S/L Flashcards
S/L to challenge validity of Ordinance for failure to comply w/ statutory procedural requirements.
5 yrs.
State 4 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.
- 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?
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.
———–
Ex. Re-zoning is denied. O learns Code has changed since he’s owned it. He argues LG initiated action = Harris claim.
———–
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?
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.
- 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?
(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.
