USA - FLORIDA Law and Practice Contributed by: Jeffrey R Margolis, Marc S Shuster, James L Berger and Evan Rosenberg, Berger Singerman LLP
for future development. The zoning code must be consistent with these land use maps. Zoning codes also typically implement design standards to promote the goals of a form-based zoning code. For example, in a residential zon - ing district, structures must be built a certain distance from the property line (ie, setbacks) to promote open space in residential neighbour - hoods, whereas in commercial districts struc - tures typically can be abutting. Other design standards may include the number of required parking spaces or the percentage of the property that may be covered by impermeable surfaces (eg, concrete). Various jurisdictions also include incentives within their zoning code to promote certain design standards. For example, the City of Coral Gables provides development bonuses for projects that are designed with Mediterra - nean Architecture (ie, an architectural style that exhibits the vision of the City’s founder, George Merrick). As noted above, planning and zoning is “typi - cally” governed by the applicable jurisdiction. However, in 2023, Florida governor Ron DeSan - tis signed into law the Live Local Act, which pre-empts local planning and zoning laws, to promote workforce and affordable housing by increasing allowable height and density for pro - jects that reserve 40% of the units to affordable housing. This act was recently amended by the Florida legislature and awaits Governor DeSan - tis’ signature to, among other things, restrict the height of development for projects abutting resi - dential neighbourhoods. 4.3 Regulatory Authorities The primary government control regulating the design, appearance and method of construction of new buildings or refurbishment is the build - ing code of the county in which the property is
located and the Florida Building Code. As noted above, planning and zoning laws also impact the design and appearance of construction. Meth - ods of construction are largely outlined in the Florida Building Code, which is regularly updat - ed by the Florida Building Commission. The Commission is made up of 19 members with varying backgrounds, including architects, gen - eral contractors and engineers. On the local level, jurisdictions issue permits to allow for new construction and alterations to existing buildings, which is the method by which the jurisdiction can ensure that the design and construction is in conformance with the build - ing code. This is enforced by on-site inspections during and at the conclusion of the construction process. Each jurisdiction typically has a code enforcement division, which will also ensure compliance with the building code after a project has been constructed. 4.4 Obtaining Entitlements to Develop a New Project The first step in the process is to plat the proper - ty upon which the new project will be developed. Platting creates lots, parcels and/or tracts that may be developed. Once a plat is approved, it is recorded in the public records of the county where the property is located. In addition to platting, developers must obtain master plan and/or site plan approval from the local government. Florida law gives all persons the right to participate in and speak in opposi - tion to or in support of development or redevel - opment during the approval process, including platting and site planning.
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