Florida Statutes 380.07 – Florida Land and Water Adjudicatory Commission
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Terms Used In Florida Statutes 380.07
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- commission: means the Governor and the Cabinet; and for purposes of this chapter the commission shall act on a simple majority. See Florida Statutes 380.031
- Developer: means any person, including a governmental agency, undertaking any development as defined in this chapter. See Florida Statutes 380.031
- Development order: means any order granting, denying, or granting with conditions an application for a development permit. See Florida Statutes 380.031
- Land: means the earth, water, and air above, below, or on the surface, and includes any improvements or structures customarily regarded as land. See Florida Statutes 380.031
- Local comprehensive plan: means any or all local comprehensive plans or elements or portions thereof prepared, adopted, or amended pursuant to the Community Planning Act, as amended. See Florida Statutes 380.031
- Local government: means any county or municipality and, where relevant, any joint airport zoning board. See Florida Statutes 380.031
- Regional planning agency: means the agency designated by the state land planning agency to exercise responsibilities under this chapter in a particular region of the state. See Florida Statutes 380.031
- Rule: means a rule adopted under chapter 120. See Florida Statutes 380.031
- State land planning agency: means the Department of Commerce and may be referred to in this part as the "department. See Florida Statutes 380.031
(1) There is hereby created the Florida Land and Water Adjudicatory Commission, which shall consist of the Administration Commission. The commission may adopt rules necessary to ensure compliance with the area of critical state concern program.
(2) Whenever any local government issues any development order in any area of critical state concern, or in regard to the abandonment of any approved development of regional impact, copies of such orders as prescribed by rule by the state land planning agency shall be transmitted to the state land planning agency, the regional planning agency, and the owner or developer of the property affected by such order. The state land planning agency shall adopt rules describing development order rendition and effectiveness in designated areas of critical state concern. Within 45 days after the order is rendered, the owner, the developer, or the state land planning agency may appeal the order to the Florida Land and Water Adjudicatory Commission by filing a petition alleging that the development order is not consistent with this part.
(3) Notwithstanding any other provision of law, an appeal of a development order in an area of critical state concern by the state land planning agency under this section may include consistency of the development order with the local comprehensive plan.
(4) The appellant shall furnish a copy of the notice of appeal to the opposing party, as the case may be, and to the local government that issued the order. The filing of the notice of appeal stays the effectiveness of the order until after the completion of the appeal process.
(5) Before issuing an order, the Florida Land and Water Adjudicatory Commission shall hold a hearing pursuant to chapter 120. The commission shall encourage the submission of appeals on the record made pursuant to subsection (7) in cases in which the development order was issued after a full and complete hearing before the local government or an agency thereof.
(6) The Florida Land and Water Adjudicatory Commission shall issue a decision granting or denying permission to develop pursuant to the standards of this chapter and may attach conditions and restrictions to its decisions.
(7) If an appeal is filed with respect to any issues within the scope of a permitting program authorized by chapter 161, chapter 373, or chapter 403 and for which a permit or conceptual review approval has been obtained before the issuance of a development order, any such issue shall be specifically identified in the notice of appeal which is filed pursuant to this section, together with other issues that constitute grounds for the appeal. The appeal may proceed with respect to issues within the scope of permitting programs for which a permit or conceptual review approval has been obtained before the issuance of a development order only after the commission determines by majority vote at a regularly scheduled commission meeting that statewide or regional interests may be adversely affected by the development. In making this determination, there is a rebuttable presumption that statewide and regional interests relating to issues within the scope of the permitting programs for which a permit or conceptual approval has been obtained are not adversely affected.