Defendant Motion to Dismiss Challenge to Citation For Illegal Sale of Fireworks —
Ordinance Found Unconstitutional As Applied, ERISI-428.
Circuit Court Challenge to Facial Validity of Adult Entertainment Ordinance Rejected, ERISI-429.
Circuit Court Challenge to Revocation of Adult Entertainment License Rejected —
Affirmed & Reversed In Part/Remanded, ERISI-430.
County Demand For Jury Trial In Constitutional Challenge to Its Ordinance Denied, ERISI-431.
Bond Issue Secured By Ad Valorem Taxes —
Referendum Found Not Required, ERISI-432.
Two (2) Public Readings of Ordinance Found Not to Be Required, ERISI-433.
Circuit Court Grants Third Party Challenge to Voluntary Annexation & Special Use Permit For Limerock Mine & Cement Plant, ERISI-434.
Circuit Court Order Quashing Voluntary Annexation of Property to Be Used As a Cement Plant & Quarry Affirmed, ERISI-435.
Circuit Court Affirmance of Code Enforcement Bd. Lien Reversed On Procedural Due Process Grounds, ERISI-436.
Circuit Court Affirms Zoning Appeals Denial of a Variance, ERISI-437.
Circuit Court Denial of Injunction to Prohibit Removal of Heritage Trees For Affordable Housing Units — Appeal Dismissed As Moot, ERISI-438.
Circuit Court Dismissed Suit Challenging Constitutionality of the Community Redevelopment Act of 1969 — Affirmed, ERISI-439.
Circuit Court Dismissed Suit Seeking to Enforce Development Rights Obtained In Earlier Settlement — Reversed & Remanded, ERISI-440.
Circuit Court Temporary Injunction That Mandated Approval of a Subdivision Plat & Site Plan Application Affirmed & Reversed In Part, ERISI-441.
DEP Denial of Writ of Prohibition to Disqualify Secretary Reversed, ERISI-442.
Airport Ban On Stage 2 Aircraft Weighing Less Than 75,000 Lbs. —
Permanent Injunction Against Denied Despite Federal Administrative Decision Invalidating This FAA Rule, ERISI-443.
Animal Control (See Ordinance)
Annexation (See Also COMMUNITY AFFAIRS, Dept. of, Comprehensive Plan; COUNTY GOVERNMENT) —
171.081 Motion For Attorney’s Fees & Costs Denied, ERISI-444.
City Challenge On the Basis of An Allegedly Exclusive Right to Provide Water & Wastewater Services —
Circuit Court Quashal of Annexation Reversed On Basis of a Lack of Standing, ERISI-445.
Contraction — City Denial of Without a Feasibility Study Reversed, ERISI-446.
Generally Involves a Legislative Function, ERISI-447.
Annexation — Involuntary —
Petitioner Challenging Failure to Conduct Referendum Must Be Registered to Vote At the Annexed Property, ERISI-448.
Requirement For Referendum, ERISI-449.
Annexation — Voluntary —
Circuit Court Affirms, ERISI-450.
Circuit Court Finding That a Property Was Contiguous Reversed, ERISI-451.
Circuit Court Invalidates As An Enclave & Noncontiguous, ERISI-452.
Circuit Court Invalidates As An Enclave, ERISI-453.
Circuit Court Invalidates As Creating An Impermissible Product of Unincorporated Property, ERISI-454.
Circuit Court Invalidates In Part Finding An Enclave and Lack of Compactness, ERISI-455.
Circuit Court Upholds Adequacy of Notice to County, ERISI-456.
Contiguous Defined & Discussed, ERISI-457.
Found to Render Developer’s Agreement With County Ineffective, ERISI-458.
Need Not Comply With Any Comprehensive Plan, ERISI-459.
Standing — Potential Loss of Revenue May Be Sufficient For, ERISI-460.
Standing of One City to Challenge Another City’s Annexation Found Lacking, ERISI-461.
Statute Governing Must Be Strictly Adhered to, ERISI-462.
Subject to County Laws & Regulations Until the City Amends Its Comprehensive Plan to Include the Newly Annexed Property, ERISI-463.
Beaches —
Authority to Regulate Conduct on the Dry Sand Areas Examined, ERISI-464.
Bicycle Paths —
Available Funding Sources Examined, ERISI-465.
Board Action —
City Review Is Limited to the Record Below and Is Not De Novo, ERISI-466.
Boating Regulations —
Concurrent State & Federal Regulatory Jurisdiction Granted, ERISI-467.
Bond Issue Secured By Ad Valorem Taxes (See COUNTY GOVERNMENT)
Bond Validation —
Redevelopment Agency — Circuit Court Invalidation of Bonds Reversed, ERISI-468.
Building Moratorium —
Not to Be Considered When An Application For a State Permit Is Reviewed, ERISI-469.
Charter Amendment —
Ballot Summary Must Be Given Fair Notice, ERISI-470.
Building Height Restriction, ERISI-471.
City Refusal to Submit to Voters Reversed, ERISI-472.
Constitutional Challenge Made In Good Faith May Be Considered In Advance of An Election, ERISI-473.
Consistency With the Local Comprehensive Plan, ERISI-474.
Courts Do Not Consider the Wisdom of An Enactment, ERISI-475.
Referendum (See Also Referendum)
Referendum — Available Constitution Interpretation Is Obligatory, ERISI-476.
Referendum — Building Density & Height Restrictions — Does Not Constitute a Land Development Regulation, ERISI-477.
Charter Is the Paramount Law As With a Constitution, ERISI-478.
Circuit Court Jurisdiction to Review City Executive Decisions Cannot Be Conferred By the City, ERISI-479.
Coastal Construction Control Line (See Also PERMITS) —
161 Does Not Preempt Concurrent Local Regulation of Activities Seaward of, ERISI-480.
Code Enforcement Board (See Also COUNTY GOVERNMENT) —
Authority to Reduce a Fine After It Has Been Imposed, ERISI-481.
Circuit Court Review Is Not De Novo, ERISI-482.
Co-Owner of Property (Husband) Need Not Also Be Cited, ERISI-483.
Citizen Volunteers Can Be Designated As Code Enforcement Officers, ERISI-484.
Defense of Selective Enforcement — Proof of Examined, ERISI-485.
Dog Deemed Dangerous —
767.13 Criminal Prosecution Is Not a Prerequisite to Confiscation & Destruction, ERISI-486.
Election of 162 Procedures Requires Compliance With 162 Statutory Mandates, ERISI-487.
Filing Fees When Local Government Enforces Its Ordinances —
Circuit Court Denial of Constitutional Challenge to 2004 Statute Reversed, ERISI-488.
Fine — Repeat Violation Defined & Discussed, ERISI-489.
Fire Safety Code — Automatic Adoption of National Fire Protection Assoc. Rules Upheld, ERISI-490.
Fire Safety Code — Found Not to Constitute Land Development Regulations, ERISI-491.
Hearings —
All Testimony Must Be Under Oath & Recorded, ERISI-492.
Inspector Failure to Submit a Non-Compliance Affidavit Prior to a Fine’s Accrual, ERISI-493.
Lien On Real Property For Daily Fines —
Constitutional Prohibition On Forced Sale of Homestead Property Found to Render Unenforceable, ERISI-494.
Homestead Declaration Can Stop Enforcement If Filed At Any Time Before Sale Date, ERISI-495.
Homestead Property Found Immune From Equitable Liens Also, ERISI-496.
Homestead Property Immunity From Examined, ERISI-497.
Lien On Homestead Property Removed, ERISI-498.
Mitigation Is Property Considered By a Circuit Court, ERISI-499.
Notice of Violation —
City Had Knowledge That Mailed Notice Would Not Be Timely Received, ERISI-500.
Nuisance (See Also COUNTY GOVERNMENT) —
Abatement Bd. — Adequate Opportunity to Abate Is Required — Notice & Reasonable Amount of Time Found Lacking, ERISI-501.
Abatement of the Nuisance Must Be Adequately Explained & a Compliance Date Must Be Specified, ERISI-502.
Appellate Review Is Not De Novo But Rather By Certiorari, ERISI-503.
Failure to Allow Opportunity to Voluntarily Abate the Nuisance Found to Be Reversible Error, ERISI-504.
Opportunity to Abate Must Be Accorded, ERISI-505.
Structure Can Be Razed After Expiration of Circuit Court Stay, ERISI-506.
Sufficient Time to Abate Must Be Afforded, ERISI-507.
Proceeding Found Violative of Due Process Rights of Homeowner, ERISI-508.
Quasi-Judicial Tribunal, ERISI-509.
Special Masters Found Not Properly Appointed By Ordinance — Miami, ERISI-510.
State of Fla. Dept. of Transportation (DOT) Regulations Need Not Be Considered, ERISI-511.
Violation —
Correction of After Deadline But Before Hearing — Board Can Still Proceed, ERISI-512.
Notice & Reasonable Time to Correct Are Mandatory, ERISI-513.
Development Order (See Also COUNTY GOVERNMENT) —
Date of Rendition For Purposes of Appeal Discussed, ERISI-514.
Deed Restrictions — Contractual Nature & Violations of Examined, ERISI-515.
Fact Findings — Specific Fact Findings Are Not Required, ERISI-516.
Local Law That Has the Same Force & Effect of a Statute, ERISI-517.
Revisions to a Project Found Not to Be Substantial, ERISI-518.
Site Plan Approval Found to Constitute, ERISI-519.
Site Plans —
Detailed Synopsis of Physical Characteristics of a Development Project, ERISI-520.
Purposes of Site Plan Review Examined, ERISI-521.
Zoning Code Provisions Are Simply Minimal Threshold Requirements — Local Government Has Discretion to Require More, ERISI-522.
Specific Fact Findings — Are Not Required — Ruling Need Merely Be Supported By “Some” Competent Substantial Evidence, ERISI-523.
Development of Regional Impact (DRI) —
380 Limit Standing to Challenge Orders Regarding to Owner, Developer or State Planning Agency, ERISI-524.
Golf Course —
Golf Carts May Legally Be Required, ERISI-525.
Absolute Ban On Conversion to Other Uses Rejected, ERISI-526.
Historic Preservation District —
Prohibition On Pressure Cleaning of Roof, ERISI-527.
Unsafe Structures Bd. Order For Immediate Demolition of An Historic Structure Vacated, ERISI-528.
Legislative Determinations —
Appellate Review — Presumption of Correctness, ERISI-529.
Local Comprehensive Plan (See Also ADMINISTRATION Comm.; COMMUNITY AFFAIRS, Dept. of; COUNTY GOVERNMENT) —
Amendment —
Failure to Timely Publish Notice of — Not Grounds For Default, ERISI-530.
Must Precede Rezoning, ERISI-531.
Challenge to Development Order As Inconsistent With (See Also ADMINISTRATIVE HEARINGS, Div. of, COUNTY GOVERNMENT) —
Consistency Determinations Pursuant to 163.3215, ERISI-532.
Failure to Participate In Local Hearing Below Found to Vitiate Standing, ERISI-533.
Concurrency Requirement — Transportation —
Developer Fair Share Assessment Contracts Examined — Mayor Veto Upheld, ERISI-534.
Development Agreement & Development Order Distinguished & Discussed, ERISI-535.
Future Land Use Map —
Does Not Vest Present Right to a Particular Land Use, ERISI-536.
Purpose of Examined, ERISI-537.
Municipal Powers (See Also STATUTES, Preemption) —
Cannot Conflict With Fla. Constitution, Statutes or County Charter, ERISI-538.
Limited to Those Conferred By Fla. Constitution, Statute or County Government, ERISI-539.
Ordinance —
Aesthetic Zoning Ordinances Are Generally Within Local Governmental Police Power, ERISI-540.
Alcoholic Beverage Establishments —
Broad Power to Regulate Found Exceeded, ERISI-541.
Distance Requirements, ERISI-542.
Animal Control —
Ordinances Concerning Enjoy a Long-Standing History of Constitutionality, ERISI-543.
Police Powers In This Are Broad, ERISI-544.
Cannot Conflict With State Law — Preemption By State Statute Examined, ERISI-545.
City Failure to Abide By Its Own Ordinance Violates Essential Requirements of Law, ERISI-546.
City Is Bound By Its Own Ordinance, ERISI-547.
City Is Bound By Its Own Procedural Requirements, ERISI-548.
Construction (See Also STATUTES) —
Administrative Interpretation Entitled to Deference Whether or Not Expressly Approved By the City Commission, ERISI-549.
Agency Construction Entitled to Deference, ERISI-550.
City Construction Entitled to Great Weight, ERISI-551.
Constitutional Challenge to — County Demand For Jury Trial Denied, ERISI-552.
Presumption of Rationality, ERISI-553.
Ridiculous Result Necessarily Erroneous, ERISI-554.
Rules of Statutory Construction Apply, ERISI-555.
Grandfather Status Found Applicable, ERISI-556.
Height Limitation, ERISI-557.
Legislative In Nature, ERISI-558.
No Camping Ordinance — Constitutionality Upheld, ERISI-559.
Notice Requirement Found Violated, ERISI-560.
Penal Provision Cannot Vest Undue Discretion In Those Who Enforce It, ERISI-561.
Penal Provision Found to Be Vague, ERISI-562.
Preemption By State Statutory Regulations Discussed, ERISI-563.
Presumed to Be Valid, ERISI-564.
Presumption of Constitutionality, ERISI-565.
Residency Restriction Imposed On Sexual Predators In Excess of State Statutory Restriction —
Constitutionality of Upheld Against a Variety of Challenges, ERISI-566.
