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.
