceedings required by s. 120.54 and not-
withstanding the provisions of s. 120.545(1)(c). The
Administration Commission shall initiate rulemaking pro-


ceedings pursuant to s. 120.54 to make all other techni-
cal revisions necessary to conform the rules to this act.
Rule amendments made pursuant to this subsection
shall not be subject to the requirement for legislative
approval pursuant to s. 380.06(2).
(3) The following statewide guidelines and stand-
ards shall be applied in the manner described in s.
380.06(2) to determine whether the following develop-
ments shall be required to undergo development-of-
regional-impact review:
(a) Airports.-
1. Any of the following airport construction projects
shall be presumed to be a development of regional
impact:
a. A new commercial service or general aviation air-
port with paved runways.
b. A new commercial service or general aviation
paved runway.
c. A new passenger terminal facility.
2.a. Expansion of an existing runway or terminal facil-
ity by 25 percent or more on a commercial service airport
or a general aviation airport with regularly scheduled
flights shall be presumed to be a development of
regional impact.
b. For the purpose of this section, runway expan-
sion shall include strengthening the runway when the
strengthening will result in an increase in aircraft size or
the addition of jet aircraft utilizing the airport.
3. Any airport development project which is pro-
posed for safety, repair, or maintenance reasons alone
and would not have the potential to increase or change
existing types of aircraft activity shall not be presumed
to be a development of regional impact.
(b) Attractions and recreation facilities.-Any
sports, entertainment, amusement, or recreation facility,
including, but not limited to, a sports arena, stadium,
racetrack, tourist attraction, amusement park, or pari-
mutuel facility, the construction or expansion of which:
1. For single performance facilities:
a. Provides parking spaces for more than 2,500
cars; or
b. Provides more than 10,000 permanent seats for
spectators.
2. For serial performance facilities:
a. Provides parking spaces for more than 1,000
cars; or
b. Provides more than 4,000 permanent seats for
spectators.
For purposes of this subsection, "serial performance
facilities" means those using their parking areas or per-
manent seating more than one time per day on a regular
or continuous basis.
(c) Industrial plants, industrial parks, and distribu-
tion, warehousing or wholesaling facilities.-Any pro-
posed industrial, manufacturing, or processing plant, or
distribution, warehousing, or wholesaling facility,
excluding wholesaling developments which deal primar-
ily with the general public onsite, under common owner-
ship, or any proposed industrial, manufacturing, or pro-
cessing activity or distribution, warehousing, or whole-
saling activity, excluding wholesaling activities which
deal primarily with the general public onsite, which:


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F.S.199 LAN AN WATR MNAGEENTCh. 380


1. Provides parking for more than 2,500 motor vehi-
cles; or
2. Occupies a site greater than 320 acres.
(d) Office development.-Any proposed office
building or park operated under common ownership,
velopment plan, or management that:
1. Encompasses 300,000 or more square feet of
gross floor area; or
2. Has a total site size of 30 or more acres; or
3. Encompasses more than 600,000 square feet of
gross floor area in a county with a population greater
than 500,000 and only in a geographic area specifically
designated as highly suitable for increased threshold
intensity in the approved local comprehensive plan and
in the comprehensive regional policy plan.
(e) Port facilities.-The proposed construction of
any waterport or marina is required to undergo develop-
ment-of-regional-impact review, except one designed
for:
1.a. The wet storage or mooring of fewer than 150
watercraft used exclusively for sport, pleasure, or com-
mercial fishing, or
b. The dry storage of fewer than 200 watercraft
used exclusively for sport, pleasure, or commercial fish-
ing, or
c. The wet or dry storage or mooring of fewer than
400 watercraft used exclusively for sport, pleasure, or
commercial fishing with all necessary approvals pursu-
ant to chapters 253, 373, and 403 and located outside
Outstanding Florida Waters and Class II waters.
In addition to the foregoing, the Department of Natural
Resources must determine in writing that the marina is
located so that it will not adversely impact Outstanding
Florida Waters or Class II waters and will not contribute
boat traffic in a manner that will have an adverse impact
on an area known to be, or likely to be, frequented by
/1'anatees. The Department of Natural Resources deter-
ination shall constitute final agency action pursuant to
chapter 120.
2. The dry storage of fewer than 300 watercraft
used exclusively for sport, pleasure, or commercial fish-
ing at a marina constructed and in operation prior to July
1, 1985.
3. Any proposed marina development with both
wet and dry mooring or storage used exclusively for
sport, pleasure, or commercial fishing, where the sum of
percentages of the applicable wet and dry mooring or
storage thresholds equals 100 percent. This threshold
is in addition to, and does not preclude, a development
from being required to undergo development-of-
regional-impact review under sub-subparagraphs 1.a.
and 1.b. and subparagraph 2.
(f) Retail and service development.-Any proposed
retail, service, or wholesale business establishment or
group of establishments which deals primarily with the
general public onsite, operated under one common
property ownership, development plan, or management
that:
1. Encompasses more than 400,000 square feet of
gross area;
2. Occupies more than 40 acres of land; or
3. Provides parking spaces for more than 2,500
cars.


(g) Hotel or motel development.-
1. Any proposed hotel or motel development that is
planned to create or accommodate 350 or more units; or
2. Any proposed hotel or motel development that is
planned to create or accommodate 750 or more units, in
a county with a population greater than 500,000, and
only in a geographic area specifically designated as
highly suitable for increased threshold intensity in the
approved local comprehensive plan and in the compre-
hensive regional policy plan.
(h) Recreational vehicle development.-Any pro-
posed recreational vehicle development planned to
create or accommodate 500 or more spaces.
(i) Multiuse development.-Any proposed develop-
ment with two or more land uses where the sum of the
percentages of the appropriate thresholds identified in
chapter 28-24, Florida Administrative Code, or this sec-
tion for each land use in the development is equal to or
greater than 145 percent. Any proposed development
with three or more land uses, one of which is residential
and contains at least 100 dwelling units or 15 percent of
the applicable residential threshold, whichever is
greater, where the sum of the percentages of the appro-
priate thresholds identified in chapter 28-24, Florida
Administrative Code, or this section for each land use in
the development is equal to or greater than 160 percent.
This threshold is in addition to, and does not preclude,
a development from being required to undergo develop-
ment-of-regional-impact review under any other
threshold.
(j) Residential development.-No rule may be
adopted concerning residential developments which
treats a residential development in one county as being
located in a less populated adjacent county unless more
than 25 percent of the development is located within 2
or less miles of the less populated adjacent county.
'(4) Two or more developments, represented by their
owners or developers to be separate developments,
shall be aggregated and treated as a single develop-
ment under this chapter when they are determined to be
part of a unified plan of development and are physically
proximate to one other.
(a) The criteria of two of the following subpara-
graphs must be met in order for the state land planning
agency to determine that there is a unified plan of devel-
opment:
1.a. The same person has retained or shared control
of the developments;
b. The same person has ownership or a significant
legal or equitable interest in the developments; or
c. There is common management of the develop-
ments controlling the form of physical development or
disposition of parcels of the development.
2. There is a reasonable closeness in time between
the completion of 80 percent or less of one development
and the submission to a governmental agency of a mas-
ter plan or series of plans or drawings for the other devel-
opment which is indicative of a common development
effort.
3. A master plan or series of plans or drawings
exists covering the developments sought to be aggre-
gated which have been submitted to a local general pur-
pose government, water management district, the Flor-


F.S. 1991


LAND AND WATER MANAGEMENT


Ch. 380






-.. -.... .. -. .. .... .. . ... ... | .


ida Department of Environmental Regulation, the Florida
Department of Natural Resources, or the Division of Flor-
ida Land Sales, Condominiums, and Mobile Homes for
authorization to commence development. The existence
or implementation of a utility's master utility plan
required by the Public Service Commission or general
purpose local government or a master drainage plan
shall not be the sole determinant of the existence of a
master plan.
4. The voluntary sharing of infrastructure that is
4t indicative of a common development effort or is desig-
nated specifically to accommodate the developments
sought to be aggregated, except that which was imple-
mented because it was required by a local general pur-
pose government, water management district, the Flor-
ida Department of Environmental Regulation, the Florida
Department of Natural Resources, the Division of Florida
Land Sales, Condominiums, and Mobile Homes, or the
Public Service Commission.
5. There is a common advertising scheme or pro-
motional plan in effect for the developments sought to
be aggregated.
(b) The following activities or circumstances shall
not be considered in determining whether to aggregate
two or more developments:
1. Activities undertaken leading to the adoption or
amendment of any comprehensive plan element
described in part II of chapter 163.
2. The sale of unimproved parcels of land, where
the seller does not retain significant control of the future
development of the parcels.
3. The fact that the same lender has a financial
interest, including one acquired through foreclosure, in
two or more parcels, so long as the lender is not an
active participant in the planning, management, or
development of the parcels in which it has an interest.
4. Drainage improvements that are not designed to
accommodate the types of development listed in the
guidelines and standards contained in or adopted pur-
suant to this chapter or which are not designed specifi-
cally to accommodate the developments sought to be
aggregated.
(c) Aggregation is not applicable when the following
circumstances and provisions of this chapter are appli-
cable:
1. Developments which are otherwise subject to
aggregation with a development of regional impact
which has received approval through the issuance of a
final development order shall not be aggregated with the
approved development of regional impact. However,
nothing contained in this subparagraph shall preclude
the state land planning agency from evaluating an alleg-
edly separate development as a substantial deviation
pursuant to s. 380.06(19) or as an independent develop-
ment of regional impact.
2. Two or more developments, each of which is
independently a development of regional impact that
has or will obtain a development order pursuant to s.
380.06.
3. Completion of any development that has been
vested pursuant to s. 380.05 or s. 380.06, including
vested rights arising out of agreements entered into with
the state land planning agency for purposes of resolving


vested rights issues. Development-of-regional-impact
review of additions to vested developments of regional
impact shall not include review of the impacts resulting
from the vested portions of the development.
4. The developments sought to be aggregated
were authorized to commence development prior to
September 1, 1988, and could not have been required
to be aggregated under the law existing prior to that
date.
(d) The provisions of this subsection shall be applied
prospectively from September 1, 1988. Written deci-
sions, agreements, and binding letters of interpretation
made or issued by the state land planning agency prior
to July 1, 1988, shall not be affected by this subsection.
(e) In order to encourage developers to design,
finance, donate, or build infrastructure, public facilities,
or services, the state land planning agency may enter
into binding agreements with two or more developers
providing that the joint planning, sharing, or use of speci-
fied public infrastructure, facilities, or services by the
developers shall not be considered in any subsequent
determination of whether a unified plan of development
exists for their developments. Such binding agreements
may authorize the developers to pool impact fees or
impact-fee credits, or to enter into front-end agree-
ments, or other financing arrangements by which they
collectively agree to design, finance, donate, or build
such public infrastructure, facilities, or services. Such
agreements shall be conditioned upon a subsequent
determination by the appropriate local government of
consistency with the approved local government com-
prehensive plan and land development regulations.
Additionally, the developers must demonstrate that the
provision and sharing of public infrastructure, facilities,
or services is in the public interest and not merely for the
benefit of the developments which are the subject of the
agreement. Developments that are the subject of an
agreement pursuant to this paragraph shall be aggre-
gated if the state land planning agency determines that
sufficient aggregation factors are present to require
aggregation without considering the design features,
financial arrangements, donations, or construction that
are specified in and required by the agreement.
(f) Pursuant to chapter 120, the state land planning
agency shall adopt rules as necessary to implement this
subsection.
History.-s. 46. ch. 85-55; s. 16, ch. 86-191; s. 3, ch. 88-164; s. 3, ch 89-375;
s. 3. ch. 89-536.
'Note.-Expires October 1, 1993, pursuant to s. 3, ch. 88-164, and is scheduled
for review by the Legislature.