Found Not to Constitute a “Penalty,” 08:070-J, ERISI-567.
Individualized Hearing Regarding Dangerousness Not Required, ERISI-568.
Resolution Distinguished From, ERISI-569.
Vagueness — Constitutional Challenge (See CONSTITUTION (Fla.), Statutes)
Permit (See Also PERMITS) —
Operating — Landfill — Refusal to Renew, ERISI-570.
Temporary Moratorium Does Not Require An Emergency — Upheld, ERISI-571.
Third Parties Have No Right to An Unobstructed View Through An Adjoining Property, ERISI-572.
Power & Existence Is Derived From the Legislature, ERISI-573.
Quasi-Judicial Action —
Distinguished From Quasi-Legislative Action, ERISI-574.
Four (4) Part Test For, ERISI-575.
Legal Authority For Action Taken Must Be Properly Cited, ERISI-576.
Redevelopment Agency —
Blight — Statutory Definition of Examined, ERISI-577.
Blight — Undeveloped Land Can Be Blighted, ERISI-578.
Legislative Determination of Blight Entitled to Judicial Deference, ERISI-579.
Referendum (See Also Charter Amendments; COUNTY GOVERNMENT) —
Constitutional Challenges Should Be Decided Prior to the Election, ERISI-580.
Courts Should Not Interfere With the Exercise of This Right Except In Very Narrow Circumstances, ERISI-581.
Statutes Prohibit Referendum Requirement For the Development of Property, ERISI-582.
Tree Protection Ordinance — Conflict & Harmonization With Previous Ordinance, ERISI-583.
Stare Decisis Is Applicable to Local Administrative Decisions, ERISI-584.
Stormwater Utility Fees —
Cannot Be Collected From a State Agency Without a Written Contract, ERISI-585.
Taxing Authority —
Not a Function of Home Rule Authority — Express Statutory Authority Is Required, ERISI-586.
Taxpayer Suit —
Special Injury Need Not Be Shown, ERISI-587.
Circuit Court Reversal of County Finding That a Concurrency Reservation Certificate For a Housing Development Had Expired Reversed, ERISI-588.
Circuit Court Affirms City Approval of Flexible Development Application, ERISI-589.
Code Enforcement Bd. Assailed Decoration of Exterior of An Egyptian Restaurant With Hieroglyphics As An Illegal Second Sign —
Circuit Court Reverses & Remands, ERISI-590.
Code Enforcement Bd. Citation of Automotive Business For Parking Cars On An Unpaved Area Quashed, ERISI-591.
Code Enforcement Bd. Issues Affidavit of Compliance —
Appeal Dismissed As Moot, ERISI-592.
Circuit Court Summary Judgment Invalidated Two (2) Charter Referendum Amendments Concerning Density & Height Restrictions — Reversed, ERISI-593.
Circuit Court Affirms City Annexation Over County Challenge, ERISI-594.
Circuit Court Affirms Voluntary Annexation Over County Objection, ERISI-595.
Circuit Court Corrected Opinion: Brevard County v. City of Cocoa, ERISI-596.
Circuit Court Enters Summary Final Judgment In Favor of City In Breach of Contract Suit Regarding Provision of Water & Sewer Facilities — Reversed & Remanded, ERISI-597.
City Challenge to Deerfield Beach Development Order Regarding Power Plant As Inconsistent With County Comprehensive Plan —
Circuit Court Affirmance of Challenged Order Affirmed, ERISI-598.
Circuit Court Affirms County Approval of Site Development Plan For High Rise Condo, ERISI-599.
Circuit Court Denial of a Portion of Attorney’s Fees Requested In An Eminent Domain Proceeding Affirmed, ERISI-600.
Circuit Court Dismissal of Third Party Challenge to Building Permit For a 15 Unit Condominium Affirmed, ERISI-601.
Circuit Court Affirms Denial of Permit For Single Family Residence & Kayak Rental Center —
Requirement For Special Exception Reversed, ERISI-602.
Administration Comm. (See ADMINISTRATION Comm.)
Amended Final Order: Community Affairs v. Haines City, et al., ERISI-603.
Apalachicola —
Ordinance Establishing a Planning Pause On Permitting of New Construction of Hotels, Motels, Multi-Family Units, Condominiums & Townhouses, ERISI-604.
Ordinance Establishing New Definitions & Regulations Governing Transient Accommodations, Hotels, Motels and Bed & Breakfast Accommodations, ERISI-605.
Binding Letter —
A Third Party Challenge Is Not Contemplated, ERISI-606.
Corrected Binding Letter — Marina Redevelopment — Dade County, ERISI-607.
DRI (See Also COUNTY GOVERNMENT, Development of Regional Impact; LAND & WATER ADJUDICATORY Comm.) —
Amendatory Order: Univ. of Miami Medical School, ERISI-608.
Modification — Substantial Deviation — Challenge to County Determination, ERISI-609.
Interpretation of Vested Rights Status —
Affordable Housing — Impact On, ERISI-610.
Aggregation Rule — Test For Unified Plan of Development, ERISI-611.
Aggregation Rule Found to Be Inapplicable, ERISI-612.
Demolition & Reconstruction of a Structure Within the Same Footprint, ERISI-613.
Letter of Correction Issued, ERISI-614.
Potable Water & Sewer — Significant Impacts Not Found, ERISI-615.
Regionally Significant Resources, ERISI-616.
Regionally Significant Resources — Archaeological & Historical, ERISI-617.
Regionally Significant Resources — Endangered & Threatened Species, ERISI-618.
Regionally Significant Resources — Vegetation & Wildlife, ERISI-619.
Regionally Significant Resources — Wetlands, ERISI-620.
Substantial Changes Found, ERISI-621.
Transportation — Regionally Significant Roadways Identified, ERISI-622.
Modification to DRI With Vested Rights —
Affordable Housing — Impact On, ERISI-623.
Aggregation Rule — Test For Unified Plan of Development, ERISI-624.
Aggregation Rule Discussed & Found Applicable, ERISI-625.
Multi-Use Development, ERISI-626.
Regionally Significant Resources — Archaeological Sites, ERISI-627.
Regionally Significant Resources — Endangered & Threatened Species, ERISI-628.
Sanitary Sewer Treatment Facility, ERISI-629.
Solid Waste Facilities, ERISI-630.
Substantial Change Not Found, ERISI-631.
Substantial Changes Found, ERISI-632.
Substantial Changes Not Found, ERISI-633.
Transportation — Regionally Significant Roadways Identified, ERISI-634.
Building Codes & Standards —
Comm. Found to Have Authority to Regulate Liquid Petroleum Gas, ERISI-635.
Generally Applies to Construction In Fla. & Is Enforced By Local Building Departments, ERISI-636.
Overlapping Agency Jurisdiction Does Not Create a Conflict Per Se, ERISI-637.
Building Comm. —
Circuit Court Grants Writ of Prohibition to Prevent Hearing On a Building a Town Ordered Demolished, ERISI-638.
Statutory Amendment Granting Authority to Hear Appeals From Decisions of Local Governments, ERISI-639.
College Campus Plans —
Data Utilized Shall Be the Best Available Existing Data, ERISI-640.
Must Be Consistent With the State Comprehensive Plan, ERISI-641.
Must Not Conflict With the Comprehensive Plans of Host or Affected Local Governments, ERISI-642.
University of Central Florida —
Third Party Challenge Dismissed As Untimely/Amendments Found to Be In Compliance, ERISI-643.
Third Party Motion For Stay Pending Appellate Review Denied, ERISI-644.
Community Development Block Grant —
Challenge to Scoring of Application, ERISI-645.
Comprehensive Plan (See Also ADMINISTRATIVE, Comm.; CITY GOVERNMENT, Local Comprehensive Plan; COUNTY GOVERNMENT, Local Comprehensive Plan) —
163 —
Agricultural Activities Exempt From, ERISI-646.
163 — Purpose of To Insure Consistency of Local Plans & Development Orders With State Plan, ERISI-647.
163 To Be Liberally Construed, ERISI-648.
Agricultural Activities (See Also COUNTY GOVERNMENT) —
Expressly Excluded From the Definition of Development By 163.3164(6), ERISI-649.
Intensity Standards Are Inapplicable to, ERISI-650.
Amendment —
Challenge to Does Not Open the Overall Plan to Challenge Also, ERISI-651.
Challenge to Must Be Timely, ERISI-652.
Land Development Regulations Must Be Consistent With the Comprehensive Plan, ERISI-653.
Limited Scope of Dept. Comm. Aff. Review, ERISI-654.
Quantum of Evidence Required Varies, ERISI-655.
Small Scale Plan Amendment — Dept. Does Not Conduct a “Compliance Review” — No Prohibition On Ex Parte Communication, ERISI-656.
Small Scale Plan Amendment — Dept. Finding That It Was In Compliance Reversed, ERISI-657.
Small Scale Plan Amendment — Designated Sustainable Community — Streamlined Process, ERISI-658.
Small Scale Plan Amendment — Lower Level of Scrutiny Generally Accorded, ERISI-659.
Small Scale Plan Amendment — Parameters of Examined, ERISI-660.
Small Scale Plan Amendment — Piecemeal & Wholesale Plan Amendment Is Not Contemplated, ERISI-661.
Small Scale Plan Amendment — Preponderance of the Evidence Standard, ERISI-662.
Small Scale Plan Amendment — Presumed to Be In Compliance, ERISI-663.
Small Scale Plan Amendment, ERISI-664.
Annexation (See Also CITY GOVERNMENT; COUNTY GOVERNMENT) —
Comprehensive Planning Is Not a Prerequisite to Annexation, ERISI-665.
Interlocal Agreements Need Not Be Promulgated As Comprehensive Plan Amendments, ERISI-666.
Interlocal Agreements Regarding Joint Planning Areas Discussed, ERISI-667.
Area of Critical State Concern (See Also Green Swamp; Monroe County) —
Affordable Housing Is Greatly Underserved In the Fla. Keys, ERISI-668.
Dept. Review of Local Land Development Regulations Examined, ERISI-669.
Dept. Review of Small Scale Plan Amendments, ERISI-670.
Attorney’s Fees & Costs —
163.3184(12) — DOAH ALJ Has Exclusive Jurisdiction to Award, ERISI-671.
Denied, ERISI-672.
Compliance Agreement Does Not Constitute Final Agency Action, ERISI-673.
Concurrency —
Examined, ERISI-674.
Consistency (See Also Inconsistencies) —
Amendments to Plans, ERISI-675.
Compliance Order Found Not the Exclusive Means of Achieving, ERISI-676.
Defined & Discussed, ERISI-677.
With 1990 Stipulated Settlement Agreement — Not Required, ERISI-678.
With Previously Issued Order of the Administration Comm. — Not Required, ERISI-679.
DRI Development Order Not Subject to In Compliance Review, ERISI-680.
Deadlines — Statutory — Compliance With Is Not a Compliance Criterion, ERISI-681.
Dept. Is Not a Party to DOAH Proceeding Thus 120.66 Ban On Ex Parte Communication Does Not Apply, ERISI-682.
Designation of Entire City As An Urban Infill Site Found Dubious, ERISI-683.
Development —
Agreement & Development Order Distinguished & Discussed, ERISI-684.
Agriculture Exempted From Definition of, ERISI-685.
Essential Elements of Examined, ERISI-686.
Evaluation & Appraisal Report —
Failure to File, ERISI-687.
Legislative History Regarding Examined, ERISI-688.
Financial Feasibility Examined & Found to Relate to Concurrency, ERISI-689.
Future Land Use Element —
Discussed, ERISI-690.
Future Land Use Map —
Amendment Found to Conflict With Fundamental Policy, ERISI-691.
Character of the Land Can “Outweigh the Oversupply,” 03:076, ERISI-692.
Considered In a Jurisdiction-Specific Context, ERISI-693.
Defined & Discussed, ERISI-694.
Fixed Allocation Ratio Is Not Utilized, ERISI-695.
Fundamental Policy Decisions Are Embodied Therein, ERISI-696.
General Analysis Only Is Required, ERISI-697.
Mixed Use Land Use Category Defined & Discussed, ERISI-698.
Must Be Internally Consistent, ERISI-699.
Need Not Be Consistent With Environmental Permitting Standards & Criteria of the Water Management Dist., ERISI-700.
Need Not Be Subject to & Dependent Upon a Concurrency Analysis, ERISI-701.
Numerical Land Use Over-Allocation Is Not Dispositive, ERISI-702.
Purpose of Examined, ERISI-703.
Zoning Ordinance Implements, ERISI-704.
In Compliance —
De Novo Review At Formal Hearing, ERISI-705.
Defined, ERISI-706.
Different Standards May Govern Different Types of Development, ERISI-707.
Hurricane Frequency & Intensity Is Immaterial, ERISI-708.
In Compliance Defined & Discussed, ERISI-709.
Maximum Impacts Considered – Not Speculation of Lesser Impact, ERISI-710.
Not In Compliance Determination Must Be Submitted to Administration Comm., ERISI-711.
Presumption of Correctness, ERISI-712.
Procedural Shortcomings Not Dispositive Unless Prejudicial, ERISI-713.
Public Participation Procedure — Adherence to Not Considered, ERISI-714.
Internal Inconsistencies (See Also Consistency) —
Amendments — Standards Governing, ERISI-715.
Consistency With Land Development Regulations Not Required, ERISI-716.
Defined & Discussed, ERISI-717.
Not Found, ERISI-718.
Standards For Determining Examined, ERISI-719.
