Florida/Georgia Personal Injury & Workers Compensation

...e stated purpose of the act [5] and the factors *1378 enumerated in section 380.06(8), [6] which the regional planning agency must consider in making a DRI recommendation. The act specifically states that private property rights are to be preserved. § 380.021, Fla....

...ocal water supplies, schools, roads, sewage treatment facilities, and other government services. [4] Final Order of the Fla. Land and Water Adjudicatory Comm'n., Estuary Properties, Inc. v. Board of County Comm'rs., App.No. 7608 (Dec. 27, 1977). [5] § 380.021, Fla....

...te concern." Section 380.05(1)(b). Certain vested rights to develop *1065 are protected. Section 380.05(15). The Act preserves "all the existing rights of private property ... in accord with the constitutions of this state and of the United States," Section 380.021, and prohibits a rule or order which is "unduly restrictive or constitutes a taking of property without the payment of full compensation." Section 380.08(1)....

...[2] "All lands in Monroe County, except: (1) that portion ... included within ... the Everglades National Park and areas north of said Park; [and] (2) all lands seaward of mean high water that are owned by local, state, or federal governments." [3] Sec. 380.021, Fla....

...owner entitled under section 380.07(2) to appeal a development order. In reaching this determination, we are mindful of the legislative intent in setting up the DRI review process, which forms the second reason for our interpretation of the statute. Section 380.021, Florida Statutes, unequivocally provides that the procedures set forth in Chapter 380 are for the purpose of preserving our state's natural resources, as well as to "facilitate orderly and well-planned development" through state-established growth management techniques....

...We point out that such special interests are properly asserted before the local governing body having jurisdiction to control land use and development under zoning and building regulations.[3] * * * * * * [3] Emphasis on local control and the limited scope of Chapter 380 is expressed in the legislative intent, found in Section 380.021, that "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 pri...

...To be rationally related to a legitimate state interest, there must be some reasonable basis for the classification. Pinillos v. Cedars of Lebanon Hospital Corp., 403 So.2d 365, 367 (Fla. 1981). Appellees suggest that while Chapter 380 is intended to facilitate uniform regulation and orderly growth, see section 380.021, limited standing under section 380.07(2) avoids administrative and judicial delay in resolving landowners' development rights, and also represents a factor in the legislative balance between public and private rights....

...l it back. By Chapter 380 the legislature evinced equal interest in state policies "to guide and coordinate local decisions" concerning critical natural resources and in controlling the means by which state policies are imposed on local governments. Section 380.021, Florida Statutes (1975)....

...Chapter 373, Florida Statutes (1972), the "Florida Water Resources Act," controlled the regulatory aspects of the well field project. [3] Emphasis on local control and the limited scope of Chapter 380 is expressed in the legislative intent, found in Section 380.021, that "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 pri...

...those issues first requires a review of the legislative purposes behind Chapter 380, Florida's Environmental Land and Water Management Act of 1972, which, in part, was intended to facilitate "orderly and well-planned development" within this state. Section 380.021, Florida Statutes (1972)....

...the whim of individual owners or developers, we would frustrate the obvious intent of the Legislature, which was to allow the fullest possible input by regional and state authorities into areas of development which will have extra-local impact. See Section 380.021, Florida Statutes (1975)....

...The department may exercise any power herein authorized to be exercised by a water management district; however, to the greatest extent practicable such power should be delegated to the governing board of a water management district. while in Ch. 72-317 (Fla. Stat. § 380.021) the legislative purpose was set forth as: It is the legislative intent that, in order to protect the natural resources and environment of this state as provided in section 7 of article II of the constitution of this state, and to insure a...

...380, the Legislature intended that to facilitate orderly growth, it was necessary that the state establish overall policies to guide developments within the state, to better protect the quality of life of our present and future residents. Fla. Stat. § 380.021....

...y had the right (which it has exercised) to seek review of the dismissal in this Court. [3] Chapter 380, Florida Statutes (1973). Also see Finnell, Saving Paradise: The Florida Land & Environmental Act, 1972 Urban Law Annual 103. [4] Florida Statute 380.021....

...The case presented here involves both policy decisions and questions of fact, the latter requiring technical input. We recognize the discretion given the Commission under Sections 380.06 and .07, Florida Statutes, to make policy decisions that implement the legislative purposes outlined in Section 380.021, Florida Statutes....

...1962)) (emphases deleted). The DRI statute along with the statutes which authorize the ARPC to set and collect fees relate to regulation which has as its aim the protection of "the health, welfare, safety, and quality of life of the residents of this state... ." Section 380.021....

...Dep't of Cmty. Affairs, 379 So.2d 376 (Fla. 1st DCA 1980); § 380.0552, Fla. Stat. (1997). The reason Monroe County was designated an area of critical state concern was to provide for an increased state role in decisions which have a statewide impact. See § 380.021, Fla....

...the goal of the Local Government Comprehensive Planning and Land Development Regulation Act, was designed to protect the natural resources of the state by, among other things, adequately planning for and guiding growth and development in the state. § 380.021, Fla....

...atutes in question and should be rejected by this court. [9] The Florida Environmental Land and Water Management Act [10] was enacted to protect and preserve the natural resources and environment of this state, an exercise of the *1007 police power. § 380.021, Fla....

...keeping with the general policy that dictated its enactment. 49 Fla.Jur.2d Statutes, section 179. I would reverse and remand with directions that Appellee Department afford DRI review. NOTES [1] This order has not been appealed. [2] Florida Statutes section 380.021 states, in part, as follows: Purpose....

facilitate orderly and well planned development. Section 380.021, Florida Statutes. In Sarasota County v. Beker

...re, by a determination that the appellant lacks standing. Such a rule would eliminate the need for the state agency to intrude into or interrupt the local decision making and appeal process, and would also be consistent with the letter and spirit of Section 380.021 which provides: [S]tate 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; ......

constitutions of this state and of the United States. [Section 380.021, F. S.; emphasis supplied.] Sections 163