380.0661 Legislative intent.-It is hereby declared
that the intent of the Legislature is:
(1) To provide a mechanism to equitably deal with
the challenges of implementing comprehensive land use
plans developed pursuant to the area of critical state
concern program, which challenges are often compli-
cated by the environmental sensitivity of such areas.
(2) To provide the mechanism referred to in subsec-
tion (1) by creation of a body politic which would have
a stable funding source and the flexibility to address
plan implementation innovatively and by acting as an
intermediary between individual landowners and the
governmental entities regulating land use.
History.-s 1, ch. 86-170


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LAND AND WATER MbNdGEMEhlT


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F.S. 1991LADADWIHMrAmu. uD


380.0662 Definitions.-As used in this act, unless
the context indicates a different meaning or intent:
(1) "Land authority" means the land authority cre-
ated by a county pursuant to this act.
(2) "State" means the State of Florida.
?0'9) "Bonds" means any bonds, debentures, notes, or
jr evidences of financial indebtedness issued on
behalf of the land authority pursuant to this act.
(4) "Local government" means a unit of local general
purpose government as defined in s. 218.31(2).
(5) "Project" means any work or improvement to real
property, buildings, and any other property located in an
area of critical state concern.
(6) "Real property" means all lands located in an area
of critical state concern, including improvements and fix-
tures thereon and property of any nature appurtenant
thereto or used in connection therewith, and every
estate, interest, and right, legal or equitable, therein,
including terms of years and liens by way of judgment,
mortgage, or otherwise and the indebtedness secured
by such liens.
(7) "State Bond Act" means ss. 215.57-215.83, as
the same may be amended from time to time.
(8) "State Board of Administration" means the State
Board of Administration created by and referred to in s.
9, Art. XII of the State Constitution.
(9) "Division" means the Division of Bond Finance of
the Department of General Services.
(10) "Pledged revenues" means revenues to be
derived from s. 125.0108 or s. 380.0685, and any other
revenues or assets that may be legally available to pay
the principal of, redemption premium if any on, insur-
ance and cash reserves for, and interest on the bonds
derived from sources other than ad valorem taxation,
including revenues from other sources or any combina-
tion thereof; however, in no event shall the full faith and
el*>dit of the state or any local government other than the
d authority be pledged to secure such revenue
bonds.
(11) "Authorized investments" means and includes
any of the following securities:
(a) Direct obligations of, or obligations guaranteed
by, the United States of America.
(b) Bonds, debentures, notes, or other evidences of
indebtedness issued by any of the following: Bank for
Cooperatives; federal intermediate credit banks; federal
home loan banks; Export-Import Bank of the United
States; federal land banks; Federal National Mortgage
Association; Government National Mortgage Associa-
tion; Federal Financing Bank; Small Business Adminis-
tration; or any other agency or instrumentality of the
United States of America, created by an Act of Con-
gress, substantially similar to the foregoing in its legal
relationship to the United States of America.
(c) Public housing bonds issued by public housing
agencies and fully secured as to the payment of both
principal and interest by a pledge of annual contribu-
tions under an annual contributions contract or con-
tracts with the United States of America, and temporary
notes, preliminary loan notes, or project notes issued by
public housing agencies, in each case fully secured as
to the payment of both principal and interest by a requi-


sition or payment agreement with the United States of
America.
(d) Interest-bearing time or demand deposits, certif-
icates of deposit, or other similar banking arrangements
with any bank, trust company, national banking associa-
tion, or other depository institution, including any trustee
or other fiduciary with respect to the bonds of the land
authority, provided:
1. The deposits, certificates, and other arrange-
ments are insured to the satisfaction of the land author-
ity by the Federal Deposit Insurance Corporation or the
Federal Savings and Loan Insurance Corporation;
2. The depository institution has combined capital
and surplus of at least $10 million and the deposits, cer-
tificates, and other arrangements are fully secured by
obligations described in paragraphs (a) through (c),
inclusive, or a combination thereof; or
3. The depository institution has combined capital
and surplus of at least $25 million.
(e) Contracts for the purchase and sale of obliga-
tions described in paragraphs (a) and (b), provided that
if the parties with which the contracts are made are not
members of the Federal Reserve System or if the par-
ties, including members of the Federal Reserve System,
are not required to set aside and otherwise identify, to
the satisfaction of the agency, obligations described in
paragraph (a) or paragraph (b) to such contracts as
security or reserve therefore in an amount at least equal
to the face value of each contract, the obligations shall
be delivered to and held by a trustee or other fiduciary
with respect to the bonds of the agency during the term
of the contracts.
History.-s. 1. ch. 86-170; s. 4, ch. 88-164.

380.0663 Land authority; creation, membership,
expenses.-
(1) Each county in which one or more areas of critical
state concern are located is authorized to create, by
ordinance, a public body corporate and politic, to be
known as a land authority, which may be renamed by
the governing board of the county. The governing body
of the land authority shall be the governing board of the
county. For the purposes of this act, the governing body
of the land authority shall be referred to individually or
collectively as the members or membership of the land
authority, whichever is appropriate.
(2) The chairman and a vice chairman shall be
elected annually by the members of the land authority.
The membership of the land authority may also desig-
nate and elect any additional officers as may be deemed
necessary in order to carry out the responsibilities pur-
suant to this act.
(3) Members of the land authority shall receive no
compensation for services but shall be entitled to neces-
sary expenses, including per diem and travel expenses,
incurred in the discharge of official duties as provided
by law.
History.-s. 1, ch. 86-170.

380.0664 Quorum; voting; meetings.-The powers
of the land authority shall be vested in its members in
office from time to time. A majority of the members of the
land authority eligible to vote shall constitute a quorum
for the purpose of conducting its business and exercis-


1221


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LAND AND WAI tH MANAUi.McM I


'so. us






...LAND AND WATER MANAGEMENT F.S 191


ing its powers and for all other purposes. Action may be
taken by the land authority upon an affirmative vote of
a majority of the members present and eligible to vote;
however, no action shall be taken by an affirmative vote
of less than a majority of the total membership. Meetings
shall be held at the call of the chairman or any three
members.
History.-s. 1, ch. 86-170.

380.0665 Executive director; agents and employ-
ees.-The appointment and removal of an executive
director shall be by the members of the land authority.
The executive director shall subsequently employ legal
and technical experts and such other agents and
employees, permanent and temporary, as the land
authority may require.
History.-s. 1, ch. 86-170.

380.0666 Powers of land authority.-The land
authority shall have all the powers necessary or conve-
nient to carry out and effectuate the purposes and provi-
sions of this act, including the following powers, which
are in addition to all other powers granted by other provi-
sions of this act:
(1) To sue and be sued; to have a seal, to alter the
same at pleasure, and to authorize the use of a facsimile
thereof; and to make and execute contracts and other
instruments necessary or convenient to the exercise of
the powers of the land authority.
(2) To undertake and carry out studies and analyses
of county land planning needs within areas of critical
state concern and ways of meeting those needs.
(3) To acquire and dispose of real and personal
property or any interest therein when such acquisition
is necessary or appropriate to protect the natural envi-
ronment, provide public access or public recreational
facilities, preserve wildlife habitat areas, provide afford-
able housing to very low-income, low-income, or mod-
erate-income persons, as defined in s. 420.0004, or pro-
vide access to management of acquired lands; to
acquire interests in land by means of land exchanges;
and to enter into all alternatives to the acquisition of fee
interests in land, including, but not limited to, the acqui-
sition of easements, development rights, life estates,
leases, and leaseback arrangements. However, the land
authority shall make such acquisition only if:
(a) Such acquisition is consistent with land develop-
ment regulations and local comprehensive plans
adopted and approved pursuant to this chapter;
(b) The property acquired is within an area desig-
nated as an area of critical state concern at the time of
acquisition; and
(c) The property to be acquired has not been pur-
chased within 1 year after being selected for purchase
through another local, regional, state, or federal public
land acquisition program.
(4) To borrow money through the issuance of bonds
for the purposes provided in this act, to provide for and
secure the payment thereof, and to provide for the rights
of the holders thereof.
(5) To purchase bonds of the land authority out of
any funds or moneys of the land authority available
therefore and to hold, cancel, or resell such bonds.


(6) To invest any funds held in reserves or sinking
funds, or any funds not required for immediate disburse-
ment, in such investments as may be authorized for
trust funds under s. 215.47, and in any authorized invest-
ments, if such investments are made on behalf of the
land authority by the State Board of Administration or by
another trustee appointed for that purpose.
(7) To contract for and to accept gifts, grants, loans,
or other aid from the United States Government or any
person or corporation, including gifts of real property or
any interest therein.
(8) To insure and procure insurance against any loss
in connection with any bonds of the land authority and
the land authority's operations, including without limita-
tion:
(a) The repayment of any loans to mortgage lenders
or mortgage loans;
(b) Any project;
(c) Any bonds of the land authority;
in such amounts and from such insurers, including the
Federal Government, as it may deem necessary or desir-
able and to pay any premiums therefore.
(9) To make rules pursuant to the provisions of chap-
ter 120 necessary to carry out the purposes of this act
and to exercise any power granted in this act.
(10) To engage the services of private consultants on
a contract basis for rendering professional and technical
assistance and advice.
(11) To make and execute agreements, contracts,
and other instruments necessary or convenient in the
exercise of the powers and functions of the land author-
ity under this act, including contracts with any person,
firm, corporation, local government, or other entity; and
all local governments established under the laws of the
state are hereby authorized to enter into and do all
things necessary to perform such contracts and other-
wise cooperate with the land authority to facilitate the
accomplishment of the purposes of this act.
(12) To undertake any actions necessary to conduct
a feasibility and design study for a solid waste manage-
ment facility in an area of critical state concern and, if
such project is feasible, to carry out such project.
(13) To identify parcels of land within the area or
areas of critical state concern that would be appropriate
acquisitions by the state from the Conservation and Rec-
reational Lands Trust Fund and recommend such acqui-
sitions to the advisory council established pursuant to
s. 259.035.
(14) To do any and all things necessary or convenient
to carry out the purposes of, and exercise the powers
given and granted in, this act.
History.-s. 1, ch, 86-170; s. 5, ch. 88-164; s. 3, ch. 88-376; s. 15. ch 89-116.

380.0667 Advisory committee; acquisitions.-
(1) The land authority shall establish an advisory
committee which shall make recommendations regard-
ing land acquisition to the land authority in accordance
with the criteria set forth in this act. The advisory com-
mittee shall be composed of five members appointed by
the land authority. The members shall serve 3-year
terms, except that the initial terms may be for 1 or 2
years in order for terms to be staggered. The advisory


LAND AND WATER MANAGEMENT


1
F.S~ 1P91


:


Ch. 380






F.S 11 LAND AND WATER MANAGEMENT


committee'shall by resolution recommend acquisitions
by presenting the land authority, at the time specified by
the land authority, a list of proposed acquisitions in order
of recommended priority.
- (2) The advisory committee shall prioritize land
acquisitions each year according to the following:
(a) Any parcel of undeveloped land for which an
option to purchase pursuant to paragraph (b) is given to
the land authority prior to January 15, 1987, shall be
given priority over all other acquisitions for which no
such option is given, with further priority given to parcels
of land that would have been developable but for the
adoption of the approved comprehensive plan and land
development regulations under s. 380.05.
(b) To qualify as an option under paragraph (a), such
option shall:
1. Be for a period of at least 1 year.
2. Offer to sell for a net price to the offeror of no
more than 115 percent of the property appraiser's last
assessment prior to June 1, 1986, or, alternatively, offer
to sell at no more than appraised value if approved by
the property appraiser, if the appraiser is selected by
the land authority and reimbursed by the offeror.
3. Contain a provision allowing the offeror to retain
his priority, if the option is not executed within the term
of the option, by renewing said option for one or more
similar terms.
(3) The land authority shall approve the list of acqui-
sitions, in whole or in part, in the order of priority recom-
mended by the advisory committee. Acquisitions shall
be made in the approved order of priority to the greatest
extent possible.
History.-s. 1, ch. 86-170; s. 6, ch. 88-164.

380.0668 Bonds; purpose, terms, approval, limita-
tions.-
o- (1) The issuance of revenue bonds to provide suffi-
cient funds to achieve the purposes of this act; pay inter-
est on bonds; pay expenses incident to the issuance
and sale of any bond issued pursuant to this act, includ-
ing costs of validating, printing, and delivering the
bonds, printing the official statement, publishing notices
of sale of the bonds, and related administrative
expenses; and pay all other capital expenditures of the
land authority incident to and necessary or convenient
to carry out the purposes and powers granted by this
act is authorized, subject and pursuant to the provisions
of the State Constitution and the applicable provisions
of this act and of the State Bond Act. Revenue bonds
issued pursuant to this act shall be payable solely from
pledged revenues.
(2) All such bonds shall be issued on behalf of the
land authority and in the name of the land authority by
the Division of Bond Finance from time to time, as pro-
vided by the State Bond Act, with a term of not more
than 45 years and, except as otherwise provided herein,
in such principal amounts as shall be necessary to pro-
vide sufficient funds to achieve the purposes of the land
authority in carrying out this act and purposes incident
thereto.
(3) There shall be established a debt service reserve
account in an amount at least equal to the greatest
amount of principal and interest to become due on such


issue in any ensuing state fiscal year or an amount at
least equal to an average of the annual principal and
interest, all as may be determined by the Division of
Bond Finance; except that a reserve of a lesser amount
may be established if the land authority, with the concur-
rence of the Division of Bond Finance, determines that
such reserve, if any, will adequately protect the interests
of bondholders. The land authority, with the concur-
rence of the division, is authorized to provide the use of
an insurance policy or letter of credit in lieu of a debt ser-
vice reserve account.
(4)(a) The provisions of the State Bond Act, includ-
ing, without limitation, the definitions contained therein,
shall be applicable to all bonds issued pursuant to this
act, when not in conflict with the provisions hereof; how-
ever, the basis of award of sale of such bonds may be
either the net interest cost or the true or effective inter-
est cost, as set forth in the resolution authorizing the
sale of such bonds. In cases of conflict, the provisions
of this act shall be controlling. Solely for purposes of the
State Bond Act, a land authority shall be defined as a
state agency.
(b) In actions to validate such bonds pursuant to
chapter 75, the complaint shall be filed in the Circuit
Court of Leon County, the notice required by s. 75.06
shall be published in newspapers of general circulation
in Leon County and the county in which the area or areas
of critical state concern involved are located, and the
complaint and order of the court shall be served on the
state attorney of the Second Judicial Circuit and the cir-
cuit in which the area or areas of critical state concern
involved are located.
(5) Any resolution or resolutions authorizing any
bonds issued on behalf of the land authority may contain
provisions, without limitation, which shall be a part of the
contract or contracts with the holders thereof, as to:
(a) Pledging all or any part of the income or revenues
of the land authority to secure the payment of bonds or
of any issue thereof, subject to such agreements with
holders of bonds as may then exist.
(b) Pledging all or any part of the income or revenues
generated by a solid waste management facility to
secure the payment of bonds or of any issue thereof,
subject to such agreements with holders of bonds as
may then exist.
(c) The procedure, if any, by which the terms of any
contract with holders of bonds may be amended or
abrogated, the amount of bonds the holders of which
must consent thereto, and the manner in which such
consent may be given.
(d) Vesting in a trustee or trustees such property,
rights, powers, and duties in trust as the resolution may
determine, which may include any or all of the rights,
powers, and duties of the trustee appointed by the hold-
ers of bonds pursuant to this act, and limiting or abrogat-
ing the right of holders of bonds to appoint a trustee
under this act or limiting the rights, powers, and duties
of such trustee.
(e) Defining the acts or omissions to act which shall
constitute a default in the obligations and duties of the
land authority to the holders of bonds in providing for the
rights and remedies of holders of bonds in the event of
such default, including, as a matter of right, the appoint-


