Question 1

What is a local ordinance in Florida?

Accepted Answer

A local ordinance is a law enacted by a Florida municipality (city, town, village) or county government. Local ordinances: supplement state law (they cannot conflict with or preempt state law), regulate local matters (zoning, building codes, noise, parking, business licensing, animal control), and apply only within the jurisdiction of the enacting government. In Florida, the authority of local governments to enact ordinances comes from: the Florida Constitution (Article VIII, which establishes the structure and powers of local government), enabling statutes (state laws that specifically authorize local regulation in certain areas), and home rule authority (under Section 166.021, municipalities have broad authority to govern local affairs unless specifically preempted by state law).

Question 2

How do Florida local ordinances affect real estate?

Accepted Answer

Real estate impact: local ordinances control virtually every aspect of real estate development and use: zoning ordinances (determine what can be built where: residential, commercial, industrial, mixed-use), building codes (establish construction standards: structural, electrical, plumbing, mechanical), subdivision regulations (govern how land can be divided into lots), impact fee ordinances (require developers to pay for infrastructure: roads, schools, parks), tree protection ordinances (regulate the removal of trees on development sites), historic preservation ordinances (restrict alterations to historic properties), and short-term rental ordinances (regulate vacation rentals, which vary significantly among Florida municipalities). A developer must comply with all applicable local ordinances before obtaining building permits and certificates of occupancy.

Question 3

Can a Florida local ordinance be challenged?

Accepted Answer

Challenge methods: a party can challenge a local ordinance through: facial challenge (arguing the ordinance is unconstitutional on its face, regardless of how it is applied), as-applied challenge (arguing the ordinance is unconstitutional as applied to a specific property or situation), Bert Harris Act claim (Section 70.001: a property owner can claim that the ordinance "inordinately burdens" the property, entitling the owner to compensation or relief), preemption challenge (arguing the ordinance conflicts with or is preempted by state or federal law), and procedural challenge (arguing the ordinance was not enacted properly: inadequate notice, failure to hold public hearings, or violation of the Government in the Sunshine Law). Challenges are typically filed in the circuit court of the county where the ordinance applies.

Local Ordinance

Local Ordinances in Florida

Real Estate Impact

Authority

Challenges

Related Terms

Barnes Walker Land Use

Ready to Get Started?