Appellate Court Issues Writ of Prohibition Removing Presiding Circuit Court Judge From An Eminent Domain Proceeding, ERISI-3051.
Circuit Court Affirms Special Master Final Order Regarding Code Violators, ERISI-3052.
Circuit Court Dismissal of City Suit to Foreclose Certain Utility & Special Assessment Liens Affirmed —
Statute of Limitations Found to Preclude Suit, ERISI-3053.
120.54(4) Proposed Rule Challenge —
DEP (Dept. of Environmental Protection) —
Phosphorous Load Limits In the Lake Okeechobee Basin — Total Maximum Daily Load For Total Phosphorous, ERISI-3054.
120.56 Adopted Rule Challenge —
St. Johns River Water Management Dist. —
Management & Storage of Surface Waters, ERISI-3055.
Agency Bound By Own Rule, 02:047, 02:070, 05:084, 05:098-J, 07:136, 07:183.
Burden of Proof In a Challenge to Validity —
Establishment & Effect of the Prima Facie Case, ERISI-3056.
Petitioner Has the Burden of Going Forward, ERISI-3057.
Appellate Review (See Also APPELLATE REVIEW) —
Scope of Is Limited, ERISI-3058.
Arbitrary & Capricious —
Defined, ERISI-3059.
Proposed Rule Found Not to Be, ERISI-3060.
Proposed Rule Found to Be, ERISI-3061.
Rule Found Not to Be, ERISI-3062.
Rule Found to Be, ERISI-3063.
Standard Governing Determination of, ERISI-3064.
As Applied —
Challenge to Must Be In 120.57(1) Proceeding, ERISI-3065.
Burden of Proof (See Also Unpromulgated Rule; PRACTICE & PROCEDURE) —
On Those Who Challenge Validity, ERISI-3066.
Preponderance of the Evidence, ERISI-3067.
Proposed Rules — Respective Burdens of Proof Examined, ERISI-3068.
Constitutional Challenge (See Also CONSTITUTION (Fla.) (U.S.) —
Agencies Cannot Reach Issue of Facial Validity, ERISI-3069.
DOAH Cannot Consider For Adopted Rules, ERISI-3070.
Rational Basis Test Is Utilized Absent Suspect Class or Fundamental Rights, ERISI-3071.
Construction (See Also CITY GOVERNMENT, Ordinance; CONSTITUTION (Fla.); STATUTES) —
Agency Construction Entitled to Great Weight, ERISI-3072.
Plain Meaning of Ordinary Words Is the First Consideration, ERISI-3073.
Ridiculous Result Necessarily Erroneous, ERISI-3074.
Variance or Waiver —
Community Affairs (See COMMUNITY AFFAIRS, Dept. of)
Environmental Protection (See ENVIRONMENTAL PROTECTION, Dept. of (DEP))
Invalidity (120.54(4)), Proposed Rule —
Citrus —
Box Tax — Equalization Tax On Non-Florida U.S. Juice, ERISI-3075.
Notice of Violation/Order For Corrective Action —
Dredge & Fill Without Permit —
Wetlands Contiguous to the Withlacooche River, ERISI-3076.
Petroleum Product Spills — Constructive Notice to Affected Tenants, ERISI-3077.
Requirement For Constructive Notice to Tenants of Real Property Into Which the Temporary Point of Compliance Is Allowed For Petroleum Product Spills, ERISI-3078.
Standard Governing Review of, ERISI-3079.
Standard Governing Review of, ERISI-3080.
Invalidity (120.56), Adopted Rule —
Building Comm. —
Pool Alarm Rule — Doors & Windows Providing Direct Access — Reversed, ERISI-3081.
Community Affairs —
Building Comm. — Pool Access Doors & Windows Alarm Requirements, ERISI-3082.
Proposed Rules —
1996 Amendments Regarding Agency Burden of Proof Did Not Negate Previously Existing Degree of Reference Owed, ERISI-3083.
Adopted As of the Date of Filing, ERISI-3084.
Agency Has Ultimate Burden of Proof Regarding Validity Pursuant to 10/96 Amendment to 120, ERISI-3085.
Agency Has the Burden of Proof Regarding — 10/1/96 APA Amendment Discussed, ERISI-3086.
