A Developer’s Guide to Staying Compliant in Florida’s Construction Industry

Florida’s booming real estate and construction markets offer incredible opportunities for developers—but with great opportunity comes great responsibility. Whether you’re building residential communities in Naples, luxury condos in Miami, or commercial properties across the state, understanding the legal landscape is essential. From zoning codes and environmental regulations to labor law compliance, Florida construction law can be a complex maze.

This guide breaks it all down into clear, actionable steps to help you stay compliant and keep your project on track.

Understanding Zoning and Land Use Laws in Florida

Zoning is the first hurdle for any development project—and in Florida, it’s a big one. Zoning laws vary not just from county to county, but sometimes from city to city. These rules control how land can be used, building height, setbacks, density, parking requirements, and more. Key zoning considerations for Florida developers:

• Check Local Zoning Codes Early: Every city and county has a zoning map and code. Make this your first stop.
• Rezoning or Variances: If your project doesn’t align with the current zoning, you’ll need to apply for a zoning change or a variance, which can require public hearings.
• Comprehensive Plans: Florida law requires municipalities to adopt long-term development plans that guide zoning decisions. Your project must be consistent with these plans to gain approval.
• Concurrency Requirements: Florida has “concurrency” laws that ensure infrastructure—like roads, schools, and water—is available before or when it’s needed. This could affect the timing or scope of your project.

Ignoring zoning compliance can lead to costly delays, legal challenges, or denial of permits. Partner with a local land use attorney or zoning expert early in the process.

Environmental Regulations: What Florida Developers Must Know

Florida’s unique ecosystem—wetlands, beaches, flood zones, and endangered wildlife—makes environmental compliance a critical aspect of construction. Common environmental regulations in Florida:

• Wetlands Protection: If your project touches or impacts wetlands, you’ll need permits from the Florida Department of Environmental Protection (FDEP) and potentially the U.S. Army Corps of Engineers.
• Stormwater Management: Developers must follow Florida’s stormwater rules to prevent flooding and protect water quality, including designing and maintaining retention ponds and drainage systems.
• Coastal Construction Control Line (CCCL): If you’re building near Florida’s beaches, special permits are required to protect the coastline and dunes.
• Endangered Species: Florida developers must often conduct environmental assessments to ensure construction won’t harm protected wildlife like gopher tortoises, manatees, or sea turtles.

Environmental missteps can stop a project in its tracks. It’s not just about avoiding fines—it’s about preserving Florida’s natural beauty while building for the future.

Labor Laws and Workplace Compliance

Construction is a labor-intensive business, and Florida developers must stay compliant with a range of federal and state employment laws to avoid serious penalties. Important labor law compliance areas:

• Minimum Wage: Florida’s minimum wage is currently $13.00/hour (as of 2025), increasing to $14.00 in September and eventually to $15.00 by 2026. Tipped workers must be paid at least $10.98/hour by that point (including tips).
• Overtime: Non-exempt workers are entitled to overtime pay (1.5x hourly wage) for any time worked over 40 hours in a workweek.
• Workplace Safety: OSHA regulations apply to all construction sites. Failure to provide a safe work environment can lead to injuries, investigations, and lawsuits.
• Workers’ Compensation: Florida requires construction employers to carry workers’ comp insurance—even for small businesses.
• Payroll Records: Employers must maintain accurate records of hours worked, wages paid, and employee information for at least three years.

Regular audits, training, and proper documentation are essential to staying compliant and avoiding Department of Labor investigations.

Licensing and Permitting in Florida

Every construction project in Florida must be properly licensed and permitted before work begins. Steps to follow:

• General Contractor Licenses: Make sure your contractors hold valid state licenses from the Florida Department of Business and Professional Regulation (DBPR).
• Local Building Permits: Each municipality has its own permitting process. Common permits include site development, foundation, plumbing, electrical, and structural.
• Inspections: Most permits require ongoing inspections during construction to ensure code compliance. Failure to schedule or pass inspections can halt work.

Starting construction without permits can result in stop-work orders, fines, or forced demolition. Make permitting a priority on your project checklist.

Federal Regulations Developers Must Follow

While much of construction law is governed by state and local regulations, there are federal rules that developers in Florida also must keep in mind:

• Fair Labor Standards Act (FLSA): Covers wage, overtime, and child labor laws.
• Americans with Disabilities Act (ADA): Requires commercial properties to be accessible to individuals with disabilities.
• National Environmental Policy Act (NEPA): Applies to projects using federal funds or impacting federal lands/resources.
• Clean Water Act (CWA): Regulates discharges into navigable waters.

Federal oversight can add another layer of complexity—especially for large-scale or publicly funded projects.

Tips for Staying Compliant

Here’s how to avoid costly mistakes and stay on the right side of the law throughout your development process:

1. Start with the Right Team: Hire experienced consultants—land use attorneys, environmental specialists, and construction lawyers familiar with Florida law.
2. Do Your Homework: Study zoning, permitting, and labor laws before purchasing land or hiring contractors.
3. Document Everything: Maintain thorough records of permits, plans, contracts, employee records, and inspections.
4. Stay Current: Laws change. Monitor updates to wage laws, environmental policy, and building codes.
5. Don’t Cut Corners: It may save time short-term, but noncompliance can cost you big in the long run.

Ready to Build Without the Legal Headaches?

Navigating construction law in Florida doesn’t have to be overwhelming. With the right knowledge and support, you can keep your project compliant, efficient, and on budget.

At DuFault Law, we help Florida developers confidently move from blueprint to building. From land use and zoning consultations to labor law compliance and permitting, our experienced legal team is here to protect your investment and ensure your project’s success.

Contact us today to schedule a consultation and ensure that your projects move forward smoothly and without legal setbacks. Call us at (239) 422-6400 or email contact@dufaultlaw.com to get started.