FLUEDRA Flashcards

1
Q

For what kind of O?

What does the O include & where excluded elsewhere?

What must LG provide upon FLUEDRA request?

A
FLUEDRA
-----------
O believes unfairly burdened.
---
Includes Govt, excluded from BH
---
O has 30 days to request + LG has 10 days to give to special master.
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2
Q

What O can use FLUEDRA?

A

An O who believes dev order unfairly burdens use of his property. INCLUDES GOVT (who is barred from Harris).

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3
Q

How many days does O have to assert?

A

O has 30 days to request relief.

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4
Q

How many days for LG to act on O’s request for a FLUEDRA hearing?

A

LG has 10 days to assign to special magistrate
LG must notify contiguous Os & any witnesses from PH.

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5
Q

How many days do interested persons have to request to participate?

A

21 days to request to participate.

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6
Q

How many days does special magistrate have to hold hearing?

A

45 days for a hearing.
40 day advance notice given. WEIRD #

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7
Q

How many days notice is required before FLUEDRA hearing?

A

40 day advance notice given. WEIRD #

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8
Q

How many days does special magistrate have to render his recommendation?

A

14 days.

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9
Q
FLUEDRA
-----------
How many days does LG have to respond to:
O's claim w/ spec mag?
Spec mag's recommendation?
A
FLUEDRA
-----------
15 days
45 days [if accept/mod has 30 days to write up]
-----------
fluedra in a box:
30 [ask]  10 [give]  15 [tell + answ]
---
45 [not]  45 [hrg]    14 [dec]  15 [tell]
---
45 [resp]  30 [writeup]
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10
Q

What options does LG have in responding to special magistrate’s recommendation?

A
FLUEDRA
-----------
Accept.
Accept in part.
Reject.
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11
Q

After LG accepts/partial/rejects special magistrate’s recommendation, who has next move?

A

O must notify wh/ it agrees w/ LG’s response to special magistrate’s recommendation.

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12
Q

If O rejects LG’s response to special magistrate’s recommendation, who has next move?

A

LG has 45 days to state its response.
If reject, has 30 days to write specific permissible uses of property.

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13
Q

Who is a “participant”?

A

FLUEDRA

1) Property owner contiguous to O or
2) Any substantially affected person who spoke up (sworn or unsworn) at PH.

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14
Q

Must O exhaust all administrative appeals?

A

Exhaust all nonjudicial local LG administrative appeals if the appeals take no longer than 4 months.

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15
Q

Can O request FLUEDRA with pending administrative appeal?
HOW DOES THIS TIE INTO REQUIREMENT THAT O REQUEST FLUEDRA W/I 30 DAYS?

A

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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16
Q

What is FLUEDRA special magistrate’s role?

A

To facilitate or mediate resolution.

17
Q

When can special magistrate suggest alternatives to LG?

A

FLUEDRA

1) If found LG’s action unreasonable or unfairly burdens
2) With O’s permission.

18
Q

How many days can a FLUEDRA proceeding take?

A

165 days (can extend by agreement).

19
Q

Are FLUEDRA documents public records?

A

YES - special magistrate’s recommendation.
NO - participants statements/actions.

20
Q

Why are participants’ statements/actions before special magistrate NOT public records?

A

Statute deems them evidence of an offer to compromise or settle.
YET - Statute also says PH MUST BE PUBLIC & informal.

21
Q

Can O try FLUEDRA after O initiated lawsuit?

A

No. Once file in court, waive FLUEDRA.

22
Q

Is FLUEDRA an administrative appeal that has to be exhausted prior to filing suit?

A

No.

23
Q

Can a government be an O under FLUEDRA?

A

Yes.
Contrast w/ Harris = no.

24
Q

What is included in an ‘enforcement action’ under FLUEDRA?

A

Quite broad. Includes Code Enforcement.
Does not include CP.

25
Q

State the difference in mechanics of FLUEDRA vs. Local Process.