FIS. 1991


LAND AND WATER UANAGEIIIIENT


Ch. 380




LAND AND WATEF


ment of a receiver; provided such rights and remedies
shall not be inconsistent with the general laws of the
state and the other provisions of this act.
(f) Any other matters of like or different character
which in any way affect the security or protection of
holders of bonds.
(6)(a) The bonds issued on behalf of the land author-
ity shall be sold at public sale in the manner provided by
the State Bond Act. However, if the division shall by res-
olution determine that a negotiated sale of the bonds is
in the best interest of the land authority, the division may
negotiate for sale of the bonds with the underwriter or
underwriters designated by the division. In the resolution
authorizing the negotiated sale, the division shall pro-
vide specific findings as to the reasons for the negoti-
ated sale. The reasons shall include, but shall not be lim-
ited to, characteristics of the bond issue and prevailing
market conditions that necessitate a negotiated sale. In
the event the division decides to negotiate for a sale of
bonds, the managing underwriter, or financial consult-
ant or adviser, if applicable, shall provide to the land
authority or division, prior to the award of bonds to the
managing underwriter, a disclosure statement contain-
ing the following information:
1. An itemized list setting forth the nature and esti-
mated amounts of expenses to be incurred by the man-
aging underwriter in connection with the issuance of
such bonds. Notwithstanding the foregoing, any such
list may include an item for miscellaneous expenses,
provided it includes only minor items of expense which
cannot be easily categorized elsewhere in the state-
ment.
2. The names, addresses, and estimated amounts
of compensation of any finders connected with the issu-
ance of the bonds.
3. The amount of underwriting spread expected to
be realized.
4. Any management fee charged by the managing
underwriter.
5. Any other fee, bonus, or compensation esti-
mated to be paid by the managing underwriter in con-
nection with the bond issue to any person not regularly
employed or retained by it.
6. The name and address of the managing under-
writer or underwriters, if any, connected with the bond
issue.
7. Any other disclosure which the division may
require.
This paragraph is not intended to restrict or prohibit the
employment of professional services relating to bonds
issued under this act or the issuance of bonds by the
division under any other law. This paragraph shall not
prohibit the use of private placement bonds.
(b) In the event an offer of an issue of bonds at public
sale produces no bid, or in the event all bids received
are rejected, the division is authorized to negotiate for
the sale of the bonds under such rates and terms as are
acceptable; however, no bonds shall be so sold or deliv-
ered on terms less favorable than the terms contained
in any bids rejected at the public sale thereof or, if no
bids were received at such public sale, the terms con-
tained in the notice of public sale.


Ch. 380


MANAGEMENT F.S. 1991

(c) The failure of the land authority or division to
comply with one or more provisions of this section shall
not affect the validity of the bond issue; however, upon
such failure to comply, the division shall sell all future
bonds only at public sale as provided for herein, except
as provided in paragraph (b).
(7)(a) No underwriter, commercial bank, investment
banker, or financial consultant or adviser shall pay any
finder any bonus, fee, or gratuity in connection with the
sale of bonds or revenue bonds issued by the division
unless full disclosure is made to the division prior to or
concurrently with the submission of a purchase proposal
for bonds by the underwriter, commercial bank, invest-
ment banker, or financial consultant or adviser and is
made subsequently in the official statement or offering
circular, if any, detailing the name and address of any
finder and the amount of bonus, fee, or gratuity paid to
such finder.
(b) The willful violation of this subsection is a felony
of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(c) No violation of this subsection shall affect the
validity of the bond issue.
(8) As used in this section, the term "finder" means
a person who is neither regularly employed by, nor a
partner or officer of, an underwriter, bank, banker, or
financial consultant or adviser and who enters into an
understanding with either the issuer or the managing
underwriter, or both, for any paid or promised compen-
sation or valuable consideration, directly or indirectly,
expressly or impliedly, to act solely as an intermediary
between such issuer and managing underwriter for the
purpose of influencing any transaction in the purchase
of such bonds.
(9) All bonds issued on behalf of the land authority
shall state on the face thereof that they are payable,
both as to principal and interest, solely out of the
pledged revenues of the land authority and do not con-
stitute an obligation, either general or special, of the
state or of any local government.
(10) All bonds issued on behalf of the land authority
are hereby declared to have all the qualities and inci-
dents of negotiable instruments under the applicable
laws of the state.
(11) It is the intent of the Legislature that any pledge
of earnings, revenues, or other moneys made by the
land authority shall be valid and binding from the time
when the pledge is made; that the earnings, revenues,
or other moneys so pledged and thereafter received by
the land authority shall immediately be subject to the
lien of that pledge without any physical delivery thereof
or further act; and that the lien of the pledge shall be
valid and binding as against the land authority irrespec-
tive of whether the parties have notice thereof. Neither
the resolution nor any other instrument by which a
pledge is created need be recorded or filed pursuant to
the Uniform Commercial Code.
(12) Neither the members or the employees of the
land authority or the division nor any person executing
the bonds of the land authority shall be liable personally
on the bonds or be subject to any personal liability or
accountability by reason of the issuance thereof.
History.-s. 1, ch. 86-170; s. 7. ch 88-164






1Wn --o1


380.0669 State and local government liability on
bonds.-LThe bohds of the land authority shall not be a
debt of the state or of any local government other than
the land authority, and neither the state nor any local
government other than the land authority shall be liable
thp' Except for revenues specifically designated by
th : for use by the land authority, the land authority
shail not have the power to pledge the credit, the reve-
nues, or the taxing power of the state or of any local gov-
ernment; and except as provided in this act neither the
credit, the revenues, nor the taxing power of the state
or of any local government shall be, or shall be deemed
to be, pledged to the payment of any bonds of the land
authority.
History.-s. 1, ch. 86-170; s. 8. ch. 88-164.

380.0671 Annual report.-The land authority shall
submit to the Governor and the presiding officers of
each house of the Legislature, within 6 months after the
end of its fiscal year, a complete and detailed report set-
ting forth:
(1) Its operations and accomplishments.
(2) Its receipts and expenditures during the fiscal
year in accordance with the categories or classifications
established by the land authority for its operating and
capital outlay purposes.
(3) Its assets and liabilities at the end of its fiscal
year and the status of reserve, special, or other funds.
(4) A schedule of its bonds outstanding at the end
of its fiscal year, together with a statement of the princi-
pal amounts of bonds issued and redeemed during the
fiscal year.
Histoy.-s. 1. ch. 86-170.

380.0672 Conflicts of interest.-
(1) Nothing in this section shall be deemed or con-
strued to limit the right of any member, officer, or
erip0ayee of the land authority to acquire an interest in
bf of the land authority or have an interest in any
bai INng institution in which the bonds of the land author-
ity are, or are to be, deposited or which is, or is to be,
acting as trustee or paying agent under any bond resolu-
tion, trust indenture, or similar instrument to which the
land authority is a party.
(2) Under no circumstances shall a financial adviser
for bonds of the land authority serve as an underwriter
for the land authority's bonds within 2 years of having
been such a financial adviser for such bonds.
History.-s. 1, ch. 86-170.

380.0673 Exemption from taxes and eligibility as
investment.-
(1) The property of the land authority and the trans-
actions and operations thereof and the income there-
from shall be exempt from taxation by the state and its
political subdivisions. The exemption granted by this
subsection shall not apply to any tax imposed by chap-
ter 220 on interest, income, or profits on debt obligations
owned by corporations.
(2) All bonds of the land authority shall be and con-
stitute legal investments without limitation for all public
bodies of this state; for all banks, trust companies, sav-
ings banks, savings associations, savings and loan
associations, and investment companies; for all adminis-


trators, executors, trustees, and other fiduciaries; for all
insurance companies and associations and other per-
sons carrying on an insurance business; and for all other
persons whatsoever who are now or may hereafter be
authorized to invest in bonds or other obligations of the
state and shall be and constitute eligible securities to be
deposited as collateral for the security of any state,
county, municipal, or other public funds. This subsection
shall be considered as additional and supplemental
authority and shall not be limited without specific refer-
ence hereto.
History.-s. 1, ch. 86-170; s. 54. ch. 89-356.

380.0674 Corporate existence.-The land authority
and its corporate existence shall continue until termi-
nated by law or action of the governing board of the
county that established it; however, no such law or
action shall take effect so long as the land authority shall
have bonds outstanding unless adequate provision has
been made for the payment thereof. Upon termination
of the existence of the land authority, all its rights and
properties in excess of its obligations shall pass to and
be vested in the state.
History.-s. 1, ch. 86-170.

380.0675 Inconsistent provisions of other laws
superseded.-Insofar as the provisions of this act are
inconsistent with the provisions of any other law, gen-
eral, special, or local, the provisions of this act shall be
controlling.
Histoy.-s. 1, ch. 86-170.

380.0685 State park in area of critical state concern
in county which creates land authority; surcharge on
admission and overnight occupancy.-The Depart-
ment of Natural Resources shall impose and collect a
surcharge of 50 cents per person per day, or $5 per
annual family auto entrance permit, on admission to all
state parks in areas of critical state concern located in
a county which creates a land authority pursuant to s.
380.0663(1), and a surcharge of $2.50 per night per
campsite, cabin, or other overnight recreational occu-
pancy unit in state parks in areas of critical state concern
located in a county which creates a land authority pursu-
ant to s. 380.0663(1); however, no surcharge shall be
imposed or collected under this section for overnight
use by nonprofit groups of organized group camps,
primitive camping areas, or other facilities intended pri-
marily for organized group use. Such surcharges shall
be imposed within 90 days after any county creating a
land authority notifies the Department of Natural
Resources that the land authority has been created. The
proceeds from such surcharges, less a collection fee
that shall be kept by the Department of Natural
Resources for the actual cost of collection, not to
exceed 2 percent, shall be transmitted to the land
authority of the county from which the revenue was gen-
erated. Such funds shall be used to purchase property
in the area or areas of critical state concern in the county
from which the revenue was generated. An amount not
to exceed 10 percent may be used for administration
and other costs incident to such purchases. However,
the proceeds of the surcharges imposed and collected
pursuant to this section in a state park or parks located


1225


F.S. 1991


LAND AND WATER MANAGEMENT


l:n I:





3.S 1991


wholly within a municipality, less the costs of collection
as provided herein, shall be transmitted to that munici-
pality. The surcharges levied under this section shall
remain imposed as long as the land authority is in exist-
ence.
History.-s. 3, ch. 86-170; s. 9, ch. 88-164.

380.07 Florida Land and Water Adjudicatory Com-
mission.-
(1) There is hereby created the Florida Land and
Water Adjudicatory Commission, which shall consist of
the Administration Commission.
(2) Whenever any local government issues any
development order in any area of critical state concern,
or in regard to any development of regional impact, cop-
ies of such orders as prescribed by rule by the state land
planning agency shall be transmitted to the state land
planning agency, the regional planning agency, and the
owner or developer of the property affected by such
order. Within 45 days after the order is rendered, the
owner, the developed an appropriate regional planning
agency by vote at a regularly scheduled meeting, or the
state land planning agency may appeagthe order to the
Florida Land and Water Adjudicatory Commission by fil-
ing a notice of appeal with the commission. The 45-day
appeal period for a development of regional impact
within the jurisdiction of more than one local government
shall not commence until after all the local governments
having jurisdiction over the proposed development of
regional impact have rendered their development
orders. 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 comple-
tion of the appeal process.
(3) Prior to issuing an order, the Florida Land and
Water Adjudicatory Commission shall hold a hearing pur-
suant to the provisions of chapter 120. The commission
shall encourage the submission of appeals on the record
made below in cases in which the development order
was issued after a full and complete hearing before the
local government or an agency thereof.
(4) The Florida Land and Water Adjudicatory Com-
mission shall issue a decision granting or denying per-
mission to develop pursuant to the standards of this
chapter and may attach conditions and restrictions to its
decisions.
(5) If an appeal is filed with respect to any issues
within the scope of a permitting program authorized by
chapter 161, chapter 373, or chapter 403 and for which
a permit or conceptual review approval has been
obtained prior to the issuance of a development order,
any such issue shall be specifically identified in the
notice of appeal which is filed pursuant to this section,
together with other issues which constitute grounds for
the appeal. The appeal may proceed with respect to
issues within the scope of permitting programs for
which a permit or conceptual review approval has been
obtained prior to the issuance of a development order
only after the commission determines by majority vote
at a regularly scheduled commission meeting that state-


wide or regional interests may be adversely affected by
the development. In making this determination, there
shall be a rebuttable presumption that statewide and
regional interests relating to issues within the scope of
the permitting programs for which a permit or concep-
tual approval has been obtained are not adversely
affected.
Histoy.-s. 7. ch. 72-317; s. 1, ch. 77-117; s. 3, ch. 77-215; s. 15, ch. 78-95; s.
47, ch. 85-55; s. 18. ch. 86-191.

