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Brevard County, Florida, legal blog

Can I have a daycare facility in my Melbourne home?

Running a daycare can be a fun and lucrative business. However, it's important that anyone who wants to operate a daycare in their home understands Melbourne's zoning laws as they apply to "family day care homes."

Under Melbourne's zoning codes a "family day care home" is an occupied residence where children from more than one unrelated family receive properly licensed child care services.

A Florida city where vegetable gardens are zoned out

It is about a three-hour drive south from Brevard County to Miami Shores, Florida. The village is known as a combination bedroom community and destination for retired folks. It has also become known as the place that doesn't allow residents to grow vegetable gardens.

The trouble with veggies began four years ago when Miami Shores banned the vegetable gardens and said it would fine people for each day they failed to comply with the ordinance. A state court last year upheld the ban -- which is part of the city's zoning regulations -- deciding that the city had the authority to decide that vegetable gardens are ugly and unwanted.

Editorial: Florida lawmakers threaten local control

It is a more than 300 miles from Brevard County to Tallahassee. If some Florida lawmakers get their way, residents of Brevard's 16 communities would have to make that 5-plus hour drive each time they wanted to address local issues involving ordinances, regulations and future plans. That is according to a recent newspaper editorial.

The Treasure Coast Newspapers believe that state legislators are trying to subvert a bedrock of Florida government: home rule. Part of the state constitution, home rule enables local governments to establish local building codes, zoning ordinances, sign regulations, locations of adult businesses, bar-closing times and so on.

Community Associations - Service of Process

I recently came across the case of FREMONT REORGANIZING CORPORATION F/K/A FREMONT INVESTMENT & LOAN D/B/A FREMONT INVESTMENT AND LOAN v. THE GRAND CONDOMINIUM ASSOCIATION, INC., which highlights the importance of proper service of process. Specifically, the appellate court affirmed that the trial court properly vacated the default and default final foreclosure judgment after finding that the foreclosure judgment was void because the owner had not been properly served with the foreclosure complaint. However, the appellate court found that the trial court erred in refusing to vacate the subsequent sheriff's deed and sheriff's sale. The sheriff's deed, and resulting sheriff's sale, were both based upon the void final judgment of foreclosure, which was itself based upon the void default. Ultimately, the appellate court held that once the trial court concluded that the underlying foreclosure judgment was void, it had no choice but to finish the job and vacate the subsequent transactions predicated solely upon the "void" decree. The full text of the case is copied below.

What land use rights do homeowners have?

As a homeowner, you have a great deal of leeway in the way you use your property. However, some limitations will apply to homeowners depending where they live and what legal covenants potentially apply to their property.

Just because limitations apply to your property, it doesn't mean you can't employ legal strategies to bypass them.

Acceptance of area bid for Amazon's HQ2 would have big impact

Boston, Buffalo, Baltimore and Birmingham. Chicago, Charlotte and Cleveland. Las Vegas, Long Island and Louisville, too. All have submitted bids to Amazon for the online retail giant's new headquarters that will come with 50,000 high-paying tech jobs and $5 billion in construction spending.

It's widely reported that Orlando is among the 238 cities, counties, regions and states that submitted a bid. If Cocoa's neighbor lands the prize feverishly sought by much of the nation, it could have impacts far beyond the city's limits.

What is the property rezoning process in Brevard County?

Real estate investors frequently purchase properties that they want to use for specific purposes. If the property, however, has a zone that does not allow for the intended purpose, the owners will need to apply to rezone the property.

In some cases, property owners purchased land with the intention of rezoning it for an intended purpose. In other cases, investors purchase land without realizing that they cannot use it the way they planned.

Zoning made a difference in how storms affected Florida and Texas

Hurricanes Harvey and Irma have linked Florida communities to flood-ravaged Houston and other Texas towns and cities. The historic storms struck within days of each other, wreaking havoc, taking lives and causing billions of dollars in property damage.

An unexpected difference between what happened to Florida and what happened to Texas was in our approaches to something that seems almost trivial in the face of nature's fury: zoning and land use. A look at the devastation in Houston, in particular, makes it clear that the zoning choices made in that sprawling major American city set it apart from the cities in Florida pummeled by Irma.

How today's land use and zoning impact the Florida of 2070

Think of the changes in society, technology, arts and law that have taken place over the past 50 years. It is possible that the advances and evolutions to come in the next five decades will dwarf those that have taken place since 1967.

While no one can know for certain what lies ahead, researchers do their best to provide us with educated guesses about where we'll be in 2070. Recent studies by 1000 Friends of Florida, the University of Florida and our state’s Department of Agriculture contain forecasts that the public and policymakers alike should bear in mind as decisions are made about land use and zoning.

Florida's new approach to zoning and urban streeets

Pedestrians and bicyclists are often left in the dust when it comes to zoning rules and regulations. According to certain urban planning experts, the state of Florida is -- in some ways -- worse than other states in this regard.

However, this could change as the Florida Department of Transportation (FDOT) seeks to make changes to urban planning so that the state's roads and streets will be safer for people who aren't in vehicles.

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