When a developer or builder in Florida wants to acquire a parcel of land and intends to build a specific use, such as a multifamily housing project, a retail center, or a mixed-use complex, the most foundational step is securing the rights and approvals that give that land the legal permission to be developed.
That process is commonly referred to as land entitlement. Think of it as transforming raw property into a legally “buildable” asset, i.e., one that is aligned with zoning, local plans, infrastructure requirements, and regulatory obligations.
Lawyers in Cobb Cole’s Land Use & Zoning group have a long history of helping clients secure land entitlements for their projects. Because these projects and their land entitlements often implicate complex Real Estate Law and Construction & Design issues as well, it helps to have a full-service law firm with a wide-ranging practice on your side.
From a practical perspective, here is what land entitlement involves:
- Identifying the current land-use designation and zoning for the parcel, and whether the desired use sits within those parameters or requires a land use amendment, rezoning, variance, or conditional use permit.
- Working through site-planning and design review to meet setback, density, landscape, utility, roadway, and stormwater requirements.
- Navigating utility and infrastructure obligations, including water, sewer, stormwater, rights-of-way, off-site improvements, or proportionate share payments.
- Engaging local government and possibly holding public hearings or neighborhood meetings so that the project aligns with the local plan and community context.
- Once approvals are secured, recording the entitlements formally. This usually entails a development order, plat, site plan, or similar instrument, issued by local authorities, so the project may move ahead into permitting and construction.
In Florida, land entitlement is distinct from building permits or construction approvals, although the permitting process can be a complex and daunting obstacle in its own right. Building permits allow you to construct a building. Entitlements allow you to use and develop the land in a specific way. From a risk and value perspective, an entitled parcel is significantly more marketable and less exposed to development surprises.
Given Florida’s complex regulatory landscape, engaging sound legal counsel early is highly advisable. The attorneys at Cobb Cole’s Land Use & Zoning group help clients navigate the entitlement layer before they ever pick up a shovel or pour concrete. Cobb Cole’s Real Estate Law attorneys can provide legal review of title, development agreements, zoning, and land-use approvals, while the Construction & Design practice helps bridge entitlement into the construction phase.
Why Developers Should Consider Entitlements Value Creation
When a builder holds land that is entitled for a higher and better use (such as a proposed apartment complex rather than single-family homes, or a food-oriented retail center instead of general commercial use), it often increases value materially, sometimes by 10 percent or more of the finished lot value.
Without entitlements, land remains speculative. With entitlements, you reduce uncertainty and create a clearer regulatory trajectory. In Florida, understanding how entitlements interplay with the local comprehensive plan, concurrency or impact-fee rules, and infrastructure obligations is a major differentiator between success and stalled projects.
Common Entitlement Steps In Florida
Below is a sample checklist of typical entitlement milestones in Florida development:
- Conduct due diligence: zoning, environmental conditions, title, utilities, traffic impact analysis.
- Pre-application meeting(s) with the planning department (many counties/cities encourage or require this).
- Application submission for rezoning, land-use amendment, or site plan, depending on whether the proposed use is not by-right.
- Review by planning staff, engineering review, landscape/utility review.
- Public hearings before planning commission/city council and possible neighborhood meetings.
- Approval of zoning or land-use change; issuance of development order.
- Submittal and approval of detailed site plan or subdivision plat.
- Recording of plat, impact-fee payment, or infrastructure surety.
- Utility and roadway permit approvals, including drainage, stormwater, wetlands or environmental resource permits, if applicable.
- Building permit issuance (the next phase, after entitlement).
Why Good Legal Representation Matters
- Risk mitigation: A delay in entitlement can halt construction schedules and increase carrying costs. Legal counsel helps anticipate timeline exposure, present applications properly, and respond to review comments.
- Strategic alignment: Developers must align their use with the comprehensive plan policy, zoning district standards, and both state and local statutes. Lawyers can craft strategies, such as phased entitlements, conditional use negotiations, or impact-fee credits, that shape these outcomes.
- Transition into construction: Entitlements set the stage for construction permitting. Legal representation that spans land use, real estate and construction design allows a seamless transition from approval to building—minimizing hand-offs or gaps.
How Cobb Cole Can Support Your Project
- The Land Use & Zoning practice helps evaluate zoning and land-use risk, prepare applications, represent clients in hearings, and secure development-order entitlements.
- The Real Estate Law practice provides review of title, purchase agreements, development agreements, infrastructure agreements, and the legal aspects of turning the entitled land into a transactional asset.
- The Construction & Design practice supports the permitting and design-phase execution once entitlements are in hand, ensuring that the build-out aligns with the approved site plan and permits. Furthermore, because construction and design can entail a wide range of agreements, legal and regulatory requirements, and potential disputes, many developers and firms find it in their interest to retain our Construction & Design attorneys early on in a project.
Getting Ahead Of Retention And Timing
Given the lengthy nature of land entitlement in Florida, developers should build sufficient time and legal support into their planning. This is especially true when a zoning change or comprehensive-plan amendment is required. It is common for certain jurisdictions to take 12 months or more for an entitlement change, while by-right uses may proceed more quickly. In many Florida jurisdictions, concurrency requirements tied to transportation, schools, and utilities must be satisfied before any development order is issued, which adds another layer of review beyond simple zoning compliance. Relying on legal counsel early allows you to identify whether your intended use is “by-right,” whether variances or conditional uses will be required, and whether infrastructure or concurrency issues could slow progress.
Final Thought
Land entitlement is a foundational phase of development in Florida. It sets the legal framework that determines what you can build, how you proceed, and what conditions apply. For developers and builders seeking to use a property for a distinct purpose, securing the appropriate zoning, land-use approvals, site plan, and infrastructure agreements is critical. Entitlements can also influence capital structuring, since lenders and investors often evaluate the development order as a signal that a project is legally viable within that jurisdiction’s growth framework. Legal representation that spans land use, real estate, and construction phases can give your project many more tools to adapt, respond, and move forward effectively. With the right team in place, you could move into the permitting and construction phases with a stronger foundation and a clearer chance of realizing your vision.
