Development Order Information
A development order is the government's official decision on a development application. It represents the culmination of the entitlement process and establishes: what the developer may build (the approved uses, density, and intensity), the conditions of approval (requirements that must be satisfied during or after construction), the vested rights (the developer's right to build as approved, even if the zoning changes later), and the expiration date (the time within which construction must commence). Development orders are quasi-judicial in nature: they apply existing zoning standards to the specific facts of the proposed development. This means the decision must be based on: substantial competent evidence in the record, compliance with the zoning code and comprehensive plan, and procedural due process.
Florida Legal Definition
Development orders in Florida are governed by Florida Statutes §163.3164(15), which defines a development order as 'any order granting, denying, or granting with conditions an application for a development permit.' Under §163.3167(8), a development order creates vested rights: once a developer receives an approved development order and relies on it in good faith, the government cannot revoke the approval based on subsequently adopted regulations. Under §163.3215, an affected person may challenge a development order that is inconsistent with the comprehensive plan within 30 days of its rendition. Development of Regional Impact (DRI) orders under §380.06 are required for large-scale developments that have impacts beyond the approving jurisdiction.
How It's Used in Practice
In practice, attorneys secure development orders through the entitlement process and defend them against challenges. The attorney: prepares the application (addressing all zoning code requirements and comprehensive plan criteria), presents the case at public hearings (with expert testimony from planners, engineers, architects, and traffic consultants), negotiates conditions of approval (ensuring they are reasonable and achievable), and defends the order against challenges (§163.3215 challenges and certiorari petitions). Key considerations include: ensuring the development order creates vested rights (protecting the developer from future regulatory changes), monitoring the order's expiration (commencing construction within the specified timeframe to preserve vested rights), and complying with all conditions of approval (failure to comply may result in revocation).
Key Takeaways
- Development orders grant/deny approval for specific projects.
- Creates vested rights; protects against future regulatory changes.
- May be challenged within 30 days under §163.3215.
- Must comply with all conditions of approval.
- Quasi-judicial: based on evidence, code compliance, and due process.
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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC