Land Use and Growth Management
To help cope with the pressures that Florida's rapid population growth creates for our natural resources and infrastructure, the Florida Legislature created several land use and growth management programs that are implemented at the state, regional, and local levels. These regulations go far beyond the zoning codes that historically governed the development of land in most American communities. These requirements are often important considerations in Florida real estate transactions, and usually pose the central challenge when seeking the entitlements to develop land. Since the inception of these programs, our firm has helped to shape them by representing clients in the policy making process at the state and local levels, and in seeking entitlements and other necessary land use approvals for projects in cities and counties throughout Florida.
The cornerstone of Florida's land use and growth management system is the local comprehensive planning program. Our firm counsels and represents clients in addressing the land use classification of property under the local government comprehensive plan. [Click here for an introduction to comprehensive planning in Florida] We assist clients in shaping development programs to comply with these local plans or in seeking plan amendments to authorize new or different projects. This representation frequently involves compliance with "concurrency" – Florida's requirement that adequate public facilities be available to accommodate the impacts of development within a reasonable period of time. We regularly appear before the state land planning agency, the Florida Department of Community Affairs (DCA), when assisting clients in seeking state approval for local plan amendments. If necessary, we assert our clients' interests when a plan amendment ends up in a formal administrative hearing before a state Administrative Law Judge.
Certain large land developments are classified under Florida law as developments of regional impact (DRIs) [Click here for an introduction to developments of regional impact]. Generally, these are large residential, industrial, commercial, resort, mining, airport or mixed-use projects that have a significant impact on more than one community. We counsel and represent clients on the full range of issues during DRI review – designing a project legitimately to avoid classification as a DRI; obtaining project approval from the agencies involved in DRI review; and preserving "vested rights" that exempt certain pre-1973 projects from being subject to DRI review when they are modified. We represent clients in seeking policy changes to provide relief from DRI review requirements. And we negotiate settlements to resolve compliance issues.
Our land use practice goes beyond these tasks to include a wide range of activities. We establish and provide on-going legal representation to community development districts (CDDs), as well as utilize public finance techniques to finance, construct and maintain needed infrastructure. [See also our description of our Local Government and CDD practice] In addition, for a few large landholdings, we have won approval from the Legislature for special laws to create a "stewardship district" which is tailor-made for long-term conservation and development commitments. We draft codes and ordinances for enactment by local governments. We negotiate water and sewer service agreements and address other utility-related issues. When allowed by law, we negotiate a wide range of agreements between clients and state or local agencies as a creative alternative to conventional regulatory practices. In addition, for a few large landholdings, we have won approval from the Legislature for special laws to create a "stewardship district" which is tailor-made for long-term conservation and development commitments.
Finally, we provide representation in protecting a client's property rights. [Click here for an introduction to Florida property rights protection law] We represent landowners, before administrative agencies and state and federal courts, when they are stymied by regulations. These cases may involve either an outright "taking" of property by the government, or a regulatory decision that does not rise to the level of a "taking" but imposes an undue burden on the landowner for which some form of relief may be available.
Our firm has extensive experience in land use and growth management, and we maintain working relationships with state and local planners and growth management regulators throughout Florida. We represent private landowners and developers as well as local governments, regional planning councils and other public entities. Our lawyers have worked on every major growth management bill passed by the Legislature since modern land use controls began in Florida in 1972. We also have an extensive list of projects for which we have sought and won land use authorization and entitlements. This experience gives our lawyers the depth of experience to serve any client need in the field of growth management and land use regulation.
Practicing Attorneys : Winston K. Borkowski, Miguel Collazo, III, Ralph A. DeMeo, Sarah M. Doar, Jere L. Earlywine, Vinette D. Godelia, Wade L. Hopping, Gary K. Hunter, Jr., Frank E. Matthews, David L. Powell, Douglas S. Roberts, Gary P. Sams, Douglas M. Smith, and Dan R. Stengle.