380.08 Protection of landowners' rights.-
(1) Nothing in this chapter authorizes any govern-
mental agency to adopt a rule or regulation or issue any
order that is unduly restrictive or constitutes a taking of
property without the payment of full compensation, in
violation of the constitutions 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 chapter
determines that, to achieve the purposes of this chapter,
it is in the public interest to acquire the fee simple or
lesser interest in any parcel of land, such agency shall
so certify to the state land planning agency, the Board
of Trustees of the Internal Improvement Trust Fund, and
other appropriate governmental agencies. Prior to such
agency's acquiring such land, the seller of the land shall
file a statement with the department disclosing, for at
least the last 5 years prior to the conveyance of title to
the state, all financial transactions concerning the land,
all parties having a financial interest in any transaction,
and the amount of the tax assessment on the land for
each year.
(3) If any governmental agency denies a develop-
ment permit under this chapter, it shall specify its rea-
sons in writing and indicate any changes in the develop-
ment proposal that would make it eligible to receive the
permit.
History.-s. 8, ch. 72-317; s. 2, ch. 75-81; s. 16. ch. 84-330; s. 4, ch. 89-276.

380.085 Judicial review relating to permits and
licenses.-
(1) As used in this section, unless the context other-
wise requires:
(a) "Agency" means any official, officer, commission,
authority, council, committee, department, division,
bureau, board, section, or other unit or entity of state
government.
(b) "Permit" means any permit or license required by
this part.
(2) Any person substantially affected by a final
action of any agency with respect to a permit may seek
review within 90 days of the rendering of such decision
and request monetary damages and other relief in the
circuit court in the judicial circuit in which the affected
property is located; however, circuit court review shall
be confined solely to determining whether final agency
action is an unreasonable exercise of the state's police
power constituting a taking without just compensation.
Review of final agency action for the purpose of deter-
mining whether the action is in accordance with existing
statutes or rules and based on competent substantial
evidence shall proceed in accordance with chapter 120.
(3) If the court determines the decision reviewed is
an unreasonable exercise of the state's police power


1226


Ch. 380


LAND AND WATER MANAGEMENT


F.S. 1991






.......LAND AND WATER MANAGEMENT r.h Pn


constituting a taking without just compensation, the
court shall remand the matter to the agency which shall,
within a reasonable time:
(a) Agree to issue the permit;
(b) Agree to pay appropriate monetary damages;
/r"ever, in determining the amount of compensation to
,aid, consideration shall be given by the court to any
enhancement to the value of the land attributable to gov-
ernmental action; or
(c) Agree to modify its decision to avoid an unrea-
sonable exercise of police power.
(4) The agency shall submit a statement of its
agreed-upon action to the court in the form of a pro-
posed order. If the action is a reasonable exercise of
police power, the court shall enter its final order approv-
ing the proposed order. If the agency fails to submit a
proposed order within a reasonable time not to exceed
90 days which specifies an action that is a reasonable
exercise of police power, the court may order the
agency to perform any of the alternatives specified in
subsection (3).
(5) The court shall award reasonable attorney's fees
and court costs to the agency or substantially affected
person, whichever prevails.
(6) The provisions of this section are cumulative and
shall not be deemed to abrogate any other remedies
provided by law.
Hitory.-ss. 1, 2 3, 4 5, 6, ch. .78-85.

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 perma-
nent, against any person or developer found to be in vio-
lation of the provisions of this part or any rules, regula-
tions, or orders issued thereunder.
e It shall not be a defense to, or ground for dismis-
A 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 agree-
ment entered into under s. 380.032(3) or s. 380.06(8) has
occurred or is about to occur, it may institute an adminis-
trative 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 ces-
sation 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 prop-
erly 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 consti-
tutes 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 accord-
ance 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 vio-
lation 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 archaeologi-
cal 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 govern-
mental 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 devel-
opment 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).
Histoy.-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.

380.12 Rights unaffected by ch. 75-22.-Nothing in
chapter 75-22, Laws of Florida, shall alter or affect rights
previously vested under this chapter.
History.-s. 23. ch. 75-22.

PART II

COASTAL PLANNING AND MANAGEMENT


380.19
380.20
380.21
380.22
380.23
380.24
380.25
380.26

380.27
380.28


Department of Environmental Regulation.
Short title.
Legislative intent.
Lead agency authority and duties.
Federal consistency.
Local government participation.
Previous coastal zone atlases rejected.
Establishment of coastal building zone for cer-
tain counties.
Coastal infrastructure policy.
The South Atlantic and Gulf States Coastal Pro-
tection Compact; implementing legislation.


1227


LAND AND WATER MANAGEMENT


. F.S. 1991


Ch 8n0






Ch. 380 LAND AND WATER MANAGEMENT F.S. 1991


380.31 Coastal Resources Interagency Management
Committee established.
380.32 Duties and responsibilities of the Coastal
Resources Interagency Management Com-
mittee.
380.33 Meetings, organization, and staff.

380.19 Department of Environmental Regulation.-
(1) It is the intent of the Legislature that the environ-
mental aspects of the coastal areas of this state have
attracted a high percentage of permanent population
and visitors and that this concentration of people and
their requirements has had a serious impact on the natu-
ral surroundings and has become a threat to the health,
safety, and general welfare of the citizens of this state.
It is further determined that a coordinated effort of inter-
ested federal, state, and local agencies of government
is imperative to plan for and effect a solution to this
threat, and that the creation of an advisory council will
aid in accomplishing this purpose and in the implemen-
tation of s. 7, Art. II of the State Constitution, and s.
20.03(9).
(2) As used in this section:
(a) '["Department" means the Department of Envi-
ronmental Regulation.]
(b) "Coastal zone" means that area of land and water
from the territorial limits seaward to the most inland
extent of maritime influences.
(c) "Interested agency" means any unit of state or
local government administering laws, regulations, or
ordinances designed to manage an environmental
aspect of the coastal zone.
2(3) There is created within the Department of Natural
Resources the Florida Coastal Coordinating Council, to
consist of the executive director of the Department of
Natural Resources, who shall be chairman, the executive
director of the Board of Trustees of the Internal Improve-
ment Trust Fund, and the executive director of the
Department of Pollution Control, all of whom shall serve
ex officio on the council and who shall be considered as
the base members of the council. Additional members
from interested state or local units of government may
serve on the council by unanimous request and at the
pleasure of its base members.
(4) The duties of the '[department] shall be:
(a) To employ a staff director and such other person-
nel as may be necessary to aid in carrying out the work
of the '[department];
(b) To conduct, direct, encourage, coordinate, and
organize a continuous program of research into prob-
lems relating to the coastal zone;
(c) To review, upon request, all plans and activities
pertinent to the coastal zone and to provide coordina-
tion in these activities among the various levels of gov-
ernment and areas of the state;
(d) To develop a comprehensive state plan for the
protection, development, and zoning of the coastal
zone, making maximum use of any federal funding for
this purpose;
(e) To provide a clearing service for coastal zone
matters by collecting, processing, and disseminating
pertinent information relating thereto;


(f) To make use of pertinent data as may be secured
from departments, boards, commissions, officials, agen-
cies, and institutions, except such records or informa-
tion as may be required by law to be confidential; and
(g) To provide such other services as any interested
agency may request.
All interested agencies are requested to make available
such records, data, information, and statistics as are
necessary or proper for the operation of the
'[department].
(5)(a) Any research project or any form of empirical
study prepared by the '[department] or its staff which
is wholly or partially financed by state funds shall be
reported to the office of the Governor or his designee,
with two copies of the report each to the Speaker of the
House, the President of the Senate, and the library main-
tained by the Joint Legislative Management Committee.
(b) Reports shall be submitted 30 days prior to com-
mencement of the project and on January 1 of each year
thereafter until termination of the project. Upon conclu-
sion of the project a final report shall be submitted.
(c) All reports shall contain a description of the proj-
ect or study conducted. The description shall include
the source of funds and the duration, purpose, and loca-
tion of each project or study. Final reports shall also
include all findings and conclusions of the research or
study.
(d) Nothing in this section shall require the filing of
reports on projects that have been classified due to
national defense or security.
(e) The Joint Legislative Management Committee
shall make report forms available and keep records of
all reports submitted.
(6) The '[department] is to be advisory to any inter-
ested agency requesting its service in matters relating
to the coastal zone to provide coordination of efforts and
to avoid duplication of effort in the interest of govern-
mental efficiency.
(7) The '[department] is authorized to make and
shall adopt rules for the implementation of this section
in accordance with the provisions of the Administrative
Procedure Act, chapter 120.
History.-ss. 1-7, ch. 70-259; s. 2, ch. 71-137; s. 20, ch. 72-178.
'Note.-Substituted for a reference to the Coastal Coordinating Council. See s. 18,
ch. 75-22. which transferred the powers, duties, and functions of the council to the
Division of Resource Management of the Department of Natural Resources; also see
s. 4. ch. 77-306, which transferred the "powers, duties, personnel, and func-
tions described in s. 370.0211(4Xa)-(g) to the Department of Environmental
Regulation.
2Note.-The Coastal Coordinating Council was abolished and its powers, duties,
and functions transferred. See s. 18. ch. 75-22
Note.-Former s. 370.0211

380.20 Short title.-Sections 380.21-380.25 may be
cited as the "Florida Coastal Management Act of 1978."
History.-s. 5, ch. 78-287.

380.21 Legislative intent.-
(1) The Legislature finds that:
(a) The coast is rich in a variety of natural, commer-
cial, recreational, ecological, industrial, and aesthetic
resources, including, but not limited to, "energy facili-
ties," as that term is defined in s. 304(5) of the federal
Coastal Zone Management Act of 1972, of immediate
potential value to the present and future well-being of
the residents of this state.
228


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F.S. 1991 LAND AND WATER MANAGEMENT t'~h 12 u


(b) It is in the state and national interest to protect,
maintain, and ,develop these resources through coordi-
nated management.
(c) State land and water management policies
should, to the maximum possible extent, be imple-
'ted by local governments through existing pro-
-ses for the guidance of growth and development.
(2) The Legislature therefore grants authorization for
the Department of Environmental Regulation to compile
a program based on existing statutes and existing rules
and submit an application to the appropriate federal
agency as a basis for receiving administrative funds
under the federal Coastal Zone Management Act of
1972. It is the further intent of the Legislature that enact-
ment of this legislation shall not amend existing statutes
or provide additional regulatory authority to any govern-
mental body except as otherwise provided by s. 380.23.
The enactment of this legislation shall not in any other
way affect any existing statutory or regulatory authority.
(3)(a) The Legislature finds that the coastal zone is
rich in a variety of natural, commercial, recreational, eco-
logical, industrial, and aesthetic resources of immediate
and potential value to the present and future well-being
of the residents of this state which will be irretrievably
lost or damaged if not properly managed. The participa-
tion by citizens of the state will be an important factor
in developing a plan for management of the coastal
zone, and management of the state's coastal zone will
require a highly coordinated effort among state, regional,
and local officials and agencies.
(b) The state coastal zone management plan shall
be a part of the state comprehensive plan. It shall con-
tain a boundary, policies, goals, and programs neces-
sary to comply with the requirements of the federal
Coastal Zone Management Act of 1972, as amended (16
U.S.C. ss. 1451-1464), specifically delineating the role
oftate, regional, and local agencies in implementing
San; and it shall provide that the appeal of any regu-
i decision, other than those appeals provided for by
existing law, shall be to the Governor and Cabinet.
History.-s. 6, ch. 78-287; s. 5. ch 84-257.

380.22 Lead agency authority and duties.-
(1) The Department of Environmental Regulation
shall be the lead agency pursuant to 16 U.S.C. ss. 1451
et seq., and shall compile and submit to the appropriate
federal agency an application to receive funds pursuant
to s. 306 of the Federal Coastal Zone Management Act
of 1972, as amended (16 U.S.C. ss. 1451-1464). The
application for federal approval of the state's program
shall include program policies that only reference exist-
ing statutes and existing implementing administrative
rules. In the event the application or the program submit-
ted pursuant to this subsection is rejected by the appro-
priate federal agency because of failure of this act, the
existing statutes, or the existing implementing adminis-
trative rules to comply with the requirements of the Fed-
eral Coastal Zone Management Act of 1972, as
amended, no state coastal management program shall
become effective without prior legislative approval. The
coastal management application or program may be
amended from time to time to include changes in stat-
utes and rules adopted pursuant to statutory authority
other than this act.


