Timelines Flashcards
Timeline to issue decisions on permit.
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.Timeline for small scale amendment review.
No transmittal hearing. A) Adoption hearing. B) 31st day = adoption. Unless: C) 30 days Affected Party files w/ DOAH. Then: D) 30-60 days for hearing aft Admin. Judge assignmt. State cannot intervene.
Exaction timeline of O-LG interaction.
180 days after prohibited exaction = deadline for O to notify LG.
90 days look period for LG = O may file suit.
–
O has to wait 90 - 270 days to file!
How properly create & administer impact fees?
(a) Use most recent and localized data.
(b) Accounting & keep $ separate.
(c) Earmark $ for capital improvements for new users.
(d) Can’t $ to pay debt on unrelated projects.
(e) Admin charges = actual costs.
(f) Collect no earlier than issuance of building permit.
(g) 90 days notice of new or increased fee.
(h) (Like exaction) Connection b/w the
🔸Ex & his anticipated needs
🔸New developmt & his capital improvements
1. Reas connection b/w required impact fee & anticipated needs of the community due to the impacts of the new development
AND
2. Reas connection b/w impacts of new development & the capital improvements being funded by the impact fee.
LG housekeeping if settlement accepted.
LG has 15 days to notify Dept. of Legal Affairs.
CP’s Capital Improvement Element covers how many years?
Covers 5 years
CP covers how many years?
20 years
Amending CP - frequency + approval
- Amend CP as often as desired.
- LG review CP every 7 years to reflect changes in statutes. If changes needed, has 1 year to adopt new.
- F.S. prohibits approval or change of CP by referendum or initiative.
Exception: If LG charter provision was in effect on 6/1/11. - If have military base, send to commanding officer.
9 step CP amendment method/timeline.
PROPOSAL STAGE.
1. Agency or citizen intiative, LPA preps amndmt
2. Transmittal hearing.
3. 10 days transmit to SPA & any requesting agencies.
4. 5 days for SPA 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 SPA (may issue sanctions if LG ignored its ORC).
8. 5 days for SPA to notify LG if deficient.
9. 31 days after SPA notified LG complete = effective.
Small Scale amendment method/timeline.
- Agency or citizen initiative, LPA preps amndmt
- Submit to SPA which does not review.
- Adoption hearing.
- LG does not re-transmit to SPA unless challenged.
- 31st day = effective.
- 30 days for affected person to file DOAH.
- 30-60 days, DOAH hearing.
FLUM is a required part of ________ and identifies __________.
CP.
Uses for life of CP, often 20 years.
O development request denied. State the first 2 steps that are prerequisites for a Bert Harris lawsuit.
Way #1 - Request-denied. BEGIN
- 1 yr from denial rendition (1st applied) = O ascertains impact on prop.
- 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?
LG notices O.
O has 1 yr to apply for variance, if desired.
What if LG enacts but doesn’t send notice?
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)?
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 a second way a Bert Harris suit might initiate?
Way #2 - Enact-Notice BEGINNING
- LG enacts law or regulation.
- LG notifies title O (or registered agent)
In Eminent Domain, state the 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.
Timeline for Def to make offer of judgment.
Only for an amount that is under $100,000.
Start 120 days after Answer. End 20 days b/4 trial.
Weirdness about Eminent Domain timeline in accepting Offer of Jmt.
Can offer up to 20 days b/4 trial.
But Def has 30 days to accept.
So can’t hold Def to 30 day acceptance rule.
If made less than 30 days b/4 trial, Def can accept b/4 trial.
#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
s
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.
s
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
-----------
Bert Harris:
O = 180, LG = 90.
----------
Dev. App. , issue decision w/ findings w/ PH.
----
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.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.
s
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.
State the 8-part FLUEDRA timeline.
FLUEDRA DAYS: ----------- 10 give Spec Mag. 15 answer claim. 45 hrg w/ 40 day notice 14 aft hrg for recommendation 15 aft rec, notify Dept. Legal Affairs 30 aft rec, LG respond. -----if accept or reject, issue ltr -----if modify, has 30 days aft O response. 45 no resp = rejection. 165 full term.
What are the 2 oddball times?
Hint - both pertain to spec mag.
40 days notice of hrg.
14 days to give recomm.
What are the ‘divisible by 5’ times pertinent to FLUEDRA?
10 spec mag. 15 answer*** [not 30!] 45 no later for hrg. (40 day notice) --------- recomm (due 14 days) ----------- 15 notify Dept. Legal Aff 30 resp to recomm., issue ltr. 45 deemed rejection 165 full term.
S/L ----------- State S/L for: 1) Ks. 2) Torts 3) Exceptions - there are 4.
S/L ----------- 4 for Ks + torts (intentional or unintent) EXCEPT (a) 2 for wrongful death. (b) 2/3 for MESs: fMla, Epa, flSa
