(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) 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.
History.—s. 2, ch. 96-371.