Florida

Florida is a wild, gorgeous paradise teeming with iconic wildlife and blue water aplenty. This paradise is disappearing at a rapid pace: with an estimated 1,000 people moving to Florida a day, development is projected to double within the next 50 years. We must act now to preserve the real Florida, wild as she is.

Environmental Protections


Multiple laws exist to protect clean water, clean air, and threatened species. Policies are also in place to protect the properties of neighboring communities from dangers such as flooding. However, due to lack of awareness or corruption for profit, these laws are sometimes ignored.

Here are some environmental protections to be aware of so you can double check your community:

  • Water in Florida comes from a variety of sources, including underground aquifers and springs. It is understood that there is currently not enough water to supply the demand of the growing population in Florida (see the Florida Department of Environmental Protection’s information about this here). Because of this, Florida’s water resources are especially precious and threatened by pollution. Floridians who have experienced Harmful Algal Blooms (HABs) know this all too well.

    Florida has 5 Water Management Districts that are responsible for keeping drinking water safe and clean. Runoff from agriculture and chemically treated lawns, polluting discharge, construction and can severely pollute the water source, harming the environment as well as human health. Higher populations around water resources make these threats inherent.

    High-density developments and industrial developments should not be approved nearby water sources. Wildlife and humans alike deserve clean, healthy water.

    Land naturally absorbs, holds and filters water. When we turn land into impervious structures (i.e. concrete and asphalt) this system is disrupted. To protect the water supply located within watersheds, landowners and developers may not develop impervious structures or ground coverings beyond a certain density. As far as what percentage density is acceptable, that varies- watersheds are classified differently, and mitigations (or loop holes) exist for developers.

    You have a right and a duty to look closely at any development in proximity to water resources and ensure proper rules and procedures are followed.

    -Contact your local government (town, county, etc.) and Water Management District to ask about watersheds and regulation in your area. Perhaps they’re interested in purchasing certain parcels of land to turn into stormwater retention and nature park, as was done with Exploration Green in Houston, Texas.

  • ANIMALS

    Both the State of Florida and the United States have designated some species as Threatened or Endangered. Such species have special conservation protections for themselves and their habitats. National policies like the Endangered Species Act (ESA) and the Migratory Bird Treaty Act (MBTA) help ensure that any land that is home to protected species should also be excluded from development.

    -Florida’s Endangered and Threatened Species List (August 2023)

    -US Federally Protected Species

    As far as development, Florida has specific protections in place for burrowing owls and gopher tortoises, as well as their burrows. According to the State, this means that, prior to any clearing or construction, properties with active burrowing owl and/or gopher tortoise burrows are supposed to be surveyed and certain measures should be taken to protect the species. Each Florida municipality interprets and enforces these protections differently, and some are better than others (we can particularly praise Marco Island!).

    Developers should not be taking action without permits. Even with permits, subcontractors operating the construction may not be aware of the protected species on the site, and we welcome your going to talk and inform them personally as long as you can do so safely.

    You can read more about burrowing owl permits here, and gopher tortoise displacement permits here.

    If you notice a wildlife violation, contact your local police department as well as the FWC Wildlife Alert Hotline at 888-404-FWCC (888-404-3922).

    Threatened and endangered species can be difficult to spot. With a land owner’s permission, you can host a bioblitz! Get a group of outdoors enthusiasts and and spend a day out there, using freely available apps and resources to identify as many species as possible.

    We like using these apps:

    -iNaturalist (to see what species are seen in your area) -Seek (uses Image Recognition Technology to immediately identify species with your phone camera) -Merlin (identifies birds from their calls)

    Also, Florida’s Imperiled Species Management Plan has range maps for each protected species.

    If you find a protected species on a property, contact the Florida Fish & Wildlife Conservation Commission (Florida FWC) office in your region - let’s get that habitat protected.

    Still not sure who to contact? Reach out.

    *There are known cases of landowners intentionally killing or displacing protected wildlife from their property in order to more easily sell it for development. This is illegal. If you suspect this has happened, document all that you can and immediately contact your local law enforcement and report the Wildlife Violation to FWC.

