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VESTED RIGHTS DETERMINATIONS

Orlando City Code ch. 59, pt. 9
in effect

Orlando City Code § 59.900 Vested Rights and Takings Claims.

Sec. 59.900. - Vested Rights and Takings Claims. Nothing in this Ordinance shall be construed or applied to constitute a temporary or permanent taking of private property without just compensation (hereinafter "taking") or the abrogation of vested rights. Vested Rights. It shall be the duty and responsibility of the party alleging vested rights to affirmatively demonstrate the legal requisites of a claim of vested rights. Rights shall vest upon a determination by the City Council that the applicant: 1) has relied in good faith and in reasonable reliance; 2) upon some clear and unequivocal act or promise by the City; and 3) has made such a substantial change in position and incurred such extensive obligations that it would be highly inequitable or unjust to destroy the rights he has acquired. Takings. This Chapter is not intended to apply to claims of takings without just compensation arising from the Growth Management Plan or the regulations contained in other Chapters of this Code. This Part shall apply only where a property owner bases a taking claim in part or completely on facts related to the criteria, the concurrency encumbrance process, or the capacity reservation process or other applications or procedures set forth in this Chapter. In such event, it shall be the duty and responsibility of the party alleging a taking to demonstrate the legal requisites of a taking. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149)

Orlando City Code § 59.901 Burden of Asserting Vested Rights or a Taking and Criteria for Determination of Claims.

Sec. 59.901. - Burden of Asserting Vested Rights or a Taking and Criteria for Determination of Claims. It shall be the burden, duty and responsibility of the party alleging vested rights to demonstrate the legal requisites of a vested rights claim under the applicable administrative, state, and federal law in existence at the time the claim is asserted and such law shall be strictly followed. It shall be the burden, duty and responsibility of the party alleging a taking to demonstrate the legal requisites of a taking under the applicable administrative, state, and federal law in existence at the time the claim is asserted and such law shall be strictly followed. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149)

Orlando City Code § 59.902 Exhaustion of Administrative Remedies Required.

Sec. 59.902. - Exhaustion of Administrative Remedies Required. No applicant, claiming that this Chapter as applied to a particular property constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights, may pursue such claim in court or before a quasi-judicial body unless the applicant has first exhausted the administrative remedies provided in this Chapter. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149)

Orlando City Code § 59.903 Documentation of Claim.

Sec. 59.903. - Documentation of Claim. Claims of a taking or abrogation of vested rights are limited solely to extreme circumstances rising to the level of a potential denial of rights under the Constitutions of the United States and the State of Florida. The signature of the claimant or the attorney for the claimant upon any document in connection with any application, notice, statement or other document required or permitted by this Chapter shall constitute a certificate that the person signing has read the document and that to the best of his/her knowledge it is supported by good grounds and that it has not been presented solely for delay. The claimant and the attorney for the claimant shall have a continuing obligation throughout the process to correct any statement or representation found to have been incorrect when made or which becomes incorrect by virtue of changed circumstances. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149)

Orlando City Code § 59.904 Notice Invoking Administrative Remedy.

Sec. 59.904. - Notice Invoking Administrative Remedy. Any applicant seeking to establish that this Chapter constitutes a temporary or permanent taking of private property or an abrogation of vested rights shall file a Notice Invoking Administrative Remedy with the Planning Division Manager. The Notice shall contain, at a minimum, the name, address, and telephone number of the property owner, project name, if any, a street address and legal description of the property for which vested rights are sought or in connection with which a taking is alleged, and the name, address, and telephone number of any other person authorized by the property owner to represent him during the administrative process. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149; Ord. No. 2024-39, § 5, 9-23-2024, Doc. #2409231305)

Orlando City Code § 59.905 Who May File Notice Invoking Administrative Remedy.

