When it comes to purchasing surplus land in Southwest Florida, there are no restrictions on who can buy it. However, there are certain regulations that must be taken into account when using the land for commercial purposes. In Biscayne National Park, special commercial fishing regulations apply. According to Florida law, the owner's intention to abandon use must be demonstrated in order to apply the discontinuation rules.
The 17th Circuit Court for Palm Beach County and for Palm Beach County held that Florida law requires that intent be demonstrated and that the stipulation of a time limit for suspension simply provides a rebuttable presumption of intent to abandon. In order to ensure that all regulations are followed, it is recommended to enlist the assistance of an attorney or other land use professional. These experts specialize in matters related to land use and environmental law, permitting, zoning, litigation, and related legal matters. Additionally, they can help with amortization of non-compliant uses.
The fundamental case in Florida that defends the proposal that a local government can amortize non-compliant use is the case of Standard Oil Co. At least one lower court in Florida has ruled that the testimony of a code enforcement agent that a non-regulatory use had stopped being used in a non-regulatory manner during several unspecified visits to an unspecified site did not constitute substantial and competent evidence. Florida common law states that acquired rights can be established if the owner or developer has (in good faith), (based on some government action or omission), (has made such a substantial change of position) or has incurred such significant obligations and expenses (that would make it highly inequitable to interfere with the acquired right). The Florida Supreme Court declined to draw a distinction between the terms in the Crandon v. Florida case.
The law of variation requires the applicant to establish a unique characteristic of the property that makes it virtually impossible to use it for the purpose or manner in which it is divided into zones. When it comes to fishing regulations, there are no specific barracuda regulations for the rest of Florida's counties in state and federal waters. In the Ambrose case, the court held that a series of plans recorded between 1924 and 1971 did not automatically allow the urbanization of these properties and prevented the subsequent application of environmental development restrictions to properties in the Florida Keys. As indicated, this list is not intended to be exhaustive, but it provides a general idea of the aspects to consider when proceeding with due diligence in real estate transactions in Southwest Florida. A federal permit is required for commercial capture in federal waters and to exceed the recreational baggage limit in state waters. For those looking to purchase surplus land in Southwest Florida for commercial purposes, it is important to understand all applicable regulations and restrictions. It is recommended to enlist the help of an experienced attorney or other land use professional who specializes in matters related to land use and environmental law, permitting, zoning, litigation, and related legal matters.
Furthermore, those looking to engage in commercial fishing should be aware that a federal permit is required for capture in federal waters and exceeding recreational baggage limits in state waters.