    PLANTS

    In addition to federal listings, the state of Florida does recognize Endangered and Threatened native plant species. Due to these protections, it is unlawful to willingly and knowingly remove protected plants. However, these protections are weak on private property, and can be avoided through permitting.

    If you believe that endangered plant species may be disturbed by a development, you may want to contact your County and also reach out to the nonprofit Florida Native Plant Society.

  • Cultural and Archaeological Resources

    Cultural resources include manmade features (i.e. earthen mounds, walls, marked or unmarked burial sites), natural features (i.e. culturally significant plants such as river cane), and historic artifacts (i.e. tools and artwork). Although artifacts found on NC property belong to the land owner, there can be additional protections for these places. The state has a Division of Historical Resources to oversee these artifacts.

    If you believe there may be historical artifacts on a property:

    • Contact Florida’s Archaeological and Historical Conservancy to see if they’d be willing to survey and assess

    • It is illegal in Florida to knowingly and willingly disturb human remains. There are marked and unmarked burial grounds throughout the state of Florida, especially belonging to Native Americans and enslaved peoples. If you believe a burial site has been disturbed, contact your local law enforcement and the State Archaeologist- more information here.

    • Learn the federal and Florida state laws protecting historical resources

    Native Tribal Communities

    Of course, the land of the United States was forcibly stolen from Native peoples. Fortunately, there is a growing movement to help Native communities regain their land. When property is available for sale, some Tribes may wish to re-gain that land and protect and steward it. The US Department of Agriculture’s Forest Service has a Community Forest and Open Space Conservation Program that provides funding for organizations including Tribes to purchase land. First Nations uses this resource amongst others to assist Tribes.

    If you’re located in an area nearby Tribes, you could reach out and offer to help them re-gain land that would otherwise be sold for even more corporate profit.

    • Map of State- and Federally- Recognized Tribes in NC

    • List of additional non-recognized Tribes

    Historical Value

    If a property has been home to a long-standing community fixture, or perhaps was the site of a notable event or production, this signifies historical value that a municipality should be interested to preserve.

  • Storms and Flooding

    As a coastal state with a history of hurricanes, especially as climate change rapidly intensifies, Florida communities are vulnerable to flooding. 100-year-flood events are now happening much more frequently. Storm surge and sea level rise are already impacting coastal communities. When large developments cover porous, water-holding soil and plants with impervious buildings/concrete/asphalt, nearby homes and properties can become much more vulnerable to flooding. This is both an environmental and safety risk. Coastal developments especially are at risk you can check the Sea Level Rise map here and the Coastal Flood Exposure Mapper here (spoiler: it’s most of Florida).

    Heat

    Additionally, concentrated areas of sidewalks and roads without vegetation can lead to heat islands. Rising temperatures are increasingly dangerously. Poorly planned, rapid development can create extreme localized heat effects.

    Evacuation

    A high influx of residents can cause an increase in traffic. If the neighborhood’s roads and infrastructure weren’t built for this, the increased congestion could block your escape route in case of emergency. The Florida Department of Transportation can wind up with the responsibility of improving traffic flows to support the increased population, but this can mean more greenery destructed to widen roads.

    If the community has historically been low-density, there may be a limited number of firefighters and emergency responders for the area. This is worth asking and speaking up about.

    You have a right to protect your own land and community. If you believe a proposed development could cause an increased environmental safety risk for your neighborhood, contact your local representatives voting on the development and present the facts.

Civic Engagement

Often times, elected officials and appointed commissioners in your community have to give the OK on major developments. This usually happens via a political process called Zoning. Opposition to development in Florida has been tricky in recent years due to the governor’s pro-development track record. Here are some ways to organize your community and engage decision makers at the local level:

  • Green spaces across Florida are rapidly becoming developed. Rural communities are in particular danger. Here are some ways you can remain informed and engaged with the community so you’re prepared to speak up when commercial developments are proposed in green spaces.

    1) Get to know your County representatives on the Board of County Commissioners (BOCC). These folks are responsible for voting on rezoning for commercial development. What mattes to them? Do they have kids who love to play outside in fields around the neighborhood? Do they enjoy bird watching? How do they envision bettering your community?

