Tampa, FL asked in Gov & Administrative Law and Agricultural Law for Florida

Q: Can Miami dade county require a nursery registered with the state to get a certificate of use through Miami dade county?

Nursery is on agriculture land and AU zoning

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: I'm guessing that, by "registered with the state", you mean registering the nursery with the Fla. Dept. of Agriculture and Consumer Services pursuant to Fla. Statutes Section 581.131. The purposes of State regulation/inspection of nurseries are different than the purposes of County Certificates of Use, which confirm the business is allowed in that particular zoning district and complies with local zoning and environmental ordinances, as well as fire and building codes. So an educated GUESS would be that you are likely subject to all of the above requirements. To obtain legal advice to rely on, you'd need to schedule a consultation with an attorney handling local government and/or administrative law.

If I were you, I'd start by talking to officials in both the Fla. Dept. of Agriculture and Consumer Services and the Miami-Dade County Permitting and Inspection Center and ask them for the reasons for the requirements at each level. What does one government level do that the other does not? Ask them to show you or direct you to all laws and codes that apply at each level. If anything is not completely understandable, ask them to explain. If you need help cutting through any unduly burdensome red tape, a call to your local county commissioner's office (for county issues) or to your local State Representative's or State Senator's office (for State issues) might result in some assistance. Hope this helps.

Terrence H Thorgaard agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.