Category: Florida BAR article
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1997 Update on the Bert Harris Private Property Protection Act
The Bert J. Harris, Jr. Private Property Rights Protection Act allows property owners to sue the government if they feel that the government’s actions have unfairly restricted the use of their property. Before suing, the property owner must submit a written claim and get an appraisal of the property’s value. Within six months, the government…
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Water Quality Credit Trading A Practitioner’s Perspective
A legal case involving a company and an employee went to court. The company wanted the case dismissed, but the court said it could continue. In 1999, the Florida Legislature passed a law to improve the quality of the state’s water. The law gave the Florida Department of Environmental Protection (DEP) the power to develop…
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All Appropriate Inquiries in Commercial Real Estate Due Diligence: What Inquiring Minds Need to Know
The U.S. Environmental Protection Agency (EPA) made a rule in 2006 called âAll Appropriate Inquiriesâ (AAI), which sets rules for checking for environmental issues when buying or selling commercial property. This rule is important to protect buyers and sellers from being responsible for cleaning up hazardous substances on a property. It’s important to follow these…
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Environmental Stewardship of Florida Shooting Ranges
In Florida, there are over 400 shooting ranges that attract about one million enthusiasts every year. Recently, there has been more focus on regulating these ranges due to high-profile cases. This has led to the involvement of organizations like the NRA and NSSF, as well as public and private gun clubs. New laws and environmental…
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Addressing Environmental Permit Issues Prior to Closing
Florida has five regional water management districts and the Department of Environmental Protection that oversee the state’s water resources. They issue permits for activities involving wetlands or surface waters. Most properties in Florida have or need a permit. The system includes things like lakes, culverts, and canals, and some require active maintenance. A permit is…
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And Now School Concurrency
In recent years, Florida has had crowded schools because of a growing population. A new law in 2005 made it so that all communities must have a plan in place for new neighborhoods to make sure there are enough schools for the kids living there. This new plan controls when new neighborhoods can be built…
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Global Warming: An Introduction to the State of the Science and a Survey of Some Legal Responses
In 1979, a member of the President’s Counsel on Environmental Quality was asked to raise awareness about global climate change. Despite early warnings, the United States has taken a “wait and see” approach. Now, there is scientific evidence to support action. The debate now centers on whether human activity has contributed to the increase in…
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Florida Supreme Court Takes Property Owners to the Cleaners: The Impact of Aramark v. Easton
The Florida Supreme Court made a decision in the case of Aramark Uniform & Career Apparel, Inc. v. Easton, which could have big effects on property owners in Florida. The court said that a landowner can be held responsible for pollution on their property, even if they didn’t cause it. The decision also limits the…
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Conquering the Maze of Certiorari Review of Local Government Quasi-judicial Land Use Decisions
If you’re filing a petition for a writ of certiorari, you need to do it within 30 days of the order you want to challenge. Your petition should include why you should get relief, what relief you’re asking for, and your arguments with the right references. It also needs to have the right caption and…
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Most Unlikely to Succeed: Substantive Due Process Claims Against Local Governments Applying Land Use Restrictions
The Fifth and 14th Amendments in the Constitution say that the government can’t take away a person’s life, freedom, or stuff without following the legal process. The 14th Amendment applies to the states, so it’s important for local government rules about land use. If a person thinks their property rights were taken in the wrong…
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A Discussion: NIMBY-ism (Not in My Back Yard)Part One:* NIMBYism: A Mandate for Citizen Participation?
Florida’s growth management program is struggling to keep up with the state’s rapid population growth. Citizen participation is important in finding solutions to this problem. A grassroots group called Florida Hometown Democracy wants to let voters decide on proposed changes to city and county plans. This has sparked a lot of debate. The 1985 Florida…
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A Discussion: NIMBYism Part Two* Florida’s Hometown Democracy Amendment
The Florida Division of Elections approved a petition form for the Hometown Democracy Amendment, which would require a public vote before any new land use plan is adopted or amended by a local government. Critics say it reflects a “not in my backyard” perspective, but it actually concerns jurisdiction-wide planning, not individual backyards. This amendment…
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Protecting Florida’s Rare Plants from Extinction
This article talks about why it’s important to protect rare plant species in Florida. It explains that protecting plants is important because they provide us with oxygen, food, and shelter, and they have value of their own. The article also discusses the laws in Florida that are supposed to protect rare plants, but it says…
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What’s a Local Government Got to Do to Get Reviewed Around Here? Review of Local Administrative Actions by Common Law Certiorari after Pleasures II v. City of Sarasota
In the case of Pleasures II v. City of Sarasota, the court decided that cities can’t give circuit courts the power to review administrative decisions, and that certiorari can only be used for certain types of administrative decisions. The article will discuss how local governments can set up procedures that can be reviewed using certiorari,…
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Proliferating Mold Litigation: Why Mold Is Not the Next Asbestos
The rise in mold litigation has led to large monetary awards in Texas and California due to property damage and health effects. The main factors driving this trend are the science behind mold and its effects on health, media coverage, and insurance company practices. Some believe that mold litigation could become the next big legal…
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More Flexible Cleanup in Florida: RCRA Corrective Action Reforms
The Resource Conservation and Recovery Act (RCRA) has been reformed to focus on achieving cleanup goals efficiently and cost-effectively. These reforms aim to speed up the cleanup process while still protecting human health and the environment. Florida’s Department of Environmental Protection (DEP) also follows a policy of “more protection, less process.” These reforms will lead…
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State and Federal Preemption in the Mobile Home Arena: What Can Local Governments Truly Regulate?
Some city and county rules treat mobile homes differently from conventional houses and other types of manufactured buildings. These rules might limit where mobile homes can be placed, have special requirements just for mobile homes, or restrict older mobile homes. It’s important to understand the difference between conventional houses (built on-site) and manufactured housing (built…
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Water, Water Everywhere?, Part II
A big law firm is being sued for not giving its employees enough breaks and for not paying overtime. If the lawsuit is successful, the employees might get a lot of money. Florida has laws about managing land and water, but they don’t connect the two. Unlike California, Florida doesn’t require developers to prove they…
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Water, Water Everywhere? Part I
Florida’s water resources are in trouble because of increased demand and a lack of planning. The current plan to fix this, the Comprehensive Everglades Restoration Plan, isn’t enough. There are problems and obstacles to fixing this, and laws and regulations are in place but may not be enough. There are proposals to address these issues,…
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Intervene Means Intervene: The Florida Legislature Revises Citizen Standing Under F.S. §403.412(5)
In 2002, a controversial bill was passed that changed the rules for citizens challenging environmental permits in Florida. Before the bill, citizens and environmental groups had an easier time challenging permits, but now it’s harder for them to do so. The bill was part of the regular legislative session and was called HB 813. It…
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2002 Reforms to Growth Management
In 2002, Florida passed new laws for local planning, with input from Governor Jeb Bush and the Department of Community Affairs. The changes were made with input from many groups and focused on things like school planning, water supply, and land use. One important change was that local governments and school boards must now work…
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Risk-Based Corrective Action in Florida: How Is it Working?
In 2003, the Florida Legislature passed a law called Global RBCA, which expanded the use of risk-based corrective action to all contaminated sites with legal responsibility for clean-up. This allows for customized clean-up plans based on site-specific data and aims to protect human health and the environment. The law continues to evolve, and there may…
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Now It’s Easier Being Green: Florida’s New Benefit and Social Purpose Corporations
Starting from July 1, 2014, Florida allowed for-profit companies to focus on public interest goals instead of just making profits. This means they can use some of their resources for activities that benefit society. There are two new types of for-profit companies – benefit corporations and social purpose corporations. These companies are different from traditional…
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Standing to Appeal an Administrative Order: Cautions from Martin County Conservation Alliance v. Martin County
Administrative and civil litigators understand the importance of creating a strong evidentiary record to present the best case possible in court. Recent court cases have highlighted the importance of establishing standing to appeal an adverse decision after challenging an agency administrative decision, permit, or order. In Florida, the standing requirements for challenging permits and land…