On November 20, 2023, the Fort Myers City Council took a significant step toward amending the city’s Land Development Code. The proposed changes, presented during the council’s meeting, cover a wide range of issues—from new zoning categories to food truck regulations. Below are a few key highlights and potential implications of these proposed revisions.
Continue Reading Fort Myers Land Development Code: Proposed Changes and Their Impact
Land Use
Understanding the Impact of SB 540 Local Government Comprehensive Plan Changes
In the field of urban and regional planning, the passing of legislative bills can significantly influence how local governments shape the future development of their communities. A recent example is CS/CS/SB 540, signed into law by Governor Ron DeSantis and effective July 1, 2023. This bill introduces several substantial changes to the existing regulatory framework for land development and comprehensive plans in Florida.
Continue Reading Understanding the Impact of SB 540 Local Government Comprehensive Plan Changes
Live Local Act and Its Major Effects on Development Approvals for Affordable Housing
Florida has seen tremendous growth and development over the past decade. With that growth has come a lot of changes in the economy and a large spike in population. This has created a thriving real estate market for homebuyers, with the demand for housing rising greatly. But there is one major thing we have learned throughout recent years: there is a need for more affordable and workforce housing.
To promote more affordable and workforce housing, Governor Ron Desantis signed SB 102 into law. SB 102, now known as the Live Local Act, has significantly impacted zoning laws and limited local government’s power to regulate affordable housing.
This new law makes it easier for affordable housing projects to get approved quickly without going through a long public hearing process to change a property’s zoning. It also allows for affordable housing to be built in areas that are currently zoned for commercial or industrial use. The affordable housing project can be approved quickly and easily, if it meets certain requirements. This law will go into effect on July 1st, 2023. Overall, SB 102 will help make it easier to build affordable housing in your community.
Below is a more detailed explanation of how the Live Local Act will affect the local approval and development of affordable and workforce housing.
What is “Affordable” Housing?
Lee County Implements Changes to Building and Licensing Matters to Keep Up with Surging Demand
The Lee County Building and Industry Association has provided a recap of important updates worth noting if you are involved in construction and contracting in Lee County, Florida. These updates will impact the procedures and protocols that individuals and businesses must follow when submitting permit applications and seeking licensing.
Community Development Department Office Hours
The first update concerns the closure of the Community Development Department lobby each business day at 3 p.m. starting March 27, 2023. This will apply to both public access and incoming phone calls. In addition, the Community Development office will stop accepting customer walk-ins at 2:30 p.m. The changes are being implemented to allow staff more time to process and review applications submitted that day. It is important to note that electronic permit applications will continue to be accepted with no restrictions.
This change is due to the increase in in-person customer levels, which have risen almost 200% since Hurricane Ian, despite more than 90% of permits being submitted electronically. Before the hurricane, staff processed an average of 3,700 permit applications per month. These changes will remain in effect until permit applications decrease or additional staff is hired and trained.
LCEC Update
Another update worth noting is the recent LCEC meeting recap. During this meeting, issues related to delays associated with running electricity to developments and single lot projects were discussed. The highlight was that delays are affecting all aspects of LCEC business. While working to resolve these issues, they see delays continuing well into 2024.Continue Reading Lee County Implements Changes to Building and Licensing Matters to Keep Up with Surging Demand
Due to Hurricane Ian, Florida development orders and permits qualify for extensions
As a result of Hurricane Ian, permits and development orders may qualify for an extension. According to Florida Statute § 252.363, when a governor declares a state of emergency permits can be extended for the duration of the state of emergency. Additionally, permits will be extended six months after the state of emergency expires.
Executive Order 22-218, which declared a state of emergency, was made effective on September 23rd, 2022, and if it is not extended, it will expire 60 days after its announcement, which is November 22nd, 2022.
First, it is important to note which counties are affected by this state of emergency. Initially, Executive Order 22-218 declared a state of emergency for a list of specific counties. But, on September 24th, 2022 Governor Desantis issued Executive Order 22-219 expanding the state of emergency from the specific counties originally listed to the entire state of Florida.Continue Reading Due to Hurricane Ian, Florida development orders and permits qualify for extensions
What options are available to challenge denial of a land use application in Florida?
Whether 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”
New Collier County Short-Term Rental Registration Begins January 2022
Beginning 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
New Legislation Designed to Relieve the Burden on Landowners Filing Bert Harris Claims
In 1995, the Florida Legislature took bold steps to protect private property rights by enacting the Bert J. Harris, Jr. Private Property Rights Protection Act, better known as the Bert Harris Act. The Act created a new cause of action for private property owners whose real property is burdened by government action, such as a new ordinance or regulation that limits development of a piece of property. The Act gave private property owners peace of mind when it comes to being able to use and develop their property the way they want to.
During the 2021 legislative session, the Florida Legislature took steps to strengthen the Bert Harris Act in favor of private property owners through HB 421/1101.
Procedurally, the bill passed both the House and Senate chambers, but has not yet been signed by the Governor.
What impact will this bill have on Florida landowners?
What Are My Private Property Rights in Florida Against Unlawful Land Development Exactions?
Unlike certain “unalienable rights” granted to citizens under the United States Constitution, property interests are traditionally understood to have been created by a number of independent sources such as statutes, ordinances, or contracts. The general concept of property itself is construed as the group of rights inhering in the citizen’s relation to the physical thing, such as the right to possess, use and dispose of it.
Modern courts, however, acknowledge that the traditional notion of property interests encompass a variety of other valuable interests, such as intangible and incorporeal rights (e.g., leases, easements, right-of-ways, and mortgages) or other uses which extend well beyond the historic norms of property to establish an entirely legitimate claim to certain additional land use entitlements as well.
What is an “Exaction”?
The term “exaction” is when a condition for development is imposed on a parcel of land which requires the developer to mitigate anticipated negative impacts of the development. An exaction may include some sort of mandatory dedication of real property for impact fee payments, sewer or water utility connection fees, or public use of land for a park, school, or transportation facility or expansion anticipated for certain related infrastructure improvements.
The Doctrine of “Unconstitutional Conditions”
How Can Local Governments in Florida Enforce Compliance With Their Land Use & Zoning Regulations?
Due to the growing use by local governments of certain quasi-judicial code enforcement proceedings to obtain compliance with their local land use and zoning regulations, it is important for Florida property owners and business operators to have a thorough understanding of administrative enforcement proceedings.
Local Government Enforcement Authority
Florida’s statutory scheme governing local code enforcement procedures is divided into two separate parts under Chapter 162 of Florida Statutes. There is no statutory provision prohibiting local governments from enforcing their land use development and zoning regulations by other means. Section 162.13 provides that the provisions of Chapter 162 are supplemental procedures for local governments to achieve code compliance and are therefore intended “to provide an additional or supplemental means of obtaining compliance with local [government] codes.”