A

FLUEDRA:
(1) O believes a Dev Order unfairly burdens
(2) Mandatory to provide.
(3) O has 30 days from rendition to demand.
(4) LG has 10 days to provide Spec. Mag.
LOCAL PROCESS:
(1) O = ‘aggrieved & affected’ by prelim dec based on CP
(2) Optional (pass an ordinance).
(3) LG has 10 days from app to BOTH:
(Post Notice on Site) + (Publish or Mail)

26
Q

State the different claimants.

A

FLUEDRA:
O believes Dev Ord is unreas or unfairly burdens.
LOCAL:
Aggrieved or affected by Dev Ord based on CP.

27
Q

State LG’s obligation to provide each.

A

FLUEDRA:
Mandatory if requested.
LOCAL:
Optional to have, pass an Ordinance.

28
Q

FLUEDRA vs. LOCAL
State the 3 steps for each.

A

FLUEDRA:
(1) O has 30 days from rendition to demand.
(2) LG has 10 days to give demand to Spec. Mag. Has 15 days to answer O’s claim.
(3) LG notifies contiguous Os & PH witnesses.
LOCAL:
(1) w/i 10 days of Dev Ord application LG must:
(a) Post notice on site + Publish or mail to affected Os that they have rt to Q-J hearing.
(b) Make a preliminary decision.
(2) Hold Q-J b/4 spec master who makes recommendations to LG
(3) Hold 2nd Q-J.

29
Q

State the method of appeal.

A
FLUEDRA vs. LOCAL
-----------
FLUEDRA:
Writ of cert!, circuit, 30 days.
LOCAL:
Writ of cert!, circuit, 30 days.
30
Q

Is FLUEDRA public or private?

A
Hearing = public & informal.
-----------
Mag's recommendation = public.
-----------
Like any mediation:
Participant's statements + actions = private b/c compromising a claim.
31
Q

Can FLUEDRA address CP?

A
FLUEDRA
-----------
Cannot address a CP amendment.
BUT
Can recommend an amendment to CP.
32
Q

State 4 key points.

A

1) O has QJ decision.
2) Any dev ord or enforcement action,
3) Spec Mag tries to settle.
4) If can’t settle, writ.
- ——–
1) O has no decision = application.
2) Prelim dec.
3) SM holds QJ + recomms.
4) QJ before bd, writ.

33
Q
FLUEDRA vs. LOCAL
----------
Which one is:
-- Based on Code or CP?
-- QJ or Legis?
A

FLUEDRA = fluid, easy, simple = code + qj

1) Code - Any dev ord
2) Q-J
- ———-

LOCAL = only locals know the CP = drama, CP + QJ

1) CP + LG can throw in LDR if desired.
2) QJ. You’d think Legis but turns QJ

34
Q

# of decisions.

A
FLUEDRA vs. LOCAL
----------
FLUEDRA  - 2!
#1 -  Bd CP dec.
#2 - SM QJ recomm.  Bd issues uses.  Nothing further.
----------
Local - 3
#1 -  LG Prelim.
#2 - SM QJ recomm.
#3 - Bd QJ.
35
Q

What are methods of appeal for FLUEDRA vs. Local?

A
FLUEDRA = QJ
O files writ on Bd's issuance of uses.
-----------
LOCAL regards CP but becomes QJ so Writ.
~confirmed 163.3213(4).  
If do not use local = de novo dec.  
If use local= writ.
36
Q

What’s is weightier, FLUEDRA or Local?

A
Local!  SPECIAL TREATMENT:
1)   Re:  CP
2)  Gets Prelim decision.
3)  Gets 3 decisions (prelim, SM, Bd)
4)  Avoids Legis hrg
5) P gets 2 hearings (SM + Bd).
6)  QJ from the beginning to end.
-----------
FLUEDRA is really just mediation to appeal a QJ dev order.  Greedy, gets initial QJ, SM QJ, Bd accept or issues uses.