(2) The Department of Environmental Regulation
shall also have authority to:
(a) Establish advisory councils with sufficient geo-
graphic balance to ensure statewide representation.
(b) Coordinate central files and clearinghouse proce-
dures for coastal resource data information and encour-
age the use of compatible information and standards.
(c) Provide to the extent practicable financial, tech-
nical, research, and legal assistance to effectuate the
purposes of this act.
(d) Review rules of other affected agencies to deter-
mine consistency with the program and to report any
inconsistencies to the Legislature.
(3) The Secretary of Environmental Regulation shall
adopt by rule a specific formula for allocation of federal
funds for the administration of the program.
History.-s. 7. ch. 78-287.

380.23 Federal consistency.-
(1) When an activity requires a permit or license sub-
ject to federal consistency review, the issuance or
renewal of a state license shall automatically constitute
the state's concurrence that the licensed activity or use,
as licensed, is consistent with the federally approved
program. When an activity requires a permit or license
subject to federal consistency review, the denial of a
state license shall automatically constitute the state's
finding that the proposed activity or use is not consistent
with the state's federally approved program, unless the
United States Secretary of Commerce determines that
such activity or use is in the national interest as provided
in the Federal Coastal Zone Management Act of 1972.
(2) Where federal licenses, permits, activities, and
projects listed in subsection (3) are subject to federal
consistency review and are seaward of the jurisdiction
of the state, or there is no state agency with sole jurisdic-
tion, the Department of Environmental Regulation shall
be responsible for the consistency review and determi-
nation; however, the department shall not make a deter-
mination that the license, permit, activity, or project is
consistent if any other state agency with significant anal-
ogous responsibility makes a determination of inconsis-
tency. All decisions and determinations under this sub-
section shall be appealable to the Governor and Cabi-
net.
(3) Consistency review shall be limited to review of
the following activities, uses, and projects to ensure that
such activities and uses are conducted in accordance
with the state's coastal management program:
(a) Federal development projects and activities of
federal agencies which significantly affect coastal
waters and the adjacent shorelands of the state.
(b) Federal assistance projects which significantly
affect coastal waters and the adjacent shorelands of the
state and which are reviewed as part of the review proc-
ess developed pursuant to OMB Circular A-95.
(c) Federally licensed or permitted activities affect-
ing land or water uses when such activities are in or sea-
ward of the jurisdiction of local governments required to
develop a coastal zone protection element as provided
in s. 380.24 and when such activities involve:
1. Permits required under ss. 10 and 11 of the Riv-
ers and Harbors Act of 1899, as amended.


1229


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Ch 3nn


F.S. 1991





LAND AND WATER MANAGEMENT


2. Permits required under s. 103 of the Marine Pro-
tection, Research and Sanctuaries Act of 1972, as
amended.
3. Permits required under ss. 201, 402, 403, 404,
and 405 of the Federal Water Pollution Control Act of
1972, as amended, unless such permitting activities pur-
suant to such sections have been delegated to the state
pursuant to said act.
4. Permits required under the Marine Protection,
Research and Sanctuaries Act of 1972, as amended, 33
U.S.C. ss. 1401, 1402, 1411-1421, and 1441-1444.
5. Permits for the construction of bridges and
causeways in navigable waters required pursuant to 33
U.S.C. s. 401, as amended.
6. Permits relating to the transportation of hazard-
ous substance materials or transportation and dumping
which are issued pursuant to the Hazardous Materials
Transportation Act, 49 U.S.C. ss. 1801-1812, as
amended, or 33 U.S.C. s. 419, as amended.
7. Permits and licenses required under 143 U.S.C.
s. 717 for construction and operation of interstate gas
pipelines and storage facilities.
8. Permits required under 15 U.S.C. s. 717, as
amended, for construction and operation of facilities
needed to import and export natural gas.
9. Permits and licenses required for the siting and
construction of any new electrical power plants as
defined in s. 403.503(12), as amended.
10. Permits and licenses required for drilling and
mining on public lands.
11. Permits for areas leased under the OCS Lands
Act, as amended, including leases and approvals under
43 U.S.C. s. 1331, as amended, of exploration, develop-
ment, and production plans.
12. Permits for pipeline rights-of-way for oil and gas
transmissions.
13. Permits and licenses required for deepwater
ports under 33 U.S.C. s. 1503, as amended.
14. Permits required for the taking of marine mam-
mals under the Marine Mammal Protection Act of 1972,
as amended, 16 U.S.C. 1374 s. 104.
(4) The department shall by rule adopt procedures
for the expeditious handling of emergency repairs to
existing facilities for which consistency review is
required pursuant to subsections (1), (2), and (3).
(5) In any coastal management program submitted
to the appropriate federal agency for its approval pursu-
ant to this act, the department shall specifically waive
its right to determine the consistency with the coastal
management program of all federally licensed or permit-
ted activities not specifically listed in subsection (3).
(6) Agencies shall not review for federal consistency
purposes an application for a federally licensed or per-
mitted activity if the activity is vested, exempted, or
excepted under its own regulatory authority.
(7) The department shall review the items listed in
subsection (3) to determine if in certain circumstances
such items would constitute minor permit activities. If
the department determines that the list contains minor
permit activities, it may by rule establish a program of
general concurrence pursuant to federal regulation
which shall allow similar minor activities, in the same


geographic area, to proceed without prior department
review for federal consistency.
(8) This section shall not apply to the review of feder-
ally licensed or permitted activities for which permit
applications are filed with the appropriate federal
agency prior to approval of the state coastal manage-
ment program by the appropriate federal agency pursu-
ant to 16 U.S.C. ss. 1451 et seq.
History.-s. 8, ch. 78-287; s. 1, ch. 90-220; s. 53. ch. 90-331.
'Note.-Public Law No. 94-579 repealed 43 U.S.C. s. 717.

380.24 Local government participation.-Units of
local government abutting the Gulf of Mexico or the
Atlantic Ocean, or which include or are contiguous to
waters of the state where marine species of vegetation
listed by rule pursuant to s. 403.817 constitute the domi-
nant plant community, shall develop a coastal zone pro-
tection element pursuant to s. 163.3177. Such units of
local government shall be eligible to receive technical
assistance from the state in preparing coastal zone pro-
tection elements and shall be the only units of local gov-
ernment eligible to apply to the department for available
financial assistance. Local government participation in
the coastal management program authorized by this act
shall be voluntary.
Hstory.-s. 9, ch. 78-287.

380.25 Previous coastal zone atlases rejected.-
The legislative draft of the coastal management program
submitted to the Legislature by the department dated
March 1, 1978, and the previously prepared coastal zone
atlases are expressly rejected as the state's coastal
management program. The department shall not divide
areas of the state into vital, conservation, and develop-
ment areas.
History.-s. 10, ch. 78-287.

380.26 Establishment of coastal building zone for
certain counties.-The coastal building zone for coun-
ties not subject to s. 161.053 shall be as described in s.
161.54(1), after a public hearing is held in the affected
county by the state land planning agency or its desig-
nee. The state land planning agency shall furnish the
clerk of the circuit court in each county affected a survey
of such line with references made to permanently
installed monuments at such intervals and locations as
may be necessary.
History.-s. 37, ch. 85-55.

380.27 Coastal infrastructure policy.-
(1) No state funds shall be used for the purpose of
constructing bridges or causeways to coastal barrier
islands, as defined in s. 161.54(2), which are not accessi-
ble by bridges or causeways on October 1, 1985.
(2) After a local government has an approved
coastal management element pursuant to s. 163.3178,
no state funds which are unobligated at the time the ele-
ment is approved shall be expended for the purpose of
planning, designing, excavating for, preparing founda-
tions for, or constructing projects which increase the
capacity of infrastructure unless such expenditure is
consistent with the approved coastal management ele-
ment.
(3) The state land planning agency shall, by March
1 of each year, prepare and transmit to the Governor,


1230


F.S. 1991


Ch. 380





P 91 LAND AND WATER MANAGEMENT n


the President of the Senate, and the Speaker of the
House of Representatives a report on the state's coastal
barrier areas. The report shall assess the effectiveness
of the state's coastal barrier area infrastructure policy on
growth and development.
t i4tory.--s. 38, ch 85-55.
,80.28 The South Atlantic and Gulf States Coastal
Protection Compact; implementing legislation.-
(1) FORM.-The Governor is hereby authorized and
directed to execute a compact on behalf of Florida with
any one or more of the States of North Carolina, South
Carolina, Georgia, Alabama, Mississippi, Louisiana, and
Texas, legally joining therein in the form substantially as
follows:
SOUTH ATLANTIC AND GULF STATES
COASTAL PROTECTION COMPACT
The contracting states solemnly agree:
ARTICLE I

FINDINGS, PURPOSES, AND RESERVATIONS OF
POWERS.-
A. Findings.-Signatory states hereby find and
declare:
1. The marine and coastal waters of all states bor-
dering on the Gulf of Mexico and the South Atlantic
Ocean, and adjacent coastal lands, marshes, and estu-
aries, are interrelated and require interstate attention
and solutions.
2. Certain environmental problems transcend state
boundaries and thereby become common to adjacent
states and require cooperative efforts.
B. Purposes.-The purposes of the signatories in
enacting this compact are:
1. To preserve the marine and coastal waters of the
(.N th Atlantic Ocean and the Gulf of Mexico, and their
cent coastal lands, marshes, and estuaries, through
coordination of interstate research, management, and
conservation efforts and by the prevention of pollution
of the subject land and waters in any form from any
cause.
2. To develop, implement, and integrate uniform
policies for the protection, use, and conservation of the
marine and coastal waters of the South Atlantic Ocean
and the Gulf of Mexico, and their adjacent coastal lands,
marshes, and estuaries.
3. To plan for the welfare and development of
marine and coastal resources, including fisheries, and
coastal lands of the South Atlantic and the Gulf of Mex-
ico, identifying those areas which require distinct pro-
tective efforts.
4. To secure and maintain a proper balance among
industrial, commercial, agricultural, residential, recre-
ational, and other legitimate uses of the marine and
coastal resources in the affected states and waters.
C. Powers of the United States.-
1. Nothing contained in this compact shall impair,
affect, or extend the constitutional authority of the
United States.
2. The signatories hereby recognize the power and
right of the Congress of the United States at any time


by any statute expressly enacted for that purpose to
revise the terms and conditions of its consent.
D. Powers of the states.-Nothing contained in this
compact shall impair or extend the constitutional author-
ity of any signatory state, nor shall the police powers of
any signatory state be affected except as expressly pro-
vided in this compact.
The enumerated purposes shall not act to limit the
scope of this compact.
ARTICLE II
EFFECTIVE DATE.-
This agreement shall become operative immediately
as to those states executing it whenever any two or
more of the States of North Carolina, South Carolina,
Georgia, Florida, Alabama, Mississippi, Louisiana, and
Texas have executed it in the form that is in accordance
with the laws of the executing state and the Congress
has given its consent. Any coastal state contiguous with
any of such states may become a party hereto with
approval by a majority vote of the commission as a
whole.
ARTICLE III
COMPACTING STATES' AUTHORITY.-
Each state bound hereby agrees that within a reason-
able time it will review and consider the commission's
recommendations for future enactment and implemen-
tation.
ARTICLE IV
COMMISSION; CREATION AND COMPOSITION.-
Each state joining this compact shall appoint three
representatives to a commission hereby constituted and
designated as the South Atlantic and Gulf States
Coastal Protection Commission. One representative
shall be the executive officer of the administrative
agency of such state charged with the enforcement of
environmental regulations to which this compact per-
tains or, if there is more than one office or agency, the
official of the state named by the governor thereof. The
second representative shall be a member of the legisla-
ture of such state, appointed by the legislature of such
state. The third representative shall be a citizen who has
a knowledge of and an interest in marine and coastal
environmental problems, appointed by the governor.
The commission shall be a body corporate with the pow-
ers and duties set forth in this compact.
ARTICLE V
COMMISSION; DUTIES.-
The duties of the commission shall be to make inquiry
and ascertain from time to time such methods, prac-
tices, circumstances, and conditions necessary for
bringing about the development and implementation of
uniform policies for the protection of the South Atlantic
Ocean and the Gulf of Mexico, and adjacent coastal
lands, marshes, and estuaries. The commission shall
have the power to recommend the coordination of the
exercise of the powers of the several states within their
respective jurisdiction to carry out the purposes of this


LAND AND WATER MANAGEMENT


un. Jou


FS 1991 '




