Question 1

How does Florida law protect non-conforming uses?

Accepted Answer

Florida protection: the Florida Constitution (Article X, Section 6) protects property rights from unreasonable government interference (including zoning regulations that eliminate existing uses without compensation). Florida’s Bert J. Harris Jr. Private Property Rights Protection Act (Section 70.001): provides property owners with a cause of action when a government regulation "inordinately burdens" their property (including regulations that affect non-conforming uses). Local government non-conforming use ordinances must: provide reasonable protection for existing uses, not amount to a regulatory taking, and comply with due process requirements.

Question 2

What is a vested rights claim for non-conforming uses in Florida?

Accepted Answer

Vested rights: a property owner may claim vested rights if they made substantial expenditures in reliance on existing zoning (before the zoning change). To establish vested rights in Florida: the property owner must prove they relied in good faith on government action (an existing permit, zoning approval, or official assurance), the reliance was reasonable, and the owner made substantial expenditures in reliance on the government action. If vested rights are established, the owner can continue the use despite the zoning change (the vested right is stronger than a non-conforming use right because it may include the right to expand or complete the development).

Question 3

What are development agreements and non-conforming uses in Florida?

Accepted Answer

Development agreements: Section 163.3220-163.3243 authorizes development agreements between local governments and developers. A development agreement can: "freeze" the applicable regulations for up to 30 years (protecting the development from future zoning changes), establish the uses, densities, and building requirements that will apply to the property, and provide certainty for the developer’s investment. Properties covered by a development agreement are not subject to subsequent zoning changes (to the extent the agreement covers the relevant regulations). This provides stronger protection than non-conforming use status.

Nonconforming Use in Zoning

Non-Conforming Use Protection in Florida

Constitutional Protection

Vested Rights

Development Agreements

Related Terms

Barnes Walker Land Use

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