Planning for Fast Track Land Sales in Florida

Florida has long been a poor, sparsely populated state, with weak local governments that were ill prepared for the rapid growth and development of recent decades. Large lot-sale companies exploited this opportunity by developing platted subdivisions that transformed raw land into marketable homesites without considering many of the important aspects of growth management. As a result, most of these subdivisions have been ignored by planners and other public officials charged with resolving growth-management problems. Nevertheless, these communities are often the fastest growing and largest in their region. This article surveys the literature on platted subdivisions, explores some potentially useful planning techniques, analyzes the Florida Fast Track Land Sales in Florida planning system’s response to platted lands, and presents a case study of a novel approach recently implemented in Lehigh Acres, Florida.

One major obstacle to resolving the problems of pre-platted lots is the legal right to private property. Several dozen states have laws that require compensation for any government action that diminishes the value of property, even if the reduction is not a direct and immediate consequence of the governmental activity (Avery 1996). Thus, developers fear being forced to reduce the price of their lots unless they can demonstrate that their actions are justified by a legitimate need for public services.

Moreover, many of these old-time developments have been purchased by out-of-state investors who do not vote in local elections and thus are less concerned about the consequences of their choices. As a result, they are often ignored by the community’s leaders and local officials who do not realize that these non-voting residents represent a significant share of the local population.

Although a number of different planning strategies have been proposed, few have been implemented (Federal Register 1986). Most of these strategies involve the purchase and acquisition of old-time development properties by local governments, which may be able to use their land-use control powers to reshape these communities in ways that will help to alleviate some of their problems.

In addition, some of the problems of platted subdivisions may be solved by voluntary actions on the part of the lot owners. However, such options are hampered by the fact that lot owners have often paid much more for their lots than they are worth today, making donations or fair-market sales unlikely. In any event, many lot owners are convinced that they would be better off relinquishing their property to the government than remaining in a flawed subdivision where development is likely to be restricted or prevented (Schnidman and Baker 1985).

The division of state lands staff is constantly working to evaluate potential surplus property for sale to county governments and the general public. This process is aided by new tracking and mapping programs. In addition, the division has established a program to buy small parcels of land referred to as “Murphy Act” lands. These are the remnants of a statutory forfeiture that occurred when tax certificates unpaid became delinquent after June 9, 1939. This program has been successful in acquiring property that otherwise might have been lost to the State.