Intervenors (See Also PRACTICE & PROCEDURE, Intervenors) —
Affected Person — Defined, ERISI-720.
Affected Person — Regional Planning Council Found Not to Constitute, ERISI-721.
Associational Standing Discussed, ERISI-722.
Burden of Proof — Not Even Fairly Debatable Standard — Applies to Both the Local Government’s & Dept. Determinations, ERISI-723.
Burden of Proof — Not Even Fairly Debatable Standard — Common Law Genesis, ERISI-724.
Burden of Proof — Not Even Fairly Debatable Standard, ERISI-725.
Burden of Proof — Not Even Fairly Debatable Standard Is a Heavy One, ERISI-726.
Matters Not Properly Raised In Petition Cannot Be Reached At Hearing, ERISI-727.
Mediation — Dept. Has No Burden of Proof Regarding, ERISI-728.
Mediation — Preference or Absence of Press Immaterial, ERISI-729.
Opportunity to Raise New Issues Expires 21 Days After Notice of Intent, ERISI-730.
Petition Dismissed As Deficient, ERISI-731.
Public Participation Requirement — Effect of Violation, ERISI-732.
Public Participation Requirement — Examined & Found to Be Procedural, ERISI-733.
Public Participation Requirement — Extent or Quality of Participation Not Reviewed, ERISI-734.
Public Participation Requirement, ERISI-735.
Standing — Affected Persons — Defined & Discussed, ERISI-736.
Standing — Adjoining Local Governments Discussed, ERISI-737.
Standing — Adversely Affected Party Defined & Discussed, ERISI-738.
Standing — Affected Person — Failure to Timely Submit Public Comments, ERISI-739.
Standing — Affected Person — Four (4) Part Test For, ERISI-740.
Standing — Association — Questionable, ERISI-741.
Standing — Association — Residency Requirements, ERISI-742.
Standing — Association — Substantial Local Nexus Requirement, ERISI-743.
Standing — Association, ERISI-744.
Standing — Broader Under 163 Than 120 Generally, ERISI-745.
Standing — Citizens — Found Lacking, ERISI-746.
Standing — County Government, ERISI-747.
Standing — Dept. Settlement Agreement Is Not Agency Action — It Merely Realigns the Parties, ERISI-748.
Standing — Erroneous Post-Hearing Denial of Found Harmless Due to Participation At Hearing, ERISI-749.
Standing — Generalized Concerns About Traffic, Hurricane Evacuation & Pollution Insufficient, ERISI-750.
Standing — Governmental Utility Provider, ERISI-751.
Standing — Interest Must Exceed the General Interest In Community, ERISI-752.
Standing — Need Not Be Established If One of the Multiple Similarly-Situated Parties Establish, ERISI-753.
Standing — Sierra Club, ERISI-754.
Standing — Substantially Affected Person Defined & Discussed, ERISI-755.
Standing — Three (3) Prong Test For, ERISI-756.
Standing — Time Limit For Challenge Begins to Run As of the Date the Ordinance Passes, ERISI-757.
Time Limit For Filing Petition Begins to Run When the Amendment Takes Effect, ERISI-758.
Untimely Petition Denied, ERISI-759.
Jurisdiction —
Dept. Jurisdiction Is Abated As Long As DOAH Has Jurisdiction, ERISI-760.
Land Development Regulations — Consistency With Is Not a Compliance Criterion, ERISI-761.
Land Development Regulations Challenged As Inconsistent With Local Comprehensive Plan (See Also ADMINISTRATIVE HEARINGS, Div. of; CITY GOVERNMENT; COUNTY GOVERNMENT) —
163.3213(1) Challenges Examined, ERISI-762.
163.3215 Challenges Are to Be Pursued In Circuit Court – Not Through the Dept. of Comm. Aff., ERISI-763.
All Land Development Regulations Must Be Consistent With the Comprehensive Plan, ERISI-764.
Area of Critical State Concern — Dept. of Community Affairs Has a Burden of Proof, ERISI-765.
Bay County —
Definition of the Term Dwelling Or Dwelling Unit, ERISI-766.
Intervenor Challenge to Density Standard Rejected, ERISI-767.
Ordinance Defining “Dwelling Unit” Found Consistent With the Comprehensive Plan, ERISI-768.
DOAH Refusal to Allow Amendment of Petition Reversed, ERISI-769.
Dept. Cannot Presume Development Orders Will Not Be Enforced, ERISI-770.
Fernandina Beach —
Wetland Protection Regulations Upheld As Consistent, ERISI-771.
Intervenors (See Also PRACTICE & PROCEDURE) —
163.3215 Liberalized Common Law Requirements, ERISI-772.
Merely Doing Business In Jurisdiction Alone Found Insufficient, ERISI-773.
Standing (See Also PRACTICE & PROCEDURE, Intervenors)
Standing — Affected Person Defined & Discussed, ERISI-774.
Standing — Association, ERISI-775.
Standing — Property Owners Under 163.3213(1) Examined, ERISI-776.
Standing — Requirements Examined, ERISI-777.
Standing — Requisite Showing of “Special Damages” Examined, ERISI-778.
Standing — Substantially Affected Person Defined & Discussed, ERISI-779.
Standing — Two (2) Prong Test, ERISI-780.
Islamorada — Location of and Separation Between Sexually Oriented Businesses, ERISI-781.
Land Development Regulations Must Be Consistent With the Comprehensive Plan, ERISI-782.
Leon County — Bradfordville Stormwater Management Plan, ERISI-783.
Monroe County Tier Maps For Land Acquisition & Simplification of ROGO & NROGO Point Systems, ERISI-784.
Must Be Challenged In Accordance With 163.3215, ERISI-785.
Nassau County — Wetland Buffer Requirements, ERISI-786.
No Presumption That Local Governments Will Not Comply With Essential Requirements of Law, ERISI-787.
Walton County —
Ordinance Allowing Consideration of Applications For Borrow Pits As a Special Exception Upheld As Inconsistent, ERISI-788.
Legislatively Sets a Zoning Norm For Each Zone, ERISI-789.
Local Governmental Authority to Change the Designation of Parcels Not Previously Noticed —
Land Development Regulations Do Not Restrict Comprehensive Plan Amendments, ERISI-790.
Regional Planning Council Plans — Conformity of Local Plans With, ERISI-791.
Regional Planning Council Policy Plans Discussed, ERISI-792.
Requisite Data, Studies, Etc, In Support of —
Adequacy of, ERISI-793.
Analysis Utilized – Vis. Data – Need Not Be In Existence At Time of Adoption of Plan Amendment, ERISI-794.
Any Professionally-Accepted Methodology May Be Utilized, ERISI-795.
Best Available Data At Time Plan Is Developed Is to Be Utilized, ERISI-796.
Data Not Available At Time of Adoption Hearing Cannot Be Considered, ERISI-797.
Groundtruthing of Data Is Not Required, ERISI-798.
Must Be Available At Time of Plan Adoption, ERISI-799.
Need Not Be Actually Submitted to the Dept., ERISI-800.
Need Not Be Available At Time of Plan Adoption, ERISI-801.
Newly Submitted Data Can Be Considered, ERISI-802.
Not Limited to What Is Actually Identified or Relied Upon, ERISI-803.
Not Subject to Compliance Review, ERISI-804.
Original Data Need Not Be Collected, ERISI-805.
Requisite Data, Studies, Etc, In Support of, ERISI-806.
School Concurrency Need Not Be Considered, ERISI-807.
State Comprehensive Plan — Conformity of Local Plan With, ERISI-808.
Utility Services — Extension of — Does Not Constitute “Development” As Defined In 380.04, ERISI-809.
Utility Services — Sludge Removal Facilities Need Not Be Analyzed, ERISI-810.
Comprehensive Plan — Local Plans Challenged —
Alachua County —
Intervenor Challenge to Amendment, ERISI-811.
Intervenor Challenge to Compliance Agreement Dismissed, ERISI-812.
Bay County —
Intervenor Challenge to Amendment, ERISI-813.
Intervenor Challenge to Small Scale Plan Amendment, ERISI-814.
Beverly Beach —
Intervenor Challenge to Amendment, ERISI-815.
Bradenton — Intervenor Challenge to Amendments, ERISI-816.
Broward County —
Intervenor Challenge to Amendment, ERISI-817.
Intervenor Challenge to Small Scale Plan Amendment, 04:074.
Cocoa Beach, City of —
Intervenor Challenge to Amendment, ERISI-818.
Collier County —
Intervenor Challenge to Amendments Rejected, ERISI-819.
Intervenor Challenge to Amendment, ERISI-820.
Dade County —
Intervenor Challenge to Amendment, ERISI-821.
Escambia County —
Intervenor Challenge to Amendment, ERISI-822.
Homestead —
Intervenor Challenge to Amendment, ERISI-823.
Islamorada —
Intervenor Challenge to Amendment, ERISI-824.
Jupiter, Town of —
Intervenor Challenge to Amendment, ERISI-825.
Marineland —
Intervenor Challenge to Amendment, ERISI-826.
Marion County —
Intervenor Challenge to Amendment, ERISI-827.
Intervenor Challenge to Small Scale Plan Amendment, ERISI-828.
Martin County —
Intervenor Challenge to Amendment Dismissed For Lack of Standing Under 120.68(1), ERISI-829.
Intervenor Challenge to Amendment, ERISI-830.
Miami —
Intervenor Challenge to Amendment, ERISI-831.
Intervenor Challenge to Small Scale Plan Amendment, ERISI-832.
Intervenor Challenge to Small Scale Plan Amendment — Miami River —
Dept. In Compliance Finding Reversed, ERISI-833.
Intervenor Challenge to Small Scale Plan Amendment Upheld — Miami Riverfront, ERISI-834.
Intervenor Challenge to Small Scale Plan Amendment, ERISI-835.
Monroe County —
Intervenor Challenge to Small Scale Plan Amendment, ERISI-836.
New Smyrna Beach —
Intervenor Challenge to Small Scale Plan Amendment, ERISI-837.
Newberry, City of —
Intervenor Challenge to Settlement Agreement, ERISI-838.
Ocala, City of
Intervenor Challenge to Amendment, ERISI-839.
Palm Bay, City of —
Intervenor Challenge to Amendment, ERISI-840.
Palm Beach County —
Intervenor Challenge to Amendment Denied, ERISI-841.
Intervenor Challenge to Amendment, ERISI-842.
Motion to Vacate Automatic Stay Pending Appellate Review Granted, ERISI-843.
Panama City —
Intervenor Challenge to Small Scale Plan Amendment, ERISI-844.
Putnam County, ERISI-845.
Santa Rosa County —
Intervenor Challenge to Small Scale Plan Amendments, ERISI-846.
Sarasota County —
Intervenor Challenge to Amendment, ERISI-847.
St. Johns County —
Intervenor Challenge to Amendment, ERISI-848.
Intervenor Challenge to Small Scale Plan Amendment, ERISI-849.
St. Lucie County —
Intervenor Challenge to Amendment, ERISI-850.
St. Petersburg, City of —
Intervenor Challenge to Small Scale Plan Amendment, ERISI-851.
Stuart —
Intervenor Challenge to Amendment — Dept. Denial of Affirmed, ERISI-852.
Wakulla County —
Intervenor Challenge to Amendment, ERISI-853.
Wellington —
Intervenor Challenge to Amendment, ERISI-854.
Declaratory Statements (See DECLARATORY STATEMENTS)
Emergency Management Preparedness & Assistance Trust Fund —
Dade County —
Challenge to Scoring of Application Denied, ERISI-855.
Wauchula —
Merger of Municipal Competitive Grant Program Application Into Approved Over Objection, ERISI-856.
Florida Communities Trust Grant —
Denial of Applications As Untimely Affirmed —
Equitable Tolling Found to Be Inapplicable, ERISI-857.
Priority Accorded Projects That Provide Water Access Examined, ERISI-858.
Purpose of This Program Examined, ERISI-859.
Florida Housing Finance Corp. —
Dept. Denial of Petition For Hearing Challenging Denial of a Competitive Application For An Alleged Lack of Standing Reversed, ERISI-860.
Public Purpose Behind Examined, ERISI-861.
Green Swamp Area of Critical Concern —
Groveland, City of —
Ordinance Amending Definition of “Lot Coverage,” Requirements For Open Space & Conservation Easements, Planned Unit Development Dist. & Removing the Uniqueness Hardship Approved, ERISI-862.
Ordinance Amending Height Limits, Side & Rear Setbacks Approved, ERISI-863.
Ordinance Amending Provisions Regarding the Height, Placement & Materials For Fences & Walls Approved, ERISI-864.
Ordinance Amending Various Land Development Regulations Approved, ERISI-865.
Ordinance Amending Various Land Development Regulations Regarding Environmental Standards Approved, ERISI-866.
Ordinance Including Golf Driving Ranges Within the Definition of Recreational Facilities Approved, ERISI-867.
Ordinance Prohibiting the Placement of Air Conditioning & Heating Units In Front Yards Approved, ERISI-868.
Ordinance Regarding Maintenance of Commercial, Office & Industrial Structures & Premises Approved, ERISI-869.
Ordinance Regarding Signs Approved, ERISI-870.
Ordinance Regarding Various Land Development Regulations Approved, ERISI-871.
Ordinance Regulating the Placement, Construction & Modification of Wireless Communications Facilities Approved, ERISI-872.
Ordinance Revising General Parking Requirements & Restrictions Approved, ERISI-873.
