Fla. Stat. 161.0531
Development agreements


(1)

At 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.

(2)

For 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.

(3)

A development agreement shall include the following:A legal description of the land subject to the agreement, and the names of the legal and equitable owners of the land.The duration of the agreement.A description of the siting and design features of the proposed development or activity.Adequate engineering data concerning inlet and shoreline stability and storm tides related to shoreline topography.A description of the permitting requirements and environmental enhancements of the development.A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the department for the protection of the environment.A finding that the development permitted or proposed is consistent with the local government’s comprehensive plan and land development regulations.A statement that all filing, processing, administration, and issuance fees have been paid.

(a)

A legal description of the land subject to the agreement, and the names of the legal and equitable owners of the land.

(b)

The duration of the agreement.

(c)

A description of the siting and design features of the proposed development or activity.

(d)

Adequate engineering data concerning inlet and shoreline stability and storm tides related to shoreline topography.

(e)

A description of the permitting requirements and environmental enhancements of the development.

(f)

A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the department for the protection of the environment.

(g)

A finding that the development permitted or proposed is consistent with the local government’s comprehensive plan and land development regulations.

(h)

A statement that all filing, processing, administration, and issuance fees have been paid.

(4)

A development agreement shall not authorize construction for a period longer than 5 years from the date of execution.

(5)

The 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.

(6)

Within 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.

(7)

The 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.

Source: Section 161.0531 — Development agreements, https://www.­flsenate.­gov/Laws/Statutes/2024/0161.­0531 (accessed Aug. 7, 2025).

161.011
Short title
161.021
Definitions
161.031
Personnel and facilities
161.041
Permits required
161.042
Coastal construction and excavation in barrier beach inlets
161.051
Coastal construction by persons, firms, corporations, or local authorities
161.052
Coastal construction and excavation
161.053
Coastal construction and excavation
161.054
Administrative fines
161.055
Concurrent processing of permits
161.061
Coastal construction serving no public purpose, endangering human life, health, or welfare, or becoming unnecessary or undesirable
161.071
Prosecuting officers to assist enforcement of this part
161.081
Powers of Department of Legal Affairs
161.082
Review of innovative technologies for beach nourishment
161.085
Rigid coastal armoring structures
161.088
Declaration of public policy respecting beach erosion control and beach restoration and nourishment projects
161.091
Beach management
161.101
State and local participation in authorized projects and studies relating to beach management and erosion control
161.111
Shore erosion emergency
161.121
Penalty
161.131
Construction of ss
161.141
Property rights of state and private upland owners in beach restoration project areas
161.142
Declaration of public policy relating to improved navigation inlets
161.143
Inlet management
161.144
Policy guidance related to sand source management
161.151
Definitions
161.161
Procedure for approval of projects
161.163
Coastal areas used by sea turtles
161.181
Recording of resolution and survey of board of trustees
161.191
Vesting of title to lands
161.201
Preservation of common-law rights
161.211
Cancellation of resolution for nonperformance by board of trustees
161.212
Judicial review relating to permits and licenses
161.242
Harvesting of sea oats and sea grapes prohibited
161.0415
Citation of rule
161.0531
Development agreements
161.0535
Permits

Current through Fall 2025

§ 161.0531. Dev. agreements's source at flsenate​.gov