No Presumption of Validity, ERISI-3087.
Nonpenal Provisions Are Reviewed According to a Less Demanding Standard, ERISI-3088.
Statement of Estimated Regulatory Costs (SERC) —
Absolute Certainty & Finite Precision Is Not Required, ERISI-3089.
Agency Is Required to Prepare If Affected Person Submits a Bona Fide Lower Cost Regulatory Alternative, ERISI-3090.
Completion of Revised SERC Just Before the Final Hearing Found Not to Constitute a Material Error In Procedure, ERISI-3091.
Rule —
120.57 Cannot Be Used to Challenge Validity, ERISI-3092.
Agency Failure to Adopt Statutorily Mandated Rules, ERISI-3093.
Cannot Be Filed With the Dept. of State While a Proposed Rule Challenge Is Pending, ERISI-3094.
Defined, ERISI-3095.
Definition Found to Turn On Kind of Power Exercised, ERISI-3096.
Documents Are Incorporated By Reference As They Exist As of the Date of Rule Adoption, ERISI-3097.
Failure to Establish Adequate Standards —
Claim of Examined & Rejected, ERISI-3098.
Matters Outside Scope of Petition Challenging Cannot Be Reached, ERISI-3099.
Practical Limit to Requisite Specificity Discussed, ERISI-3100.
Repeal — Found to Constitute a Statement of General Applicability In Fact Implementing New Rules, ERISI-3101.
Repeal — Invalidated On Basis of Failure to Follow Requisite Procedures, ERISI-3102.
Repeal — Status As a Rule, ERISI-3103.
Rule Challenge Proceeding Is De Novo, ERISI-3104.
Rulemaking —
120.54(5) Petition to Initiate —
Agency Has Discretion to Reject, ERISI-3105.
Denied, ERISI-3106.
Standing — Found Lacking, ERISI-3107.
Standing — Two (2) Prong Test, ERISI-3108.
Rulemaking Authority —
Agency Found Not to Have Exceeded, ERISI-3109.
Constitutional Basis For —
Legislature Is Prohibited From Promulgating Statutes In Conflict With Rules Based On, ERISI-3110.
Rules Are Not Subject to APA Review, ERISI-3111.
Standard Governing Appellate Review Examined, ERISI-3112.
Strong Presumption of Validity Examined, ERISI-3113.
Enabling Statute Declared Unconstitutional — Rules Promulgated Thereunder Declared Unconstitutional, ERISI-3114.
Explicit Statutory Authority Is Now Required, ERISI-3115.
Limited to Statutory Provision Cited As Authority, ERISI-3116.
Limited to That Expressly Provided By Statute, ERISI-3117.
Repeal of Enabling Statute Expires Appurtenant Administrative Rules, ERISI-3118.
Specific Grant of Is Now Required, ERISI-3119.
Statute — Complex, Technical or Scientific Provisions Require Additional Deference to Agency Discretion, ERISI-3120.
Standing (See Also Unpromulgated Rule, Variance; PRACTICE & PROCEDURE, Intervenors) —
Associations —
Found, ERISI-3121.
Found Lacking, ERISI-3122.
Three (3) Part Test For, ERISI-3123.
Two (2)-Prong Test, ERISI-3124.
Burden of Proof Regarding Is By a Preponderance of the Evidence, ERISI-3125.
Injury-In-Fact —
Defined & Discussed, ERISI-3126.
Must Not Be Based On Pure Conjecture, ERISI-3127.
Views Through Adjoining Property Are Not Protected, ERISI-3128.
None to Enforce Parallel Third Party Stipulations, ERISI-3129.
Substantially Affected, ERISI-3130.
Zone of Interest —
Defined & Discussed, ERISI-3131.
Unpromulgated Rule (See Also PRACTICE & PROCEDURE, Nonrule Policy) —
120.57(1) Cannot Be Utilized to Challenge, ERISI-3132.
Appellate Court Directly Invalidates — DEP Analytical Testing of Petroleum Product Spills, ERISI-3133.
Attorney’s Fees & Costs (See PRACTICE & PROCEDURE)
Burden of Proof (See Also Burden of Proof) —
On Petitioner By a Preponderance of the Evidence, ERISI-3134.
