Florida/Georgia Personal Injury & Workers Compensation

...f a structure; the use of structures for customary dwelling purposes; changes of usage within the same regulated class of use; changes in ownership; and changes in rights of access, riparian rights, easements and covenants affecting rights and land. Section 380.04....

...of a structure; the use of structures for customary dwelling purposes; changes of usage within the same regulated class of use; changes in ownership; and changes in rights of access, riparian rights, easements and covenants affecting rights in land. Section 380.04....

...Stat. (2015). “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.” § 380.04(1), Fla....

...because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county." (e.s.) This definition must be read in pari materia with the definition of a "development" in Section 380.04, Florida Statutes, since both sections were originally enacted as part of the same legislative enactment — Chapter 72-317, Sections 1 and 4, Laws of Florida....

...ny 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. Stat. (1975). 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......

...See textual discussion infra. [6] § 380.031(4) defines a developer as "any person ... undertaking any development as defined in [Chapter 380]." Development is defined as including "any material change in the use or appearance of any structure or land," § 380.04(1), as well as "[a] change in the intensity of use of land, such as an increase in the number of dwelling units... ." § 380.04(2)(b), Fla....

...The appellants presented testimony that if during the withdrawal tests any harm was done to the area, that SWFWMD would require pumping to be decreased or ceased altogether. Lake Padgett contends that the Cypress Creek project falls within the definition of "development" which under § 380.04(1) is defined 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 "......

...The final order also granted 1000 Friends of Florida intervenor status. This appeal by Monroe County then ensued. Monroe County's primary contention on appeal is that the FDCA lacks jurisdiction over the subject matter because the County's road work is not "development," as that term is defined under section 380.04, Florida Statutes (1987). We agree. The definition of development in section 380.04, Florida Statutes, specifically excludes "[w]ork by a highway or road agency ... for the maintenance or improvement of a road ... if the work is carried out on land within the boundaries of the right-of-way." § 380.04(3)(a), Fla....

...not "development" under chapter 380, Florida Statutes, the FDCA lacks jurisdiction to order Monroe County to cease all road work until the County complies with the County's development regulations and the provisions of chapter 380, Florida Statutes. § 380.04(3)(a), Fla....

...We note that no evidence was presented that any of the work the County performed on the road was outside the boundaries of the right-of-way. Further, the FDCA did not argue that Monroe County's road work was outside the boundaries of the right-of-way. *242 The FDCA contends the exception from development under section 380.04(3)(a), Florida Statutes, does not apply when a road agency acquires a new right-of-way....

...NOTES [1] Policy E.1.3.6 of the county's comprehensive plan requires the 25 percent set-aside on all new development on sites of 50 acres or more. The policy reads: The County shall protect environmentally sensitive areas and native vegetative communities as follows: A. The County shall require new development, as defined in Section 380.04, FS, on sites of 50 acres or more to preserve a minimum of 25 percent of the existing native vegetation on the site.......

..., does not apply to this particular project. Section 163.3194 provides that all development undertaken by a local government must conform with its comprehensive plan. However, for purposes of this act, development is given the same meaning it has in section 380.04, Florida Statutes (1985). § 163.3164(5), Fla. Stat. (1985). Section 380.04(3) specifically excludes from the term development any work done on the maintenance or improvements of roads or the construction of sewers, mains, pipes and the like on established rights of way....

...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....

...SHARP and COWART, JJ., concur. NOTES [1] Magnolia is styled as a cross-appellant/appellee for this action. This is due to its improperly filing a notice of cross-appeal rather than a notice of joinder. For purposes of this appeal, it will be considered an appellant. [2] Section 380.04(1), Florida Statutes (1981), states as follows: "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 or land and the dividing of land in...

...Both chapter 163.3164(4) and the Citrus County Code, adopted pursuant to chapter 163 [6] deal with regulations for the development of land. They provide for regulation of activities which constitute "development." [7] Both the statute and the county code define "development" by reference to section 380.04, which provides: (1) The term development means the carrying out of any building activity or mining operation, ......

...ction 163.3164(6) "applies to impacts of development activities on natural resources, not to the requirement of depicting agricultural areas on the Future Land Use Map." The above provision simply refers to the definition of development furnished in section 380.04, Florida Statutes, which in turn states in section 380.04(1), Florida Statutes (1999), that it "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." An agricultural use or operation is explicitly excluded from the definition of development. § 380.04(3)(e), Fla....

..., the intentional legislative omission of agriculture therefrom cannot be lightly disregarded. Its exclusion clearly supports the Department's interpretation that only a use which involves development requires the application of intensity standards. Section 380.04, included within the provisions of the Florida Environmental Land *205 and Water Management Act of 1972, was enacted to implement the stated purpose of the Act, which, similar to the goal of the Local Government Comprehensive Planning...

