USA – FLORIDA Trends and Developments Contributed by: Jeffrey Bercow, Ben J. Fernandez, Michael W. Larkin and Melissa Tapanes Llahues, Bercow Radell Fernandez Larkin & Tapanes
Approval timelines A central feature of the LLA is the shift from discretion - ary approvals to administrative review. In theory, this eliminates the need for public hearings and reduces entitlement timelines. In cities and counties that have embraced the Act, this promise has been realised. Developers have experi - enced: • streamlined approvals; • reduced political exposure; and • greater predictability. However, in local governments still refining their approach, timelines remain inconsistent. Delays often arise from: • requests for additional documentation; • internal legal review of statutory interpretation; and • co-ordination challenges among reviewing agen - cies. In one representative example, a mixed-use affordable housing project encountered months of delay due to unresolved questions regarding height calculations and density thresholds under the Act. As a result, while the LLA can significantly accelerate approvals, developers should approach timelines with flexibility and incorporate potential delays into project planning. Height, density and the limits of local regulation One of the more impactful clarifications in the 2026 Amendments relates to height and dimensional restrictions. The 2026 Amendments prohibit local governments from using indirect or “dimensional” regulations – such as excessive setbacks required at a certain height – to limit the height of LLA projects beyond what is other - wise permitted. This provision addresses a key concern raised by developers: that municipalities could undermine the statute’s intent by imposing design requirements that functionally reduce allowable building height.
The 2026 Amendments clarify that LLA projects may consist of assemblages of parcels under common ownership or control, separated by no more than 15 feet of land used for pedestrian access. This clarifica - tion is critical for urban redevelopment where unusual parcels or historic lot fragments can limit project scale. The 2026 Amendments also delineate important limi - tations. The LLA will not apply to: • properties designated to preserve the open char - acter of land or open space; • areas defined as areas of critical state environmen - tal concern such as the Florida Keys; and • land encumbered by conservation easements. In addition, agricultural uses – including farms and related operations – are expressly excluded from the definition of commercial or industrial uses. Municipal and county responses Perhaps the most defining feature of the LLA’s imple - mentation has been the variability in how local govern - ments are responding. Some local governments have moved quickly to establish administrative processes, issuing guidance and creating predictable pathways for approval. In these municipalities, developers have successfully advanced projects with relative efficiency. Others have adopted a more cautious approach, char - acterised by: • narrow interpretations of statutory eligibility; • additional procedural requirements; and • extended internal review processes. In practice, this has resulted in a fragmented regula - tory environment. A project that proceeds smoothly in one city may encounter significant delays in another, even where the underlying facts are similar. For developers, this underscores a critical reality: the success of an LLA project is highly dependent on local implementation. Consequently, early engage - ment with municipal staff and a clear understanding of jurisdiction-specific practices are essential.
771 CHAMBERS.COM
Powered by FlippingBook