Challenge Becomes Moot If the Agency Initiates Appropriate Rulemaking, ERISI-3135.
Characterization of As An Internal Management Memorandum Rejected, ERISI-3136.
Community Affairs —
Review of City of Parker’s Comprehensive Plan Amendment, ERISI-3137.
DEP (Environmental Protection, Dept. of) —
Availability of Mediation Under 120.573, ERISI-3138.
Modification to Permit Conditions for All Wastewater Treatment Plant Operators, ERISI-3139.
Petroleum Product Spill Cleanup — Analytical Testing Policy When Liability Is Denied, ERISI-3140.
Utilization of 1000 Foot Distance to Structures On Either Side of a Proposed Project to Establish a Continuous Construction Line, ERISI-3141.
Defined, ERISI-3142.
Florida Fish & Wildlife Conservation Comm. —
Policy On Feral & Free-Ranging Domestic Cats, ERISI-3143.
Information Notice Found Not to Constitute, ERISI-3144.
Internal Improvement Trust Fund —
Refusal to Assert Regulatory Authority Over Beach Driving, ERISI-3145.
Rulemaking Found Not to Be Feasible & Practicable, ERISI-3146.
South Florida Water Management Dist. —
No Permit Policy Governing Lake Drawdowns By the Fish & Wildlife Conservation Comm., ERISI-3147.
St. Johns River Water Management Dist. —
Alleged Policy Not to Review Cumulative Impacts In Conjunction With Consumptive Use Permits, ERISI-3148.
Strategy to Use Various Means to Negate the Agricultural Exemption From Surface Water Management & Storage Regulation, ERISI-3149.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Professional Assoc. — Found Lacking, ERISI-3150.
Statement Regarding How An Existing Rule Will Be Applied Does Not Constitute, ERISI-3151.
Suwannee River Water Management Dist. —
Reliance on FEMA Floodmaps For the Purpose of Establishing the Floodway for Works of the Dist., ERISI-3152.
Volusia County School Bd. —
School Impact Fee Increase — DOAH Finding of Status As a Rule Reversed, ERISI-3153.
Vagueness (See Also CONSTITUTION (Fla.), Statutes; STATUTES) —
Defined, ERISI-3154.
Issue Not Properly Raised Cannot Be Considered, ERISI-3155.
Nonpenal Provisions Are Reviewed According to a Less Demanding Standard, ERISI-3156.
Proposed Rule Found Not Vague, ERISI-3157.
Rule Found Not Vague, ERISI-3158.
Test For Exhaustively Explored, ERISI-3159.
Validity (120.54(4)), Proposed Rule —
Community Affairs —
Monroe County Comprehensive Plan Amendments — DOAH Finding of Validity Affirmed, ERISI-3160.
DEP (Dept. of Environmental Protection) —
Clean Air Interstate Rule (CAIR) — U.S. EPA — Procedures & Requirements For Implementation, ERISI-3161.
Petroleum Product Spills — Constructive Notice to Affected Tenants, ERISI-3162.
Phosphorous Load Limits In the Lake Okeechobee Basin — Total Maximum Daily Load For Total Phosphorous, ERISI-3163.
Phosphorous Standard for Everglades Runoff, ERISI-3164.
Proposed Rule 62-296.470 — DOAH Finding of Validity Affirmed, ERISI-3165.
Reservation of Water From Use By Permit Applicants to Protect Fish & Wildlife, ERISI-3166.
Fish & Wildlife Conservation Comm. —
Manatee Protection Speed Zones — Brevard County, ERISI-3167.
Marathon —
Increase In Annual Residential Permitting Cap — Rate of Growth Allocations, ERISI-3168.
Standards Governing Challenges Discussed, ERISI-3169.
Validity (120.56), Adopted Rule —
Agriculture & Consumer Services —
Anti-Nudity Rule For State Parks, ERISI-3170.
Community Affairs —
Building Comm. — Pool Access Doors & Windows Alarm Requirements, ERISI-3171.
DEP (Environmental Protection, Dept. of) —
Free Speech Activities At State Parks, ERISI-3172.
