Overview
With one of the most complex land use regulatory regimes in the country, Florida requires every development permit to be consistent with local land development regulations — including zoning, subdivision/platting, environmental and other codes — as well as local comprehensive plans.
Broad Experience
The development and implementation of a coherent and individualized strategy is critical to the success of every land use matter. Through legal acumen and extensive regional experience, Holland & Knight's land use attorneys aim to help clients develop effective strategic plans to accomplish their land use goals on every level.
Professional Relationships
Land use success often hinges upon your ability to work with the staff and government officials of the appropriate jurisdiction (s).
Dedicated Team
When you join forces with Holland & Knight, you access a team of lawyers throughout Florida who not only have extensive experience in addressing land use matters but who also understand the business of development based on years of practical experience.
What is the most common land use issue?
One of the most common land use issues is which zoning laws and permit restrictions apply.
What is the purpose of surveyors in property deeds?
Sometimes there are disputes about who owns the land. Surveyors are often used to verify exact boundaries. Developers may need to acquire nearby property to achieve their goals. Once the boundaries are clear, experienced lawyers may work with the property owner to purchase or lease neighboring property.
What is zoning law?
Zoning laws specify more than just how developers, property owners, and others with interests in the land can use the land. Zoning laws also indicate how interested parties can request zoning law changes and what happens when breaches of the law occur.
What is an easement dispute?
Easement disputes. Easements are generally the right to use the property of another. Sometimes, for example, a developer requests an easement to make access to the developed land easier.
Why do we need additional permits?
Additional permits and special permits are sometimes necessary to regrade property, manage traffic issues while the property is being developed , to subdivide land, and other issues. If the government is developing a property that has a public use, the government may seek to acquire property through eminent domain.
What does it mean to seek approval for a commercial property?
Developers often seek approval to alter the permitted use of the property they own or wish to develop. For example, commercial developers may seek authority to use the residential property for commercial use. Some developers may seek a mixed-used – such as industrial and commercials.
Who decides when to grant variances?
Generally, a local zoning board decides when to grant variances. Experienced land use development lawyers understand the requirements to obtain variance approval.
How to appeal a local government decision?
A decision based on code compliance is appealable by filing a petition for writ of certiorari. A decision based on consistency or inconsistency with the comprehensive plan may only be challenged by filing a declaratory judgment action under F.S. §163.3215. Moreover, many local government decisions are premised on noncompliance with the comprehensive plan and land development code, which may necessitate the filing of a petition for writ of certiorari and a complaint for declaratory judgment under F.S. §163.3215, if all appealable issues are to be addressed.
What is the remedy for a writ of certiorari?
In a writ of certiorari proceeding, the circuit court’s sole remedy is to issue the writ and remand the matter to the lower tribunal for further consideration (subject to the legal direction of the court). 42 In other words, the reward for prevailing on a petition for writ of certiorari is a second proceeding before the local tribunal that initially rendered the adverse decision. The circuit court cannot enter any judgment on the merits as to the underlying case or direct the lower tribunal to enter a particular order. 43
What is the F.S. 163.3215?
In contrast to writ petitions, cases brought under F.S. §163.3215 are subject to a “strict scrutiny” standard of review. The circuit court, in a de novo proceeding, must evaluate whether the development order issued strictly complies with the local government’s adopted comprehensive plan. 39 Cases brought under this section are much more involved than the aforementioned certiorari proceeding. As with any other civil proceeding, the parties are entitled to discovery, and the case is tried in a full bench trial. The matter is not limited to record evidence before the lower tribunal. 40
What is a quasi-judicial decision?
Quasi-judicial decisions involve the application of policy to a specific development application. 7 Quasi-judicial hearings are to be conducted with more formality than a legislative public hearing and are akin to informal trials. Quasi-judicial decisions are subject to a certiorari standard of review on appeal.
Why is the emphasis on prevention?
The emphasis is on prevention because the outcome is often dictated by the presentation of evidence in the local government proceeding. Expectations Associated with Local Government Boards. Securing land use approvals begins long before an application is filed or reviewed by staff. In advance of applying for local development orders, ...
What is the standard of review before the circuit court?
The standard of review before the circuit court is as follows: 1) whether procedural due process was afforded, 2) whether the local tribunal observed the essential requirements of law, and 3) whether the local government’s decision was based on competent substantial evidence.
What is required to challenge a development order?
Similarly, third parties challenging the issuance of a development order must be prepared to establish noncompliance through competent evidence, including witness testimony at the quasi-judicial hearing. The failure to raise an issue before the local government prevents them from raising additional issues on appeal.
Need help with a Land Use & Zoning issue?
You've come to the right place. Whether you are a business, homeowner, or property developer, a land use and zoning lawyer can help challenge a municipality's zoning regulation and land use restriction.
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General Zoning Issues in Florida Land Development
The development and implementation of a coherent and individualized strategy is critical to the success of every land use matter. Through legal acumen and extensive regional experience, Holland & Knight's land use attorneys aim to help clients develop effective strategic plans to accomplish their land use goals on eve…
Specific Land Use Development Issues
Variances
Large Scape Development in Florida
Land Use Development Agreements
- Developers often seek approval to alter the permitted use of the property they own or wish to develop. For example, commercial developers may seek authority to use the residential property for commercial use. Some developers may seek a mixed-used – such as industrial and commercials. Experienced Florida land use development attorneys can help devel...
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