Florida Statutes 380.115 – Vested rights and duties; changes in statewide guidelines and standards
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 380.115
- 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
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Local government: means any county or municipality and, where relevant, any joint airport zoning board. See Florida Statutes 380.031
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
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:(1) The development shall continue to be governed by the development-of-regional-impact development order and may be completed in reliance upon and pursuant to the development order unless the developer or landowner has followed the procedures for rescission in subsection (2). Any proposed changes to developments which continue to be governed by a development-of-regional-impact development order must be approved pursuant to s. 380.06(7). The local government issuing the development order must monitor the development and enforce the development order. Local governments may not issue any permits or approvals or provide any extensions of services if the developer fails to act in substantial compliance with the development order. The development-of-regional-impact development order may be enforced as provided in s. 380.11.(2) If requested by the developer or landowner, the development-of-regional-impact development order shall be rescinded by the local government having jurisdiction upon a showing that all required mitigation related to the amount of development that existed on the date of rescission has been completed or will be completed under an existing permit or equivalent authorization issued by a governmental agency as defined in s. 380.031(6), if such permit or authorization is subject to enforcement through administrative or judicial remedies.