Author: Elf
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Skating on Thin Concrete: The Florida Legislature’s Response to Skateboarders and Skaters
Skateboarders and in-line skaters are causing problems for public officials. The Florida Legislature has made a law to encourage the government to provide places for skating, but it’s still a challenge for officials to figure out their liability. The government is worried about being sued if people get hurt while skateboarding, inline skating, or biking.…
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Regulating Public Access Programming Without Violating First Amendment Rights
Congress passed a law called 47 U.S.C. §531 to give local governments the power to require cable companies to set aside channels for public, educational, or government use. These channels are called PEG channels. The public access channel is part of the PEG and is where citizens can make their own TV shows. The government…
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Shade Meetings: Overview, Pitfalls, and Recommended Changes
The attorney-client exemption to the Sunshine Law allows government entities to meet in private with their attorneys to discuss legal matters. To do this, they must follow certain procedures. Courts have interpreted this exemption in different ways. The law should be changed to make it more helpful for government entities. In Florida, it’s the law…
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Advising the Client Regarding Protection of Property Rights: Harris Act and Inverse Condemnation Claims
This article talks about the challenges that real estate practitioners face when advising clients on protecting their property rights. It covers two aspects of property rights: compensation for a government taking property, and rights under Florida’s Harris Act. These are complex issues and the law is still evolving, so itâs important to consult with a…
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The High Cost of Arrestee Medical Treatment: The Effects of F.S. §901.35 on Local Government Coffers
Florida’s local governments are struggling with the rising cost of medical insurance. There is a state law that says the person who gets hurt during an arrest is responsible for paying their own medical expenses. But in reality, the hospitals first try to get the money from the person’s insurance, then from the person, and…
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Eenie, Meenie, Miney, Mo . . . Who’s To Regulate This Tow?
Local governments are like the designated “It” in a game of tag, trying to figure out if they can make their own rules for towing companies. Some court cases have given them some authority, but it’s still a bit confusing. We’ll look at what rules local governments can make for towing services. Towing services in…
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Senate Bill 360: Growth Management Reform Arrives and It Is All About Infrastructure
The legislature passed a bill (S.B. 360) that gives some extra money for infrastructure, but it’s not enough to cover all the needs. The bill was being changed and negotiated up until the last minute, so no one really knows what’s in it. It’s likely that there will be another bill in 2006 to fix…
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Striking Affirmative Defenses in Government Litigation
In government cases, affirmative defenses are reasons why the government shouldn’t be able to take action against someone. For example, if a government employee gives wrong information to a person’s lawyer, that might not be enough to help the person in a legal case. It can be hard to use certain affirmative defenses in government…
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Laws from on High: Religious Displays on Public Property
The Ten Commandments monument was removed from a building in Alabama, causing a big argument. People are split on whether it’s okay to have religious stuff in public places. Roy Moore, the chief judge of the Alabama Supreme Court, put the monument there and now people don’t agree on whether he did the right thing…
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Redefining Quasi-judicial: The Diminishing Role of Quasi-judicial Determinations in Local Government Personnel Actions
A corrections officer in Miami-Dade County was disciplined for having a relationship with a former inmate. She appealed her punishment through the county’s process, but then filed a lawsuit in a different court. The appeals court said she couldn’t do that because she already used the county’s process. They said she had to appeal within…
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Implementing School Concurrency: The Challenges of Adopting a United Vision
If a developer wants to build houses, they have to show that there will be enough space in the schools for the kids who will live in those houses. This rule only applies to houses, not to stores or businesses. That’s because stores and businesses don’t directly bring kids to the schools. The law requires…
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Economic Redevelopment of Small-city Downtowns: Options and Considerations for the Practitioner
Downtowns in small cities have faced economic problems since the 1950s, with businesses moving to the suburbs or closing down due to the popularity of shopping centers and discount superstores. However, in the past 20 years, there has been a revival in small-city downtowns, with more people and businesses choosing to live and work there.…
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Economic Redevelopment of Small-city Downtowns: Options and Considerations for the Practitioner Part 2
The Main Street Approach focuses on four things to help downtown areas: organization, promotion and marketing, design, and economic restructuring. All these things work together to make downtown better. For organization, everyone in the downtown area needs to work together to make a plan for the future. This includes the chamber of commerce, merchants, and…
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A Primer on Counties and Municipalities Part 1
Florida’s counties are important political divisions that are created by the state legislature. There are 67 counties in Florida, and they can be either charter counties, which have their own local government rules, or noncharter counties. Charter counties must have their charter approved by the voters in a special election. This means that the people…
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Senate Bill 360 Refined: The Impact of the 2007 Legislative Session on Local Government Growth Management, Part I
In 2007, three new laws were passed in Florida that affect how cities and towns can plan and use their land. These laws make changes to things like big developments, traffic, affordable housing, and school needs. One important change is that the deadlines for large projects were extended by three years because of the slow…
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Senate Bill 360 Refined: The Impact of the 2007 Legislative Session on Local Government Growth Management, Part II
Just tell me the important stuff in simple terms. Don’t worry about the extra details or the names of the law firm and lawyer. The government has created new ways for local governments to use tax increment financing. One way is to help fix transportation problems in certain areas. The other way is to help…
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Restoring the Attorney-Client and Work Product Privileges for Government Entities
Government entities in Florida lost the ability to keep private conversations with their lawyers a secret about twenty years ago. Also, about twenty-five years ago, government entities in Florida and government lawyers lost almost all claims of keeping their work a secret under public records law. Some new laws have tried to bring these privileges…
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The Effectiveness of Home Rule: A Preemption and Conflict Analysis
Before 1968, local governments in Florida only had the powers specifically given to them by the state. In 1968, the Florida Constitution was changed to give cities and charter counties more power to make their own rules. Then in 1973, the Municipal Home Rules Power Act (MHRPA) was passed, which gave even more power to…
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Public-private Contracting in Florida Survives
In 2001, ContractPoint Florida Parks, LLC wanted to build cabins in Florida state parks, but ended up in a legal battle with the Florida Department of Environmental Protection. They nearly lost their ability to make contracts with the government. Florida often works with private companies for services, but without a law to protect them, private…
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Honest Services Fraud: Federal Prosecution of Public Corruption at the State and Local Levels
Honest services fraud is when a public official or government worker is accused of not doing their job honestly. This can include things like not disclosing conflicts of interest. The government has used this law to prosecute many different types of government workers. The basic idea is that the public deserves honest and faithful service…
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Florida Is Keeping Pace: House Bill 7179
House Bill 7179 is a new law in Florida that allows local governments to help property owners pay for energy-efficient and hurricane-resistant improvements. This means that if you want to make your home or business more energy-efficient or install things like solar panels or hurricane shutters, the government can give you the money upfront to…
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The Government in Your Facebook: An Examination of Social Networking Sites and Florida’s Public Records Law
State and local governments in Florida are trying to decide if they should use social media like Facebook and Twitter to reach people. Some think it’s a good way to connect with people who use these sites, but others are worried about breaking the law by sharing public records on social media. Those who decide…
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When Can a Lawyer Communicate With Your Client?
A law firm was representing clients dealing with a state agency. The lawyer from the firm contacted employees of the agency to get information for potential legal cases. But the agency said all communication must go through their lawyer. This led to the adoption of Ethics Opinion 09-1, which says lawyers can’t talk directly to…
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Home Rule Redux: The Community Planning Act of 2011
The Florida Legislature made a lot of changes to how local governments can make plans for growth in 2011. They wanted to give more power to local governments and make it easier for them to make their own decisions about how their area should grow. They also got rid of a state agency that used…