Sec. 59.905. - Who May File Notice Invoking Administrative Remedy. Owner. An Owner or group of Owners, or the authorized agent of such, may file a Notice Invoking Administrative Remedy as to a particular Parcel or Parcels under this Ordinance. The Planning Director may make an application. A Master Property Owner's Association may make an application as to an area subject to it, provided specific authorization is given for such application in accordance with the declaration, articles, and by-laws, and that the association submits an opinion from an attorney admitted to practice in the State of Florida confirming such authorization. For the purposes of this Chapter no lien holder shall be considered an Owner until such lien holder has foreclosed his lien and acquired legal title to the property. Agent's Authorization. A Notice filed by an agent shall contain a power of attorney signed or other appropriate certification by the Owner and notarized specifically authorizing the agent to represent the Owner as to the Owner's Lot or Parcel for a review and determination under this Ordinance. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149)

Orlando City Code § 59.906 Application for Vested Rights Determination.

Sec. 59.906. - Application for Vested Rights Determination. The applicant shall file an Application for Vested Rights Determination within sixty (60) calendar days of the filing of the Notice of Invoking Administrative Remedy. The Application shall be filed with the Planning Division Manager and shall set forth the facts upon which said claim is based. The Application shall be accompanied by copies of all contracts, letters, appraisals, reports or any other documents, items or things upon which the applicant's claim is based. The Application shall also be accompanied by a list of the names and addresses of all witnesses which the applicant may present in support of the claim and a summary of the testimony of each witness. Except as set forth in Section 59.908 of this part, no oral testimony or written reports or documents in support of any argument that the application of this Ordinance would constitute a temporary or permanent taking of private property or would abrogate vested rights shall be considered as evidence by the Hearing Officer or City Council unless such information is included in the Application filed pursuant to this paragraph. Failure to file the Application within the time specified in this paragraph shall constitute a waiver of all vested rights and takings claims set forth in the Notice. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149; Ord. No. 2024-39, § 5, 9-23-2024, Doc. #2409231305)

Orlando City Code § 59.907 Written Determination of the Planning Division Manager.

Sec. 59.907. - Written Determination of the Planning Division Manager. The Planning Division Manager shall have the duty and responsibility to review all Applications and evidence timely filed pursuant to this Chapter. The Director or his designee shall have the authority to request additional information from the applicant. No application shall be deemed complete until all requested information is supplied or until such request is withdrawn. If an applicant believes the requested information to be irrelevant or unduly burdensome he may appeal to City Council. Within sixty (60) calendar days after receipt of a complete Application, the Director shall prepare a written determination regarding the Application. The written determination shall be provided to the applicant and the written determination and the Application shall be forwarded to the Hearing Officer. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149; Ord. No. 2024-39, § 5, 9-23-2024, Doc. #2409231305)

Orlando City Code § 59.908 Rebuttal Evidence.

Sec. 59.908. - Rebuttal Evidence. Within seven (7) calendar days after receipt of the written determination, the applicant may file with the hearing officer and the City a list of rebuttal witnesses and rebuttal evidence. No oral testimony or written reports or documents in support of any rebuttal argument shall be considered as evidence by the Hearing Officer or City Council unless so filed. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149)

Orlando City Code § 59.909 Stipulation.

Sec. 59.909. - Stipulation. The Director, during the sixty (60) calendar day review period may negotiate a stipulation with the applicant, which shall not be final until approved by City Council. If the City and the applicant enter into a stipulation during the sixty (60) calendar day review process, no hearing shall be required before the Hearing Officer with respect to any matter settled by such Stipulation Agreement. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149)

Orlando City Code § 59.910 Administrative Hearing.