Ordinance Which Modifies Vegetative Buffers, Removes Prohibition On Platting & Lots In Wetlands, Modifies Access Requirements For Platted Lots, Etc. Approved, ERISI-874.
Ordinance Which Replaces the Single Category of Schools In the Land Development Code With Several New School Types With Criteria & Land Use Districts, ERISI-875.
Ordinance Which Sets Out Architectural Design Requirements, ERISI-876.
Lake Alfred, City of —
Ordinance Regarding Street Design, ERISI-877.
Haines City —
Ordinance to Establish the US 27/North Ridge Selected Area Plan, ERISI-878.
Green Swamp Area of Critical State Concern —
Haines City —
Ordinance to Provide a Description of the Allowed & Prohibited Uses Within the Industrial-North Ridge Zoning, ERISI-879.
Lakeland —
Ordinance Amending Various Land Development Regulations, ERISI-880.
Land Development Regulations Challenged As Inconsistent With Local Comprehensive Plan —
Bay County —
Definition of Term Dwelling or Dwelling Unit, ERISI-881.
Local Development Order —
Development Order & Development Agreement Distinguished & Discussed, ERISI-882.
Marion County —
Dept. Challenges Local Ordinance Restricting Manufactured Housing Within Residential Areas —
Circuit Court Invalidation of Ordinance Affirmed, ERISI-883.
Monroe County (See Also Comprehensive Plan, Area of Critical State Concern; ADMINISTRATIVE HEARINGS, Div. of, Monroe County; MONROE COUNTY) —
Amended Final Order: Florida Keys Citizens Coalition, Inc., et al. v. Dept. of Community Affairs & Monroe County, ERISI-884.
Islamorada, City of —
Moratorium On Acceptance of Development Applications For Redevelopment of Mobile Homes, ERISI-885.
Moratorium On Applications For Redevelopment of Marine Facilities, ERISI-886.
Moratorium On Applications For Redevelopment of Transient Units, ERISI-887.
Ordinance Addressing Docks, Shoreline Uses, Sea Turtle Nesting Protection, Environmental Standards & Wetlands Protection Approved, ERISI-888.
Ordinance Adopting “Definitions Applicable to the Village’s Land Development Regulations” Approved, ERISI-889.
Ordinance “Adopting the Official Zoning Map For the Village and Replacing the Monroe County Zoning Map” Approved, ERISI-890.
Ordinance Allowing Affordable Housing of Up to Four (4) Units Fronting U.S. 1 Approved, ERISI-891.
Ordinance Allowing Affordable Housing On Parcels Designated As Low-Quality Hammock, ERISI-892.
Ordinance Allowing “Chickee Huts” & Boat Docks On Vacant Residential Lots Approved, ERISI-893.
Ordinance Allowing Temporary A-Frame & Banner Signs Approved, ERISI-894.
Ordinance Amending Building Permit Allocation System Approved, ERISI-895.
Ordinance Amending Building Permit Allocation System, ERISI-896.
Ordinance Amending Building Permit Allocation System Regarding Residential & Residential Unit Allocation Approved, ERISI-897.
Ordinance Amending Code to Allow Boat Sales & Redevelopment of Outdoors Storage & Display Areas Approved, ERISI-898.
Ordinance Amending Code With Regard to Service On Local Planning Agency Approved, ERISI-899.
Ordinance Amending Definition of & Parking Requirements For Room, Hotel or Motel Approved, ERISI-900.
Ordinance Amending Land Development Regulations In Regard to Nonresidential Open Space Ratios, ERISI-901.
Ordinance Amending Landscaping Standards Approved, ERISI-902.
Ordinance Amending Official Zoning Map From Multi-Family (MF) To Recreation (R), ERISI-903.
Ordinance Amending Official Zoning Map From Residential Estate (RE) to Multi-Family, ERISI-904.
Ordinance Amending Regulations Regarding Affordable Housing Approved, ERISI-905.
Ordinance Amending Regulations Regarding Development of Properties Containing Tropical Hardwoods Approved, ERISI-906.
Ordinance Amending Regulations to Provide That Height Is a Characteristic of Structure Rather Than of Use, ERISI-907.
Ordinance Amending Shoreline Setback For Docks & Shoreline Uses, ERISI-908.
Ordinance Amending the Definition of Affordable Housing Approved, ERISI-909.
Ordinance Amending the Official Zoning Map, ERISI-910.
Ordinance Amending Village Center & Highway Commercial Zoning District Approved, ERISI-911.
Ordinance Amending Village Center & Highway Commercial Zoning Districts, ERISI-912.
Ordinance Amending Zoning From Industrial to Tourist Commercial, ERISI-913.
Ordinance Clarifying Scope & Application of Exemption From Formula Retail Regulations For Professional Services, ERISI-914.
Ordinance Clarifying That Multi-Family Units May Be Attached or Detached, ERISI-915.
Ordinance Clarifying the Definition of Temporary Use & Public Assembly Approved, ERISI-916.
Ordinance Concerning Fence Regulations Approved, ERISI-917.
Ordinance Concerning Historical Sites Approved, ERISI-918.
Ordinance Defining “Schools” & Allowing the Same In Highway Commercial Zoning District Approved, ERISI-919.
Ordinance Establishing “Administrative Procedures For Quasi-Judicial Proceedings, Concurrency Management, Comprehensive Plan Amendments, Rezoning, Platting, Beneficial Use Review, Vested Rights Determinations, and Consideration of Development Agreements” Approved, ERISI-920.
Ordinance Establishing Alcoholic Beverage Use Permit Procedure Approved, ERISI-921.
Ordinance Establishing a Local Planning Agency, ERISI-922.
Ordinance Establishing a Method For Transferring Both Residential & Nonresidential Development Rights, ERISI-923.
Ordinance Establishing a Moratorium On Conversion of Transient Into Nontransient Units, ERISI-924.
Ordinance “Establishing Mechanism For Citizens to Appeal Decisions Made By Village Staff, Fees For the Service, and a Time Frame In Which the Appeals Must Be Made” Approved, ERISI-925.
Ordinance Establishing “Procedures and Standards For the Regulation of Off-Street Parking, Loading, and Delivery” Approved, ERISI-926.
Ordinance Establishing Procedures For Platting Land, Reviewing DRI’s, Conditional Uses, Land Development Regulations, Comprehensive Plans, Etc. Approved In Part, ERISI-927.
Ordinance Establishing “Regulations and Requirements For Existing and Proposed Signs In the Village” Approved, ERISI-928.
Ordinance Establishing “Regulations For the Management of Stormwater Runoff” Approved, ERISI-929.
Ordinance Establishing “Regulations For the Placement, Height, Intensity, and Shielding of Outdoor Lighting Fixtures In Order to Preserve the Natural Nighttime Outdoor Environment” Approved, ERISI-930.
Ordinance Establishing Regulations For Wireless Communication Facilities Approved, ERISI-931.
Ordinance Establishing “Regulations Regarding Buffering, Hours of Operation and Screening of Outdoor Storage and Display Areas” Approved, ERISI-932.
Ordinance Establishing Standards For the Placement of Fences Approved, ERISI-933.
Ordinance Extending “a Moratorium On the Issuance of Development Orders and Permits For Non-Residential Development” Approved, ERISI-934.
Ordinance Extending Moratorium On Acceptance of Applications For Redevelopment of Mobile Home Parks Approved, ERISI-935.
Ordinance Extending Moratorium On Conversion of Transient Dwelling Units Into Non-Transient Dwelling Units Approved, ERISI-936.
Ordinance Imposing Moratorium On Approval of New Allocations of ROGO or NROGO For Big Pine Key & No Name Key Approved, ERISI-937.
Ordinance Imposing Moratorium On the Redevelopment of Mobile Home Parks, ERISI-938.
Ordinance Increasing the Membership of the Local Planning Agency, ERISI-939.
Ordinance Providing For Special Meetings For Lengthy Planning Items Approved, ERISI-940.
Ordinance Providing Methodology For Assessing Proportionate Fair-Share Mitigation Options For Transportation Facilities Approved, ERISI-941.
Ordinance Regarding Accessory Uses, Accessory Structures, Aggregation of Development and Shoreline Setbacks Rejected, ERISI-942.
Ordinance Regarding Building Permit Allocation System Approved, ERISI-943.
Ordinance Regarding Implementation of the Comprehensive Plan, ERISI-944.
Ordinance Regarding Off Street Parking, Loading, Driveway Standards & Temporary Storage Units Approved, ERISI-945.
Ordinance Regulating Light Fixtures, Height, Intensity & Placement Along Shorelines & Docks, ERISI-946.
Ordinance Regulating the Types & Locations of Signs Approved, ERISI-947.
Ordinance Repealing Provisions Regarding the Transfer of Development Rights, ERISI-948.
Ordinance Requiring “That New Development Pay For Its Fair Share of Public Facilities Through the Imposition of Impact Fees That Will Be Used to Finance, Defray, or Reimburse All or a Portion of the Costs Incurred By the Village For Public Facilities and Services That Serve Such Development” Approved, ERISI-949.
Ordinance “To Protect and Enhance Properties of Historic, Cultural, Archaeological, and Architectural Merit In Order to Preserve the Character and History of the Village” Approved, ERISI-950.
Ordinance Which “Adopts the Wetland Evaluation Index Established For the Keys Under the Advanced Identification of Wetlands Program (Which) Also Limits Dredging, Establishes the Types of Water Dependent Uses That Can Take Place, and Establishes Requirements For Buffering Development From Disturbed and Undisturbed Wetlands” Approved, ERISI-951.
Ordinance Which “Establishes An Annual Allocation System For the Issuance of Building Permits” Approved In Part & Rejected In Part, ERISI-952.
Ordinance Which “Establishes a Series of Zoning Districts That Regulate Land Use” Approved In Part & Rejected In Part, ERISI-953.
Ordinance Which “Establishes Procedures and Criteria For Approval of Accessory Uses and Structures” Approved, ERISI-954.
Ordinance Which “Establishes Procedures For the Regulation of Temporary Uses” Approved, ERISI-955.
Ordinance Which “Establishes Regulations For Nonconforming Uses and Structures” Approved, ERISI-956.
Ordinance Which “Establishes Regulations For the Installation and Maintenance of Landscaping and the Preservation and Maintenance of Natural Vegetation and Habitat” Approved, ERISI-957.
Ordinance Which “Establishes Regulations For the Transfer of Development Rights Between Properties Within the Village to Aid In the Protection of the Natural Environment and Community Character of the Village, the Protection of Private Property Rights, and the Preservation and Appropriate Redevelopment of Village Neighborhoods” Approved, ERISI-958.
Ordinance Which “Establishes Regulations For the Use Of Live Aboard Vessels” Approved, ERISI-959.
Ordinance Which “Establishes Regulations Regarding Outdoor Seating Areas Associated With Dining Facilities and Bars” Approved, ERISI-960.
Ordinance Which “Imposes a Temporary Moratorium On the Acceptance of Residential Dwelling Unit Allocation Applications (“ROGO Applications)” Approved, ERISI-961.
Ordinance Which “Provides That ‘Formula Retail Establishments’ Are Not Permitted In Any Zoning District In the Village and That ‘Drive-In and Drive Through Facilities’ and ‘Formula Retail Establishments’ Are To Be Approved Only As a Major Conditional Use” Approved, ERISI-962.
Key Colony Beach, City of —
Ordinance Amending Code to Clarify Variance Criteria & Notifications & Review Process For Planning & Zoning Committee Approved, ERISI-963.
Ordinance Amending Floodplain Regulations, ERISI-964.
Ordinance Amending Various Land Development Regulations Approved, ERISI-965.
Ordinance Amending the Land Use District Map Approved, ERISI-966.
Ordinance Establishing Setback Requirements For Accessory Structures On Canals & Open Waters, ERISI-967.
Ordinance Regarding Building Height Exemptions, ERISI-968.
Ordinance Restricting Parking of Recreational Vehicles At Residences Approved, ERISI-969.
Ordinance Updating Parking Regulations, ERISI-970.
Zoning Change From Commercial to Multi-Family Residential, ERISI-971.
Key West, City of —
Affordable Housing Regulations Approved, ERISI-972.
Ordinance Allowing Exception to Prohibition Against Unlicensed Transient Rentals Approved, ERISI-973.
Ordinance Allowing Transfer of Transient Units — Approved, ERISI-974.
Ordinance Amending Conditional Uses & Adopting Regulations For Tattoo Establishments Approved, ERISI-975.
Ordinance Amending Provisions Regarding Amusements & Entertainment Business, Fire Prevention & Protection, Planning & Development & Appeals & Variances, ERISI-976.
Ordinance Amending Regulations Pertaining to Minor & Major Developments, ERISI-977.
Ordinance Applicable to the Key West Golf Club, ERISI-978.
Ordinance Clarifying Notice Requirements For First & Subsequent Public Hearings, ERISI-979.
Ordinance Clarifying the Administrative Appeal Process, ERISI-980.
Ordinance Clarifying Procedure Governing Appeals From Historical Architectural Review Comm. Approved, ERISI-981.
Ordinance Coordinating Local Planning With School Bd. & U.S. Military Approved, ERISI-982.
Ordinance Defining the Term Assisted Living Facilities, ERISI-983.
Ordinance Permitting Government Operated Transit Facilities In the Public & Semi-Public Zoning Dist. Approved, ERISI-984.
Ordinance Pertaining to Historical Architectural Review Comm. Approved, ERISI-985.
Ordinance Pertaining to Motion & Miniature Lights In Historic Districts Approved, ERISI-986.
