Category: Florida BAR article

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…

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…

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…

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…

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…

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…

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…

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.…

The Florida Supreme Court is looking at the rules for how lower courts review decisions made by local governments. Right now, they can only check if the law was followed, not if the decision was right. The Supreme Court may change the rules to make local governments write down their reasons for decisions. This would…

The people of Hillsborough County voted to use public money to build a new sports stadium in Tampa. A former mayor filed a complaint saying it was unconstitutional to use public funds for this. The government then filed a complaint to validate the bonds for the stadium’s construction. Both complaints were heard in court, and…

The Florida Supreme Court recently made a new rule for determining if an excited utterance is testimonial in the case of State v. Lopez. This article reviews what an excited utterance is, the Supreme Court case Crawford v. Washington, and the new rule from the Florida Supreme Court. It argues that the new rule is…

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…

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…

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…