Archive note, October 2026: This post was a general commentary on Florida House Bill 993, a proposal on challenges to development permits, written around a News-Press article. The article it lists is dated May 6, 2011; the post gives no other date.

The firm's work in this area is on its land use and zoning page.

A new bill that was recently proposed by Florida lawmakers and is set to go to the Governors desk could change how developers in Florida will apply for permits to build. Supporters of the bill insist Florida has placed far to difficult requirements on contractors trying to develop the state.

In 2011, House Bill 993 proposed changing who had to prove the case in administrative challenges to licenses, permits and conceptual approvals under chapters 373, 378 and 403, Florida Statutes. Environmentalists are worried the bill will make it more difficult to protect the environment from detrimental building. Before that change, the permit applicant bore the ultimate burden of proving entitlement to the requested approval in those proceedings. Under the bill, the permit applicant would first present an initial case showing entitlement to the approval, followed by the agency's evidence. The challenger would then bear the ultimate burden of proving the case against approval with competent and substantial evidence.

The proposed law could make it very difficult to challenge contractors and developers, which has local environmentalists worried about the effect on Florida's water supplies. Most are appalled by the bill. Supporters of the bill insist the bill is not about damaging the environment, but increasing building in Florida and making it easier for developers to bring much needed constructions jobs back to the State. They insist that out of state developers avoid Florida because they have grown weary of spending long periods of time locked in court battles with environmentalists who do not live any where near the proposed developments. Developers welcome the bill, saying the previous laws were set up in a way that put them at a disadvantage in court.

Critics and Florida conservationist and environmentalists see the bill as a free for all attack on the environment and already fragile water quality in the state. Local leaders who oppose the bill cite concerns over the nearly 85,000 acres located in Lee county that are at risk of being developed. In fact, a southern Florida judge is already so critical of the current water quality of the state he said he is considering asking the federal government to step in and enforce water quality laws that are already in place.

If you are concerned with the legality of this bill or any other commercial law issue, contact a Miami commercial lawyer. Commercial law covers a wide range of issues involving business processes and the buying and selling of goods. If your company is being sued or if you believe your rights have been infringed upon, a Miami commercial lawyer can tell you if you have a viable case.

Links:

Builders hail late legislation change, by MARY WOZNIAK, May 6th 2011

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