What Is a Development Agreement?
In Florida real estate development, the rules can change overnight. A city commission can rezone a parcel, change density limits, or impose new impact fees after a developer has already invested millions in planning and design. A development agreement protects against this regulatory whiplash.
Under Florida Statute 163.3220-.3243 (the Florida Local Government Development Agreement Act), a developer and a local government can enter into a binding contract that "vests" the developer's rights under current regulations. For the term of the agreement, the government cannot change the rules on the developer, even if they adopt new zoning ordinances, density caps, or impact fee schedules.
What a Development Agreement Covers
- Permitted Uses — The specific land uses approved for the project (residential, commercial, mixed-use).
- Density and Intensity — The number of units or square footage the developer is permitted to build.
- Building Height — Maximum height locked in for the agreement term.
- Infrastructure Obligations — The developer's commitments to build roads, water lines, and parks.
- Impact Fees — The fee schedule is locked in, preventing the city from increasing fees mid-project.
- Duration — Florida law allows development agreements for up to 30 years.
Public Hearing Requirement
Because development agreements bind future city commissions, Florida law requires two public hearings before approval. The agreement must also be recorded in the county's Official Records to provide notice to the public.
Related Terms
- Zoning — The regulatory framework vested by the agreement
- Comprehensive Plan Amendment — May be required before a development agreement can be approved
- Concurrency — Infrastructure obligations typically addressed in the agreement
Barnes Walker Land Use
Barnes Walker's land use attorneys negotiate and draft development agreements on behalf of major Florida developers, vesting our clients' entitlements for up to 30 years and protecting multi-million-dollar projects from regulatory changes that could derail construction. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC