Title XXVIII, Natural Resources; Conservation, Reclamation, and Use

(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.(2) The following activities or uses shall be ta…

(1) Prior to recommending an area as an area of critical state concern pursuant to s. 380.05, the Governor, acting as the chief planning officer of the state, shall appoint a resource planning and management committee for the area under study by the state land planning agency. Th…

(1)(a) The state land planning agency may from time to time recommend to the Administration Commission specific areas of critical state concern. In its recommendation, the agency shall include recommendations with respect to the purchase of lands situated within the boundaries of…

(1)(a) In order to facilitate the planning and preparation of permit applications for projects in the Florida Keys area of critical state concern, and in order to coordinate the information required to issue such permits, a developer may elect to request coordinated agency review…

(1) SHORT TITLE.—This section shall be known and may be cited as “The Big Cypress Conservation Act of 1973.”(2) LEGISLATIVE INTENT.—It is the intent of the Legislature to conserve and protect the natural resources and scenic beauty of the Big Cypress Area of Florida. It is the fi…

(1) The Green Swamp Area, the boundaries of which are described in 1chapter 22F-5, Florida Administrative Code, is hereby designated an area of critical state concern effective July 1, 1979. The state land planning agency, in conjunction with the applicable local governments, sha…

1(1) SHORT TITLE.—This section may be cited as the “Florida Keys Area Protection Act.”(2) LEGISLATIVE INTENT.—It is the intent of the Legislature to:(a) Establish a land use management system that protects the natural environment of the Florida Keys.(b) Establish a land use manag…

(1) SHORT TITLE.—This section may be cited as the “Brevard Barrier Island Area Protection Act.”(2) LEGISLATIVE FINDINGS.—The Legislature finds that the designation of the Brevard Barrier Island Area as an area of critical state concern is necessary for the following reasons:(a) T…

(1) SHORT TITLE.—This act shall be known and cited as the “Apalachicola Bay Area Protection Act.”(2) LEGISLATIVE INTENT.—It is hereby declared that the intent of the Legislature is:(a) To protect the water quality of the Apalachicola Bay Area to ensure a healthy environment and a…

(1) DEFINITION.—The term “development of regional impact,” as used in this section, means any development that, 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.(2) STATEWIDE …

(1) This section only applies to developments approved as Florida Quality Developments before April 6, 2018.(2) Following written notification to the state land planning agency and the appropriate regional planning agency, a local government with an approved Florida Quality Devel…

(1) STATEWIDE GUIDELINES AND STANDARDS.—Subject to the exemptions and partial exemptions specified in this section, the following statewide guidelines and standards shall be applied in the manner described in s. 380.06(2) to determine whether the following developments are subjec…

The Department of Environmental Protection and, as appropriate, the water management districts created by chapter 373 shall adopt programs to expedite the processing of wetland resource and environmental resource permits for marina projects that reserve at least 10 percent of ava…

(1) The Department of Environmental Protection and, as appropriate, the water management districts created under chapter 373 shall adopt programs to expedite the processing of wetland resource and environmental resource permits for economic development projects that have been ide…

It is hereby declared that the intent of the Legislature is:(1) To provide a mechanism to equitably deal with the challenges of implementing comprehensive land use plans developed pursuant to the area of critical state concern program, which challenges are often complicated by th…

As used in this act, unless the context indicates a different meaning or intent:(1) “Land authority” means the land authority created by a county pursuant to this act.(2) “State” means the State of Florida.(3) “Bonds” means any bonds, debentures, notes, or other evidences of fina…

(1) Each county in which one or more areas of critical state concern are located is authorized to create, by ordinance, a public body corporate and politic, to be known as a land authority, which may be renamed by the governing board of the county. The governing body of the land …

The powers of the land authority shall be vested in its members in office from time to time. A majority of the members of the land authority eligible to vote shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes.…

The appointment and removal of an executive director shall be by the members of the land authority. The executive director shall subsequently employ legal and technical experts and such other agents and employees, permanent and temporary, as the land authority may require.History…

The land authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this act, including the following powers, which are in addition to all other powers granted by other provisions of this act:(1) To sue and be sued; to h…

(1) The land authority shall establish an advisory committee which shall make recommendations regarding land acquisition to the land authority in accordance with the criteria set forth in this act. The advisory committee shall be composed of five members appointed by the land aut…

(1) The issuance of revenue bonds to provide sufficient funds to achieve the purposes of this act; pay interest on bonds; pay expenses incident to the issuance and sale of any bond issued pursuant to this act, including costs of validating, printing, and delivering the bonds, pri…

