CopyCited 14 times | Published | Florida 3rd District Court of Appeal | 1990 WL 67338
...According to the clear terms of the applicable statute, only the Florida Department of Community Affairs (FDCA), the state land planning agency, has the power to require a developer, here the county, to undergo a Development of Regional Impact (DRI) review. §
380.032(1); [2] §
380.06(5)(b), Fla....
...[2] 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 administration and enforcement of this act and all rules and regulations promulgated hereunder. § 380.032(1)....
CopyCited 12 times | Published | Florida 1st District Court of Appeal
...4th DCA 1975); Furnans v. Santa Rosa Island Authority,
315 So.2d 481 (Fla. 1st DCA 1975). In this case, which is one of first impression, Friends seek to invoke section
403.412(2) to compel the Department to carry out its enforcement duties under Chapter 380. See Section
380.032(1), Florida Statutes (1981), which provides the Department with the "power and duty" to "[e]xercise general supervision of the administration and enforcement " of Chapter 380 (e.s.)....
CopyPublished | Florida 1st District Court of Appeal
...Thus, contrary to SDI’s assertion below,
section
380.06 clearly included the term “development agreement.”
While 2017 version of section
380.06(8), Florida Statutes,
contemplated a development agreement between the state land
planning agency and the developer, section
380.032(3) permits the
State land planning agency to enter into an agreement separate
and distinct from the preliminary development agreement
specifically contemplated by section
380.06(8). See §
380.032(3),
Fla....
...[e]nter into agreements with any landowner,
developer, or governmental agency as may be necessary to
30
effectuate the provisions and purposes of this act or any rules
promulgated hereunder.” (emphases supplied)).
With its “broad” grant of authority, section
380.032(3) permits
the State land planning agency to enter into development
agreements with entities beyond just the developer. See Compass
Lake Hills Dev. Corp. v. State, Dep’t of Cmty. Affs., Div. of State
Plan.,
379 So. 2d 376, 382 (Fla. 1st DCA 1979) (citing §
380.032(3),
Fla....
...to appeal the amended development order to FLWAC. Our
research indicates that such agreements are not new to the DRI
process which has been said to encourage such compromise and
informal settlement of issues.” (emphasis supplied)).
Even though section 380.032(3) does not expressly use the
phrase “development agreement,” that appears to be what the
provision contemplates....
...Compare §
163.3220(4), Fla. Stat. (2017)
31
(“This intent is effected by authorizing local governments to enter
into development agreements with developers, subject to the
procedures and requirements of ss.
163.3220-163.3243.”) with
§
380.032(3), Fla....
...(2017) (“Enter into agreements with any
landowner, developer, or governmental agency as may be
necessary to effectuate the provisions and purposes of this act or
any rules promulgated hereunder.”).
Indeed, it appears that the 1984 agreement and Ordinance 89-
9 are precisely the type of agreements authorized by section
380.032 and at issue in Compass Lake Hills and Friends of
Everglades – agreements that brought the developer back into
compliance with the requirements of Chapter 380 and the DRI DO.
And unlike section
380.06(8), the version of section
380.032 in
effect today is the same version that was in effect in 2017....
...(creating “The Florida Environmental
Land and Water Management Act of 1972”); see also Ch. 72-317,
§ 6, Laws of Fla. (establishing Developments of Regional Impact as
part of “The Florida Environmental Land and Water Management
Act of 1972”); Ch. 77-215, § 1, Laws of Fla. (creating section
380.032(3) as part of “The Florida Environmental Land and Water
Management Act of 1972”).
Thus, contrary to SDI’s misrepresentations of law, state and
local governments can rely on sections
163.3220 and
380.032,
Florida Statutes, to execute development agreements with
developers whose development rights are controlled by a DRI DO.
IV
A
The trial court erroneously concluded that...
...ened appeal of
Walton County’s determination that the proposed Master Plan did
not constitute a substantial deviation.” Despite the County’s
admission, the trial court did not address whether the 1984
Agreement is a development agreement under section
380.032,
Florida Statutes.
Because it resolved a dispute between a developer and the
state land planning agency as to whether proposed deviations to
the Sandestin DRI DO were substantial or non-substantial, the
1984 Agreement may qualify as a development agreement. See
generally Compass Lake Hills,
379 So. 2d at 382 (citing §
380.032(3), Fla....
...DO. The resolution of that
dispute—in the form of Ordinance 2017-12—may qualify as a new
development agreement between SDI and the County. On remand,
the trial court should answer that question. Cf. Compass Lake
Hills,
379 So. 2d at 382 (citing §
380.032(3), Fla....