    Your County Commissioners may be a mix of elected and appointed individuals. Their job is to represent the desires of their constituents who call their municipality home, not those of private for-profit interests. They are your team mates. Show them that you appreciate and support their efforts.

    • Attend County Board Meetings and any public events they host when possible. This is an excellent way to express your thoughts as a concerned stakeholder and get on a first-name basis with decision makers. These events should be advertised online and on your County’s website.

    • Get Involved in Local Elections. Advocate for green-minded, non-corporate-backed candidates, or consider running yourself. Think global, act local- this is where you can make a real difference for our nation.

    2) Get familiar with your county’s Land Development Code and/or Comprehensive Plan.

    This should be openly available online on the BOCC website. The plan sets apart certain parcels of land for recreational use or open space, while others are set aside for residential and commercial purposes. It is designed to help protect the character of the community and manage growth, so make sure it goes to good use!

    3) Grow community.

    Get to know your neighbors and the collective network you have. Perhaps you can organize a book club, potluck dinners, game nights etc. You can all keep an eye out together and become comfortable communicating with each other.

  • Land Use and Zoning

    Parcels of land are all “zoned” for particular uses such as recreational, agricultural, residential and commercial. When bare land is purchased for commercial use, be it multiple residences or stores or a parking garage, this usually means that the parcel of land has to be rezoned.

    The legally-defined zoning process in Florida mostly occurs within each county’s Board of County Commissioners (BOCC). A developer will submit an application to the county to rezone and/or build on piece of land. This process may begin before the developer has officially purchased the land. You can read more about a typical Florida zoning and development procedure on the Hillsborough County page.

    If a parcel/property is being considered for rezoning, this is public information. Neighbors in close proximity to the proposed development will likely receive notice in the mail. You may see large yellow signs on the property to indicate the hearing date. This information should also be on your BOCC website and communicated via county newsletters.

    A developer may begin the re-zoning process of a property before their company has officially bought the property from the independent land owner.

    Dedicated engagement in this process from start to finish is your best chance to speak up, prevent unnecessary development and protect nature- and earlier is ALWAYS better . Major development companies often have many projects working at a time. They don’t want to waste time on unwelcoming communities or risk being sued. If community opposition is strong enough, and the developer has not yet officially purchased the land, they will be more inclined to walk away. This does happen in communities that stand together and speak up!


    The zoning process can take anywhere from weeks to years, depending on the project. It is supposed to be clear and welcoming for public input. However, often times the public is left unaware and/or confused on how to participate. Here is a starter guide on what to expect and how to engage:

    1) Talk with the Land Owner

    A developer may begin the re-zoning process of a property before their company has officially bought the property from the independent land owner. To find out who owns a particular property in Florida, you need to contact your County Clerk’s office (unless Google does the trick).

    Property owners have a right to sell their property to whomever they wish. However, as a friendly and concerned neighbor, you can try talking to neighboring land owners and ask if they’ve considered other options. Local governments may be interested in purchasing particular properties to designate and maintain it as a public park, thereby enhancing community aesthetics and access to the outdoors. Land conservancies/trusts may also be interested in purchasing properties at market value if they have a certain conservation value.

    If the land owner chooses to move forward with their sale, you will have to accept their choice and take the conversation to your county government.

    2) Ask Questions and Engage your Neighbors

    There is power in numbers. If you’re upset about a proposed development, chances are that your neighbors feel the same. Use emails, social media, and door-to-door communication to communicate your concerns with your neighbors, and ask them to speak up with you. Together, you can:

    • Contact your BOCC’s Planning Commission. Ask what plans have been submitted for development of the property, how you can view the plan and zoning application, what the next steps are, and when there are opportunities for public input.

      If you have questions about the development, your Board Members probably do, too. By raising these specific questions to the Board, they will be able to contact the developer and ask for more clarity.

      Click here for our starter list of suggested questions.

    • Know the rules and regulations. Check out the environmental, safety and historical protections for Florida in the section above.

      Additionally, familiarize yourself with your county’s Comprehensive Plan and/or Land Development Code. These plans are public and provide a roadmap for growth and development in the community. They may show specific areas of the town as planned for recreation, open space, conservation, commercial or residential.