Sec. 59.910. - Administrative Hearing. The Hearing Officer shall schedule a hearing to be held within thirty (30) calendar days of the date he receives the written determination and the application from the Director. Stipulation. If the Director and the Applicant have stipulated to vested rights or a taking, appropriate action shall be taken to reserve capacity pursuant to the stipulation. Once a Stipulation is properly executed, Development Orders may be issued notwithstanding that the Hearing Officer has not ratified the Stipulation. Evidence. The Hearing Officer shall have the power to compel the production of evidence, compel compliance with requests for discovery, and compel the attendance of witnesses. These powers of the Hearing Officer may be enforced through a court of competent jurisdiction. Oath. The Hearing Officer shall have the power to administer oaths. All testimony shall be under oath. Consideration. The Hearing Officer shall consider all relevant evidence, the Recommendation and argument of the Planning Division Manager, and argument of the Applicant. Burden of Proof. The Applicant shall have the burden of coming forward with the evidence and the burden of proof. The decision of the Hearing Officer shall be based on competent substantial evidence after applying the criteria set forth in applicable administrative, federal and state case law in effect at the time the claim was asserted. Formality. Formal rules of evidence shall not apply. Hearsay evidence may be admitted but shall not form the sole basis upon which the Hearing Officer's decision is made. The hearing shall be conducted in a manner to ensure that procedural and substantive due process is afforded the Applicant. Order. The Hearing Officer shall approve or deny in whole or in part the claims of the applicant, or may postpone the matter for submission of additional information. A decision shall be made by the Hearing Officer within forty-five (45) calendar days of the date complete information, as determined by the Hearing Officer, is submitted to the Hearing Officer. An Applicant may elect to have the decision based solely on the information submitted, without hearing, in which case the decision shall be made within thirty-five (35) calendar days of such election during which time the Planning Director may gather additional information for review by the Hearing Officer. The decision of the Hearing Officer shall be reduced to writing and shall contain findings of fact and conclusions of law, and shall provide the legal description of the property to which it applies. It may contain reasonable conditions necessary to effect the purposes of this Ordinance and the Concurrency Requirements of the Plan. It shall state that it is subject to expiration in accordance with this or subsequent ordinance(s). It shall be filed with the Planning Director and a copy provided to the Applicant. Appeals. Only parties to the hearing may file an appeal. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149; Ord. No. 2024-39, § 5, 9-23-2024, Doc. #2409231305)

Orlando City Code § 59.911 Time Periods.

Sec. 59.911. - Time Periods. If at any time more than twenty-five (25) Notices of Intent have been filed with the Director, one (1) calendar day shall be added to the time periods set forth in this Part for each Notice above twenty-five (25). (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149)

Orlando City Code § 59.912 Vested Rights of Developments of Regional Impact.

Sec. 59.912. - Vested Rights of Developments of Regional Impact. Developments of Regional Impact Approved After the Effective Date of this Chapter. Developments of Regional Impact (DRI's) approved after the effective date of this Chapter shall be subject to concurrency. For the purposes of this section, the term DRI shall include Florida Quality Developments. Every DRI Development Order issued after the effective date of this chapter shall contain a section entitled "Concurrency Management" which shall specify the manner in which concurrency shall be applied to the development and shall include, at a minimum: (1) Approved phasing, by year, land use and trip ends generated; and (2) Public facilities and services to be provided or constructed by the developer during phase one (1) of the development; and (3) Capacity in public facilities and services, if any, to be provided by the City for phase one (1) of the development; and (4) A procedure for determining who will provide public facilities and services for phases beyond phase one (1) of the development. Developments of Regional Impact Approved Prior to the Effective Date of This Chapter. The Developer or registered agent of any DRI approved prior to the effective date of this Chapter may enter into an agreement with the City to set forth the vested rights status of the project and deal with other issues concerning the status of the DRI pursuant to this Chapter. The CMO shall evaluate each such DRI based upon the following: (1) Conditions of approval contained in the development order; and (2) The size, nature and location of the DRI; and (3) Project phasing schedule; and (4) Capacity available; and (5) Historical development patterns and pace of building permit activity in the DRI; and (6) Other appropriate information provided in the development order, application for development approval or by the applicant. No such agreement shall be effective until approved by City Council. (Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149; Ord. No. 2013-24, § 1, 5-6-2013, Doc. #1305061204)
Source: City of Orlando, Florida, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/fl/orlando/codes/code_of_ordinances?nodeId=TITIICICO_CH59COMA_PT9VERIDEFetched: 11/1/2026

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