Florida Statutes 380.08 – Protection of landowners’ rights
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Florida Statutes 380.08
- Development permit: includes any building permit, zoning permit, plat approval, or rezoning, certification, variance, or other action having the effect of permitting development as defined in this chapter. See Florida Statutes 380.031
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Governmental agency: means :(a) The United States or any department, commission, agency, or other instrumentality thereof;(b) This state or any department, commission, agency, or other instrumentality thereof;(c) Any local government, as defined in this chapter, or any department, commission, agency, or other instrumentality thereof;(d) Any school board or other special district, authority, or other governmental entity. 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
- Rule: means a rule adopted under chapter 120. See Florida Statutes 380.031
- State land planning agency: means the Department of Economic Opportunity and may be referred to in this part as the "department. See Florida Statutes 380.031
- writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
(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 United States.(2) If any governmental agency authorized to adopt a rule or regulation or issue any order under this chapter determines that, to achieve the purposes of this chapter, it is in the public interest to acquire the fee simple or lesser interest in any parcel of land, such agency shall so certify to the state land planning agency, the Board of Trustees of the Internal Improvement Trust Fund, and other appropriate governmental agencies. Prior to such agency’s acquiring such land, the seller of the land shall file a statement with the department disclosing, for at least the last 5 years prior to the conveyance of title to the state, all financial transactions concerning the land and all parties having a financial interest in any transaction.(3) If any governmental agency denies a development permit under this chapter, it shall specify its reasons in writing and indicate any changes in the development proposal that would make it eligible to receive the permit.