Requirement That Coastal Construction Control Line Permit Application Include Evidence of Compliance With Local Requirements, ERISI-3173.
Health —
Environmental Conditions In Prisons — Repeal Found Null & Void, ERISI-3174.
South Florida Water Management Dist. —
Published Notice of Administrative Hearings, ERISI-3175.
St. John’s River Water Management Dist. —
Maintenance Dredging Exemption, ERISI-3176.
Management & Storage of Surface Waters, ERISI-3177.
Management & Storage of Surface Waters In Agricultural Areas, ERISI-3178.
Standards For Determining Discussed, ERISI-3179.
Variance or Waiver —
Affect Significantly Different From Other Similarly Situated Persons Is Required, ERISI-3180.
Applicant Has the Burden of Proof, ERISI-3181.
Cannot Be Used For Rules Promulgated Pursuant to Constitutional Authority, ERISI-3182.
Cannot Be Used to Circumvent the Competitive Bidding Process, ERISI-3183.
Community Affairs (See COMMUNITY AFFAIRS, Dept. of)
Emergency, ERISI-3184.
Emergency Petition Denied Without Prejudice, ERISI-3185.
Emergency Petition Denied, ERISI-3186.
Emergency Petitions Are Contemplated, ERISI-3187.
Environmental Protection (See ENVIRONMENTAL PROTECTION, Dept. of (DEP))
Failure to Achieve Purpose of Underlying Statute Alone Is a Basis For Denial, ERISI-3188.
Fish & Wildlife Conservation Comm. (See FISH & WILDLIFE CONSERVATION Comm.) (FWCC)
Health (See HEALTH, Dept. of)
Internal Improvement Trust Fund (See INTERNAL IMPROVEMENT TRUST FUND)
Standing (See Also Standing)
Standing Found Lacking, ERISI-3189.
Statutes Cannot Be Waived or Varied, ERISI-3190.
Substantial Hardship — Defined, ERISI-3191.
Substantial Hardship — Economic, ERISI-3192.
Substantial Hardship — Found Lacking, ERISI-3193.
Substantial Hardship — Found, ERISI-3194.
Temporary, ERISI-3195.
Two (2) Part Test For Entitlement to, ERISI-3196.
Code Enforcement Board Affirms Decision of Build Authority Determining That a Building Was Unsafe — Affirmed, ERISI-3197.
Circuit Court Quashes City Approval of Placement of a Telecommunications Tower — Third Party Protest —
Certiorari Granted/Circuit Court Order Quashed, ERISI-3198.
Circuit Court Application of Statute Limitations to Bar Code Enforcement Proceeding —
Construction of Habitable Space Within Flood Zone Without a Permit — Reversed, ERISI-3199.
Circuit Court Quashes Denial of Rezoning Petition —
Circuit Court Order Quashed/Remanded, ERISI-3200.
Code Enforcement Bd. —
Circuit Court Reversal of Compliance Order Affirmed, ERISI-3201.
Demolition of Structure Which Collapsed Onto a Beach —
Circuit Court Judgment of Foreclosure Affirmed & Reversed In Part, ERISI-3202.
Fireworks Ordinance —
Challenge to Circuit Court Dismissal of Declaratory Judgment Action Brought By Fireworks Vendor —
Appeal Dismissed & Remanded, ERISI-3203.
Circuit Court Affirmance of Nuisance Abatement Bd. Citation — Undercover Purchase of Narcotics At Residential Property Quashed, ERISI-3204.
Circuit Court Dismissal of Suit Challenging County Imposition of Impact Fee & Surcharge In Conjunction With Mandatory Central Sewer Connection Affirmed, ERISI-3205.
Circuit Court Invalidates Ordinance Prohibiting Outdoor Sleeping As Unconstitutional & Vague, ERISI-3206.
Circuit Court Quashes Nuisance Abatement Bd. Citation to Landlord For Illegal Drug Sales On Premises —
Selective Enforcement On Basis of Race Found Over Contrary Circuit Court Ruling, ERISI-3207.
County Court Denies Constitutional Challenge to “No Camping” Ordinance, ERISI-3208.
Not An “Agency” Subject to 120, ERISI-3209.
