Land Use #s Flashcards
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CP’s Capital Improvement Element covers how many years?
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5 years
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CP covers how many years?
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20 years
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9 step CP amendment method/timeline.
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PROPOSAL STAGE.
1. Agency or citizen intiative, LPA preps amndmt
2. Transmittal hearing.
3. 10 days transmit to DEO & any requesting agencies.
4. 5 days for DEO to notify LG if deficient.
ADOPTION STAGE
5. DCA, if reviews, has 30 days to issue ORC.
6. LG has 180 days to hold Adoption Hearing.
7. 10 days re-transmit to DEO (may issue sanctions if LG ignored its ORC).
8. 5 days for DEO to notify LG if deficient.
9. 31 days after DEO notified LG complete = effective.
#s ----------- How often required to review CP? How long to pass any required updates?
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Every 7 years.
1 year.
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How many acres in Sector Plan
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5,000
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What is acreage cut-off for small scale CP amendment?
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50 acres [100 acres rural]
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For 50+ acres, what is the required timing for PHs to amend CP?
7 ———- 5 ———- 10
———-
TOTAL of 2 ads for 2 PHs (1 ad each), 1 PH held after 5 p.m. (unless maj + 1)
———–
TRANSMITTAL HEARING
Weekday @ least 7 days after date of 1st ad.
ADOPTION HEARING
Weekday @ least 10 days after 1st hearing + 5 days after 2nd ad.
#s ----------- What notice is required for small scale CP amendment or zoning map change?
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LG mails notice to Owners @ least 30 days before hearing.
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What notice is required for non-land use ordinances?
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1 ad 10 days before hearing.
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Small Scale amendment method/timeline.
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- Agency or citizen initiative, LPA preps amndmt
- Submit to DEO, which does not review.
- Adoption hearing.
- LG does not re-transmit to DEO unless challenged.
- 31st day = effective.
- 30 days for affected person to file DOAH.
- 30-60 days, DOAH hearing.
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Limits of 163.01 Creation + Powers of New Entity (Amended 2021)
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Limits:
1. Consent of existing needed to serve in same area.
2. No ED over existing W or WW
3. If acquire by ED, 10 yrs must elapse before get title.
4. Any limits set forth in Interlocal.
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Newly Incorp Muni - CP deadlines (Amended 2021)
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1 year. Create local planning agency.
3 yrs. Adopt CP.
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DOT’s acq, lease, disposal of Real Prop + Pers Prop via 337.25 & LG’s rt of first refusal
(FS 337.25 Amended 2021)
#s ----------- LG does not have rt of first refusal.
DOT must give prior O rt of 1st refusal (b/4 giving to LG) via certified mail or hand deliver, effective upon receipt.
A. 30 days to exercise.
B. 90 days to close
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Limit on DOT rt of 1st refusal to prior O
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Not req’d for property acquired more than 10 yrs before date of disposal.
#s ----------- What does FLUEDRA (FS 70.51) provide?
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If O believes unfairly burdened, has 30 days to request.
LG has 10 days to give to special master.
#s ----------- How many days does FLUEDRA claimant have to assert?
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O has 30 days to request relief.
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How many days for LG to act on O’s FLUEDRA request?
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LG has 10 days to assign to special magistrate
LG must notify contiguous Os & any witnesses from PH.
#s ----------- How many days do FLUEDRA interested persons have to act?
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21 days to request to participate.
#s ----------- How many days does FLUEDRA special magistrate have to hold hearing?
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45 days for a hearing.
40 day advance notice given. WEIRD #
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How many days notice is required before FLUEDRA hearing?
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40 day advance notice given. WEIRD #
#s ----------- Bert Harris claim mechanics.
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- O presents claim w/ valid appraisal.
- 15 days - LG notifies Dept of Legal Affairs
- LG notifies contiguous Os.
- 90 days look period.
(A) LG must submit written sttlemt.
(B) Unless sttlemt accepted, LG must provide
written allowable uses. - O may file suit.
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LG housekeeping if Bert Harris settlement accepted.
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LG has 15 days to notify Dept. of Legal Affairs.
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S/L for Bert Harris claim
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O has 1 year from date law/regulation first applied to property.
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LG responsibility upon receipt of O’s FLUEDRA impact letter.
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45 days after O’s notice via cert mail RRR or EM to send limitations letter, i.e., written response of limitations imposed on property.
#s ----------- Where prosecute code enforcement cases? Limits of remedies?
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Prosecute in County Court.
Fines up to $500/day + imprisonment up to 60 days
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Code Enforcement - Fines
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A. Max $250/d for 1st violation, $500/d for repeat.
B. Include LG costs to repair for pub H, S, + W.
C. If CEB finds irrep, fine not to exceed $5k/violtn.
D. County w/ population over 50k may adopt by super majority vote of BOCC to increase the max amt of fines. But cannot exceed $1k/day for first time violators and up to $5k/day for repeat and $15k/violation if irreparable.
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Duration of Code Enforcement lien.
