Photo of Jeff Wright

Jeff Wright is Board Certified in City, County & Local Government law, a designation by the Florida Supreme Court that recognizes special knowledge, skills, and proficiency in this area. He represents private property owners, associations, and investors in addressing land use and permitting concerns, particularly as they impact private property rights, property value, and investment decision-making. Jeff also specializes in working through the often complex challenges presented by local government regulation of land use. His expertise includes Florida’s Sunshine Law and Public Records Law, and all matters involving city, county, and local governments, including towns, villages, special districts, and community development districts.

Jeff has been deeply involved in growth management and comprehensive planning issues throughout Florida. He has served as committee counsel to the Collier County Rural Lands Stewardship Area Review Committee, and as an Assistant County Attorney on growth management matters. Jeff was a member of the Florida Association of County Attorneys’ statewide Growth Management Committee from its inception in 2009, and has provided critical input on growth management legislation, referenda, and reform.

Jeff has been recognized for his professional achievements, including receiving the Growth Management Committee Writing Award from the Florida Association of Counties (2009), the Deepwater Horizon Legal Task Force Appreciation Award (2011) and the Faculty of Federal Advocates’ Raymond Micklewright Professionalism Award (2004).

ConsiderWhether you are involved in rezoning land or obtaining a special exception, conditional use, variance, development order, or other entitlement to land in Florida, you will likely need approval from the local government where the property is located. But what if your request is denied? This article explores some of the common remedies available to an applicant in the event their application is denied.

If your application is denied, it’s important to know your options. While some jurisdictions have administrative remedies available for an applicant to exhaust (e.g., rehearing, reconsideration, administrative appeals, etc.), others may not. It is important to be familiar with local rules, including land regulations, ordinances, administrative codes, and any applicable staff interpretations. Exhaustion of available non-judicial remedies is an important consideration in any potential land use challenge.

In addition to exhaustion of any available local remedies, the following is a brief overview of some common legal remedies that could be available to an applicant in the event of a denial:

Petition for writ of certiorari

This process involves filing a fairly-detailed petition with the local circuit court within 30 days from the date of the denial. It can take many months, even years, to conclude. This is the typical “zoning appeal,” and the standard of review is whether the local government’s decision is supported by competent substantial evidence, whether there were any procedural due process violations, and whether the decision maker followed the essential requirements of the law. See Deerfield Beach v. Vaillant, 419 So.2d 624 (Fla. 1982). Each party typically pays its own legal fees.

“Consistency challenge”


Continue Reading What options are available to challenge denial of a land use application in Florida?

vacation rentalBeginning January 3, 2022, Collier County will require registration of “short-term vacation rentals.” This includes any “habitable space . . . for a term of six months or less. . . . .” unless exempted under state law. To view the Ordinance, click here.

Some may recall that Collier County had a similar rental registration ordinance between 1996 and 2010. The old rental registration requirement was annual beginning in 1999, and a yearly fee was required. The new registration is a one-time requirement (although changes to ownership or the owner’s designated contact person must be reported to the County within ten days).

What do short-term property owners need to do to comply?

In most cases, to have a “code-compliant” rental in unincorporated Collier County, an owner must:
Continue Reading New Collier County Short-Term Rental Registration Begins January 2022

Earlier this year, we blogged about various measures being taken by the Collier County Commission to raise revenue for various projects and improvements. These “bold steps” included (1) implementation of a 25% increase to the County’s tourist tax (from 4 to 5 cents per dollar); (2) presentation of a sales tax increase via ballot measure; and (3) creation of a stormwater utility.

The Collier County Commission reconvened in September 2018, after their customary summer break. September brought some surprises (e.g., postponement of the stormwater utility effort), and made clear that the Board once again has its hands full as it begins a new “season” and fiscal year. Below is an update on the status of these three important initiatives.

Bed Tax Increase


Continue Reading Update on Collier County’s “Bold Steps” to Raise Revenue in 2018

In staunchly conservative Collier County, Florida, tax increases are rarely popular. But when the increases are to the bed tax (a.k.a. tourist development tax) and the sales tax, the impact is a little easier to digest. This is mainly because, as compared to tax increases on real property, the bed tax and sales tax do not have uniform impact on owners of real property.

The Board of County Commissioners, in its present form since Commissioners McDaniel and Solis were seated in late 2016, took bold steps in 2017:

  • to diversify the county’s economy through adoption of a bed tax increase;
  • to address overdue improvements to infrastructure via a 2018 voter referendum that would increase the County’s sales tax by 1%; and,
  • to solicit input on potential creation of a stormwater utility.

Bed Tax Increase


Continue Reading Tax Increases: Collier County Takes Bold Steps for 2018

Last week, the Conservancy of Southwest Florida hosted Cornell University Professor Dr. Tony Ingraffea, as part of its “Evenings with the Conservancy” series who spoke on the “Effects of Unconventional Drilling” on November 8.

Oil & Gas in Southwest Florida

The evening began with an introductory presentation by Nicole Johnson, Director of Environmental Policy