eLaws of Florida

  SECTION 161.0531. Development agreements.  


Latest version.
  • 1(1) 2At the request of the property owner, the department is authorized to enter into a development agreement with such property owner, or modify or extend an existing development agreement, for activities seaward of a coastal construction control line. All such agreements must further the conservation, preservation, and protection of the beach-dune system and cause no measurable interference with marine turtles or their nesting sites.
    66(2) 67For purposes of this section, “development agreement” means contractual agreements between property owners and the department concerning siting and design criteria and the permitting requirements and environmental enhancements required by this chapter for a proposed construction activity seaward of the coastal construction control line.
    111(3) 112A development agreement shall include the following:
    119(a) 120A legal description of the land subject to the agreement, and the names of the legal and equitable owners of the land.
    142(b) 143The duration of the agreement.
    148(c) 149A description of the siting and design features of the proposed development or activity.
    163(d) 164Adequate engineering data concerning inlet and shoreline stability and storm tides related to shoreline topography.
    179(e) 180A description of the permitting requirements and environmental enhancements of the development.
    192(f) 193A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the department for the protection of the environment.
    216(g) 217A finding that the development permitted or proposed is consistent with the local government’s comprehensive plan and land development regulations.
    237(h) 238A statement that all filing, processing, administration, and issuance fees have been paid.
    251(4) 252A development agreement shall not authorize construction for a period longer than 5 years from the date of execution.
    271(5) 272The department shall inspect land subject to a development agreement at least once every 12 months to determine that the project is in compliance with the terms of the development agreement, unless the department determines a lesser standard meets the intent of the terms of the development agreement.
    320(6) 321Within 14 days after the date for a request for a chapter 120 hearing has passed, or after a hearing has been held and a decision has been rendered, the developer shall record the development agreement with the clerk of the circuit court in the county where the development is located. A development agreement shall not be effective until it is properly recorded in the public records of the county.
    391(7) 392The department’s approval of a development agreement, or modification or extension of an existing development agreement, pursuant to this section constitutes final agency action subject to the provisions of chapter 120. However, the property owner may not challenge the department’s refusal to enter into a development agreement or modification or extension of an existing agreement.
History.-s. 2, ch. 96-371.

Bills Cite this Section:

None

Cited by Court Cases:

None