Circuit Court Challenge to Facial Validity of Adult Entertainment Ordinance Rejected, ERISI-3210.
Circuit Court Declares Charter Amendment Referendum Invalid —
County Land Use Regulation In Rural Eastern Section of the County —
Circuit Court Ruling Finding Ballot Summary Misleading & Violation of Single Subject Rule Reversed, ERISI-3211.
Circuit Court Nonfinal Order Granting Class Certification —
Calculation of Building Permit Fees & Water & Wastewater Impact Fees —
Essential Elements of a Class Action Found Not Proven, ERISI-3212.
Eminent Domain Action —
Award of Costs to Landowner’s Appraisers Affirmed, ERISI-3213.
County Challenge to Circuit Court Award of Attorney’s Fees Upheld, ERISI-3214.
Defendant Motion For Leave to File Answer Denied, ERISI-3215.
Permit (See Also PERMITS) —
Adult-Oriented Businesses — City Denial of Settled By Stipulation, ERISI-3216.
Circuit Court Invalidation of County Annexation Ordinance Affirmed, ERISI-3217.
Circuit Court Affirms Town Denial of a Variance to Construct a Dock & Boat Lift, ERISI-3218.
Hillsborough Resource Recovery Facility Expansion, ERISI-3219.
Modification of Conditions of Certification —
Collier-Orange River #3 230 KV Transmission Line, ERISI-3220.
Dade County Resource Recovery Facility, ERISI-3221.
Florida Power Corp. Tiger Bay Cogeneration Facility, ERISI-3222.
Gainesville Regional Util. Deerhaven Generating Station, ERISI-3223.
Jacksonville Electric Authority Brandy Branch Generating Station, ERISI-3224.
Kissimmee Utility Authority Cane Island Power Park, ERISI-3225.
Orlando Util. Comm. Stanton Unit, ERISI-3226.
Pasco County Resource Recovery Facility, ERISI-3227.
Tampa Electric Co. Polk Power Station, ERISI-3228.
Tiger Bay Cogeneration Facility, ERISI-3229.
Wheelabrator North Broward, Inc., ERISI-3230.
Wheelabrator South Broward Resource Recovery Facility, ERISI-3231.
Power Plant —
Calpine Construction Finance Co. Osprey Energy Center Power Plant, ERISI-3232.
Denial of Site Certification After Stipulation Reversed —
Seminole Elec. Plant In Putnam County, ERISI-3233.
F.P. & L. West County Emergency Center, ERISI-3234.
Florida Municipal Power Agency —
Treasure Coast Energy Center, ERISI-3235.
Florida Power Corp. —
Hines Energy Complex — Power Block 3 — Supplemental Application, ERISI-3236.
Gulf Power Co. —
Lansing Smith Unit 3, ERISI-3237.
Lee County —
Solid Waste Energy Facility — Supplemental Site Certification Approved, ERISI-3238.
New Hope Power Partnership Okeelanta Cogeneration Facilities Power Plant, ERISI-3239.
New Hope Power Partnership Okeelanta Cogeneration Facilities Power Plant — Land Use Order, ERISI-3240.
Progress Energy Center Power Block 4, ERISI-3241.
Progress Energy Florida Crystal River Unit 3 Uprate Project, ERISI-3242.
Seminole Elec. Coop. —
Power Plant, ERISI-3243.
Statutory Amendment Providing For Expedited Process For Undisputed Cases, ERISI-3244.
Tallahassee Sam O. Purdom Wakulla County Unit, ERISI-3245.
Power Plant Site Certification — Order On Land Use —
Florida Power & Light, Manatee Unit 3, ERISI-3246.
Florida Power & Light, Martin Unit 8, ERISI-3247.
Orlando Util. Comm. Station Energy Center Unit B, ERISI-3248.
Transmission Line Siting Act —
Applicant Has the Burden of Proof By a Preponderance of the Evidence, ERISI-3249.
Collocation With Existing Linear Facilities, ERISI-3250.
Corridor Need Not Be Impact-Free, ERISI-3251.
F.P. & L. St. Johns-Pellicer-Pringle Line, ERISI-3252.
F.P. & L. Collier-Orange River Line, ERISI-3253.
