S/L Flashcards
S/L to challenge validity of Ordinance for failure to comply w/ statutory procedural requirements.
5 yrs.
TIME ----------- State 3 routes for review a: a) Legis decision [based on CP] vs. b) Q-J decision [based on Code]
Legis. de novo dec, circuit, arb/cap v. fairly deb/pub purp. OR local process ----------- Q-J. writ of cert, pro/correct/subst. comp. OR FLUEDRA
Code Enforcement Liens - name 4 pertinent facts.
TIME
- Against all RP + PP of owner.
- Valid for 20 yrs.
- If prop condemned, lien = claim.
- Recording a lis pendens bars unrecorded liens unless the holder of such unrecorded interest or lien intervenes in such proceedings w/I 30 days of recording LP.
What must O believe to initiate FLUEDRA (FS 70.51) & what is the timeline?
TIME ----------- O believes unfairly burdened. 30 days for O to request. 10 days for LG to give to special master.
How many days can a FLUEDRA proceeding take?
165 days (can extend by agreement).
Does Bert Harris fit into the Legis/Q-J appeal structure?
No. Harris is when LG has initiated some action.
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Ex. Re-zoning is denied. O learns Code has changed since he’s owned it. He argues LG initiated action = Harris claim.
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Catch - O has 1 yr from ‘when first applied.’
State 4 limits of 163.01 Creation + Powers of New Entity (Amended 2021)
Hint: 163.01 = Interlocal Act for services + facilities
Limits:
1. Consent of existing pub utility 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.
Newly Incorp Muni - CP deadlines (Amended 2021)
1 year. Create local planning agency.
3 yrs. Adopt CP.
DOT’s acq, lease, disposal of Real Prop + Pers Prop via 337.25 & LG’s rt of first refusal
(FS 337.25 Amended 2021)
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
What happens if State + DOAH determine proposed CP Amendment is not compliant w/ 163. Can a citizen oppose?
TIME ----------- No. ----------- If Amendment unsuccessful before DOAH, citizen's avenue is to wait until he has an action of the LG to appeal for lack of compliance w/ CP = dec action under §163.3215.
O request denied. State the first 2 steps that are prerequisites for a Bert Harris lawsuit.
BERT HARRIS:: Way #1 - Request-denied. BEGIN
- 180 days denial rendition [exaction] O presents claim w/ valid appraisal.
- Gives LG 90 look.
Does 1 yr claim deadline start ticking from date of ruling on development order?
No. Starts from the date of rendition of the order.
State the next Harris prerequisite after:
(a) the parties don’t settle &
(b) LG has issued its statement of allowable uses.
O has 1 year from statement of allowable uses to file lawsuit.
Who sends notice in Way #2 - enactment & notice?
BERT HARRIS:: LG notices O.
O has 1 yr to file suit.
What if LG enacts but doesn’t send notice?
BERT HARRIS:: Way #3 - Enactment only.
(1) When O ascertains impact is clear & unequivocal, O notifies LG of this via certified mail & email (if avail).
(2) LG has 45 days via certified mail & email (if avail) to describe the limitations imposed by the enactment.
(3) O has 1 yr from receipt to file suit.
Is there a deadline for an ‘enact-only’ O to realize the impact & send its notice?
No, ‘any time after enactment.’
Who sends notice in Way #3 (enact-only)?
BERT HARRIS:: Way #3 - Enactment only. ----------- O notices LG. LG has 45 days to describe limitations. O has 1 yr from receipt to file suit.
In Way #3 (enact-only) must O formally apply for a development request or variance?
No. Simply sue 1 yr aft receipt of limitations description.
What is significance of the notice?
Impact is clear & unequivocal & restrictive of pre-enactment uses.
O now has 1 yr from receipt to pursue remedies, i.e. 1 yr to apply for development order or variance.
How soon can file suit?
E.D. ----------- 31 days from NOTICE delivered or undeliverable. ----------- Ʃ: Offer made at or after notice.
Timeline for LG to make offer of judgment.
Start 120 days after Answer. End 20 days b/4 trial.
No later than
120 days after Def answers
OR
20 days before trial.
What are the 2 last names, re: Title 7, that cannot get mixed up?
Ledbetter - S/L starts every paycheck.
Faragher - open door policy defense
What is timeline for payment bond claimant to submit its claim?
b/w 45 days aft start thru 90 days aft finish.
Why did laborers historically try to have a statutory bond deemed common law?
S/L.
Statutory bond = 1 yr.
Common law = 5 yrs. [FS 95.11 (2)(b)]
