Land use disputes in Florida carry enormous stakes. Whether a developer is seeking approval for a new project, a property owner is challenging a zoning decision, or a local government is defending its comprehensive plan, these conflicts involve significant financial investment, regulatory complexity, and competing community interests. Florida law provides a specialized process designed to resolve many of these disputes outside of traditional litigation: the Florida Land Use and Environmental Dispute Resolution Act, commonly known as FLUEDRA.
What Is FLUEDRA?
FLUEDRA, codified in Sections 70.51 through 70.612 of the Florida Statutes, establishes a voluntary mediation and dispute resolution process for certain land use and environmental conflicts. The act was created to provide property owners and local governments with a more efficient and less adversarial way to resolve disagreements over land use decisions, development orders, and regulatory actions.
The process typically begins with a mediation phase, where a qualified mediator works with the parties to explore potential resolutions. If mediation does not produce a settlement, the matter may proceed to a special master hearing.
When Does FLUEDRA Apply?
FLUEDRA is most commonly invoked in disputes involving comprehensive plan challenges, zoning and rezoning disputes, development order denials, regulatory takings claims, and environmental and conservation restrictions that affect development potential.
Why Board Certification in Local Government Law Matters
Not every mediator is equipped to handle the complexities of a FLUEDRA proceeding. Cliff Shepard is Board Certified by The Florida Bar in City, County and Local Government Law, a distinction held by a relatively small number of attorneys in the state. Combined with his designation as a Florida Supreme Court Certified Circuit and Appellate Mediator and more than 40 years of legal practice, Cliff brings a rare combination of substantive knowledge and mediation skill to these proceedings.
The Advantage of Resolving Land Use Disputes Through Mediation
FLUEDRA mediation offers several advantages over litigation. It is faster, less expensive, and allows the parties to develop creative solutions that a court may not have the authority to impose. Mediation also preserves the working relationship between developers and local officials.
Contact Cliff Shepard at Shepard, Smith, Hand & Brackins in Maitland, Florida, to discuss how FLUEDRA mediation can help resolve your land use dispute efficiently and effectively.
