Introduction
Northeast Florida is one of the fastest-growing regions in the state, attracting real estate investors and developers to areas like St. Augustine, Nocatee, Palm Coast, Ponte Vedra, and Flagler County. With expanding infrastructure, rising population, and strong demand for residential and commercial properties, the region offers exciting opportunities—but also complex legal challenges.
Did you know that Attorney Doug Burnett has obtained approval for 100+ Planned Unit Developments (PUD).
At St. Johns Law Group, our attorneys help investors and developers navigate the legal landscape of Florida real estate. Here are key legal considerations every investor and developer should keep in mind before breaking ground or acquiring property in Northeast Florida.
1. Zoning and Land Use Regulations
Each municipality and county in Northeast Florida has specific zoning codes and future land use plans. Before purchasing land or initiating development, it’s crucial to confirm:
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Zoning permits your intended use (residential, commercial, mixed-use, industrial)
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Density limits, height restrictions, and setbacks are understood
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You review the Comprehensive Plan and any upcoming zoning changes
Legal Tip: Consult our land use attorneys early to verify compliance and pursue rezoning, variances, or special use permits if necessary.
St. Johns Law Group has 2 land use and zoning attorneys, Douglas N. Burnett and James G. Whitehouse.
2. Due Diligence and Title Review
Before closing on any property, perform thorough due diligence, including:
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Title search and insurance
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Survey and boundary analysis
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Environmental assessments (especially for commercial or undeveloped land)
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Review of deed restrictions, easements, and access issues
Legal Tip: Don’t rely solely on the seller’s representations. Your attorney should review all documents, uncover hidden liabilities, and ensure clean title.
3. Development Agreements and Government Approvals
Most large-scale projects require development agreements, site plan approvals, and coordination with local government agencies.
Steps may include:
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Pre-application meetings with planning departments
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Approval by planning and zoning boards
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Permitting from the St. Johns River Water Management District, FDOT, and others
Legal Tip: Developers should work with experienced legal counsel to manage timelines, negotiate developer contribution obligations, and comply with concurrency and infrastructure requirements.
Doug Burnett and James Whitehouse have filed more development and rezoning applications in St. Johns County than any other law firm.
4. HOA and Deed Restrictions
Investors and developers entering platted subdivisions, planned unit developments (PUDs), or gated communities must carefully examine HOA covenants and recorded restrictions.
Issues to watch for:
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Minimum square footage requirements
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Architectural controls
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Limits on rentals or lot subdivision
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Road maintenance or shared amenity obligations
Legal Tip: Violating HOA rules or development conditions can trigger litigation or fines—be proactive in understanding these rules before investing.
Attorney Hillary Mesa concentrates her practice on HOA law.
5. Construction Law and Contractor Agreements
If your investment involves new construction, renovations, or commercial build-outs, it’s essential to:
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Use detailed construction contracts compliant with Florida law
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Define payment terms, scope of work, and dispute resolution clauses
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Ensure your contractor is properly licensed and insured
Legal Tip: Florida’s Construction Lien Law can expose owners to unexpected claims. Protect yourself with proper lien waivers, notices, and contractor oversight.
Attorney Shaun Saliba focuses on construction law and advising clients on construction contracts, defective construction and related disputes.
6. Mitigating Environmental and Coastal Risks
Northeast Florida’s proximity to the coastline introduces environmental, flooding, and coastal development concerns. Development near wetlands or in FEMA flood zones requires:
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Wetlands delineation studies
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Coastal construction permits
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Compliance with environmental mitigation regulations
Legal Tip: Failure to address environmental constraints can halt development. Retain professionals to assess risks and ensure permitting is complete and accurate.
7. Structuring Your Investment Properly
Whether you’re developing a single-family subdivision or acquiring a commercial property, your investment should be protected through the right legal entity, such as:
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Limited Liability Company (LLC)
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Joint venture or partnership
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Series LLC or land trusts
Legal Tip: Consult with a business and real estate attorney to structure ownership for liability protection, tax efficiency, and investor relations.
8. Short-Term Rental and Use Restrictions
In popular markets like St. Augustine and Ponte Vedra Beach, short-term rentals are heavily regulated. Even if permitted in your zoning district, local ordinances may impose:
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Licensing requirements
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Occupancy limits
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Parking and safety regulations
Legal Tip: Before planning to use a property for vacation rental income, confirm local short-term rental rules and avoid costly enforcement actions.
Why Work with a Local Real Estate Law Firm?
At St. Johns Law Group, we understand the unique dynamics of Northeast Florida’s rapidly expanding real estate market. Our attorneys help:
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Navigate zoning, permitting, and regulatory approvals
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Structure investment entities and development agreements
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Review and draft purchase, lease, and construction contracts
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Handle disputes, title issues, and litigation when needed
Areas We Serve
We proudly represent clients throughout St. Augustine, St. Augustine Beach, Ponte Vedra, Nocatee, Palm Coast, Flagler County, Jacksonville, and other areas of Northeast Florida.
Contact Us Today
If you are an investor or developer planning a project in Northeast Florida, legal guidance from the start is essential. Let St. Johns Law Group help you protect your investment and navigate Florida’s complex regulatory environment.
📞 Call (904) 495-0400
🌐 Visit www.sjlawgroup.com
📧 Email info@sjlawgroup.com