Author: Elf
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Merry Litigation and Happy Attorneys’ Fees: Holiday Displays on Downtown Public Property
Local governments can put up holiday displays on their property, but they have to be careful about showing religious symbols. They can only display religious symbols like a crèche or menorah if they’re shown with other non-religious holiday items, like a Christmas tree. In some places, the government has to let people put up their…
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FLUEDRA: Flawed, but Fixable?
A landowner who is unhappy with a decision made by the local government about their property can use a law called FLUEDRA to try to work out the issue through mediation before going to court. FLUEDRA applies to any decisions about building, zoning, or other permits made by the government. It’s been around for over…
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Brock v. Board of County Com’rs of Collier County: A Case for Reconciliation
“A big law company is being sued by a client for not doing a good job. The client thinks the law company overcharged them and didn’t give good advice. The law company is denying the claims and saying they did everything right.” The Florida Constitution sets up a system to make sure public money in…
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Prompt Judicial Review of Administrative Decisions: Providing Due Process in Unsure Waters
Basically, any rules or procedures that control activities protected by the First Amendment must be very carefully thought out and fair, or they could be considered unconstitutional. The government has to make decisions about licenses quickly and fairly, and if they deny a license, there has to be a way for the decision to be…
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The Dissolution of the Town of Cedar Grove
The town of Cedar Grove in Bay County, Florida was dissolved in 2008 after a referendum passed. This was a big deal because it had never happened in Florida before. It was a complicated process to transfer all the town’s stuff to the county. The whole thing started with a grassroots campaign by local citizens,…
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Code Liens Are Not Superpriority Liens: Is it the End of the Debate?
The Florida Supreme Court recently ruled that a local ordinance in Palm Bay giving priority to code enforcement liens over earlier recorded mortgages is invalid. This means that code enforcement liens do not have priority over mortgages. The court found that the ordinance conflicts with state law. This ruling ends the uncertainty surrounding the case…
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Rodriguez v. Miami-Dade County:The Florida Supreme Court Clarifies Certiorari Review in Sovereign Immunity Cases
In the past, courts sometimes allowed immediate review of orders denying a government’s motion to dismiss a case based on sovereign immunity. But a recent ruling by the Florida Supreme Court has ended this practice. The court said that certiorari review should only be allowed in rare cases where there is a serious legal mistake…
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Me, Myself, and I: Does Florida’s Sunshine Law Apply to Communications of a Lone Member of a Board or Commission?
As a city council member in Florida, you have to be careful about how you conduct your work outside of public meetings. The Sunshine Law requires that all meetings where official acts are to be taken must be open to the public and provide reasonable notice. This means that any discussions or actions that could…
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The Bert J. Harris, Jr., Private Property Rights Protection Act: An Overview, Recent Developments, and What the Future May Hold
Florida has a law called the Bert J. Harris, Jr., Private Property Rights Protection Act that helps landowners when government actions affect their property. It has been amended to make it easier for landowners to file claims, but courts have been cautious in granting relief. There is still confusion about what is protected under the…
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Decision by Judge or Jury? Alternatives to Traditional Code Enforcement Boards
Florida cities and counties have the power to enforce their local codes through code enforcement boards. These boards are made up of community volunteers who have the authority to make final decisions on violations and fines. The only way to challenge their decisions is to appeal to the local circuit court. There are benefits to…
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Another Fine Mess: Are Non-ad Valorem Special Assessments for Local Government Nuisance Abatement Charges Legally Defensible?
Cities in Florida are dealing with a problem of neglected and abandoned properties that violate city codes and create health and safety issues. These properties have racked up huge fines, but the city has a hard time collecting the money. To solve this problem, some cities are considering adding the costs of cleaning up these…
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Up Allen’s Creek Without a Paddle: Can Cities Leverage Utility Service for Annexation?
