Florida/Georgia Personal Injury & Workers Compensation

...Subsection (a) reaches beyond those areas to include, as similarly eligible for designation, areas which for unstated reasons "impact" valued resources elsewhere. Subsection (b) expands the choice to include areas which in unstated ways affect or are affected by any "major public facility" which is defined in Section 380.031(10), or any "major public investment," which is not....

...property under subsection 337.241(2): Upon recording [the map of reservation], such map shall establish: (a) A building setback line from the centerline of any road existing as of the date of such recording; and no development permits, as defined in s. 380.031(4), [ [3] ] shall be granted by any governmental entity for new construction of any type or for renovation of an existing commercial structure that exceeds 20 percent of the appraised value of the structure....

...No restriction shall be placed on the renovation or improvement of existing residential structures, as long as such structures continue to be used as private residences. (b) An area of proposed road construction within which development permits, as defined in s. 380.031(4), shall not be issued for a period of 5 years from the date of recording such map....

...al widening of an existing road... . [3] A development permit "includes any building permit, zoning permit, plat approval, or rezoning, certification, variance, or other action having the effect of permitting development as defined in this chapter." § 380.031(4), Fla....

...(quoting Cross Key Waterways v. Askew, 351 So.2d 1062, 1069 (Fla. 1st DCA 1977)). Subsection (b) suffered a similar defect by expanding "the choice to include areas which in unstated ways affect or are affected by any `major public facility' which is defined in Section 380.031(10), or any `major public investment,' which is not." Id....

...tions 380.05(1)(a), and (2)(a) and (b), Florida Statutes (1975). Rule 22F-8 designates virtually all the Florida Keys [2] as an area of "critical state concern" and prescribes principles for guiding development of the area's "earth, water, and air." Section 380.031(6)....

...Subsection (a) reaches beyond those areas to include, as similarly eligible for designation, areas which for unstated reasons "impact" valued resources elsewhere. Subsection (b) expands the choice to include areas which in unstated ways affect or are affected by any "major public facility," which is defined in Section 380.031(10), or any "major public investment," which is not....

...(2015) (addressing procedures for proposed change to a previously approved DRI). Any “developer” may submit a notice of proposed change to a DRI order. See § 380.06(19)(a); (f)2., Fla. Stat. “Developer” is defined to mean “any person . . . undertaking any development as defined in this chapter.” § 380.031(2), Fla....

...review of the impact that a proposed DRI will have upon the environment, economy and adequacy of housing of the geographic area, as well as upon government's ability to furnish adequate public transportation, water, sewer and solid waste disposal. §§ 380.031(13), 380.06(11)(a) 1.-6., Florida Statutes....

...d Community Affairs. See, e.g., § 163.3164(18), Fla. Stat.; Fla. Admin. Code Rule 27F-1.01(5). [8] See Note 3. [9] A "developer" is defined as "any person, including a governmental agency, undertaking any development as defined in" chapter 380. See § 380.031(4), Fla....

...After hearing oral argument and considering briefs submitted by all concerned parties, the Circuit Court judge dismissed the petition for writ of certiorari. In a comprehensive order, the judge noted that the County Commission's denial of zoning changes and development permits constituted a "development order" as defined in Section 380.031(2), [4] Florida Statutes, and that the petitioners were therefore required to appeal the denial to the Florida Land and Water Adjudicatory Commission, which was expressly establish for the purpose of hearing appeals from development orders....

...Ordinarily, certiorari is the only means of reviewing a zoning decision by Dade County. However, where a development of regional impact is involved, the provisions of Chapter 380 are applicable, and review must be had in accordance with the dictates of that law. Thus, when a development order as defined in Section 380.031(2) is rendered by the Dade County Commissioners, any appeals must be taken to the Florida Land and Water Adjudicatory Commission....

...[3] The Council's Impact Assessment for the Kendale Lakes project clearly displays that full consideration was given to the criteria for evaluation set forth in § 380.06(8), Fla. Stat. (1975), as well as to other areas of concern not specifically mentioned in the statute. [4] § 380.031(2) defines a development order as "any order granting, denying, or granting with conditions an application for a development permit." A development permit includes "any building permit, zoning permit, plat approval, or rezoning, certification, variance, or other action having the effect of permitting development as defined in this chapter," § 380.031(3), Fla....

...Development is specifically defined in § 380.04(2)(b) as including "[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... ." [5] § 380.07, Fla. Stat. (1975). See textual discussion infra. [6] § 380.031(4) defines a developer as "any person ......

...ined as: "`Development' means the carrying out of any building or mining operation or the making of any material change in the use or appearance of any structure *477 or land and the dividing of land into three or more parcels." "Land" is defined in § 380.031(6) as including "......

...n to accomplish these ends through delegation of appropriate powers to the various water management districts." We have not overlooked that Ch. 380 does involve water in development of land. As mentioned above, the definitional section of the Act in § 380.031(6) provides that the word "land" includes "earth, water and air." There may well be projects which will bring into play regulatory aspects of both Chs....

...shall specify its reasons in writing and indicate any changes in the development proposal that would make it eligible to receive the permit." (Emphasis added) The Adjudicatory Commission is a "governmental agency" to which those provisions apply. (F.S. 380.031(5)) [4] The requirement that the Adjudicatory Commission specify changes which would make a development proposal eligible for approval indicates a legislative intention to give the entire review process a definite point of termination....