LAND AND WATER MANAGEMENT


compact. To that end, the commission shall draft and
recommend to the governors of the various signatory
states legislation dealing with the preservation, manage-
ment, conservation, control, and supervision of marine
and coastal waters and their adjacent coastal lands,
marshes, and estuaries. The commission shall, more
than 2 months prior to any regular meeting of the legisla-
ture in any signatory state, present to the governor of the
state its recommendations relating to enactments to be
made by the legislature of that state in furthering the
intent and purposes of this compact. The commission
shall consult with and advise the pertinent administra-
tive agencies in the states party to this compact with
regard to problems connected with the preservation,
management, conservation, control, and supervision of
the South Atlantic Ocean and the Gulf of Mexico, and
related coastal lands, marshes, and estuaries.
ARTICLE VI
COMMISSION; ELECTIONS.-
The commission shall elect from its number a chair-
man and a vice chairman and shall appoint, remove, or
discharge, at its pleasure, such officers and employees
as may be required to carry the provisions of this com-
pact into effect and shall fix and determine their duties,
qualifications, and compensation. The commission shall
adopt rules and regulations for the conduct of its busi-
ness. It may establish and maintain one or more offices
for the transaction of its business and may meet at any
time or place, but must meet at least once a year.
ARTICLE VII
COMMISSION; VOTING.-
No action shall be taken by the commission in regard
to its general affairs except by the affirmative vote of a
majority of the whole number of compacting states pres-
ent at any meeting. No recommendation shall be made
by the commission in regard to the promulgation of uni-
form laws promoting the preservation, management,
conservation, control, supervision, and use of the marine
and coastal resources of the South Atlantic and the Gulf
of Mexico, and adjacent coastal lands, marshes, and
estuaries, except by affirmative vote of a majority of the
interested compacting states. The commission shall
define what shall be an interested compacting state.
ARTICLE VIII
RESERVATION OF POWER.-
Nothing in this compact shall be construed to limit the
powers of any signatory state to repeal or prevent the
enactment of any legislation or to impose additional con-
ditions to preserve, maintain, conserve, control, or
supervise the marine and coastal waters and coastal
lands of the South Atlantic Ocean and the Gulf of Mex-
ico. This compact shall authorize the compacting parties
to do all things reasonably necessary for carrying out the
purposes of this act, but the compact shall be entered
into solely for the purpose of empowering the duly
appointed representatives of the compacting states to
meet, consult with, and make recommendations to their
respective governors, legislative bodies, or governmen-
tal agencies with respect to the preservation, manage-


ment, conservation, control, and supervision of the
marine and coastal waters and coastal lands, marshes,
and estuaries of the South Atlantic Ocean and the Gulf
of Mexico. However, it is distinctly provided that any
such recommendation and any decision or agreement
arrived at among the compacting parties shall at no time
have any force of law or be binding on any compacting
party.
ARTICLE IX
COMMISSION; EXPENSES.-
Each compacting party shall pay for the expenses of
its representatives on the commission and each com-
pacting party shall pay to the secretary of the commis-
sion a pro rata share of the expenses of the commission.
No expenditures shall be authorized under the provi-
sions of this compact unless and until moneys are
appropriated therefore by the legislatures of the compact-
ing states.
ARTICLE X
COMPACT; TERM.-
This compact shall continue in force and remain bind-
ing upon each compacting state until renounced by it.
Renunciation of this compact shall be preceded by
sending 6 months' notice in writing of intention to with-
draw from the compact to the other states party to this
compact.
ARTICLE XI
A. POWERS OF COMMISSION AND COMMISSION-
ERS.-
There is hereby granted to the commission and the
commissioners all the powers provided for in this com-
pact and all the powers necessary or incidental to the
carrying out of this compact.
B. POWERS OF COMMISSION SUPPLEMENTAL.-
Any powers granted to the commission by this com-
pact shall be regarded as in aid of and supplemental to,
and in no case a limitation upon, any of the powers
vested in the commission by other laws of the State of
Florida or by the laws of the States of North Carolina,
South Carolina, Georgia, Alabama, Mississippi, Louisi-
ana, and Texas or by the Congress or the terms of this
compact.
C. ACCOUNTS TO BE KEPT BY COMMISSION.-
The commission shall keep accurate accounts of all
receipts and disbursements and shall report to the gov-
ernor and the legislature of each signatory state on or
before the 10th day of December in each year, setting
forth in detail the transactions conducted by it during
the 12 months preceding December 1 of that year.
(2) COMMISSIONERS; APPOINTMENT AND
REMOVAL.-In pursuance of Article IV, there shall be
three members of the South Atlantic and Gulf Coast
States Coastal Protection Commission from this state.
The first commissioner from this state shall be the Secre-
tary of Environmental Regulation, and the term of such
commissioner shall terminate at the time he ceases to
hold the office of Secretary of Environmental Regulation,
and his successor as commissioner shall be his succes-


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Ch. 380


F.S. 1991


Ch. 380_


,?





F.S. 1991 LAND AND WATER MANAGEMENT ~h iOn


sor as secretary. The second commissioner from this
state shall be a legislator, appointed alternately by the
Speaker of the House of Representatives and the Presi-
i-4 of the Senate, and the term of such commissioner
be 3 years. If the legislative member ceases to hold
ottice before the expiration of his commission member-
ship, the vacancy shall be filled for the remainder of the
term by appointment by the appropriate presiding offi-
cer. The Governor shall appoint as a third commissioner
a citizen who has a knowledge of and an interest in
marine and coastal environmental problems. The term
of the third commissioner shall be 3 years and he shall
hold office until his successor is appointed and qualified.
Vacancies occurring in the office of such commissioner
for any reason or cause shall be filled by appointment
by the Governor for the unexpired term. The Secretary
of Environmental Regulation may delegate, from time to
time, to any deputy or other subordinate in his depart-
ment or office, the power to be present and participate,
including the power to vote, as his representative or sub-
stitute at any meeting of or hearing by or other proceed-
ing of the commission. The terms of each of the initial
three members shall begin at the date the compact
becomes operative as defined in Article II. The commis-
sioners whom the Governor appoints shall serve at the
pleasure of the Governor and may be removed by the
Governor for any reason.
(3) STATE POLICY.-It is hereby declared to be the
policy of the State of Florida to perform and carry out this
compact and to accomplish the purposes thereof. All
officers, bureaus, departments, and persons of and in
the state government or administration of the State of
Florida are hereby authorized and directed at conve-
nient times and upon request of the commission to fur-
.sh the commission with information and data pos-
S sed by them, subject to the confidentiality provisions
chapter 119, and to aid the commission by loan of per-
sonnel or other means within their legal rights respec-
tively.
(4) EXAMINATION OF COMMISSION ACCOUNTS.
The Department of Banking and Finance is hereby
authorized and empowered from time to time to examine
the accounts and books of the commission, including its
receipts and disbursements, and such other items refer-
ring to its financial standing as the department may
deem proper, and to report the results of such examina-
tion to the Governor.
'(5) ADVISORY COMMITTEE.-An advisory commit-
tee to be representative of the recreational and commer-
cial fishing interests, coastal and marine industries,
petroleum industry, and conservation interests, and
such other interests of this state as the Governor deems
advisable, shall be established by the Governor as soon
as practicable for the purpose of advising this state's
members of the commission upon such recommenda-
tions as they may desire to make.
History.-ss. 14, 43, ch 89-175.
Note.-Expires October 1, 1999. pursuant to s 43, ch 89-175, and is scheduled
for review pursuant to s. 11.611.

1380.31 Coastal Resources Interagency Manage-
ment Committee established.-There is established a
Coastal Resources Interagency Management Commit-
tee composed of: the Secretary of Commerce, the Sec-


retary of Community Affairs, the Secretary of Environ-
mental Regulation, the Secretary of Transportation, the
Assistant State Health Officer for Environmental Health
in the Department of Health and Rehabilitative Services,
the executive director of the Department of Natural
Resources, the executive director of the Marine Fish-
eries Commission, the executive director of the Game
and Fresh Water Fish Commission, the director of the
Division of Historical Resources of the Department of
State, the director of the Division of Forestry of the
Department of Agriculture and Consumer Services, and
the director of the Governor's Office of Planning and
Budgeting. Each member shall attend the meetings of
the committee or appoint a designee. A designee shall
be a policymaking administrator who can speak for the
agency.
Hitory.-s. 8, ch. 89-175; s. 2, ch. 90-192; ss 10. 13, ch. 91-286.
'Note.-Repealed effective October 1, 1992, by s 13. ch. 91-286, and scheduled
for review pursuant to s. 11.611.

1380.32 Duties and responsibilities of the Coastal
Resources Interagency Management Committee.-
The Coastal Resources Interagency Management Com-
mittee shall:
(1) Have the primary responsibility for addressing
problem issues and developing means of resolving con-
flicts and inconsistencies in the implementation of laws,
research, and funding programs under the jurisdictions
of the member agencies. The committee shall make rec-
ommendations to the Governor and Cabinet on specific
actions necessary to implement improvements to the
state coastal management program.
(2) Develop a priority list of work items and a time
schedule for the resolution of each item. Members of the
committee shall direct their respective program staffs
who serve on the Coastal Resources Interagency Advi-
sory Committee to participate in the implementation of
the approved priority work items and completion of spe-
cific coastal zone management grant work tasks to the
extent compatible with statutory responsibilities of the
agencies. Cooperation among agencies and coordina-
tion of agency activities shall be conducted in a manner
consistent with the state coastal management program.
(3) Give special attention to the management and
protection of coastal resources, including wetlands,
watersheds, estuarine and marine systems, beaches,
and cultural resources by working to improve natural
storm hazard prevention and mitigation, discouraging
research and funding practices which create conflicts
with natural resource management policies, and ensur-
ing a more efficient, effective, and coordinated adminis-
tration of environmental laws and guidelines.
(4) Conduct thorough and timely reviews of pro-
posed direct federal activities and development proj-
ects, federal assistance projects, federally licensed and
permitted activities, and outer continental shelf explora-
tion and development plans to ensure that such activi-
ties and uses are conducted in a manner consistent with
the state coastal management program.
(5) Work together to implement the State Compre-
hensive Plan within member agencies. Each agency
shall ensure that its functional plan and management
processes achieve and are consistent with the legisla-
tively approved State Comprehensive Plan in chapter
187 and with the policy plans set out in chapter 186.


1233


F.S. 1991


LAND AND WATER MANAGEMENT


Ph A380


h. uR






3DMF.S. 19


All agencies are encouraged to enter into memoranda
of understanding and rulemaking to further define the
specific implementation, cooperation, and planning
activities related to coastal issues necessary to imple-
ment this section.
History.-s. 8, ch. 89-175; s. 2, ch. 90-192; ss. 11, 13. ch. 91-286.
'Note.-Repeaied effective October 1, 1992, by s. 13, ch. 91-286, and scheduled
for review pursuant to s. 11.611.

380.33 Meetings, organization, and staff.-
(1) The Coastal Resources Interagency Manage-
ment Committee shall meet at least quarterly, and more
often as necessary, at the call of the chairperson. The
committee shall establish procedures for the conduct of
committee business. The chairperson shall provide the
minutes of each meeting to the Governor and Cabinet
and shall make presentations annually or as often as the
Governor and Cabinet request.
(2) The positions of committee chairperson and vice
chairperson shall rotate annually, each July, among the
executive director of the Department of Natural
Resources, the Secretary of Community Affairs, and the
Secretary of Environmental Regulation, in that order. The
vice chairperson shall be the next committee chairper-
son.
(3) The Department of Environmental Regulation
shall furnish staff to the committee through the depart-
ment's Coastal Zone Management Section. Staff shall
keep the Coastal Resources Interagency Management
Committee apprised of the member agencies' progress
toward their assignments and shall perform such other
liaison and administrative functions as the committee
directs.
History.-s. 8. ch. 89-175; s. 2, ch. 90-192; ss. 12, 13, ch. 91-286.
'Note.-Repealed effective October 1, 1992. by s. ch. 91-286, and scheduled
for review pursuant to s. 11.611.

PART III

FLORIDA COMMUNITIES TRUST

380.501 Short title.
380.502 Legislative findings and intent.
380.503 Definitions.
380.504 Florida Communities Trust; creation; member-
ship; expenses.
380.505 Meetings; quorum; voting.
380.506 Support services.
380.507 Powers of the trust.
380.508 Projects; development, review, and approval.
380.509 First-year duties of the department.
380.510 Conditions of grants and loans.
380.511 Florida Communities Trust Fund.
380.512 Annual report.
380.513 Corporate existence.
380.514 Inconsistent provisions of other laws super-
seded.
380.515 Construction.

1380.501 Short title.-This part may be cited as the
"Florida Communities Trust Act."
History.-s. 28, ch. 89-175; s. 2, ch. 90-192. s. 4, ch. 91-192.
'Note.-Repealed effective October 1, 1999. by s 2, ch. 90-192, and scheduled
for review pursuant to s 11.611.


1380.502 Legislative findings and intent.-
(1) The Legislature finds that the conservation of nat-
ural areas is vital to the state's economy and ecology;
The Legislature further finds that rapid increases in pop-
ulation and development throughout Florida threaten the
integrity of the environment and limit opportunities for
citizens and visitors to enjoy the state's natural areas.
Finally, the Legislature finds that inappropriate and
poorly planned land uses overburden natural resources
and disrupt the state's ecology.
(2) The Legislature recognizes that the primary
responsibility for establishing well-planned land use
rests at the local government level through the imple-
mentation of comprehensive plans. The Legislature also
recognizes that many of the goals and objectives of
these comprehensive plans will not be met through reg-
ulation, but require creative and innovative action to
ensure their accomplishment.
(3) It is the intent of the Legislature to establish a
nonregulatory agency which will assist local govern-
ments in bringing into compliance and implementing the
conservation, recreation and open space, and coastal
elements of their comprehensive plans and in otherwise
conserving natural resources and resolving land use
conflicts by:
(a) Responding promptly and creatively to opportu-
nities to correct undesirable development patterns,
restore degraded natural areas, enhance resource val-
ues, restore deteriorated or deteriorating urban water-
fronts, reserve lands for later purchase, participate in
and promote the use of innovative land acquisition meth-
ods, and provide public access to surface waters.
(b) Providing financial and technical assistance to
local governments, state agencies, and nonprofit organi-
zations to carry out projects and activities authorized by
this part.
(c) Involving local governments and private interests
in voluntarily resolving land use conflicts and issues.
History.-s. 28, ch. 89-175; s. 2. ch. 90-192; s. 5, ch 91-192
'Note.-Repealed effective October 1, 1999, by s. 2. ch. 90-192, and scheduled
for review pursuant to s. 11.611.