      Local ordinances will also outline parameters that all large developments should follow. This may include certain amounts of usable and open green space in the community (hint: tennis courts and storm water ponds don’t count), amount of tree buffers to be retained, etc. Additionally, there may be planning requirements for flooding events.

      If you find that any policies are being violated or that the re-zoning falls outside of the Comprehensive Plan, document that and speak up right away.

    • Spread the word. Talk to neighbors, elected officials, and local interest groups (i.e. your Home Owner’s Association, local chapters of environmental, conservation, health and/or historical organizations). Share information via social media. Contact your local newspapers and radio shows to see if they’d be interested. Circulate a petition. Consider making yard signs if allowed.

      Remember to stick to the facts!

      County officials are used to frequent complaints, especially around development. You want to share why this particular development is a threat to the greater good of the community. Speak about environmental protections, impacts to clean water and safety, environmental justice, cultural and historical values, school and road capacities, and the Comprehensive Plan. Highlight beneficial alternatives, such as parks.

    • Attend public meetings.


      During the zoning process, some counties equire the developer to host “Neighborhood Meeting” events for local residents to learn more and ask questions. Eventually, there will be a Public Hearing for the public to officially express concerns and opposition, and then your local council members will vote on whether to approve the rezoning.

      Check your mail and your local government’s webpage frequently for Public Hearing and Zoning notices and sign up for alerts.

      Always attend these meetings, and galvanize as many neighbors as possible to show up with you. If you can, have a neighborhood meeting before hand and prepare your statements. Ask the board/council if you can be added to the agenda or share a presentation. Remember- your tax dollars fund your municipality, and you have a right to ask questions and be involved.

      Ask questions, share concerns, and be vocal for those animals, trees and people who cannot speak for themselves. Speak up even if your voice shakes!

    • Pay attention throughout the entire process. Delays may happen, and particularly contentious zoning applications may try to slide under the radar. It is tedious work to pay attention, but make sure someone is remaining informed at all times.

    3) Recruit outside help. In particularly complicated cases, you may wish to enroll legal professionals (see our recommendations below). Additionally, local land trusts and/or governments may be interested in purchasing the property to preserve it for conservation value.

  • Below is a non-exhaustive list of land trusts, and organizations that work with land trusts, in FL:

    -North Florida Land Trust

    -Alachua Conservation Trusts (North Florida)

    -Audubon Florida

    -Florida Native Plant Society

    -Calusa Land Trust (Pine Island)

    -Bay County Conservancy (Northwest Florida)

    -Corkscrew Regional Ecosystem Watershed (CREW) Land & Water Trust (Southwest Florida)

    Additionally, you can search for a Florida land trust here with the Alliance of Florida Land Trusts search tool.

    Florida Water Management Districts and other government entities may also be interested in land acquisition through a variety of Florida conservation grant programs. Learn more here.

Litigation

Unfortunately, Florida is very unfriendly to opposition. In 2023, the state passed a scary new law (SB 540). Basically, the law states that if any person/entity were to sue against a development and lose, that person/entity would be responsible for paying all of the court and legal fees for the developer. This makes the risks of litigation way too expensive for most people and organizations.

According to the Public Participation Project, Florida is considered to have adequate anti-SLAPP (Strategic Lawsuits Against Public Participation) Laws. This means that it’s not so easy for developers/corporations to file meritless lawsuits against concerned citizens for speaking up on public matters. This is good news, but Florida is still a very pro-developer state.

Regardless, if you believe that a proposed development is unlawful and has the potential to cause harm, to the environment and/or local community, you have a right to challenge it. Here are some lawyers who specialize in this kind of work:

  • **The above mentioned are law firms that practice law to defend the environment. This is not an official endorsement or advertisement.

    If your firm practices environmental or land use law in the name of conservation in Florida and you want to be highlighted here, please contact us.

  • Poor and marginalized communities often do not have the means to oppose changes in their communities, even when those changes can cause harm. If there is a proposed or underway development that will negatively impact marginalized communities, law and advocacy organizations may be able to help at little to no cost.

    **The above are suggestions based upon public information. This should not be taken as an endorsement or guarantee. contact us.

    If you would like your firm to be highlighted here, please contact us.