USA - FLORIDA Law and Practice Contributed by: Jeffrey R Margolis, Marc S Shuster, James L Berger and Evan Rosenberg, Berger Singerman LLP
4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning Design and methods of construction in Florida are governed by the Florida Building Code, which contains strict standards governing con - struction methods to address the impact of storm surge and high velocity winds in certain areas of Florida, among other things. The Florida Building Code incorporates the Florida Fire Pre - vention Code and the Life Safety Code, which also regulate design and methods of construc - tion. Local governments, including municipali - ties and counties, are responsible for enforce - ment, interpretation and regulation of the Florida Building Code. 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction Planning and zoning is typically governed by the municipality or county in which the property is located. Each jurisdiction has laws, commonly known as zoning codes, which shape how devel - opment must proceed within the respective juris - diction. Most jurisdictions have implemented a form-based zoning code, whereby certain uses, heights, and densities are arranged by zoning district to promote a cohesive community. For example, dense residential and commercial uses may be located along major thoroughfares, while noxious manufacturing uses are sectioned off from residential and civic uses, such as schools, to protect the public from health and safety con - cerns. Along with zoning codes, jurisdictions also implement a comprehensive land use map (also known as a future land use map in some jurisdictions), which defines and implements the goals and objectives of the jurisdiction’s vision
cally, by operation of the United States Bank - ruptcy Code. This means that foreclosure and other enforcement actions against the borrower or its property stop unless the bankruptcy court orders otherwise following notice and a hearing. The bankruptcy court may lift the automatic stay by agreement of the borrower, or for a cause, including the lack of adequate protection of the secured creditor’s interest in the collateral. A borrower may offer adequate protection in sev - eral ways, including through the periodic pay - ment of interest at the non-default rate to the secured creditor. The bankruptcy filing may also permit the bor - rower to challenge or seek to set aside the liens of the secured creditor. Generally speaking, a preference is a transfer of an interest in prop - erty (including the granting of a lien) on account of an antecedent debt, made while the debtor was insolvent, and which allowed the creditor to receive more than it would if the debtor were liquidated. Similarly, a debtor may seek to avoid transfers of property as fraudulent transfers. These cases involve the transfer of property by an insolvent debtor for less than reasonably equivalent value, or where the debtor trans - fers property with the intent to hinder, delay or defraud creditors. 3.10 Taxes on Loans This is not applicable in Florida.
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