S/L

Question 1

S/L to challenge validity of Ordinance for failure to comply w/ statutory procedural requirements.

Answer 1

5 yrs.

Question 2

TIME
-----------
State 3 routes for review a:
a)  Legis decision,
vs.
b) Q-J decision based on Code 
vs.
c)  Q-J decision based on CP.

Answer 2

Legis.
de novo dec, circuit, arb/cap v. fairly deb/pub purp.
———–
Q-J.
A) Code - writ of cert, pro/correct/subst. comp.
B) CP -
#1) 30 days de novo dec, arb/cap v. fdeb/pub purp.
#2) Local Process

Question 3

Code Enforcement Liens - name 4 pertinent facts.

Answer 3

TIME

1. Against all RP + PP of owner.
2. Valid for 20 yrs.
3. If prop condemned, lien = claim.
4. 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.

Question 4

What must O believe to initiate FLUEDRA (FS 70.51) & what is the timeline?

Answer 4

TIME
-----------
O believes unfairly burdened.
30 days for O to request.
10 days for LG to give to special master.

Question 5

How many days can a FLUEDRA proceeding take?

Answer 5

165 days (can extend by agreement).

Question 6

Does Bert Harris fit into the Legis/Q-J appeal structure?

Answer 6

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.’

Question 7

State 4 limits of 163.01 Creation + Powers of New Entity (Amended 2021)

Hint: 163.01 = Interlocal Act for services + facilities

Answer 7

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.

Question 8

Newly Incorp Muni - CP deadlines (Amended 2021)

Answer 8

1 year. Create local planning agency.
3 yrs. Adopt CP.

Question 9

DOT’s acq, lease, disposal of Real Prop + Pers Prop via 337.25 & LG’s rt of first refusal
(FS 337.25 Amended 2021)

Answer 9

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

Question 10

What happens if State + DOAH determine proposed CP Amendment is not compliant w/ 163. Can a citizen oppose?

Answer 10

TIME
-----------
No.
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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.

Question 11

O request denied. State the first 2 steps that are prerequisites for a Bert Harris lawsuit.

Answer 11

BERT HARRIS:: Way #1 - Request-denied. BEGIN

1. 180 days denial rendition [exaction] O presents claim w/ valid appraisal.
2. Gives LG 90 look.

Question 12

Does 1 yr claim deadline start ticking from date of ruling on development order?

Answer 12

No. Starts from the date of rendition of the order.

Question 13

State the next Harris prerequisite after:
(a) the parties don’t settle &
(b) LG has issued its statement of allowable uses.

Answer 13

O has 1 year from statement of allowable uses to file lawsuit.

Question 14

Who sends notice in Way #2 - enactment & notice?

Answer 14

BERT HARRIS:: LG notices O.

O has 1 yr to file suit.

Question 15

What if LG enacts but doesn’t send notice?

Answer 15

BERT HARRIS:: 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.

Question 16

Is there a deadline for an ‘enact-only’ O to realize the impact & send its notice?

Answer 16

No, ‘any time after enactment.’

Question 17

Who sends notice in Way #3 (enact-only)?

Answer 17

BERT HARRIS::  Way #3 - Enactment only.
-----------
O notices LG.
LG has 45 days to describe limitations.
O has 1 yr from receipt to file suit.

Question 18

In Way #3 (enact-only) must O formally apply for a development request or variance?

Answer 18

No. Simply sue 1 yr aft receipt of limitations description.

Question 19

What is significance of the notice?

Answer 19

Impact is clear & unequivocal & restrictive of pre-enactment uses.
O now has 1 yr from receipt to pursue remedies, i.e. 1 yr to apply for development order or variance.

Question 20

How soon can file suit?

Answer 20

E.D.
-----------
30 days from NOTICE delivered or undeliverable.
-----------
Ʃ:  Offer made at or after notice.

Question 21

Timeline for LG to make offer of judgment.

Answer 21

Start 120 days after Answer. End 20 days b/4 trial.

No later than
120 days after Def answers
OR
20 days before trial.

Question 22

What are the 2 last names, re: Title 7, that cannot get mixed up?

Answer 22

Ledbetter - S/L starts every paycheck.
Faragher - open door policy defense

Question 23

What is timeline for payment bond claimant to submit its claim?

Answer 23

b/w 45 days aft start thru 90 days aft finish.

Question 24

Why did laborers historically try to have a statutory bond deemed common law?

Answer 24

S/L.
Statutory bond = 1 yr.
Common law = 5 yrs. [FS 95.11 (2)(b)]

Question 25

s

S/L to allege a taking.

Answer 25

#s
-----------
4 yrs.
-----------
Claim for regulatory taking caused by a plan adoption must be brought within the 4 year statute of limitation from the date property was determined to be unbuildable.

Question 26

S/L
-----------
State S/L for:
1)   Ks.
2)  Torts.
3)  Exceptions - there are 5.

Answer 26

S/L
-----------
4 for Ks + torts (intentional or unintent)
EXCEPT
(a)  2 for wrongful death.
(b)  2/3 for MESs:  fMla, Epa, flSa
(c)  5 for improper Ordinance.