Administrative Challenges to Land Development Regulations

Section 163.3213, Florida Statutes, authorizes a person whose interests are adversely affected by a land development regulation to file a petition with the Department of Economic Opportunity (DEO) challenging the regulation on the ground that it is not consistent with the local government comprehensive plan. The proceedings before DEO are informal proceedings.

What regulations can be challenged?

• Any ordinance that regulates development, including but not limited to subdivision, building construction, landscaping, tree protection, or sign regulation. For more information, see Section 380.04, Florida Statutes - Definition of development.
• A general zoning code.

What regulations cannot be challenged under section 163.3213, Florida Statutes?

• A zoning map.
• Zoning or rezoning of land.
• Any building construction standard adopted pursuant to and in compliance with the provisions of Chapter 553, Florida Statutes, which includes the Florida Building Code.

When can a challenge be filed with the Department?

• Within 12 months after final adoption of the land development regulation.

How do I file a challenge to a land development regulation?

There are two steps to seeking administrative review of a land development regulation:

1. Filing with the Local Government:
   • Before filing a petition with DEO, the petitioner must first file a written petition with the local government so it has an opportunity to consider the identified concerns.
   • The local government has 30 calendar days to respond in writing - or a longer time if the petitioner and the local government agree in writing.
2. Filing with DEO:
   • A petitioner my file a petition with DEO within 30 days after the local government responds in writing to the petition, or within 30 days after expiration of the time for the local government to respond, AND no later than 12 months after final adoption of the land development regulation.
   • The petition filed with DEO must contain the facts and reasons that were contained in the petition filed with the local government.
   • DEO will notify the local government that a petition has been filed and will generally schedule a conference, by phone or in person, to discuss the petition with the petitioner and the local government.
   • No sooner than 30 days and no later than 60 days after receiving the petition, the DEO must issue its written determination whether the land development regulation is or is not consistent with the local government comprehensive plan.

Where to File with the Department

Department of Economic Opportunity
Bureau of Community Planning
107 East Madison Street, MSC 160
Tallahassee, FL 32399

Formal Proceedings before the Division of Administrative Hearings

• If DEO finds that the land development regulation is not consistent with the local government comprehensive plan, DEO is required to forward its determination to the Division of Administrative Hearings for a formal hearing before an Administrative Law Judge, who will decide the issue.
• If DEO finds that the land development regulation is consistent with the local government comprehensive plan, the petitioner can challenge that decision by filing a petition with the Division of Administrative Hearings no later than 30 days after DEO's determination is filed with its Agency Clerk (that date will appear on the determination). An Administrative Law Judge will hold a formal hearing and decide whether the regulation is or is not consistent with the local government comprehensive plan.  If no challenge is filed, DEO's determination becomes final and the challenge is concluded.

Further Information / DEO Contacts

For further information, contact the planning analyst for your local government (see Community Planning Review Team Assignments).