Ordinance Prohibiting Certain Signs In Windows of Historic Buildings Approved, ERISI-987.
Ordinance Providing An “Amended Definition of ‘Affordable Housing’ and Amending Applicant Eligibility Requirements and Family Size Requirements” Approved, ERISI-988.
Ordinance Providing Standards For the Consideration of Variances, ERISI-989.
Ordinance Regarding Enforcement of Violations of Conditions Imposed Under Conditional Uses or Special Exemptions Approved, ERISI-990.
Ordinance Regarding Exceptions to Prohibition Against Outdoor Merchandise Display In Historic District Approved, ERISI-991.
Ordinance Regarding the “Transfer of Transient Licenses and Units” Approved, ERISI-992.
Ordinance Regarding Tree Protection, Tree Commission & Permitting, ERISI-993.
Ordinance Repealing Regulation of Flags & Providing For Regulation of Commercial Flags, ERISI-994.
Ordinance Restoring Variance Standards & Requirements Approved, ERISI-995.
Ordinance to Provide For Uniform Expiration Dates For the Terms of Plan Board Members, ERISI-996.
Ordinance Which “Amends the Land Development Regulations By Deleting the Requirement For An ‘Adult Entertainment Business’ to Obtain Approval For Development Through the Conditional Use Process (and) Requires That An ‘Adult Entertainment Business’ Which Wishes to Operate a Bar or Lounge Must Comply With the Conditional Use Criteria For Establishing These Uses” Approved, ERISI-997.
Ordinances Making Cemeteries a Permitted Use, ERISI-998.
Transient Vacation Rental Ordinance, ERISI-999.
Layton, City of —
Ordinance Defining Freeboard Relative to Distance Above the Base Flood Elevation Approved, ERISI-1000.
Ordinance Establishing Number of Permitted Habitable Floors, ERISI-1001.
Ordinance Regulating “the Use of Land Through the Application of Lot Line Set-backs, Lot Coverage and Height Limitations (and Which Regulates) Other Development Activities Which Would Have An Adverse Impact On Natural Resources, and Provides Minimum Criteria For Development Such As Required Parking, Preservation of Native Species, and Provision of Open Space” Approved, ERISI-1002.
Ordinance to Allow Development of Docks As An Accessory Use On Vacant Lots, ERISI-1003.
Ordinance to Establish Lottery Dates For Drawing of Building Allocations, ERISI-1004.
Location of Wastewater Treatment Facilities Within Industrial & Airport Land Uses — Approved
Ordinance Ending Exemption From Building Permit Allocation System For “Not-For-Profit” Organizations Approved, ERISI-1005.
Marathon, City of —
Immediate Final Order — Authorization For Placement of RV’s In All Zoning Districts As Temporary Housing, ERISI-1006.
Ordinance “Amending the City Land Use District Map By Re-Designating the Zoning Classification of a Parcel of Land From Commercial Fishing Special District 15 (CFSD 15) to Mixed Use (MU)” Approved, ERISI-1007.
Ordinance “Designed to Streamline and Standardize the Procedures Concerning Notice of Public Hearings, Development Approvals, Development Orders, Development Permits, and Amendments to the Text of the Land Development Regulations and Zoning Maps” Approved, ERISI-1008.
Ordinance Adding the Term Conditional Redevelopment Unit Rejected, ERISI-1009.
Ordinance Allowing Deferral of Building Permit Allocations Approved, ERISI-1010.
Ordinance Allowing Detached Single Family Residences On Lots Smaller Than 4,500 Sq. Ft. & For Reduced Side Yard Setbacks Approved, ERISI-1011.
Ordinance Amending Entire Zoning Map, ERISI-1012.
Ordinance Amending Land Development Regulations Applicable to the Interim Comprehensive Plan, ERISI-1013.
Ordinance Amending Regulations Regarding Locations & Standards For Public Buildings Approved, ERISI-1014.
Ordinance Amending a Variety of Land Development Regulations Approved & Rejected In Part, ERISI-1015.
Ordinance Amending the Definition of “Hotel Room” Approved, ERISI-1016.
Ordinance Amending the Definition of Motel/Hotel Room Approved, ERISI-1017.
Ordinance Amending the Land Use Map Rejected, ERISI-1018.
Ordinance Amending the Residential Rate of Growth Ordinance Approved, ERISI-1019.
Ordinance Amending the Residential Rate of Growth Regulations Approved & Rejected In Part, ERISI-1020.
Ordinance Authorizing a Small Scale Comprehensive Plan Amendment For Affordable Housing & a Certain Parcel, ERISI-1021.
Ordinance Creating Prohibited Areas For Sales of Alcoholic Beverages Approved, ERISI-1022.
Ordinance Establishing “Procedures and Standards For Regulating Development Within the Floodplain” Approved, ERISI-1023.
Ordinance Establishing An Advisory Planning Comm. & Providing For a School Bd. Member to Serve, ERISI-1024.
Ordinance Establishing An Advisory Planning Comm. Approved, ERISI-1025.
Ordinance Establishing Environmental Land Management & Restoration Fund, ERISI-1026.
Ordinance Establishing a Nonresidential Permit Allocation System, ERISI-1027.
Ordinance Extending Moratorium On Applications For Redevelopment of Mobile Home Parks Approved, ERISI-1028.
Ordinance Implementing a Temporary Moratorium On New Residential Rate of Growth Applications Approved, ERISI-1029.
Ordinance Imposing Moratorium On Residential Rate of Growth Applications In High Quality Natural Areas Approved, ERISI-1030.
Ordinance Regarding Impact Fees Approved, ERISI-1031.
Ordinance Regarding Off-Site Redevelopment of Existing Transient Units, Residential Dwelling Units & Commercial Floor Area Approved, ERISI-1032.
Ordinance Regarding Transfers of Building Rights Rejected, ERISI-1033.
Ordinance Regulating “Water-Related Activities, Use of the Nearshore ‘City Waters,’and City-Designated Vessel Anchorage Areas and Mooring Fields So As to Eliminate Abandoned and Derelict Vessels, Ensure Compliance With the Clean Vessel Act, Minimize Benthic Damage and Provide a Safe, Secure Harbor For the Boating Community” Approved, ERISI-1034.
Ordinance Regulating Hotel Redevelopment Rejected, ERISI-1035.
Ordinance Regulating the Placement, Construction & Modification of Wireless Communication Facilities Approved, ERISI-1036.
Ordinance Revising “Certain Provisions That Address the Development That May Be Permitted In Undisturbed and Disturbed Wetlands & Repealing Provisions That Relate to Development In Pinelands and Mangrove and Submerged Lands” Approved, ERISI-1037.
Ordinance Revising Floodplain Management Regulation, ERISI-1038.
Ordinance to “Address Nearshore Water Quality Problems Related to the Improper Management of Stormwater By Providing Regulations For Minimum Yard Size, and By Establishing Shoreline Setbacks and Providing Regulations For the Activities Within the Shoreline Setback Area Which Provides Standards For the Construction of Seawalls & Docks” Approved, ERISI-1039.
Ordinance Which “Amends the City Land Use District Map For Certain Property Owned By the Florida Keys Electric Cooperative From Its Current Designation of Suburban Commercial (SC) and Commercial Fishing Special District 15 (CFSD 15) to Suburban Commercial (SC)” Approved, ERISI-1040.
Rate of Growth Ordinance — Allowable Number of Bedrooms & Baths In a Hotel, ERISI-1041.
Rate of Growth Ordinance — Amendment of, ERISI-1042.
Rate of Growth Ordinance — Extension of Moratorium On Acceptance of Applications, ERISI-1043.
Small Scale Comprehensive Plan Amendment Regarding Affordable Housing & Future Land Use Amendment Approved, ERISI-1044.
Vacation Rental Ordinance Approved, ERISI-1045.
Moratorium On Applications For Development Between Tavernier Creek & Mile Marker 97, ERISI-1046.
Moratorium On Applications For Development Within the Tavernier Historic Dist., ERISI-1047.
Ordinance Addressing “Issues Relating to Affordable Housing, Employee Housing, and Commercial Apartments” Approved, ERISI-1048.
Ordinance Allowing Conversion of Recreational Vehicle Space In Permanent Structures For Seasonal Owner Use Approved, ERISI-1049.
Ordinance Allowing Rear Setback Area to Contain Accessory Structures, ERISI-1050.
Ordinance Allowing Temporary Emergency Housing During Recovery From a Disaster Approved, ERISI-1051.
Ordinance Allowing Wastewater Treatment Facilities As a Major Conditional Use, ERISI-1052.
Ordinance Amending Affordable & Employee Housing Regulations, ERISI-1053.
Ordinance Amending Appeal and Notice Periods For Administrative Actions, ERISI-1054.
Ordinance Amending Code to Change Location of Planning Commission Meeting, ERISI-1055.
Ordinance Amending Commercial Fishing District to Clarify That Fishermen Need Not Reside There, ERISI-1056.
Ordinance Amending Conditional Use Permits, Residential Dwelling Permits, Bulk Regulations & Administrative Waivers Approved, ERISI-1057.
Ordinance Amending Criteria Concerning Stormwater Drainage, ERISI-1058.
Ordinance Amending Definitions of “Dwelling,” “Density Bonus Unit” and “Dwelling Half Unit” Allowing An Award to Units Less Than 750 Square Feet Rejected, ERISI-1059.
Ordinance Amending Future Land Use Map From Industrial to Residential High Rejected, ERISI-1060.
Ordinance Amending Land Use Map From Residential Low to Residential High Approved, ERISI-1061.
Ordinance Amending Recreational Zoning District Approved, ERISI-1062.
Ordinance Amending Regulations For Issuance of Building Permits In Areas of Special Flood Hazard, ERISI-1063.
Ordinance Amending Residential Density & Open Space Regulations, ERISI-1064.
Ordinance Amending Time Restrictions For Maintenance of Affordable Housing Approved, ERISI-1065.
Ordinance Amending Various Land Development Regulations Approved, ERISI-1066.
Ordinance Amending the Nonresidential Rate of Growth Ordinance Approved, ERISI-1067.
Ordinance Amends Certain Land Development Regulations, ERISI-1068.
Ordinance Amends Flood Plan Regulations, ERISI-1069.
Ordinance Approving Application & Impact Fees, ERISI-1070.
Ordinance Changing Zoning From Improved Subdivision to Park & Refuge Approved, ERISI-1071.
Ordinance Changing the Definition of Maximum Sales Price of Affordable Housing Units Approved, ERISI-1072.
Ordinance Changing the Existing Public Notice Requirements to Add Clarity & Reduce Expenditures Approved, ERISI-1073.
Ordinance Defining “Coastal Barrier Resource Systems” & Conservation Land Protection Area, ERISI-1074.
Ordinance Defining Boat Barn & Pertinent Regulations Approved, ERISI-1075.
Ordinance Defining Employer-Owned Rental Housing, ERISI-1076.
Ordinance Deleting Requirements For Preparation of Habitat Evaluation Index For Properties Containing Hammock Approved & Rejected In Part, ERISI-1077.
Ordinance Designating Conservation & Natural Area Boundaries & Adopting Moratorium On ROGO & NROGO Allocations In These Areas, ERISI-1078.
Ordinance Eliminating Certain Requirements of the Permit Review Process, ERISI-1079.
Ordinance Eliminating the Regular August Meeting Approved, ERISI-1080.
Ordinance Establishing An Overlay District For US-1 Between Tavernier Creek & Mile Marker 97, ERISI-1081.
Ordinance Establishing An Overlay District For the Tavernier Historic District Amending Provisions Regarding Definitions & Certificates of Appropriateness, ERISI-1082.
Ordinance Establishing Fees For Land Development Applications Approved, ERISI-1083.
Ordinance Establishing Moratorium On Transfer of Development Rights From RV Spaces to Hotel Or Motel Rooms Approved, ERISI-1084.
Ordinance Establishing Regulations & Standards For Wireless Communication Facilities Approved, ERISI-1085.
Ordinance Establishing a Central Location For Bi-Monthly Planning Comm. Meetings Approved, ERISI-1086.
Ordinance Establishing a Methodology For Assessing Proportionate Fair-Share Mitigation Options For Impacts On Transportation Facilities, ERISI-1087.
Ordinance Exempting Affordable Housing From Building Permit Fees Approved, ERISI-1088.
Ordinance Extending Moratorium On New Transient Units, ERISI-1089.
Ordinance Extending Moratorium On New Transit Units Approved, ERISI-1090.
Ordinance Extending Moratorium On Off-Site Transfer of Recreational Vehicle Spaces to Hotel or Motel Room, ERISI-1091.
Ordinance Extending the Interim Development Ordinance, ERISI-1092.
Ordinance Extending the Moratorium On Allocation of Building Permits Approved, ERISI-1093.
Ordinance Granting Authority to County Official to Approve Restrictive Covenants & Warranty Deeds Under ROGO/NROGO & Affordable Housing, ERISI-1094.
Ordinance Imposing Six (6) Month Moratorium On Acceptance of Development Applications For the Redevelopment of Mobile Home Parks, ERISI-1095.
Ordinance Including Transient Rental Units As Vested For Improvement Rejected, ERISI-1096.
Ordinance Moving the Air Installation Compatibility Use Zones Regulations From the Airport Section to the Overlay Section of the LDRs, ERISI-1097.
Ordinance Permitting Pre-1/4/96 Residential Structures to be Considered Legal & Improvable Approved, ERISI-1098.
Ordinance Protecting the Affordable Housing Stock Approved, ERISI-1099.
