Administrative and Regulatory Actions

When a property owner receives a warning or violation notice from a governmental agency, Katie works with the owner to identify whether the alleged act is exempt from the specific regulation at issue and what steps the property owner should take to remedy the violation and resolve the matter.  

Florida law provides certain exemptions to bona fide agricultural buildings and activities, provided that the owner-operator complies with various conditions set forth in statute and rule.  We educate agricultural property owners and agency regulators, working to achieve the intent of Florida’s laws such as the Right to Farm Act and Agricultural Lands and Practices Act as well as those governing Best Management Practices, Agritourism Activities, Florida Fire Prevention Code, water resources protection, and floodplain management.

Katie has represented clients before the United States Department of Agriculture, South Florida Water Management District, and numerous cities and counties in responding to warning notices and resolving regulatory and code violations. 

Construction

Katie provides initial and ongoing support to equestrian property owners undertaking construction or renovation of stables, farm buildings and support structures, grooms’ quarters, and beyond.  Florida law provides certain exemptions that may benefit owners engaged in commercial horse boarding and training, including exemptions from obtaining a local building permit and applying zoning regulations to the building such as setbacks and number of stalls.

Katie’s construction support services for agriculture includes the following:

  • Land use and environmental permitting due diligence

  • Providing technical guidance on the application of fire and life safety codes for farm buildings and grooms’ quarters

  • Preparing and filing building permit exemption notices (often referred to as “ag affidavits” or “agricultural exempt” forms) with the county or municipality

  • Preparing and filing floodplain review forms with the county or municipality

  • Issuing Opinion of Title letters in connection with the issuance of permits

  • Handling applications for Unity of Title, Unity of Control, Lot Combination, etc. so that the multiple, contiguous parcels may be developed and used as one property

  • Reviewing and challenging government-imposed permit conditions, fees, utility connections, and dedications that are prohibited exactions under Florida law  

By engaging with agricultural land use and permitting counsel in early in the site planning and design stages, property owners can incorporate certain best management practices that provide legal protections and environmental benefits too. 

Agricultural Classification Applications
and Appeals

Florida’s Greenbelt Law provides a process for county property appraisers to classify lands as Agricultural if the statutory criteria are met.  Once property is classified Agricultural, there is a reduction in the assessed value of lands used for commercial agriculture.   Florida law also provides certain protections and exemptions to lands classified as Agricultural.  Every January and February, we help property owners across the state through the application process.  If an application for Agricultural Classification is denied, we represent the taxpayer in its appeal before the Value Adjustment Board.  Note that there are strict timelines for filing applications and petitions and well as supporting evidence to demonstrate the property’s use on January 1.

Katie has handled new Agricultural Classification applications and denial appeals across the state, including Miami-Dade, Broward, Palm Beach, Martin, and Hillsborough for the following industry types:

  • Aquaculture

  • Horse boarding and training

  • Cattle grazing

  • Tropical fruit groves

  • Plant nurseries

  • Tree farms

Due Diligence

Often, a client wants to know if a certain property may be developed with all contemplated buildings and amenities to support the client’s uses of the land.  The client needs to know whether there are any restrictions that restrict or prohibit them from achieving their vision.  We carefully review the property’s existing entitlements and identify the path forward for securing approvals pre- and post-closing. 

Our due diligence practice includes the following services:

  • Preparation of legal opinion letters

  • Performing due diligence for a prospective buyer or current owner

  • Review of title search reports along with existing encumbrances and permits to determine their legal status and effect

Opinion of Title Letters

If you are applying for a permit from a county, city, or other government agency and need an Opinion of Title letter from an attorney, we can help. We can obtain an updated title search report and prepare an Opinion of Title letter in accordance with the permitting authority’s requirements. Expedited services are also available.