(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 permanent, against any person or developer found to be in violation of the provisions of this part or any rules, regulations, or orders issued thereunder.
(b) It shall not be a defense to, or ground for dismissal of, 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 agreement entered into under s. 380.032(3) has occurred or is about to occur, it may institute an administrative 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 cessation 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 properly 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 constitutes 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 accordance 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 violation 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 archaeological 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 governmental 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 development 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).
...Sections 380.06(6) through (11), .07. A developer who bypasses Section 380.06 supervision of its development of regional impact does so at its peril and, notwithstanding local zoning and building permits, the developer may be enjoined during construction. Section 380.11....
Cited 12 times | Published | Florida 1st District Court of Appeal
...l supervision of the administration and enforcement " of Chapter 380 (e.s.). Specifically, Friends sought first to compel the Department to institute an appeal pursuant to section 380.07(2), and second to commence enforcement proceedings pursuant to Section 380.11, Florida Statutes (1981)....
...the judicial proceedings authorized in paragraph (a). However, failure to comply with this subsection shall not bar an action for a temporary restraining order to prevent immediate and irreparable harm from the conduct or activity complained of. [6] Section 380.11, Florida Statutes (1981), provided: Enforcement....
...The Department has a statutory duty to prevent the developer from proceeding with a plan for development until "further review" of the development is completed under Section 380.06, Florida Statutes. 30. The Department has the duty and statutory authority under Section 380.11, Florida Statutes, to enjoin the developer from proceeding under the illegal 1982 Amended Development Order.
...At the time the County acquired the right-of-way, the road had many potholes, was covered with debris, and vegetation was encroaching on it. Monroe County laid down new fill, rolled the fill, and removed the debris and the encroaching vegetation. The FDCA then filed a notice against the County of a violation of section 380.11(2), Florida Statutes (1987), and directed the County to cease all road work on the property....
Cited 8 times | Published | Florida 2nd District Court of Appeal
...We cannot see how the County has standing to make these complaints. The City is clearly the "local government" having zoning jurisdiction over the land in question under Fla. Stat. § 380.06(5) (1973). There is no suggestion that the County has zoning authority over this land. Fla. Stat. § 380.11 (1974), which was added to Chapter 380 in 1974, and provides that certain parties, including counties and municipalities, are authorized to bring "......
Cited 6 times | Published | Florida 2nd District Court of Appeal
...have explicitly given a state attorney the authority to independently initiate civil suits on behalf of the state in other areas concerning the health, safety, and welfare of Florida's citizens and environment. [16] One such specific general law is section 380.11, Florida Statutes (1981), "The Florida Environmental Land and Water Management Act of 1972." This law expressly gives the state attorney the power to institute a civil action to enjoin violations of section 380.11....
...[15] Such proceedings could involve petitions for writs of certiorari, mandamus, prohibition, or habeas corpus because these actions historically have always been within a prosecuting attorney's authority. [16] See §§ 60.05(1); 83.761(4); 246.229; 286.011(4); 351.18; 380.11; 409.245; 496.13(6); 533.05; 540.02; 544.04; 545.08; 559.78; 559.813(4); 559.923(2); 585.195(5); 817.561(4); 849.0915(3), Fla....
Cited 3 times | Published | Florida 2nd District Court of Appeal
...On November 23, 1976, Sarasota County (County) filed a petition for declaratory statement with the Department of Administration (Department) pursuant to Section 120.565, Florida Statutes (Supp. 1976), concerning the applicability of Section 380.06(1), Florida Statutes (1975) and Section 380.11, Florida Statutes (1975), with regard to the construction of a crude oil splitter refining facility (the Project) in Manatee County by Manatee Energy Company, a subsidiary of Belcher Oil Company....
Cited 3 times | Published | Florida 3rd District Court of Appeal
...The DCA issued a Notice of Violation asserting that the appellants had illegally cleared the subject property. The hearing officer found that the alleged violation had occurred, and his recommended order specified the manner in which the appellants were to restore the site. See § 380.11(2)(c), Fla....
Cited 1 times | Published | Florida 1st District Court of Appeal
...acity. We find nothing in the enactment of Chapter 380 indicating any intent to create "regional governments" in the form of regional planning councils, and we are convinced of the limited capacity of the regional council by the specific language of Section 380.11, delegating to the Division of State Planning, State Attorneys, counties and municipalities authority for enforcement of the act, and any rules, regulations or orders issued thereunder....
...have explicitly given a state attorney the authority to independently initiate civil suits on behalf of the state in other areas concerning the health, safety, and welfare of Florida’s citizens and environment. 16 One such specific general law is section 380.11, Florida Statutes (1981), “The Florida Environmental Land and Water Management Act of 1972.” This law expressly gives the state attorney the power to institute a civil action to enjoin violations of section 380.11....
...Such proceedings could involve petitions for writs of certiorari, mandamus, prohibition, or habeas corpus because these actions historically have always been within a prosecuting attorney's authority. . See §§ 60.05(1); 83.761(4); 246.229; 286.-011(4); 351.18; 380.11; 409.245; 496.13(6); 533.05; 540.02; 544.04; 545.08; 559.78; 559.-813(4); 559.923(2); 585.195(5); 817.561(4); 849.0915(3), Fla.Stat....
...or Kinhega Oaks received notice of the sewer requirement and that Killearn recorded restrictive covenants governing the Kinhega Landing and Kinhega Oaks property which purported to allow the interim use of septic tanks. *776 The DCA is authorized by section 380.11, Florida Statutes, to, inter alia, prevent, abate, or control conditions creating a violation of a DO....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