...se a taking or damaging of the property in question. See Miami v. Romer, 58 So.2d 849 (Fla. 1952); Annot., 37 A.L.R. 3d 127, 132 (1971). Section 337.241(2)(a) forbids the responsible permitting agency from granting development permits, as defined in Section 380.031(4), Florida Statutes, [1] in areas where roads are proposed to be constructed for a period of five years, now ten years, from the recording of the map....

...such permits, or to acquire the property or initiate proceedings in eminent domain. The language of section 337.241, restricting the issuance of development permits for the time specified must, in my judgment, by reason of the statute's reference to section 380.031(14), be read in pari materia with other pertinent provisions of statutes relating to the issuance of development permits; including Section 403.201, Florida Statutes, allowing DER to grant variances under the conditions stated in the...

...y affected. I would therefore neither address the constitutional claims nor certify the question to the Florida Supreme Court as one of great public importance. NOTES [1] As previously noted, appellant has already apprised itself of that remedy. [1] Section 380.031(4) defines development permit as "including any building permit, zoning permit, plat approval or rezoning, certification, variance, or other action having the effect of permitting development as defined in this chapter." [2] Parallel...

...The trial court found that Mertz did not fall under the definition of a developer under the statute, and therefore the evidence was found to be inadmissible as irrelevant. We agree with the trial court's findings that the evidence was properly excluded. Section 380.031(4), Florida Statutes (1981), defines "developer" as "any person, including a governmental agency, undertaking any development as defined in this chapter." "Development" is defined in section 380.04 as including the dividing of land into three or more parcels....

...by an agency having the power of eminent domain where no formal exercise of that power has been undertaken."). [11] "Land development regulations" include local zoning, subdivision, building and other regulations controlling the development of land. § 380.031(8), Fla....

...d the review process for local zoning decisions in cases involving developments of regional impact. We think that a fair reading of chapter 380 leads undeniably to the conclusion we have reached. The relevant portions of that chapter are as follows: 380.031 Definitions....

...authorities. § 380.06(6). This application must not only request approval for DRI status but must also ask for approval under all applicable local zoning laws because the definition of a development permit includes all requests for zoning approval. § 380.031(3)....

...Ordinarily, certiorari is the only means of reviewing a zoning decision by Dade County. However, where a development of regional impact is involved, *1255 the provisions of Chapter 380 are applicable, and review must be had in accordance with the dictates of that law. Thus, when a development order as defined in Section 380.031(2) is rendered by the Dade County Commissioners, any appeals must be taken to the Florida Land and Water Adjudicatory Commission....

...in regard to any development of regional impact" may be appealed to the Adjudicatory Commission. Fla. Stat. § 380.07(2) (1977) (emphasis added). For purposes of the act, development order is defined as "any order granting, denying or granting with conditions an application for a development permit ." Id. § 380.031(2) (emphasis added). Development permit, in turn is defined to include "any building permit, zoning permit, plat approval, or rezoning, certification, variance or other action having the effect of permitting development as defined in this chapter." Id. § 380.031(3) (emphasis added)....

...e State Administration Commission with the responsibility to "either reject the recommendation as tendered or adopt the same with or without modification and by rule designate the area of critical state concern." (Emphasis supplied.) Florida Statute 380.031(14) states: "`Rule' means a rule adopted under chapter 120." This record discloses without contradiction that the Administration Commission sought to comply with the provisions of Chapter 120 in adopting Rule 22F-8....

...UNDISPUTED FACTS As to Plaintiffs' Motion for Partial Summary Judgment as to Count I (D.E.# 94) and Defendant's Cross-Motion for Summary Judgment as to Count I (D.E.# 99) 1. Ordinance 004-1997 ("the Ordinance") is a Land Development Regulation ("LDR") within the meaning of Fla Stat. 380.031(8). Under Chapter 380, the Department of Community Affairs (the "Agency") serves as the "State land planning agency." § 380.031(18), Fla....

...[4] The Florida Division of Forestry requires a permit to conduct the rides in the State Forest, which the Wilsons obtained. [5] Apparently, in order to find the meaning of the term "development order," it is necessary to go to chapter 380, the legislation pertaining to "Land and Water Management." Section 380.031 defines a "Development Order" to be "any order granting, denying, or granting with conditions an application for a development permit." "Development Permit" is defined to include "any building permit, zoning permit, plat approval, or...

hold an administrative hearing on the appeal. Section 380.031, Florida Statutes (1981), provides in pertinent

...under section 380.06(20), we reverse the order of the Department of Community Affairs and remand with directions to dismiss the administrative proceedings against appellant. REVERSED and REMANDED. GOSHORN, C.J., COWART and DIAMANTIS, JJ., concur. . Section 380.031(4), Florida Statutes (1989) defines the term "development permit" to include a rezoning "having the effect of permitting development”....

...Board of County Commissioners of Monroe County, Florida, 456 So.2d 904 (Fla. 1st DCA). Our decisions, which hopefully will clarify the statute's ambiguities, should, wherever possible, shun mechanical applications in favor of interpretations which carry out overall legislative intent. NOTES [1] "Person" is defined in Section 380.031(14), Florida Statutes (1983) as "an individual, corporation, governmental agency, business trust, estate, trust, partnership, association ......