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Valid for 20 years.
#s ----------- What constitutional amendments govern takings?
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14th Amendment Is due process clause.
Incorporates the 5th amendt to apply to the States.
5th Amendment Says US govt must pay just compensation for takings.
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S/L to allege a taking.
#s ----------- Claim for regulatory taking caused by a plan adoption must be brought within the 4 year statute of limitation from the date property was determined to be unbuildable.
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S/L to challenge validity of Ordinance for failure to comply w/ statutory reqs.
FS 125.66 + 166.041.
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5 yrs.
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Timeline to review development permits
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166.033 Development permits and orders.—
DAYS ACTION
30 Rvw & advise if deficient
30 Appl corrects deficiency
120 Issue determination w/ findings
or
180 If reqs PH. Issue determination w/ findings.
#s ----------- Exaction timeline of O-LG interaction.
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180 days after prohibited exaction, O has to notify LG.
90 days after notice to LG, O may file suit.
#s ----------- How many days does FLUEDRA special magistrate have to render his recommendation?
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14 days.
#s ----------- How many days does LG have to respond to FLUEDRA special magistrate's recommendation?
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45 days.
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If O rejects LG’s response to FLUEDRA special magistrate’s recommendation, who has next move?
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LG has 30 days to write specific permissible uses of property.
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Can O request FLUEDRA with pending administrative appeal?
HOW DOES THIS TIE INTO REQUIREMENT THAT O REQUEST FLUEDRA W/I 30 DAYS?
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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.
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How many days can a FLUEDRA proceeding take?
#s ----------- 165 days (can extend by agreement).
#s ----------- What must LG do upon receipt of an O's Bert Harris 'impact letter'?
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Has 45 days to respond via cert mail RRR and EM (if avail) to describe the limitations imposed on the property by the law or regulation
#s ----------- If O utilized the 'impact letter' approach, when does O's 1 year begin to run?
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1 year from date O receives LG’s response to impact letter b/c that’s when regulation 1st applies.
#s ----------- FOR 50 ACRES + To Amend CP, i.e., (a) Actual uses in zoning category, or (b) Actual zoning map designation, what PHs & notice are required?
#s ----------- PHS: 1. 2 PHs on wkdays 2. 1 PH @ 5 pm unless vote by maj + 1 (Marion) NOTICES: 3. Mail to Os. OR 4. 18 pt font w/ maps. (a) No map if changes actual use. (b) If map, incl on any online posting. (c) Not in legal section of newspaper.
When know if you shd use the 2 PH notice process?
NOTICES ----------- Changes Actual PCP use w/i a zone or its Map. ----------- Ordinance changes actual: 1. Permitted, conditional, or prohibited uses within a zoning category, or 2. Zoning map 3. 50+ acres.
#s ----------- What 4 timelines in Land Use & E.D. do I get mixed up?
Bert Harris: O = 180 days to claim, LG = 90 days to resp. ---------- ED Business Dmgs: BO = 180 days to claim, LG = 120 days to resp. ----------- ED Offer of Jmt: 120 days aft Answer to 20 days before Trial. ----------- Dev. App: A) 30 + 30 = 60 B) (60 x 2) = 120 C) 120 + 60 = 180
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What 3 things have a deadline of 120 days?
Hint:
2 = E.D.
1 = Land Use (re: permits)
ED Business Dmgs:
O = 180 days to claim, LG = 120 days to resp.
———-
ED Offer of Jmt:
120 days aft Answer to 20 days before Trial.
———–
Dev. App. deadline to issue decision w/ findings.
A) 30 + 30 = 60
B) (60 x 2) = 120
C) 120 + 60 = 180
———–
30 days: Rvw & advise if deficient
30 days: Appl corrects deficiency
120 days: Issue decision w/ findings
or
180 days: Issued decision w/ findings IF REQS PH.
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What 3 unrelated things have a deadline of 180 days?
Hint:
1 = ED
2 + 3 = Land Use
ED Business Dmgs: *Bus cd run 300 days!*
BO = 180, LG = 120
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Bert Harris:
O = 180, LG = 90.
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Dev. App. , issue decision w/ findings w/ PH.
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A) 30 + 30 = 60
B) (60 x 2) = 120
C) 120 + 60 = 180
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30 days: Rvw & advise if deficient
30 days: Appl corrects deficiency
120 days: Issue decision w/ findings
or
180 days: Issued decision w/ findings IF REQS PH.s
How remember which 3 unrelated items have a deadline of 180 days?
‘B’ert is very ‘B’usiness oriented but Bert has Better lobbyists.
Bus cd run 300 days!
———–
Bert…………………..: O = 180, LG = 90
Bus Dmgs [ED]: BO = 180, LG = 120.
Permits: 180 issue dec w/ findings w/ PH.
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How remember which 2 items have a deadline of 120 days?
ED Business Dmgs:
presuit: BO = 180, LG = 120
———-
ED Offer of Jmt:
post suit: 120 days aft Answer to 20 days before Trial.