The bonds of the land authority shall not be a debt of the state or of any local government other than the land authority, and neither the state nor any local government other than the land authority shall be liable thereon. Except for revenues specifically designated by this act…

The land authority shall submit to the Governor and the presiding officers of each house of the Legislature, within 6 months after the end of its fiscal year, a complete and detailed report setting forth:(1) Its operations and accomplishments.(2) Its receipts and expenditures dur…

(1) Nothing in this section shall be deemed or construed to limit the right of any member, officer, or employee of the land authority to acquire an interest in bonds of the land authority or have an interest in any banking institution in which the bonds of the land authority are,…

(1) The property of the land authority and the transactions and operations thereof and the income therefrom shall be exempt from taxation by the state and its political subdivisions. The exemption granted by this subsection shall not apply to any tax imposed by chapter 220 on int…

(1) The land authority and its corporate existence shall continue until terminated by law or action of the governing board of the county that established it; however, no such law or action shall take effect so long as the land authority shall have bonds outstanding unless adequat…

Insofar as the provisions of this act are inconsistent with the provisions of any other law, general, special, or local, the provisions of this act shall be controlling.History.—s. 1, ch. 86-170.

The Department of Environmental Protection shall impose and collect a surcharge of 50 cents per person per day, or $5 per annual family auto entrance permit, on admission to all state parks in areas of critical state concern located in a county which creates a land authority purs…

(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 is…

(1) Nothing in this chapter authorizes any governmental agency to adopt a rule or regulation or issue any order that is unduly restrictive or constitutes a taking of property without the payment of full compensation, in violation of the constitutions of this state or of the Unite…

(1) As used in this section, unless the context otherwise requires:(a) “Agency” means any official, officer, commission, authority, council, committee, department, division, bureau, board, section, or other unit or entity of state government.(b) “Permit” means any permit or licen…

(1) LEGISLATIVE INTENT.—(a) The Legislature recognizes that the state is particularly vulnerable to adverse impacts from flooding resulting from increases in frequency and duration of rainfall events, storm surge from more frequent and severe weather systems, and sea level rise. …

(1) The Florida Flood Hub for Applied Research and Innovation is established within the University of South Florida College of Marine Science to coordinate efforts between the academic and research institutions of the state. The University of South Florida College of Marine Scien…

(1) As used in this section, the term:(a) “Coastal resiliency project” means:1. Planning, contracting, and executing a project to address flooding and sea level rise in a coastal or inland community in this state under s. 380.093(5);2. Public infrastructure repair and upgrades to…

(1) The Resilient Florida Trust Fund is created within the Department of Environmental Protection.(2) Moneys deposited in the fund are available as a funding source for the department for the Resilient Florida Grant Program and the Statewide Flooding and Sea-Level Rise Resilience…

(1) As used in this section, the term:(a) “Area at risk due to sea level rise” means any location that is projected to be below the threshold for tidal flooding within the next 50 years by adding sea level rise using the highest of the sea level rise projections required by s. 38…

(1) By January 1, 2027, the department shall develop design guidelines and standards for optimal combinations of nature-based methods for using green or hybrid green-gray infrastructure to address coastal resiliency, including local mitigation strategies for erosion control, sea-…

(1) JUDICIAL REMEDIES.—(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…

A development that has received a development-of-regional-impact development order pursuant to s. 380.06 but is no longer required to undergo development-of-regional-impact review by operation of law may elect to rescind the development order pursuant to the following procedures:…

Nothing in chapter 75-22, Laws of Florida, shall alter or affect rights previously vested under this chapter.History.—s. 23, ch. 75-22.

Sections 380.205-380.27 may be cited as the “Florida Coastal Management Act.”History.—s. 5, ch. 78-287; s. 1, ch. 92-276; s. 186, ch. 99-13; s. 1, ch. 2002-275.

As used in ss. 380.205-380.27:(1) “Department” means the Department of Environmental Protection.(2) “Coastal zone” means that area of land and water from the territorial limits seaward to the most inland extent of marine influences. However, for planning and developing coordinate…

(1) The Legislature finds that:(a) The coast is rich in a variety of natural, commercial, recreational, ecological, industrial, and aesthetic resources, including, but not limited to, “energy facilities,” as that term is defined in s. 304 of the Coastal Zone Management Act, of im…

(1) The department shall be the lead agency pursuant to the Coastal Zone Management Act and shall compile and submit to the appropriate federal agency applications to receive funds pursuant to the Coastal Zone Management Act. The state’s program shall include program policies tha…

(1) When a federally licensed or permitted activity subject to federal consistency review requires a state license, the issuance or renewal of a state license shall automatically constitute the state’s concurrence that the licensed activity or use, as licensed, is consistent with…