1380.503 Definitions.-As used in ss. 380.501-
380.515, unless the context indicates a different mean-
ing or intent:
(1) "Trust" means the Florida Communities Trust cre-
ated pursuant to this part.
(2) "Local government" means a county or municipal-
ity.
(3) "Nonprofit organization" means any private non-
profit organization, existing under the provisions of s.
501(c)(3) of the United States Internal Revenue Code,
which has among its principal goals the conservation of
natural resources or protection of the environment.
(4) "Comprehensive plan" means a plan that meets
the requirements of ss. 163.3177, 163.3178, and
163.3191, and has been found to be in compliance in
accordance with s. 163.3184.
(5) "Project" means any work on, improvement to, or
acquisition of real property, buildings, or any other prop-
erty.
(6) "Real property" means any interest in land and
may also include any appurtenances and improvements
to the land.


Ch. 380


LAND AND WATER MANAGEMENT


~BdP
F.S. 1991


....... WlI






F.. 99 LNDAN WTE MNAEMNTI~l.30


(7) "Surface waters" means publicly owned waters
upon the surface of the earth, whether contained in
bounds created naturally or artificially or diffused.
(8) "Redevelopment project" means action taken
pupfunt to this part to correct undesirable develop-
m# patterns.
(b "Resource enhancement project" means action
taken pursuant to this part to restore, as nearly as possi-
ble, degraded natural areas to their original condition or
to enhance the resource values of a natural area.
(10) "Public access project" means action taken pur-
suant to this part to create or improve public
accessways to surface waters.
(11) "Urban waterfront restoration project" means
action taken pursuant to this part to restore deteriorated
or deteriorating urban waterfronts for public use and
enjoyment.
(12) "Site reservation" means temporarily acquiring
and holding areas identified for public use, then transfer-
ring the land to an appropriate state agency, local gov-
ernment, or nonprofit organization for management for
public use.
(13) "Department" means the Department of Commu-
nity Affairs.
History.-s. 28, ch. 89-175; s. 2, ch. 90-192; s. 6, ch. 91-192.
'Note.-Repealed effective October 1, 1999, by s. 2, ch. 90-192, and scheduled
for review pursuant to s. 11.611.

1380.504 Florida Communities Trust; creation; mem-
bership; expenses.-
(1) There is created within the Department of Com-
munity Affairs a nonregulatory state agency and instru-
mentality, which shall be a public body corporate and
politic, known as the "Florida Communities Trust." The
governing body of the trust shall consist of:
(a) The Secretary of Community Affairs and the
executive director of the Department of Natural
P~V 'urces; and
/ Three public members whom the Governor shall
appoint subject to Senate confirmation.
The Governor shall appoint an elected official of a local
government, a representative of a nonprofit organization
as defined in this part, and a representative of the devel-
opment industry. The Secretary of Community Affairs
may designate his assistant secretary or the director of
the Division of Resource Planning and Management to
serve in his absence. The executive director of the
Department of Natural Resources may appoint his assis-
tant executive director, the deputy assistant director for
Land Resources, the director of the Division of State
Lands, or the director of the Division of Recreation and
Parks to serve in his absence. The Secretary of Commu-
nity Affairs shall be the chairman of the governing body
of the trust. The Governor shall appoint the initial three
governing body members between February 1 and Feb-
ruary 15, 1991, and those appointments shall take effect
immediately. Thereafter, the Governor shall make his
appointments upon the expiration of any current terms.
(2) Of the initial governing body members, two of the
Governor's appointees shall serve for a term of 2 years
and the remaining one shall serve for a term of 4 years
from the date of appointment. Thereafter, governing
body members whom the Governor appoints shall serve


for terms of 4 years. The Governor may fill any vacancy
for an unexpired term.
(3) Governing body members shall receive no com-
pensation for their services, but shall be entitled to the
necessary expenses, including per diem and travel
expenses, incurred in the discharge of their duties pur-
suant to this part, as provided by law.
History.-s. 28, ch. 89-175; s. 2. ch. 90-192; s. 17, ch. 90-217; s. 7, ch. 91-192.
'Note.-Repealed effective October 1, 1999. by s. 2, ch. 90-192, and scheduled
for review pursuant to s. 11.611.

1380.505 Meetings; quorum; voting.-The powers of
the trust shall be vested in its governing body members.
The governing body may delegate such powers to
department staff as it deems necessary. Three mem-
bers of the governing body shall constitute a quorum for
the purpose of conducting its business and exercising
its powers and for all other purposes. However, the gov-
erning body may take action only upon an affirmative
vote of at least three members. The governing body
shall meet at least quarterly, and may meet more often
at the call of the chairman or upon an affirmative vote of
three members.
History.-s. 28, ch. 89-175; s. 2, ch. 90-192; s. 18, ch. 90-217; s. 8, ch. 91-192.
'Note.-Repealed effective October 1, 1999 by s. 2, ch. 90-192, and scheduled
for review pursuant to s. 11.611.

1380.506 Support services.-The department shall
furnish administrative, personnel, and other support ser-
vices necessary for the trust to accomplish the pur-
poses of this part.
History.-s. 28, ch. 89-175; s. 2, ch. 90-192; s. 9, ch. 91-192.
'Note.-Repealed effective October 1. 1999, by s. 2, ch. 90-192, and scheduled
for review pursuant to s. 11.611.

1380.507 Powers of the trust.-The trust shall have
all the powers necessary or convenient to carry out the
purposes and provisions of this part, including:
(1) To make and execute contracts and other instru-
ments necessary or convenient to the exercise of the
powers of the trust.
(2) To undertake, coordinate, or fund activities and
projects which will help bring into compliance and help
implement the conservation, recreation and open space,
and coastal elements of local comprehensive plans, or
which will otherwise serve to conserve natural resources
and resolve land use conflicts, including, but not limited
to:
(a) Redevelopment projects.
(b) Resource enhancement projects.
(c) Public access projects.
(d) Urban waterfront restoration projects.
(e) Site reservation.
(3) To provide technical and financial assistance to
local governments, state agencies, water management
districts, regional planning councils, and nonprofit agen-
cies to carry out projects and activities to achieve the
purposes of this part.
(4) To acquire and dispose of real and personal
property or any interest therein when necessary or
appropriate to protect the natural environment, provide
public access or public recreational facilities, preserve
wildlife habitat areas, provide access for managing
acquired lands, or otherwise carry out the purposes of
this part. If the trust acquires land for permanent state
ownership, title to such land shall be vested in the Board


F.S. 1991


U.n. Jou


LAND AND WATER MANAGEMENT





3AA. 1i


of Trustees of the Internal Improvement Trust Fund. Not-
withstanding any other provision of law, the trust may
enter into an option agreement to purchase lands
included in projects approved according to this part,
when necessary to reserve lands during the preparation
of project plans and during acquisition proceedings. The
consideration for an option shall not exceed $100,000.
(5) To acquire interests in land by means of land
exchanges, and to enter into all alternatives to the acqui-
sition of fee interests in land, including the acquisition
of conservation easements, life estates, leases, and
leaseback arrangements. The trust may accept dona-
tions of any interest in land.
(6) To award grants and make loans to local govern-
ments and nonprofit organizations for the purposes
listed in subsection (2) and for acquiring fee title and
less than fee title, such as conservation easements or
other interests in land, for the purposes of this part.
(7) To provide by grant or loan up to the total cost
of any project approved according to this part, including
the local share of federally supported projects. The trust
may require local funding participation in projects. The
trust shall determine the funding it will provide by con-
sidering the total amount of funding available for the
project, the fiscal resources of other project partici-
pants, the urgency of the project relative to other eligible
projects, and other factors which the trust shall have
prescribed by rule. The trust may fund up to 100 percent
of any local government land acquisition costs, if part of
an approved project.
(8) After notification to the local government
involved, to undertake or to authorize a nonprofit organi-
zation to undertake any project or activity, or portion of
a project or activity, approved according to this part,
which the local government is unable to undertake or
becomes unable to complete.
(9) To invest any funds held in reserves or sinking
funds, or any funds not required for immediate disburse-
ment, in such investments as may be authorized for
trust funds under s. 215.47, and in any other authorized
investments, if such investments are made on behalf of
the trust by the State Board of Administration.
(10) To contract for and to accept gifts, grants, loans,
or other aid from the United States Government or any
person or corporation, including gifts of real property or
any interest in real property.
(11) To make rules necessary to carry out the pur-
poses of this part and to exercise any power granted in
this part, pursuant to the provisions of chapter 120.
Rules relating to the acquisition of lands using proceeds
from the Preservation 2000 Trust Fund must be consist-
ent with requirements for acquisition of state land speci-
fied in s. 253.025.
(12) To contract with private consultants and non-
profit organizations for professional and technical assist-
ance and advice.
(13) To make and execute agreements, contracts,
and other instruments necessary or convenient in the
exercise of the powers and functions of the trust under
this part, including contracts with any person, firm, cor-
poration, local government, or other entity. The trust may
contract for real estate services for the acquisition or dis-
posal of land and may pay reasonable real estate com-


mission fees for such services. All local governments
established under the laws of the state may enter into
and do all things necessary to perform such contracts
and otherwise cooperate with the trust to achieve the
purposes of this part.
(14) To conduct promotional campaigns, including
advertising, for the sale of communities trust license
plates authorized in s. 320.08065.
History.-s. 28, ch. 89-175; s. 2, ch. 90-192; s. 10. ch. 91-192.
'Note.-Repealed effective October 1, 1999, by s. 2. ch. 90-192, and scheduled
for review pursuant to s. 11.611.

1380.508 Projects; development, review, and
approval.-
(1) The trust shall request appropriate state agen-
cies, local governments, nonprofit organizations, and
other public and private groups to assist in the formula-
tion of criteria and guidelines for the development and
evaluation of projects, which the trust shall adopt by
rule.
(2) The chairman of the governing body of the trust
may establish an advisory committee consisting of rep-
resentatives of appropriate state agencies, local govern-
ments, nonprofit organizations, and other public and pri-
vate groups to assist the department in analyzing and
reviewing specific project proposals for the trust.
(3) In accordance with procedures adopted by the
trust, local governments and nonprofit organizations
may propose projects for the trust to consider for fund-
ing or technical assistance. When a local government
demonstrates the need for assistance in preparing a
project proposal, the trust, whenever possible, shall pro-
vide such assistance.
(4) Projects or activities which the trust undertakes,
coordinates, or funds in any manner shall comply with
the following guidelines:
(a) The purpose of redevelopment projects shall be
to restore areas which are adversely affected by scat-
tered ownership, poor lot layout, inadequate park and
open space, incompatible land uses, or other conditions
which endanger the environment or impede orderly
development. Grants and loans awarded for redevelop-
ment projects shall be used for assembling parcels of
land within redevelopment project areas for the rede-
sign of such areas and for the installation of public
improvements required to serve such areas. After rede-
sign and installation of public improvements, if any,
lands in redevelopment projects, with the exception of
lands acquired for public purposes, shall be conveyed
to any person for development in accordance with i
redevelopment project plan approved according to think
part.
(b) The purpose of resource enhancement project'
shall be to enhance natural resources which, because o
indiscriminate dredging or filling, improper location o
improvements, natural or human-induced events, o
incompatible land uses, have suffered loss of nature
and scenic values. Grants and loans awarded fc
resource enhancement projects shall be used for th(
assembly of parcels of land to improve resource mar
agement, for relocation of improperly located o
designed improvements, and for other corrective mez
sures which will enhance the natural and scenic charac
ter of project areas.


