FLUEDRA

Question 1

For what kind of O?
—
What does the O include & where excluded elsewhere?
—
What must LG provide upon FLUEDRA request?

Answer 1

O believes unfairly burdened.
—
Includes Govt, excluded from BH
—
O has 30 days to request + LG has 10 days to give to special master.

Question 2

What O can use FLUEDRA?

Answer 2

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

Question 3

How many days does O have to assert?

Answer 3

O has 30 days to request relief.

Question 4

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

Answer 4

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

Question 5

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

Answer 5

21 days to request to participate.

Question 6

How many days does special magistrate have to hold hearing?

Answer 6

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

Question 7

How many days notice is required before FLUEDRA hearing?

Answer 7

40 day advance notice given. WEIRD #

Question 8

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

Answer 8

14 days.

Question 9

How many days does LG have to respond to:
O’s claim w/ spec mag?
Spec mag’s recommendation?

Answer 9

15 days
45 days [if accept/mod has 30 days to write up]
———–
fluedra in a box:

45 [not] 45 [hrg] 14 [dec] 15 [tell]
—
45 [resp] 30 [writeup]

Question 10

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

Answer 10

Accept.
Accept in part.
Reject.

Question 11

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

Answer 11

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

Question 12

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

Answer 12

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

Question 13

Who is a “participant”?

Answer 13

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

Question 14

Must O exhaust all administrative appeals?

Answer 14

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

Question 15

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

Answer 15

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.

Question 16

What is FLUEDRA special magistrate’s role?

Answer 16

To facilitate or mediate resolution.

Question 17

When can special magistrate suggest alternatives to LG?

Answer 17

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

Question 18

How many days can a FLUEDRA proceeding take?

Answer 18

165 days (can extend by agreement).

Question 19

Are FLUEDRA documents public records?

Answer 19

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

Question 20

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

Answer 20

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

Question 21

Can O try FLUEDRA after O initiated lawsuit?

Answer 21

No. Once file in court, waive FLUEDRA.

Question 22

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

Answer 22

No.

Question 23

Can a government be an O under FLUEDRA?

Answer 23

Yes.
Contrast w/ Harris = no.

Question 24

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

Answer 24

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

Question 25

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

Answer 25

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)

Question 26

State the different claimants.

Answer 26

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

Question 27

State LG’s obligation to provide each.

Answer 27

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

Question 28

State the 3 steps for each.

Answer 28

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.

Question 29

State the method of appeal.

Answer 29

FLUEDRA:
Writ of cert!, circuit, 30 days.
LOCAL:
Writ of cert!, circuit, 30 days.

Question 30

Is FLUEDRA public or private?

Answer 30

Mag’s recommendation = public.
———–
Like any mediation:
Participant’s statements + actions = private b/c compromising a claim.

Question 31

Can FLUEDRA address CP?

Answer 31

Cannot address a CP amendment.
BUT
Can recommend an amendment to CP.

Question 32

State 4 key points.

Answer 32

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.

Question 33

Which one is:
– Based on Code or CP?
– QJ or Legis?

Answer 33

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

Question 34

# of decisions.

Answer 34

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.

Question 35

What are methods of appeal for FLUEDRA vs. Local?

Answer 35

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.

Question 36

What’s is weightier, FLUEDRA or Local?

Answer 36

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.