...The rule's broad language does not establish that the Department has erroneously interpreted section 163.3177. We assume that in adopting the rule, the Department did not deliberately expand the statutory powers delegated to it, but was instead cognizant of the provisions of section 380.04, removing agricultural activities from the definition of development....

...NOTES [1] No issue has been raised as to the standing of appellants to bring this appeal. [2] §§ 163.3161-.3245, Fla. Stat. (1999). [3] § 380.06, Fla. Stat. (1999). [4] § 163.3184, Fla. Stat. (1999). [5] Section 163.3164(6) adopts the definition of development set forth in section 380.04. Section 380.04(3)(e) excludes from the definition of "development" "the use of any land for the purpose of growing ......

...elopment permit" as including "any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land." Section 380.04 defines "development" as "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." [3] Cons...

...sign regulations or any other regulations controlling the development of land, except that this definition shall not apply in s. 163.3213. § 163.3164(23), Fla. Stat. In addition, this statute provides that "development" has the meaning given it in section 380.04....

...ed or other legal rights that in law would have prevented a local government from changing those regulations in a way adverse to his interests, nothing in this chapter authorizes any governmental agency to abridge those rights. (Emphasis supplied). "Section 380.04 Definition of development....

...an, and therefore while not specifically shown, it was nevertheless impliedly included in its plan. This contention, however, has not been supported by competent substantial evidence, and has been found to be without merit. In addition, to interpret Section 380.04(4), supra, to include all activities of any kind that are found in similar kinds of projects, whether or not such activities are specifically delineated, reviewed and authorized, would allow activities that had not been specifically pl...

...ment of Community Affairs, which *1277 held that Monroe County Ordinance No. 004-1997 is valid under Florida law and consistent with the Principles of Guiding Development for the Florida Keys area of critical state concern, as required by Fla. Stat. § 380.04....

...Department of Community Affairs, which held that Monroe County Ordinance No. 004-1997 is valid under Florida law and consistent with the Principles of Guiding Development for the Florida Keys area of critical state concern, as required by Fla. Stat. § 380.04....

...which prohibits vacation rentals for periods of less than twenty-eight days in certain unincorporated areas of Monroe County, to be consistent with the Principles of Guiding Development for the Florida Keys area of critical state concern pursuant to section 380.04, Florida Statutes (1997)....

...property located adjacent or proximate to appellants' property in violation of Gulf County's comprehensive plan and allege that the County allows development in wetlands such as Rish's without issuing a development order contrary to Florida law. See § 380.04(f)(g)....

...tion, special exception, variance, or any other official action of local government having the effect of permitting the development of land." § 163.3164(8) (emphasis added). Pursuant to section 163.3164(6), "development" has the meaning given it in section 380.04 of "The Florida Environmental Land and Water Management Act of 1972," and is defined there as "the carrying out of any building activity ... [or] the making of any material change in the use or appearance of any structure or land." § 380.04(1), Fla. Stat. (2009). The meaning of "development" in section 380.04(1) is more specifically defined in section 380.04(2)(b) as 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 businesses, manufacturing establishments, offices, or dwelling units in a structure or on land." Further, section 380.04(4) provides that "[r]eference to particular operations is not intended to limit the generality of subsection (1)." The City of Pompano Beach land development code adopts the statutory definition for "development order," but more specif...

...The trial court erred by entering a final summary judgment where disputed issues of material fact remained. We reverse and remand for further proceedings. Reversed and remanded. ALTENBERND and SILBERMAN, JJ., Concur. . Outlaw asserted that the limerock mining was expressly excluded from the definition of "development” in section 380.04, Florida Statutes (2012), and, therefore, that the Howell parties could not bring an action pursuant to section 163.3215(3)....

...airs ("FDCA"), which held that Monroe County Ordinance No. 004-1997 (the "Ordinance") is valid under Florida law and consistent with the Principles of Guiding Development for the Florida Keys area of critical state concern, as required by Fla. Stat. § 380.04....

...163.3164, which materially alters the use or density or intensity of use on a particular piece of property which is not consistent with the comprehensive plan adopted under this part. Section 163.3164(6), Florida Statutes (2006) provides that "Development" has the same meaning as that term is given in section 380.04. Section 163.3164(7) defines "Development order" as meaning "any order granting, denying, or granting with conditions an application for a development permit." Section 380.04 provides in pertinent part: (1) The term "development" means the carrying out of any building activity or mining operation, 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....

...This section specifically creates a cause of action for an "aggrieved or adversely affected party" to challenge a development order as being inconsistent with a municipal comprehensive land use plan. "Development" for purposes of "development orders" is defined in section 380.04(1), Florida Statutes (1993) as: ......

...and, or the dividing of land into three or more parcels. Specifically excluded from the term "development" is "[w]ork ... for the maintenance or improvement of a road ... if the work is carried out on land within the boundaries of the right-of-way." § 380.04(3)(a)....

