FLUEDRA Flashcards
FLUEDRA ----------- FLUEDRA - For what kind of O? - Provide what?
If O believes unfairly burdened, has 30 days to request.
LG has 10 days to give to special master.
What O can use FLUEDRA?
An O who believes dev order unfairly burdens use of his property. INCLUDES GOVT (who is barred from Harris).
How many days does O have to assert?
O has 30 days to request relief.
How many days for LG to act on O’s request for a FLUEDRA hearing?
LG has 10 days to assign to special magistrate
LG must notify contiguous Os & any witnesses from PH.
How many days do interested persons have to request to participate?
21 days to request to participate.
How many days does special magistrate have to hold hearing?
45 days for a hearing.
40 day advance notice given. WEIRD #
How many days notice is required before FLUEDRA hearing?
40 day advance notice given. WEIRD #
How many days does special magistrate have to render his recommendation?
14 days.
FLUEDRA ----------- How many days does LG have to respond to: O's claim w/ spec mag? Spec mag's recommendation?
15 days
45 days.
What options does LG have in responding to special magistrate’s recommendation?
FLUEDRA ----------- Accept. Accept in part. Reject.
After LG accepts/partial/rejects special magistrate’s recommendation, who has next move?
O must notify wh/ it agrees w/ LG’s response to special magistrate’s recommendation.
If O rejects LG’s response to special magistrate’s recommendation, who has next move?
LG has 30 days to write specific permissible uses of property.
Who is a “participant”?
FLUEDRA
1) Property owner contiguous to O or
2) Any substantially affected person who spoke up (sworn or unsworn) at PH.
Must O exhaust all administrative appeals?
Exhaust all nonjudicial local LG administrative appeals if the appeals take no longer than 4 months.
Can O request FLUEDRA with pending administrative appeal?
HOW DOES THIS TIE INTO REQUIREMENT THAT O REQUEST FLUEDRA W/I 30 DAYS?
Yes.
If dev. order final + administrative appeals exhausted, or
If dev. order final for 4 months + O is in an appeal,
O may initiate FLUEDRA.
What is FLUEDRA special magistrate’s role?
To facilitate or mediate resolution.
When can special magistrate suggest alternatives to LG?
FLUEDRA
1) If found LG’s action unreasonable or unfairly burdens
2) With O’s permission.
How many days can a FLUEDRA proceeding take?
165 days (can extend by agreement).
Are FLUEDRA documents public records?
YES - special magistrate’s recommendation.
NO - participants statements/actions.
Why are participants’ statements/actions before special magistrate NOT public records?
Statute deems them evidence of an offer to compromise or settle.
YET - Statute also says PH MUST BE PUBLIC & informal.
Can O try FLUEDRA after O initiated lawsuit?
No. Once file in court, waive FLUEDRA.
Is FLUEDRA an administrative appeal that has to be exhausted prior to filing suit?
No.
Can a government be an O under FLUEDRA?
Yes.
Contrast w/ Harris = no.
What is included in an ‘enforcement action’ under FLUEDRA?
Quite broad. Includes Code Enforcement.
Does not include CP.
State the difference in mechanics of FLUEDRA vs. Local Process.
FLUEDRA:
(1) O believes a Dev Order unfairly burdens
(2) Mandatory to provide.
(3) O has 30 days from rendition to demand.
(4) LG has 10 days to provide Spec. Mag.
LOCAL PROCESS:
(1) O = ‘aggrieved & affected’ by prelim dec based on CP
(2) Optional (pass an ordinance).
(3) LG has 10 days from app to BOTH:
(Post Notice on Site) + (Publish or Mail)
State the different claimants.
FLUEDRA:
O believes Dev Ord is unreas or unfairly burdens.
LOCAL:
Aggrieved or affected by Dev Ord based on CP.
State LG’s obligation to provide each.
FLUEDRA:
Mandatory if requested.
LOCAL:
Optional to have, pass an Ordinance.
State the 3 steps for each.
FLUEDRA:
(1) O has 30 days from rendition to demand.
(2) LG has 10 days to give demand to Spec. Mag. Has 15 days to answer O’s claim.
(3) LG notifies contiguous Os & PH witnesses.
———–
LOCAL:
(1) w/i 10 days of Dev Ord application LG must:
(a) Post notice on site + Publish or mail to affected Os that they have rt to Q-J hearing.
(b) Make a preliminary decision.
(2) Hold Q-J b/4 spec master who makes recommendations to LG
(3) Hold 2nd Q-J.
State the method of appeal.
FLUEDRA vs. LOCAL ----------- FLUEDRA: Writ of cert!, circuit, 30 days. LOCAL: Writ of cert!, circuit, 30 days.
Is FLUEDRA public or private?
Hearing = public & informal. ----------- Mag's recommendation = public. ----------- Like any mediation: Participant's statements + actions = private b/c compromising a claim.
Can FLUEDRA address CP?
FLUEDRA ----------- Cannot address a CP amendment. BUT Can recommend an amendment to CP.
State 4 key points.
1) O has QJ decision.
2) Any dev ord or enforcement action,
3) Spec Mag tries to settle.
4) If can’t settle, writ.
- ——–
1) O has no decision = application.
2) Prelim dec.
3) SM holds QJ + recomms.
4) QJ before bd, writ.
Based on Code or CP?
QJ or Legis?
FLUEDRA = fluid, easy, simple = code + qj
1) Code - Any dev ord
2) Q-J
- ———-
LOCAL = only locals know the CP = drama, CP + QJ
1) CP + LG can throw in LDR if desired.
2) QJ. You’d think Legis but turns QJ
# of decisions.
FLUEDRA vs. LOCAL ---------- FLUEDRA - 2! #1 - Bd CP dec. #2 - SM QJ recomm. Bd issues uses. Nothing further. ---------- Local - 3 #1 - LG Prelim. #2 - SM QJ recomm. #3 - Bd QJ.
What are methods of appeal for FLUEDRA vs. Local?
FLUEDRA = QJ O files writ on Bd's issuance of uses. ----------- LOCAL regards CP but becomes QJ so Writ. ~confirmed 163.3213(4). If do not use local = de novo dec. If use local= writ.
What’s is weightier, FLUEDRA or Local?
Local! SPECIAL TREATMENT: 1) Re: CP 2) Gets Prelim decision. 3) Gets 3 decisions (prelim, SM, Bd) 4) Avoids Legis hrg 5) P gets 2 hearings (SM + Bd). 6) QJ from the beginning to end. ----------- FLUEDRA is really just mediation to appeal a QJ dev order. Greedy, gets initial QJ, SM QJ, Bd accept or issues uses.