The Florida Supreme Court decided that cities can make property owners in unincorporated areas join the city in order to get access to city utilities. This helps spread the costs of utilities to more people and prevents county residents from enjoying city benefits without paying city taxes. This is a controversial issue that continues to…
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Florida Public Records Law: The Battle Over Attorneys’ Fees
The public records law in Florida gives people the right to access government records. But there are a lot of rules and exceptions that make it complicated. Recently, there have been a lot of lawsuits about this, and it’s been hard for government agencies to follow the law. Some people have been taking advantage of…
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When Is a Public Official Entitled to Prevailing Party Attorneys’ Fee Reimbursement in Public Records Act Cases? Part I
When elected or appointed as a public official in Florida, there are many laws and rules to follow, including ethics and open government laws. If a public official is sued for not following these laws, there are some ways for the official to get their legal fees paid for by the government. In some cases,…
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When Is a Public Official Entitled to Prevailing Party Attorneys’ Fee Reimbursement in Public Records Act Cases? Part II
In part one, I talked about how a Florida public official might use the law to get money for hiring a private lawyer to defend against a Florida Public Records Act lawsuit. Now, in part two, I’m going to talk about another way they might be able to do that. If a public official is…
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Local Regulation of Medical Marijuana in Florida
Medical marijuana has been used for thousands of years and has many health benefits, like helping with seizures, easing pain, and reducing nausea from chemotherapy. It’s also safer than opioids. In the past, the government has heavily regulated marijuana, but there have been changes over time. Robert Randall was arrested for growing marijuana to treat…
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Bidder Beware: Construction Contracting By and With Local Governments in Florida
When a local government wants to build something, they have to follow specific rules for hiring a construction company. There are different types of contracts they can use, and they have to follow certain laws and regulations. One important thing to know is that the construction lien law doesn’t apply to government contracts, so contractors…
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Changes to the Florida Rules of Appellate Procedure
In 1997, the Florida Supreme Court made big changes to the Rules of Appellate Procedure. These changes combined all appellate rules into one set and made them effective on January 1, 1997. The purpose was to make one comprehensive set of rules for appeals. One important change is that the appellate rules now override any…
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Top 10 Appellate Mistakes (Or Why You Need an Appellate Specialist)
Here are 10 mistakes lawyers should avoid when handling appeals: 1) Making unauthorized motions that could affect the timeline for filing an appeal. This includes not understanding when the 30-day deadline for filing an appeal starts. 2) Not fully understanding the concept of “rendition” of an order, and how certain motions can delay the deadline…
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Appellate Relief From Interlocutory Bankruptcy Court Abstention and Remand Orders: A Reason for Change
When parties in bankruptcy court are unhappy with a decision made by the court to either abstain from a case or remand it to a state court, they may want to appeal the decision. However, the rules about when and how they can appeal these decisions are unclear and can be frustrating. This is especially…
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Liability for Negligently Disabling or Failing to Repair a Traffic Signal: Absolute Immunity in the
The court in Florida has made a decision that says if a traffic signal is broken and causes a car accident, the drivers involved are responsible for their injuries, even if they didn’t do anything wrong. This changes the usual rule that the person who causes the problem is responsible for it. The court also…
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Citation Form: Getting it Right
Every lawyer must know how to properly cite sources in their writing. Mistakes in citation can make it seem like the lawyer is not paying attention to detail or doesn’t know the correct form. However, errors in citation are common in legal writing and even in judicial opinions. This may be because the rules for…
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Appellate Specialization and the Art of Appellate Advocacy
Appellate practice is a specialized area of the law that deals with handling appeals, which are requests to higher courts to review decisions made by lower courts. It is considered a specialty because it requires unique skills and expertise, different from those needed for trial practice. In appellate practice, attorneys focus on legal issues and…
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The Two-Issue Rule and Itemized Verdicts: Walking the Tightrope
Harmless error is a mistake made during a trial that doesn’t really affect the outcome. It’s not a big deal for the side that won, but it can be frustrating for the side that lost. Appellate courts usually don’t do anything about harmless errors, unless they’re really sure that the error could have changed the…