Ordinance Providing Additional Guidance to Applicants & County Staff For Processing Beneficial Use Determination Applications, ERISI-1100.
Ordinance Providing An Alternative Compliance to the Inclusionary Housing Requirements, ERISI-1101.
Ordinance Providing For 15 Day Advanced Notice of Public Hearings Approved, ERISI-1102.
Ordinance Providing For Annual Allocation of Nonresidential Rate of Growth Based On the Number of Residential Units Approved, ERISI-1103.
Ordinance Providing For Expedited Planning Approval For Large Master Planned Communities of At Least 100 Homes, ERISI-1104.
Ordinance Providing For Non-Voting School Dist. Member On the Planning Comm., ERISI-1105.
Ordinance Providing For Notice of Public Hearings On County Website Approved, ERISI-1106.
Ordinance Providing For a Tier Overlay District For Big Pier & No Name Keys, ERISI-1107.
Ordinance Providing Incentives to Mobile Home Parks to Maintain Affordable Housing Rejected, ERISI-1108.
Ordinance Regarding Affordable Housing Affirmed, ERISI-1109.
Ordinance Regarding Affordable Housing Approved, ERISI-1110.
Ordinance Regarding Emergency Temporary Housing & Temporary Placement of RV’s, ERISI-1111.
Ordinance Regarding Enclosures For Residences That Abut Airport Districts, ERISI-1112.
Ordinance Regarding Fence Heights Approved, ERISI-1113.
Ordinance Regarding Nonresidential Nonconforming Uses Approved, ERISI-1114.
Ordinance Regarding Parking Regulations Approved, ERISI-1115.
Ordinance Regarding Planning Commission Approved, ERISI-1116.
Ordinance Regarding Setbacks From Shorelines Lawfully Altered Approved, ERISI-1117.
Ordinance Regarding Storage Areas Within Suburban Commercial Zoning Approved, ERISI-1118.
Ordinance Regarding Utilization of Tier Overlay Maps, ERISI-1119.
Ordinance Regarding Variance Approved, ERISI-1120.
Ordinance Regulating Adult Oriented Businesses, ERISI-1121.
Ordinance Regulating Location & Concentration of Sexually Oriented Businesses Approved, ERISI-1122.
Ordinance Revising County Commission Meeting Location Approved, ERISI-1123.
Ordinance Revising Floodplain Management Regulations, ERISI-1124.
Ordinance Revising Restoration of Land Requirements When Cleared Without a Proper Permit, ERISI-1125.
Ordinance That Allows Wastewater Treatment Facilities to Be Permitted In All Commercial Fishing Districts Approved, ERISI-1126.
Ordinance to Change the Land Use Resignation From Residential Low to Residential High Approved, ERISI-1127.
Ordinance to Increase the Effective Time For Restrictive Covenants For Employee & Affordable Housing Approved, ERISI-1128.
Ordinance Which “Amends the City’s Land Use District Map By Re-Designating the Zoning Classification From Native Area (NA) and Improved Subdivision (IS) to Just Improved Subdivision (IS)” Approved, ERISI-1129.
Ordinance Which “Amends the Monroe County Code to Extend the Ineligibility of Residential ROGO Allocations For New Transient Units” Approved, ERISI-1130.
Ordinance Which “Establishes a Land Use Overlay District That Will Prohibit the Extension or Expansion of Public Utilities to Units of the Coastal Barrier Resources System” Approved, ERISI-1131.
Ordinance Which “Increases the Height Limitations On Fences On Stock Island and Key Haven” Approved, ERISI-1132.
Rate of Growth Ordinance — Affordable Housing, ERISI-1133.
Rate of Growth Ordinance — Referral of Award of Market Allocations, ERISI-1134.
Transfer of Rate of Growth Ordinance Exemptions Approved, ERISI-1135.
Zoning Change From Native to Urban Residential – Mobile Home Approved, ERISI-1136.
Zoning Change From Park & Refuge to Improved Subdivision Approved, ERISI-1137.
Zoning Change From Suburban Commercial to Industrial Approved, ERISI-1138.
Notice of Violation/Order For Corrective Action —
Monroe County Found to Have Improperly Administered Its Habitat Evaluation Index — Corrective Action Ordered, ERISI-1139.
Petition to Initiate Rulemaking —
Building Comm. — Request to Repeal Building Code Provisions Relating to LP Gas Denied, ERISI-1140.
Energy Conservation Standards Rules — Request to Cover Ten (10) Additional Types of Equipment Denied, ERISI-1141.
Florida Communities Trust — Proposed Emphasis On Projects That Promote Public Access to Waterways — Denied, ERISI-1142.
Rule Variance or Waiver —
Community Development Block Grants —
Citizen Participation Requirements — Granted, ERISI-1143.
Disaster Recovery Initiative Subgrant — Application Requirements, ERISI-1144.
Disaster Recovery Initiative Subgrant — Requirement For Approval of Single Source Subgrant, ERISI-1145.
Emergency Petition Denied As Inappropriate Without Prejudice, ERISI-1146.
Neighborhood Revitalization Subgrant — Transfer of Wastewater Funds to Potable Water — Denied, ERISI-1147.
Notice of Hearings — Denied, ERISI-1148.
Requirement That All Mobile Homes Purchased Be New & Previously Uninstalled — Granted, ERISI-1149.
Requirement to Survey Very Low Income Households, ERISI-1150.
Temporary Waiver —
On Schedule Guidelines — Denied, ERISI-1151.
Evaluation & Appraisal (EAR) Report — Local Comprehensive Plan —
City of Cocoa — Retroactive Variance Denied, ERISI-1152.
Florida Communities Trust Grant (FCT) —
Advertising Requirements Governing Bid Solicitations, ERISI-1153.
Application Deadline — Denied, ERISI-1154.
Pre-Acquired Property, ERISI-1155.
Pre-Acquired Site — Granted, ERISI-1156.
Previously-Acquired Property — Granted, ERISI-1157.
Substitution of General Revenue Funds For Returned DEP Subgrant Funds — Granted, ERISI-1158.
Hazardous Materials Reporting Act — Registration & Late Fees — Denied, ERISI-1159.
Amendment By Voter Initiative (See Also CITY GOVERNMENT, Charter Amendment, Referendum) —
Appellate Review — Supreme Court —
Scope of Examined, ERISI-1160.
Ballot Title & Summary Found Adequate, ERISI-1161.
Ballot Title & Summary Must Afford Fair Notice, ERISI-1162.
Comprehensive Plan — Amendment — Requirement For Referendum On, ERISI-1163.
Construction (See Also STATUTES) —
Intent of the Framers & Voters Is the Polestar, ERISI-1164.
Plain & Unambiguous Language — No Room For Construction, ERISI-1165.
Related Provisions Construed In Para Materia, ERISI-1166.
Correction of Previously Identified Defect Precludes Piecemeal, Serial or New Challenges, ERISI-1167.
Financial Impact Statement —
Found Misleading, ERISI-1168.
Supreme Court Review of Now Often Occurs “After the Other Ballot Initiative Matters Have Been Resolved”, ERISI-1169.
Three (3) Part Standard Governing Review, ERISI-1170.
Local Comprehensive Plans — Referendum Requirement For Amendments, ERISI-1171.
Single-Subject Test —
Discussed & Found Satisfied, ERISI-1172.
Purpose of Discussed, ERISI-1173.
Beachfront Private Property —
Boundary Line Can Shift By Prescription, Dedication or Custom, ERISI-1174.
Boundary Line Shift By Custom Exhaustively Explored, ERISI-1175.
Public Trust Doctrine, ERISI-1176.
Due Process (See Also PRACTICE & PROCEDURE) —
After-the-Fact Regulatory Ordinances, ERISI-1177.
Basic Fairness Must Be Observed, ERISI-1178.
County Government Can & Must Administratively Review Challenges to Its Permitting Decisions, ERISI-1179.
County Ordinance Found Void For Vagueness, ERISI-1180.
Decision Made By Hearing Officer Other Than One Who Heard the Case Found to Offend, ERISI-1181.
Delay In Entry of Final Judicial Judgment (18 Months), ERISI-1182.
Dismissal of Suit Due to Untimely Initial Brief Quashed, ERISI-1183.
Does Not Override State or Political Subdivision Police Powers, ERISI-1184.
Essential Elements of Examined, ERISI-1185.
Evidence — Limits On Presentation of Can Violate, ERISI-1186.
Failure to Allow Full Participation At the Hearing, ERISI-1187.
Failure to Apply the Correct Law Does Not Automatically Result In Violation of, ERISI-1188.
Failure to Provide Interpreter For Non-English Speaking Respondent, ERISI-1189.
Found Violated, ERISI-1190.
Fundamental Freedoms Subject to Strict Scrutiny Analysis —
Residence At a Location of Choice Does Not Involve a Fundamental Freedom, ERISI-1191.
Impartial Decision-Making Is Fundamental, ERISI-1192.
Involves the Exercise of State Police Power, ERISI-1193.
Irrefutable Presumption That Sex Offender Constitutes a Threat to Children Found to Be Reasonable, ERISI-1194.
Not Offended By Properly Conceived Temporary Building Moratorium, ERISI-1195.
Procedural —
1983 Suit For Violation of Examined, ERISI-1196.
Court-Appointed Expert Testimony Utilized Without Cross-Examination, ERISI-1197.
Citrus Canker Law Found Not to Violate, ERISI-1198.
Defined & Discussed, ERISI-1199.
Denial of Right of Cross-Examination, ERISI-1200.
Denial of a Continuance Found Not Violative, ERISI-1201.
Failure to Allow Full Presentation of Testimony or Evidence, ERISI-1202.
Failure to Comply With Procedural Requirements of City’s Own Ordinance, ERISI-1203.
Found Violated By Lack of Notice, ERISI-1204.
Impartial Decision-Making Is Fundamental, ERISI-1205.
Insufficient Time to Make a Presentation, ERISI-1206.
Lack of, ERISI-1207.
Lack of Found Not Proven, ERISI-1208.
Lack of Found Proven, ERISI-1209.
Notice & An Opportunity to Be Heard Are Essential Elements, ERISI-1210.
Parameters of Vary With Requirements of the Particular Proceeding, ERISI-1211.
Predeprivation Hearing Not Always Required, ERISI-1212.
Quality of Required For Quasi-Judicial Hearing Is Lesser Than For a Full Judicial Proceeding, ERISI-1213.
Requirements Regarding Vary With the Proceeding, ERISI-1214.
Requiring a Fee To Allow Defense Against a Quasi-Judicial Action, ERISI-1215.
Reliance On Hearsay Alone In Absence of An Opportunity to Challenge to Same, ERISI-1216.
Residential Property Accorded Special Protection, ERISI-1217.
Test For In Quasi-Judicial Proceedings, ERISI-1218.
Three (3) Part Test, ERISI-1219.
Time Limitations, ERISI-1220.
Violations Found, ERISI-1221.
Rational Basis Standard Governs Other Than Fundamental Freedoms, ERISI-1222.
Subsequent Purchaser Held Liable For Code Enforcement Violations of Predecessor — Does Not Offend, ERISI-1223.
Substantive —
Citrus Canker Law Found Not to Violate, ERISI-1224.
Defined & Discussed, ERISI-1225.
Fairly Debatable Standard Utilized, ERISI-1226.
Fundamental Rights — Defined & Discussed, ERISI-1227.
Fundamental Rights — Strict Scrutiny, ERISI-1228.
Non-Fundamental Rights — Rational Basis Standard, ERISI-1229.
Rational Basis Test — Highly Deferential, ERISI-1230.
Reasonable Relationship Test, ERISI-1231.
Test For When Considering An Ordinance, ERISI-1232.
Third Parties Sometimes Can Assert, ERISI-1233.
Violation of Found Not to Give Rise to Claim For Money Damages, ERISI-1234.
Equal Protection Clause —
Selective Enforcement — Code Enforcement — Proof of, ERISI-1235.
Selective Enforcement — Found Prohibited & Quashed, ERISI-1236.
Essential Elements of Examined, ERISI-1237.
Ex Post Facto Law —
Five (5) Part Test For, ERISI-1238.
Residency Restriction On Sex Offenders Found Not to Violate, ERISI-1239.
Failure to Grant Motion For Continuance or Rehearing, ERISI-1240.
Home Rule Power —
Challenge to Local Ordinance Must Be Commenced As Original Proceeding In Circuit Court, ERISI-1241.
Local Ordinances Need Merely Not Conflict With State Statutes or Constitution, ERISI-1242.
Quasi-Judicial Proceedings, ERISI-1243.
Subsequent Purchaser Held Liable For Code Enforcement Violations of Predecessor — Does Not Offend, ERISI-1244.
Impairment of Contract —
Test For Examined, ERISI-1245.
Legislative Prerogative —
Judicial Review Is Strictly Limited, ERISI-1246.
Nondelegation of Legislative Power (See Also Separation of Powers) —
Bert J. Harris Act Found Not to Violate, ERISI-1247.
City Ordinance Found to Vest Undue Discretion In Those Who Enforce It, ERISI-1248.
Discussed, ERISI-1249.
Police Power — State of Fla. —
Environmental & Land Use Regulation —
Due Process Analysis, ERISI-1250.
Legislature Is Not Limited to Acting Only Where There Is Scientific Certainty, ERISI-1251.
Protection of Public Health, Safety & Welfare — Legislature Is Vested With Great Discretion, ERISI-1252.
Public Nuisance Can Be Abated, ERISI-1253.