Ch. 380


LAND AND WATER MANAGEMENT


S.F 1991






.: 199 LAND AND WATER MANAGEMENT Ch 38 0


(c) The purpose of public access projects shall be
to acquire interests in and initially develop lands which
are suitable for and which will be used for public
accessways to surface waters. The trust shall identify
/?'al governments and nonprofit organizations which
,11 accept responsibility for maintenance and liability for
public accessways which are located outside the state
park system. The trust may lease any public access site
developed under this part to a local government or non-
profit organization, provided that the conditions of the
lease guarantee public use of the site. The trust may
accept, from any local government or nonprofit organi-
zation, fees collected for providing public access to sur-
face waters. The trust shall expend any such funds it
accepts only for acquisition, development, and mainte-
nance of such public accessways. To the maximum
extent possible, the trust shall expend such fees in the
general area where they are collected or in areas where
public access to surface waters is clearly deficient. The
trust may transfer funds, including such fees, to a local
government or nonprofit organization to acquire public
access sites. In developing or coordinating public
access projects, the trust shall ensure that project plans
involving beach access are consistent with state laws
governing beach access.
(d) The purpose of urban waterfront restoration proj-
ects shall be to restore deteriorated or deteriorating
urban waterfronts for public use and enjoyment. Urban
waterfront restoration projects shall include public
access sites.
(e) The trust shall cooperate with local governments,
state agencies, federal agencies, and nonprofit organi-
zations in ensuring the reservation of lands for parks,
recreation, fish and wildlife habitat, historical preserva-
tion, or scientific study. In the event that any local gov-
ernment, state agency, federal agency, or nonprofit
organization is unable, due to limited financial resources
or other circumstances of a temporary nature, to acquire
a site for the purposes described in this paragraph, the
trust may acquire and hold the site for subsequent con-
veyance to the appropriate local government or non-
profit organization. The trust may provide such technical
assistance as is required to aid local governments, state
and federal agencies, and nonprofit organizations in
completing acquisition and related functions. The trust
shall not reserve lands acquired in accordance with this
paragraph for more than 5 years from the time of acquisi-
tion. A local government, federal or state agency, or non-
profit organization may acquire the land at any time dur-
ing this period for public purposes. The purchase price
shall be based upon the trust's cost of acquisition, plus
administrative and management costs in reserving the
land. The payment of this purchase price shall be by
money, trust-approved property of an equivalent value,
or a combination of money and trust-approved property.
If, after the 5-year period, the trust has not sold to a local
government or nonprofit organization land acquired for
site reservation, the trust shall dispose of such land at
fair market value or shall trade it for other land of compa-
rable value which will serve to accomplish the purposes
of this part. Any proceeds from the sale of such land
shall be deposited in the Florida Communities Trust
Fund.


Project costs may include costs of providing parks, open
space, public access sites, scenic easements, and
other areas and facilities serving the public where such
features are part of a project plan approved according
to this part. In undertaking or coordinating projects or
activities authorized by this part, the trust shall, when
appropriate, use and promote the use of creative land
acquisition methods, including the acquisition of less
than fee interest through, among other methods, con-
servation easements, transfer of development rights,
leases, and leaseback arrangements. The trust also
shall assist local governments in the use of sound alter-
native methods of financing for funding projects and
activities authorized by this part. Any funds over and
above eligible project costs, which remain after comple-
tion of a project approved according to this part, shall
be transmitted to the state and deposited in the Florida
Communities Trust Fund.
(5) The governing body of the trust shall approve
projects, project plans, grants, and loans according to
rules which it shall have adopted and which are consist-
ent with the provisions of this part. In reviewing project
plans and grant and loan applications, the trust shall
seek to promote excellence of design and shall encour-
age projects which integrate structures into the natural
environment.
(6) Following approval of a proposed project, the
trust may provide up to the total cost of preparing a proj-
ect plan.
(7) The trust shall ensure that each local government
within which a project is located or partially located par-
ticipates in developing the project plan to make certain
that the plan is consistent with each affected local gov-
ernment's comprehensive plan. The trust shall include
within its rules a process whereby affected local govern-
ments shall make a final determination of a project plan's
consistency with local comprehensive plans.
(8) The trust shall coordinate its activities with other
state agencies responsible for land use, environmental
protection, and land acquisition to avoid unnecessary
duplication and to solicit the help and expertise of exist-
ing state personnel.
History.-s. 28 ch. 89-175; s. 2. ch. 90-192. s 19. ch 0-217. s 11. ch. 91-192.
'Note.-Repealed effective October 1, 1999. by s 2. ch 90-192, and scheduled
for review pursuant to s. 11.611.

1380.509 First-year duties of the department.-Dur-
ing fiscal year 1991-1992, the department, on behalf of
the trust, shall perform the following duties:
(1) Conduct a study of local government needs for
implementing the conservation, recreation and open
space, and coastal elements of their comprehensive
plans.
(2) Gather information to help the trust determine
criteria for evaluating and approving projects authorized
by this part.
(3) Arrange for the development, promotion, and
sale of a Florida Panther license plate.
(4) Consult with other states, private businesses,
nonprofit organizations, local governments, and other
entities to find innovative but sound financing tech-
niques and land acquisition methods which the trust,
local governments, or nonprofit organizations may use
in implementing this part.


LAND AND WATER YANAGEMENT


Clh 380N


FS 1~91





F.S. 1991


LAND AND WATER MANAGEMENT


Ch. 380


(5) Research the feasibility of helping establish local
private or public land trusts to assist local governments
in acquiring and managing land.
(6) Conduct any other research which would enable
the trust to assist local governments in carrying out
activities and projects authorized by this part.
History.-s. 28, ch. 89-175; s. 2, ch. 90-192; s. 12. ch. 91-192.
'Note.-Repealed effective October 1, 1999, by s. 2, ch. 90-192. and scheduled
for review pursuant to s. 11.611.

'380.510 Conditions of grants and loans.-
(1) The trust may seek repayment of funds loaned
pursuant to this part on terms and conditions as it
deems appropriate to carry out the provisions of this
part.
(2) Trust loan applications may include a require-
ment that the loan include all reasonable and necessary
administrative costs that the trust incurs in processing
and administering the loan application.
(3) In the case of a grant or loan for land acquisition,
agreements shall provide all of the following:
(a) The trust shall approve the terms under which
the interest in land is acquired.
(b) The transfer of land acquired with a trust grant
or loan shall be subject to the approval of the trust, and
the trust shall enter into a new agreement with the trans-
feree, containing such covenants, reverter clauses, or
other restrictions as are sufficient to protect the interest
of the people of Florida.
(c) The interest in land acquired with a loan or grant
from the trust may not serve as security for any debt the
grantee or borrower incurs unless the trust approves the
transaction.
(d) If any essential term or condition of a grant or
loan is violated, title to all interest in real property
acquired with state funds shall immediately revert to the
state. The trust shall treat such property in accordance
with s. 380.508(4)(e).
(e) If the existence of a nonprofit organization or
local government terminates for any reason, title to all
interest in real property it has acquired with state funds
shall immediately revert to the state, unless the trust
negotiates an agreement with another local government
or nonprofit organization which agrees to accept title to
all interest in and to manage the property.
Any deed or other instrument of conveyance whereby
a nonprofit organization or local government acquires
real property under this section shall set forth the rever-
sionary interest of the state. The trust shall keep at least
one copy of any such instrument and shall provide at
least one copy to the Board of Trustees of the Internal
Improvement Trust Fund.
(4) The trust shall require in a grant or loan agree-
ment terms sufficient to protect the public interest in any
improvement or development constructed under a grant
or loan to a nonprofit organization or local government.
The agreement shall describe with particularity any real
property which is subject to the agreement, and the
trust shall record the agreement in the county in which
the real property is located.
(5) Any funds the trust collects from a nonprofit
organization or local government under a grant or loan
agreement shall be deposited in the Florida Communi-
ties Trust Fund.


(6) Funds the trust loans for land acquisition may, i
part, be used to pay reasonable real estate commission
fees.
(7) Any funds received by the trust from the Prese
vation 2000 Trust Fund pursuant to s. 259.101(3)(c) shall
be held separate and apart from any other funds held bi
the trust and shall be used only to pay the cost of thd
acquisition of lands in furtherance of outdoor recreation
and natural resources conservation in this state by 4
state agency, a local government, or a nonprofit organic
zation. Such funds may not be used to pay for a redevel
opment project or an urban waterfront restoration proj
ect or for site reservation except to acquire natural areas
to help implement the conservation or recreation and
open space elements of the local comprehensive plan:
In addition to the other conditions set forth in this sec
tion, the disbursement of Preservation 2000 funds from
the trust shall be subject to the following conditions: ^
(a) The administration and use of any funds received
by the trust from the Preservation 2000 Trust Fund shall
be subject to such terms and conditions imposed
thereon by the agency of the state responsible lor the
issuance of the revenue bonds, the proceeds of which
are deposited in the Preservation 2000 Trust Fund,
including restrictions imposed to ensure that the interest
on any such revenue bonds issued by the state as tax-
exempt revenue bonds will not be included in the gross
income of the holders of such bonds for federal income
tax purposes.
(b) All deeds or leases with respect to any real prop-
erty acquired with funds received by the trust from the
Preservation 2000 Trust Fund shall contain such cove
nants and restrictions as are sufficient to ensure thai the
use of such real property at all times complies with s.
375.051 and s. 9, Art. XII of the State Constitution and
shall contain reverter clauses providing for the reversion
of title to such property to the Board of Trustees ol Ihe
Internal Improvement Trust Fund or, in the case ol a
lease of such property, providing for termination ol the
lease upon a failure to use the property conveyed
thereby for such purposes. All such real properly shall
first be titled in the Board of Trustees of the Internal
Improvement Trust Fund prior to the conveyance thereol
for the purposes of this part.
(8) The Auditor General shall conduct performance
postaudits of acquisitions and divestitures which,
according to his review of the overall Florida Communi-
ties Trust Program, he considers necessary.
History.-s. 28, ch. 89-175; s. 2, ch. 90-192; s 20, ch. 90-217; s 13. ch. 91-192.
Note.- Repealed effective October 1, 1999. by s 2, ch. 90-192, and scheduled
for review pursuant to s 11.611.

1380.511 Florida Communities Trust Fund.-
(1) There is created the Florida Communities Trust
Fund as a nonlapsing, revolving fund for projects, activi-
ties, acquisitions, and operating expenses necessary to
carry out this part. The fund shall be held and adminis-
tered by the trust. The following shall be credited to or
deposited in the Florida Communities Trust Fund:
(a) All moneys and revenue from the operation, man-
agement, sale, lease, or other disposition of land, water
areas, related resources, and the facilities thereon
acquired or constructed under this part.
(b) Moneys accruing to any agency for the purposes
listed in this part.





S. 1991 LAND AND WATE

(u) Proceeds from the sale of environmental license
plates authorized in s. 320.08065.
(d) Other moneys as the Legislature authorizes.
11 moneys so deposited into the Florida Communities
'ist Fund shall be trust funds for the uses and pur-
jses set forth in this section, within the meaning of s.
215.32(1)(b); and such moneys shall not become or be
commingled with the General Revenue Fund of the
state, as defined by s. 215.32(1)(a).
(2) The trust may expend any moneys in the Florida
Communities Trust Fund to acquire land, water areas,
and related resources and to construct, improve,
enlarge, extend, operate, and maintain capital improve-
ments and facilities in accordance with this part, except
as limited by s. 380.510(7).
(3) The trust may disburse moneys in the Florida
Communities Trust Fund to pay all necessary expenses
to carry out the purposes of this part, except as limited
by s. 380.510(7).
Histoy.-s. 28, ch. 89-175; s. 2. ch. 90-192; s. 4, ch. 90-194; s. 14, ch. 91-192.
'Note.-Repealed effective October 1, 1999. by s. 2, ch. 90-192, and scheduled
for review pursuant to s. 11.611.

1380.512 Annual report.-The trust shall submit to
the Governor, the Speaker of the House of Representa-
tives, the President of the Senate, and the minority lead-
ers of the House of Representatives and the Senate,
within 3 months after the end of its fiscal year, a com-
plete and detailed report setting forth:
(1) Its operations and accomplishments.
(2) Its receipts and expenditures during the fiscal
year, in accordance with the categories or classifications
the trust establishes for its operating and capital outlay
purposes.
(3) Its assets and liabilities at the end of its fiscal
year and the status of reserve, special, or other funds.


..R ANAGMENTCh. 380


(4) An evaluation of the effectiveness of the projects
undertaken in carrying out this part.
(5) Identification of additional funding, legislation, or
other resources required to carry out the objectives of
this part more effectively.
(6) The results of the department's study of local
government needs for implementing the specified ele-
ments of their comprehensive plans.
(7) An account of any other trust or department
duties established by this part.
Histoy.-s. 28. ch. 89-175; s. 2, ch. 90-192; s. 15. ch. 91-192.
'Note.-Repealed effective October 1, 1999. by s. 2, ch. 90-192, and scheduled
for review pursuant to s. 11.611.

1380.513 Corporate existence.-The trust and its
corporate existence shall continue until terminated by
law. Upon termination of the agency, all its rights and
properties in excess of its obligations shall pass to and
be vested in the state.
Histoy.-s. 28, ch. 89-175; s. 2, ch. 90-192; s. 16, ch. 91-192.
'Note.-Repealed effective October 1, 1999, by s. 2, ch. 90-192. and scheduled
for review pursuant to s. 11.611.

1380.514 Inconsistent provisions of other laws
superseded.-If the provisions of this part are inconsis-
tent with the provisions of any other law, general, spe-
cial, or local, the provisions of this part shall be control-
ling.
History.-s. 28, ch. 89-175; s. 2, ch. 90-192; s. 17, ch. 91-192.
'Note.-Repealed effective October 1, 1999, by s. 2, ch. 90-192, and scheduled
for review pursuant to s. 11.611.

1380.515 Construction.-The provisions of this part
shall be liberally construed in a manner to accomplish
its purposes.
History.-s. 28, ch. 89-175; a. 2. ch. 90-192; s. 18. ch. 91-192.
'Note.-Repealed effective October 1, 1999, by s. 2, h. 90-192, and scheduled
for review pursuant to s. 11.611.


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Ch. 380


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