When a city or county renders a development order on an entitlement application—such as for a special exception, variance, or rezoning—developers and land use attorneys should strongly consider leveraging the land use mediation process outlined in Florida Statutes §70.51. This approach can provide a cost-effective, creative, and flexible alternative to the traditional circuit court appellate process.

Overview of the Land Use Mediation Process

Under Florida law, land use mediation allows developers to challenge a development order without immediately resorting to filing a writ of certiorari in circuit court. Here’s how the process works:

1. Tolling the Appeal Deadline
   • Typically, a writ of certiorari appeal must be filed within 30 days of the order being rendered. However, invoking the mediation process under §70.51 tolls (delays) this 30-day deadline, providing up to 180 days to resolve the dispute through mediation.
2. Selection of an Independent Magistrate
3. Both parties must agree on an independent magistrate to oversee the mediation process. This impartial third party facilitates discussions and, if necessary, provides a formal recommendation.
4. Two-Step Process

1. Mediation: The parties meet to negotiate a resolution. Discussions during mediation are not public record, ensuring confidentiality, even though the mediation itself is technically open to the public.
2. Magistrate Recommendation: If mediation fails to produce a settlement, the magistrate drafts a recommendation for the city or county’s governing body (e.g., the commission). The governing body can either accept or reject this recommendation.
3. Option to Resume Circuit Court Appeal
4. If the governing body does not alter its position following mediation, the developer or attorney can resume the circuit court appellate process. The mediation process does not waive the right to judicial review.

Benefits of Land Use Mediation

1. Flexibility and Creativity
   • Unlike a circuit court appeal, which focuses solely on procedural or legal issues, mediation allows parties to craft creative solutions that may not be possible through litigation.
2. Extended Timeframe
3. Tolling the 30-day appeal deadline provides additional time to negotiate and develop solutions, often reducing the pressure to make hasty decisions.
4. Cost Savings
5. By avoiding immediate court filings and potentially resolving the dispute without litigation, mediation can save significant legal fees and other associated costs.
6. Confidentiality
7. Discussions during mediation are shielded from public record, providing a confidential space for negotiations.

When Mediation May Not Be Suitable

While mediation can be a powerful tool, it is not always the best option. For instance:

• Inflexible Parties: If the city or county is unwilling to deviate from its original position due to pressure from an interested party, such as a neighborhood association, mediation may be futile. Interested parties are required to participate in the process and can sometimes derail negotiations.
• Case-by-Case Analysis: The decision to use mediation depends on the specific circumstances of the case, including the likelihood of reaching a mutually agreeable solution.

Conclusion

Florida’s land use mediation process under §70.51 offers a compelling alternative to immediate circuit court appeals. It provides developers and land use attorneys with additional time, confidentiality, and flexibility to resolve disputes creatively and cost-effectively. However, its success depends on the willingness of all parties to engage in good-faith negotiations.

Our firm has successfully utilized this process in past cases, demonstrating its potential to deliver favorable outcomes. If you are facing a development order dispute, contact us to evaluate whether land use mediation is the right approach for your situation.