Whether the Best Means Have Been Chosen By the Legislature Is An Inappropriate Judicial Inquiry, ERISI-1254.
Privacy —
Challenge to Noise Ordinance On Basis of Rejected, ERISI-1255.
Prohibition On Using Public Taxing Power Or Credit to Aid Private Person Or Entity, 02:228.
Subsequent Purchaser Held Liable For Code Enforcement Violations of Predecessor — Does Not Offend, ERISI-1256.
Rules (See RULES & RULEMAKING, Constitutional Challenge)
Rules of Civil Procedure In Conflict With, ERISI-1257.
Separation of Powers (See Also Nondelegation of Legislative Power) —
Bert J. Harris Act Found Not to Violate, ERISI-1258.
Limitation On Court Injunctions Against Administrative Agencies, ERISI-1259.
Statute Cannot Amend Or Promulgate Rules of Court Procedure, ERISI-1260.
State of Florida Constitution Is a Limit On State Power Unlike the Federal Constitution, ERISI-1261.
Statutes (See Also APPELLATE REVIEW; STATUTES) —
As Applied — Standards For Determining the Validity, ERISI-1262.
Burden of Proof Is On Challenger & Is Heavy, ERISI-1263.
Construction — Appellate Court Does Not Necessarily Have to Defer to Action Taken Below, ERISI-1264.
Courts Review the Final Product Not Internal Operating Procedures of the Legislature, ERISI-1265.
Ex Post Facto Challenge Rejected, ERISI-1266.
Facial Constitutionality Cannot Be Reached In An Administrative Proceeding, ERISI-1267.
Facial Validity — Test For, ERISI-1268.
General Vis Special Laws, ERISI-1269.
Overbreadth Discussed, ERISI-1270.
Presumed to Be Constitutional, ERISI-1271.
Reasonableness Standards Are Frequently Upheld, ERISI-1272.
Severability of Invalid Provision — Four (4) Part Test For, ERISI-1273.
Severability of Invalid Provisions, ERISI-1274.
Single Subject Rule — Violation Found Cured By Readoption, ERISI-1275.
Single Subject Rule Found Not Violated, ERISI-1276.
Standing to Bring a Constitutional Challenge, ERISI-1277.
Vagueness (See Also RULES & RULEMAKING) —
County Ordinance Found Void For Vagueness, ERISI-1278.
Failure to Define Key Statutory Term Alone Does Not Give Rise to, ERISI-1279.
Ordinance Found Not to Offend Prohibition On, ERISI-1280.
Ordinance Found to Offend Prohibition On, ERISI-1281.
Standard Governing Determination of, ERISI-1282.
Statute Found Not to Offend Prohibition On, ERISI-1283.
Double Jeopardy —
Administrative Sanctions Against License Simultaneous With Criminal Penalties Does Not Constitute, ERISI-1284.
Equal Protection Clause —
Homeless Persons Are Not a Suspect Class, ERISI-1285.
Local Ordinance Found Not to Violate, ERISI-1286.
No Camping Municipal Ordinance, ERISI-1287.
Rational Basis Analysis Examined, ERISI-1288.
Sleeping Outdoors Is Not a Fundamental Right, ERISI-1289.
Ex Post Factor/Double Jeopardy —
Five (5) Part Test For, 08:037-J.
Prohibition On Sexual Predators Within 2,500 Feet of Certain Places Frequented By Children Found Not to Be Puntative, ERISI-1290.
First Amendment —
Adult Entertainment — Constitutional Challenge to Ordinance Rejected, ERISI-1291.
Adult Entertainment — Licensing Requirements, ERISI-1292.
Adult Establishments — Licensing Ordinance Must Be Analyzed As a Prior Restraint, ERISI-1293.
Content-Based Restrictions Are Presumed to Be Invalid, ERISI-1294.
Content-Based Restrictions — Strict Scrutiny Test, ERISI-1295.
Content-Neutral Restrictions — Ample Alternative Channels For Communication Must Be Provided, ERISI-1296.
Content-Neutral Restrictions — Three (3) Part Test For Validity of, ERISI-1297.
Expressive Conduct — Public Nudity — Test For, 03:124-J, 05:148-J.
Statute Found Not to Offend Prohibition On, ERISI-1298.
Free Speech Restrictions At State Parks, ERISI-1299.
Overbreath Doctrine — Found Not Offended —
Prohibition On Sexual Predators From Residing Within 2,500 Feet of Certain Places Frequented By Children, ERISI-1300.
Permissible Regulation of Free Speech Examined, ERISI-1301.
Prior Restraints Heavily Presumed to Be Unconstitutional, ERISI-1302.
Recreational (Rave) Dancing Is Not a Protected Activity, ERISI-1303.
Speech —
Street Performance — Ordinance Restricting & Regulating Invalidated As Overbroad, ERISI-1304.
Fourth Amendment —
Administrative Searches — Code Enforcement — Consent — Warrants, ERISI-1305.
Circuit Court Warrant Not Prerequisite to Demolition of An Unsafe Building, ERISI-1306.
Import-Export Clause —
Imposes An Absolute Ban On Conflicting Enactments, ERISI-1307.
State of Florida Constitution Is a Limit On State Power Unlike the Federal Constitution, ERISI-1308.
Construction (See STATUTES)
Decertification From Approved Vendors List —
Imposed Due to Material Breach of Contract, ERISI-1309.
South Florida Water Management Dist. —
Invasive Exotic Plant Control —
Contractor Suspended From Doing Work Due to a Material Breach of Contract, ERISI-1310.
287 Provides No Remedy For Agency Failure to Comply With Statutory Mandates, ERISI-1311.
Agencies Have Wide Discretion In Soliciting & Accepting Bids, ERISI-1312.
Bid Specifications —
Agency Is Free to Specify the Level of Bonding Required, ERISI-1313.
Ambiguous & Confusing — Rejection of All Bids Is Appropriate, ERISI-1314.
Bids Must Be Evaluated Solely On the Basis of Bid Specifications, ERISI-1315.
Bids Must Strictly Adhere to, ERISI-1316.
Challenge to Involves a Mixed Question of Fact & Law, ERISI-1317.
Clarification Regarding Must Be Sought In a Timely Fashion, ERISI-1318.
Material Deviation — Examined, ERISI-1319.
Material Deviation — Savings to Taxpayer Cannot Justify, ERISI-1320.
Material Deviation — Two (2) Part Test For, ERISI-1321.
Minor Irregularities Can Be Cured, ERISI-1322.
Untimely Challenge to Results In Waiver, ERISI-1323.
Bond —
Failure of Bonding Entity to Possess the Specified Rating Found to Be Material, ERISI-1324.
Purpose of Examined, ERISI-1325.
DEP (Dept. of Environmental Protection) —
Abatement of Imminent Hazard From Abandoned Phosphogypsum Stacks, ERISI-1326.
Construction of New & Modification of Existing Concession Buildings At Hillsborough River State Park, ERISI-1327.
Eden Garden State Park Day Use Recreation Area, ERISI-1328.
Mechanical Reduction of Floating Islands and Tussocks In Lakes & Rivers, ERISI-1329.
Mechanical Removal of Exotic Plants Within Sebastian Inlet State Park, ERISI-1330.
Protest —
Arbitrary Action Discussed, ERISI-1331.
Capricious Action Discussed, ERISI-1332.
Clearly Erroneous Agency Action Discussed, ERISI-1333.
Conflict of Interest, ERISI-1334.
Contrary to Competition Agency Action Discussed, ERISI-1335.
DEP Accorded Special Reference When Acting Pursuant to Abatement of Imminent Hazard Powers, ERISI-1336.
Standard of DOAH Review —
Clearly Erroneous, Arbitrary, and Capricious Are Review Standards Rather Than Standards of Proof, ERISI-1337.
De Novo Proceeding Subject to the Same Procedural Requirements As Other Formal Proceedings, ERISI-1338.
Form of Intra-Agency Review Differing From Other 120.57 Proceedings, ERISI-1339.
Found Not De Novo As With Other 120 Proceedings, ERISI-1340.
Hybrid Proceeding Analogous to An Appellate Trial, ERISI-1341.
Intra Agency Review Where DOAH Evaluates Rather Than Formulates Prior Agency Action, ERISI-1342.
Proper For DOAH Not to Recommend A Specific Agency Action –Intra-Agency Hybrid Review, ERISI-1343.
Proper For DOAH Not to Recommend A Specific Agency Action, ERISI-1344.
Solely to Ascertain Fraudulent, Arbitrary, Illegal or Dishonest Agency Action, ERISI-1345.
Standard of Proof Is a Preponderance of the Evidence, ERISI-1346.
Standard of Proof Is the Same As For Other 120 Proceedings, ERISI-1347.
Standing (See PRACTICE & PROCEDURE, Intervenors)
Stops the Bid Solicitation Process, ERISI-1348.
Rejection of All Bids, ERISI-1349.
Responsive Bid —
Can Only Be Made By a Qualified Bidder, ERISI-1350.
Defined, ERISI-1351.
Determined By the Agency, ERISI-1352.
Discussed, ERISI-1353.
Circuit Court Approves Rezoning From Residential to CB, ERISI-1354.
Circuit Court Dismisses Certiorari Challenge to Constitutionality of An Ordinance, ERISI-1355.
Circuit Court Dismisses Challenge to Zoning Action In Regard to Commercial Structure Approved 30 Years Ago, ERISI-1356.
Circuit Court Order For Demolition & Removal of Telecommunications Tower —
Third Party Challenge On Basis That City Approval of Location In Public Park Violated Pertinent Deed Restriction — Affirmed, ERISI-1357.
Code Enforcement Bd. —
Circuit Court Affirmance of Citation For Parking a Pickup Truck On Street At Rental House With No Garage Reversed, ERISI-1358.
Citation For Parking a 122′ Yacht On a 100′ Wide Waterfront Lot —
Circuit Court Reversal Quashed/Remanded, ERISI-1359.
City Dismissal of Citation For Docking 122 Foot Yacht On Lot 100 Feet Wide Reversed, ERISI-1360.
City Is Justly Regarded As the “City Beautiful” But “Impermissible Interference With Personal Rights” Not Contemplated, ERISI-1361.
Denial of Application to Split Adjoining Lots For Construction of a Second Residential Structure —
Circuit Court Reverses Denial On Basis of Language In the Pertinent City Codes, ERISI-1362.
Variance —
Circuit Court Affirmance of a Variance to Permit Installation of a Metal Roof On a Single Family Residence Affirmed, ERISI-1363.
Circuit Court Affirmance of Temporary Moratorium On Site Plan Applications Affirmed, ERISI-1364.
Circuit Court Challenge to Zoning Ordinances As a Regulatory Taking Reversed, ERISI-1365.
120 (APA) (See Also PRACTICE & PROCEDURE) —
Is Generally Applicable, ERISI-1366.
Agricultural Activities (See Also COMMUNITY AFFAIRS, Dept. of, Comprehensive Plan) —
163.3162(4) Prohibits Adoption of New Ordinances to Limit — It Does Not Prevent Enforcement of Existing Ordinances, ERISI-1367.
Alcoholic Beverage Establishments —
Unique Regulatory Powers Regarding Examined, ERISI-1368.
Animal Control Bd. —
Circuit Court Affirms Classification of a Dog As Vicious After An Unprovoked Attack Resulting In a Serious Injury, ERISI-1369.
Annexation (See Also CITY GOVERNMENT)
Annexation — Two (2) Types of Examined — Voluntary & By Referendum, ERISI-1370.
Annexation — Voluntary —
Ballot Charter Amendment Providing An Exclusive Method, ERISI-1371.
Charter Counties Have Been Encouraged By Legislature to Engage In Local Experimentation, ERISI-1372.
Circuit Court Invalidates In Part Finding An Enclave & Lack of Compactness, ERISI-1373.
County Prescription of An Exclusive Method For Must Be By Charter Amendment Not By Ordinance, ERISI-1374.
Found to Render Developer’s Agreement With County Ineffective, ERISI-1375.
Need Not Comply With Any Comprehensive Plan, ERISI-1376.
Subject to County Laws & Regulations Until the City Amends Its Comprehensive Plan to Include the Newly Annexed Property, ERISI-1377.
Appellate Review of Quasi-Judicial Action —
Fact Findings Supported By Some Competent Substantial Evidence Cannot Be Disturbed, ERISI-1378.
Beach Access —
Circuit Court Ordered to Enforce Ordinance Prohibiting Obstruction of Public Beach Access Points, ERISI-1379.
Public Right to Protection Under the Public Trust Doctrine, ERISI-1380.
Beach Driving Restrictions —
Internal Improvement Trust Fund Has Never Required a Consent of Use or Imposed Regulations, ERISI-1381.
Beachfront Private Property —
Public Trust Doctrine From Common Law Is Codified In Fla. Constitution, ERISI-1382.
Bond Issue Secured By Ad Valorem Taxes —
Ad Valorem Taxes Need Not Actually Be Levied Prior to Issuance of, ERISI-1383.
Referendum Found Not Required, ERISI-1384.
Tax Increment Financing Exhaustively Explored, ERISI-1385.
Two (2) Public Readings of the Ordinance Found Not Required, ERISI-1386.
Building Code — Statewide —
Enforcement of Is Not Intended to Impede Actions of Other Governmental Agencies, ERISI-1387.
Purpose of Examined, ERISI-1388.
Building Official —
Appeals From Determinations & Interpretations Building Codes Bd. of Appeals & Adjustment, ERISI-1389.