...itting the development of land.” § 163.3164(16), Fla. Stat. (emphasis added). As recognized by the Fourth District in Graves, 74 So. 3d at 598, “development” is broadly construed and includes “any building activity” (§§ 163.3164(14), 380.04(1)), or “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 businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.” § 380.04(2)(b). 12  It follows here that the 2010 Order was a challengeable “development order,” because it approved and recorded the Developer’s plan to subdivide the property into many new parcels and build new dwellings, roads, driveways, and other infrastructure....

...(requiring that “all development 5 Notably, “development,” as used throughout the Act, is broad enough in meaning to include “any building activity . . . any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels.” Id. (14); § 380.04(1), Fla....

...(2018). Development can be an increase in intensity of use on a piece of land, but it also can be the clearing of land in advance of construction, change in the external appearance of a structure, and alteration of a shore or bank, among other examples. § 380.04(2), Fla....

...ting with conditions an application for a development permit." Section 163.3164(8) defines "development permit" as an official action having the effect of permitting the development. Section 163.3215(6) defines "development" as having the meaning in section 380.04, Florida Statutes, which defines "development" as "making any material change in the use or appearance of any structure or land....

...plat approval, or rezoning, certification, variance, or other action having the effect of permitting development as defined in this chapter." In order to ascertain what constitutes "development," it is necessary to examine the various provisions of section 380.04, entitled "Definition of Development." There is no category in section 380.04 suggesting that a special use permit like the one we have here pertains to development. The closest is section 380.04(1)(b), which identifies as "development:" "[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 businesses, manufacturing esta...

...special exception, variance, or any other official action of local government having the effect of permitting the development of land.” § 163.3164(8) (emphasis added). Pursuant to section 163.3164(6), “development” has the meaning given it in section 380.04 of “The Florida Environmental Land and Water Management Act of 1972,” and is defined there as “the carrying out of any building activity ... [or] the making of any material change in the use or appearance of any structure or land.” § 380.04(1), Fla. Stat. (2009). The meaning of “development” in section 380.04(1) is more specifically defined in section 380.04(2)(b) as 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 businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.” Further, section 380.04(4) provides that “[rjeference to particular operations is not intended to limit the generality of subsection (1).” The City of Pompano Beach land development code adopts the statutory definition for “development order,” but mor...

...ention pond situated partially on Edgewater’s property. Furthermore, the use of Edgewater’s retention pond to contain stormwater runoff under KPM’s amended plan constitutes “development” under Chapter 380. Such a conclusion is compelled by Section 380.04, Florida Statutes, which provides in pertinent part: (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....

...and subsection 163.3164(22) defines “land development regulations” as ordinances enacted for the regulation of any aspect of “development.” The term “development” is defined in subsection 163.3164(5) as having “the meaning given it in s. 380.04.” Section 380.04(1) generally defines “development” as “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.” In section 380.04(3)(h), Florida Statutes (1989), the definition of development is narrowed to exclude activity as follows: “The following operations or uses shall not be taken for the purpose of this chapter to involve ‘development’ as defined in this section: .......

...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”. "Development” includes the carrying out of any building activity. § 380.04(1), Fla.Stat....

...Finally, we affirm the trial court's conclusion that Chapter 163's definition of development, which excludes the use of land for agricultural purposes, does not preempt all local government regulation of agricultural uses. Section 163.3164(6) defines "development" by referencing section 380.04, which defines the term as "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." § 380.04(1), Fla. Stat. However, section 380.04 also excludes various operations which do not involve "development" as defined in the statute, including "[t]he use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes." § 380.04(3)(e), Fla....

...Thereafter, the developers moved for partial summary judgment on three counts of their four count complaint. The motion was granted and the trial court found as a matter of law that the “proposed wetslips do not constitute a ‘development’ under Section 380.04,” but instead constitute a “marina” as that term is used in section 380.0651(3)(e). The trial court based these conclusions upon the notion that subsection 380.04(3)(d) excludes from the definition of development “[t]he use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling.” Hence, said the trial court, the Department was without jurisdiction to regulate the additional 79 wetslips....

...The record that the Siting Board had before it was thus incomplete because the local regulations were not considered with respect to the transmission line corridors. In addition, the Siting Board applied a “development” exception when it should not have it. Section 380.04 (3)(b), Florida Statute (2013), part of “The Florida Environmental Land and Water Management Act of 1972” defines “development” as: Work done by an utility and other persons engaged in the distribution or transmission...

...right-of-way or a private easement. The “development” exception thus cannot 12 exempt transmission line corridors from the PPSA’s requirement that local land regulations are to be considered. In addition, FPL contends that section 380.04 stands for the proposition that any work done by a utility company is not development, so land development regulations do not apply. We believe this argument to be misplaced and instead agree with the City of Miami that construction of a transmission line on land that is not established as a right-of-way constitutes “development.” Section 380.04(3)(b) states that the “development” exception is limited to work conducted on “established rights-of-way.” Courts that have interpreted this section use “established” with the word “existing.” See Rinker Materials Corp....