Charter Amendment (See Also CITY GOVERNMENT) —
Amendment to Must Be Consistent With Florida Constitution, General Law and Special Law, ERISI-1390.
Charter County —
Broad Home Rule Power, ERISI-1391.
Charter County May Preempt Conflicting Municipal Ordinance Without a Dual Vote By the City’s Electorate, ERISI-1392.
Fla. Constitution Does Not Impose a Single Subject Rule On Amendments — Such a Limitation Must Be Found Within the Charter Itself, ERISI-1393.
Power to Preempt Conflicting Municipal Ordinances Examined, ERISI-1394.
Powers of Examined, ERISI-1395.
Powers of Limited To Consistency With General State Law, ERISI-1396.
Vested With Municipal Powers, ERISI-1397.
Code Enforcement Bd. (See Also CITY GOVERNMENT) —
162, Part I — There Appears to Be No Statute of Limitations, ERISI-1398.
42 U.S.C. 1983 Action Can Be Maintained Against County, ERISI-1399.
Adequate Notice Found Provided, ERISI-1400.
Authority to Either Adopt 162 or to Establish An Alternative System Examined, ERISI-1401.
Code Enforcement Inspectors — Authority to Conduct Administrative Searches — Consent — Search Warrants, ERISI-1402.
Correction of Violation After-the-Fact Does Not Preclude Enforcement Action, ERISI-1403.
Costs — Payroll Expenses For Employees Are Not Recoverable, ERISI-1404.
Farm — Property Cited For Junk Determined Not to Constitute, ERISI-1405.
Filing Fees When Local Government Enforces Its Ordinances —
Circuit Court Denial of Constitutional Challenge to 2004 Statute Reversed, ERISI-1406.
Finding of a Violation — Hearing Not Required Before Issuance of An Order Imposing a Fine, ERISI-1407.
Fine — Reduction of Is Purely Discretionary, ERISI-1408.
Implied Preemption By State Regulatory Scheme Discussed, ERISI-1409.
Laches Found Applicable to Municipal Code Enforcement Proceedings, ERISI-1410.
Lien Related to —
Circuit Court Order to Subordinate Lien to New Mortgage Reversed, ERISI-1411.
Removed Due to Procedural Due Process Violations, ERISI-1412.
Runs In Favor of County & Can Be Foreclosed On Within Three (3) Months, ERISI-1413.
Notice — Challenge to Rejected, ERISI-1414.
Notice of Violation Found to Be Defective, ERISI-1415.
Notice of Violation Found to Be Vague, ERISI-1416.
Nuisance Abatement Bd. —
Drug Activity On Residential Rental Property, ERISI-1417.
Illegal Drug Sales At Rental Property — Selective Enforcement On Basis of Race Found After Contrary Circuit Court Ruling, ERISI-1418.
Inherent Local Authority to Abate Examined, ERISI-1419.
Penalty of Community Service Upheld, ERISI-1420.
Presumption of Correctness, ERISI-1421.
Procedural Due Process Requirements Examined (See Also CONSTITUTION (Fla.), Due Process) —
Residences Enjoy Special Protection, ERISI-1422.
Recording of Order Imposing Fine and/or Costs Constitutes a Lien, ERISI-1423.
Renovations Without a Permit Must Still Meet Code Even If Utilized Unlawfully For Many Years, ERISI-1424.
Unsafe & Inadequate Housing, ERISI-1425.
Violation of Conservation Easement, ERISI-1426.
Violations Run With the Land & Attach to Subsequent Purchasers, ERISI-1427.
Warrantless Search of Cited Property, ERISI-1428.
Dedication of Land By Private Person For Public Use —
Burden & Quality of Proof Examined, ERISI-1429.
Common Law Definition of Examined, ERISI-1430.
Duration of Examined, ERISI-1431.
Easement Distinguished From, ERISI-1432.
Elements of Examined, ERISI-1433.
Express Vis Implied, ERISI-1434.
Status As a Mere Revocable License That Cannot Be Transferred, ERISI-1435.
Demolition of Building Out-of-Compliance With the Building Code —
Circuit Court Affirms Denial of Extension of Time, ERISI-1436.
Circuit Court Warrant Found Not Prerequisite to, ERISI-1437.
Developer’s Agreement —
Annexation By City Found To Vitiate County Control Over, ERISI-1438.
Contract Zoning Provision Found Unenforceable, ERISI-1439.
Injunction Prohibiting County Performance Does Not Amount to a Breach, ERISI-1440.
Must Comport With Local Land Use Plan, ERISI-1441.
Permitted By Florida Statute, ERISI-1442.
Development Order (See Also CITY GOVERNMENT) —
Can Be Denied If In Conflict With Any Objective of the Comprehensive Plan, ERISI-1443.
Development Order & Development Agreement Distinguished & Discussed, ERISI-1444.
Eagle Nest On Applicant’s Property, ERISI-1445.
Inconsistency With Local Comprehensive Plan (See ADMINISTRATIVE HEARINGS, Div. of; CITY GOVERNMENT; COMMUNITY AFFAIRS, Dept. of)
Inconsistency With Local Comprehensive Plan — Circuit Court Certiorari Proceeding Cannot Be Used For Collateral Attack — Declaratory or Injunctive Relief Actions Only, ERISI-1446.
Written Notice of Denial Required By Statute As of 10/1/06, ERISI-1447.
Development of Regional Impact (DRI) (See Also COMMUNITY AFFAIRS, Dept. of, Binding Letter, DRI) —
Non-Substantial Deviations Do Not Cause Loss of Vested Rights, ERISI-1448.
Substantial Deviations Cause Loss of Vested Rights, ERISI-1449.
Distinction Between Legislative & Judicial Action Examined, ERISI-1450.
Expenditure of Public Funds to Maintain Private Roads, ERISI-1451.
Fire Safety Inspections —
New Educational Facilities, ERISI-1452.
Fireworks — Regulation of Sale —
Not Preempted By the State, ERISI-1453.
Fishing — Salt Water — From Public Property —
A Local Government Can Only Prohibit – Not Regulate, ERISI-1454.
Authority to Regulate Examined, ERISI-1455.
State Preemption Does Not Preclude Cooperative Jurisdictional Arrangement, ERISI-1456.
Floating Structures & Live-Aboard Vessels —
County Authority Under 327.60 Is Inferior to Bd. of Internal Improvement Trust Fund Propriety Rights As Owner of Sovereign Submerged Land, ERISI-1457.
Home Rule Power (See CONSTITUTION (Fla.))
Impact Fees —
Concurrency Requirements & Modern Financing Requirements Make Distinguishing Between Existing System & New System Requirements Difficult, 07:108-J.
Defined & Discussed, ERISI-1458.
Dual Rational Nexus Test Examined, ERISI-1459.
Litter Law —
Illegally Draining Hazardous Fuel Onto the Ground, ERISI-1460.
Statutory Prohibition Is Applicable to Dumping On One’s Own Property, ERISI-1461.
Local Comprehensive Plan (See Also CITY GOVERNMENT; COMMUNITY AFFAIRS, Dept. of) —
Akin to a Constitution That Governs All Future Development, ERISI-1462.
Challenge to Development Order As Inconsistent With (See Also ADMINISTRATIVE HEARINGS, Div. of; CITY GOVERNMENT; COMMUNITY AFFAIRS, Dept. of) —
163.3215 Is a Remedial Statute That Should Be Liberally Construed, ERISI-1463.
163.3215 Provides For Liberalized Standing — Adversely Affected Party Defined & Discussed, ERISI-1464.
Action On a Development Order – Not Application For – Triggers 163.3215, ERISI-1465.
Circuit Court Dismissal of Third Party Challenge For Lack of Standing Reversed, ERISI-1466.
Presuit Notice Found to Be a Condition Precedent & Lacking, ERISI-1467.
Standards Governing Discussed, ERISI-1468.
Standing (See Also PRACTICE & PROCEDURE, Intervenors)
Standing — Standard Governing Examined, ERISI-1469.
Standing — Test For Examined, ERISI-1470.
Coconut Creek Challenge to Deerfield Beach Development Order Regarding Power Plant —
Circuit Court Affirmance Affirmed, ERISI-1471.
Purpose of, ERISI-1472.
Purpose of Examined, ERISI-1473.
Sewer & Roadway Improvements Within the Rights-of-Way Are Not Subject to 163, ERISI-1474.
Zoning —
May Limit Future Uses Contemplated, ERISI-1475.
Manufactured Housing —
553.38 Prohibits Discrimination Against, ERISI-1476.
Authority of County to Enact Architectural & Aesthetic Requirements, ERISI-1477.
Marion County Ordinance Struck Down As Discriminatory, ERISI-1478.
Ordinance (See Also CITY GOVERNMENT) —
Aesthetic Grounds Alone In Support of Found Inadequate, ERISI-1479.
Agency Construction Entitled to Great Weight, ERISI-1480.
Amendment — Should Not Be Read As Amending Non-Referenced Provisions By Implication, ERISI-1481.
Burden of Proof Is On Challenger & Is Heavy, ERISI-1482.
Can Be Made Contingent On Happening of a Future Event, ERISI-1483.
Cannot Contradict State Statute, ERISI-1484.
Constitutional Challenge (See Also CONSTITUTION (Fla.) (U.S.))
Construction (See Also STATUTES)
Presumption of Validity, ERISI-1485.
Permissive Enactments Narrowly Construed, ERISI-1486.
Restrictive Enactments Narrowly Construed, ERISI-1487.
Substantial Relationship Test, ERISI-1488.
Presumed to be Constitutional, ERISI-1489.
Principals of Statutory Construction Found to Apply, ERISI-1490.
County Interpretation of Found Entitled to Deference, ERISI-1491.
Found Neither Vague Nor Overbroad, ERISI-1492.
Material or Substantial Changes During the Enactment Process —
Public Must Be Allowed to Inspect All Drafts Prior to Enactment, ERISI-1493.
Requirement That Process Begin Anew, ERISI-1494.
Noise — Barking Dogs In Residential Area — Restriction — Constitutional Challenge Rejected, ERISI-1495.
Notice of Proposed Titled Alone Is Required, ERISI-1496.
Objective Criteria Are Mandatory, ERISI-1497.
Outdoor Sleeping — Ordinance Prohibiting Held to Be Unconstitutional & Vague, ERISI-1498.
Palm Beach County — Constitutional Challenge — Motion to Dismiss Citation Denied, ERISI-1499.
Parking — Prohibition On Parking a Commercial Vehicle In a Residential Area, ERISI-1500.
Preemption (See Also STATUTES)
Preemption By State Statute Discussed, ERISI-1501.
Preemption Must Be Either Express or Implied & Is Not Presumed, ERISI-1502.
Rational Relationship Between Regulation & Legitimate Goal Is Required & Found Lacking, ERISI-1503.
Reasonableness Standard In Lieu of Objective Standard Upheld, ERISI-1504.
Right to Farm Act As a Shield Against Enforcement, ERISI-1505.
Title — Purpose — Requirements, ERISI-1506.
Vagueness (See Also CONSTITUTION (Fla.), Statutes)
Vagueness — Penal Provision — Standard Governing Determination of Examined, ERISI-1507.
Vagueness — Reasonableness Standard Is Not Vague Per Se, ERISI-1508.
Vagueness — Standard Governing Determination of Examined, ERISI-1509.
Vagueness Challenge Rejected, ERISI-1510.
Permit (See Also PERMITS) —
Agricultural Nonresidential Farm Buildings Are Statutorily Exempt From Local Permitting & the Building Code, ERISI-1511.
Building Code — Statewide —
Enforcement of Is Not Intended to Impede Local Land Development Regulations, ERISI-1512.
Purpose of Examined, ERISI-1513.
Moratorium On Issuance —
Legal Standards Governing Discussed, ERISI-1514.
Purpose of Examined, ERISI-1515.
Quasi-Judicial Action Test of Snyder (See Also PRACTICE & PROCEDURE, Ex Parte Communications) —
Count Is Bound By Own Rules, ERISI-1516.
County Need Not Enter Written Order, ERISI-1517.
Distinction Between Judicial & Legislative Action, ERISI-1518.
Due Process Requirements For Hearing Discussed, ERISI-1519.
Fairly Debatable Test Discussed, ERISI-1520.
Legislated Criteria Cannot Be Ignored — Instead Must Be Adhered to, ERISI-1521.
Reviewable Only By Common Law Certiorari — Circuit Court Lacks Jurisdiction to Review, ERISI-1522.
Radio Broadcast Towers —
Local Governmental Duty of Accommodation Examined, ERISI-1523.
Referendums (See Also Charter Amendments, CITY GOVERNMENT) —
Ballot Summary Found Not to Be Misleading, ERISI-1524.
Single Subject Rule Found Not Violated, ERISI-1525.
Residency Restriction For Sex Offenders —
As Applied Exception For Offenders Who Are Proven to Be Harmless, ERISI-1526.
Constitutional Challenges to Rejected — Dade County, ERISI-1527.
Rights-of-Way —
Charter County Found to Have Authority to Impose Fee For Right to Utilize On Telecommunications Companies, ERISI-1528.
Solid Waste —
Prohibition On Acceptance of Out-of-Region Waste, ERISI-1529.
Special Assessment —
Two (2) Prong Test For Determining the Validity of, ERISI-1530.
Undergrounding of Electric Transmission Lines, ERISI-1531.
Vested Rights Determination (See MONROE COUNTY)
Wildlife — Captive — Permitted —
County Cannot Prohibit Possession But Can Regulate Zoning & Prevent Nuisances, ERISI-1532.