Location of Lines Proximate to Residences Found Acceptable, ERISI-3254.
PSC Need Determination Is Final, ERISI-3255.
Tampa Elec. Co. Willow-Oak-Wheeler-Davis Line, ERISI-3256.
Contracts (See CONTRACTS)
Eminent Domain —
Circuit Court Refusal to Permit Litigant In a Title Dispute Regarding Subject Property to Be Heard Reversed, ERISI-3257.
Jurisdiction —
Dist. Has Been Delegated Authority to Issue Consent of Use For Sovereign Submerged Land, ERISI-3258.
Permit (See Also PERMITS) —
Application —
Alternative Sites Cannot Be Considered, ERISI-3259.
Must Be Considered Solely On Basis of Applicable Criteria, ERISI-3260.
Environmental Resource (See Also PERMITS) —
Biotechnology Research Park, ERISI-3261.
Dock — Condo Complex, ERISI-3262.
Modification — Multi-Use Development, ERISI-3263.
Modification — Road Widening Project, ERISI-3264.
Residential & Commercial Development, ERISI-3265.
Surface Water Management System —
Modification — Multi-Use Development, ERISI-3266.
Well Construction —
Martin County Drilling of Well Drains Neighboring Adjacent Private Pond — Denial of Third Party Petition to Revoke Permit Reversed, ERISI-3267.
Circuit Court Inverse Condemnation Suit Assailing Property Damage Due to Runoff From Permitted Flood Irrigation —
Circuit Court Ruling That Sovereign Immunity Barred Inverse Condemnation Claim Reversed, ERISI-3268.
Declaration of Public Safety Emergency Due to Flood Conditions In the City of Mulberry, ERISI-3269.
Declaration of Water Shortage —
Modification of Restrictions, ERISI-3270.
Pinellas & Pasco Counties, ERISI-3271.
Pinellas/Hillsborough/Pasco Counties, ERISI-3272.
Tampa Bay Permit Wellfields, ERISI-3273.
Emergency Final Order, ERISI-3274.
Permit (See Also PERMITS) —
Consumptive Use —
Agricultural Operation — Intervenor Protest, ERISI-3275.
Agricultural Operation — Intervenor Protest to Modification of, ERISI-3276.
Applicant Has the Burden of Proof By a Preponderance of the Evidence, ERISI-3277.
Minimum Flows & Levels — Failure to Establish Does Not Preclude Issuance of, ERISI-3278.
Modification — Agricultural Operation — Dist. Denial Affirmed, ERISI-3279.
Public Interest — Determination of Discussed, ERISI-3280.
Reasonable — Beneficial Use Standard Examined, ERISI-3281.
Residential Development, ERISI-3282.
Three (3) Part Test For Entitlement to, ERISI-3283.
Dredge & Fill (See Also PERMITS) —
Bulkhead For Filling of Residential Lots, ERISI-3284.
Environmental Resource (See Also PERMITS) —
Drainage Improvement Project, ERISI-3285.
Highway Reconstruction Project, ERISI-3286.
Residential Development, ERISI-3287.
Stormwater Management System, ERISI-3288.
Surface Water Management System (See Also PERMITS) —
Residential Development — Modification to Alleviate Problems, ERISI-3289.
Circuit Court Affirmance of Modifications to a Large Mixed Use PUD — Affirmed, ERISI-3290.
Circuit Court Denies Motion to Temporarily Enjoin Enforcement of Ordinance —
Requirement That Specialty Contractors Obtain a Local License, ERISI-3291.
Circuit Court Order Affirming Facial Constitutionality of Land Development Code Regarding Special Uses Affirmed, ERISI-3292.
Circuit Court Rejects Obstruction of Beach Access Points — Elimination of Parking Spaces Found to Be Acceptable, ERISI-3293.
Circuit Court Judgment Against Dist. Find a Regulatory Taking —
Denial of Application to Subdivide a Parcel, ERISI-3294.
Circuit Court Order In Inverse Condemnation Case Found Nonfinal & Not Subject to Appeal, ERISI-3295.
Emergency Final Order —
Authorization to De-Water 1200 Acre Cattle Pasture, ERISI-3296.
Sediment Plume — DOT Road Widening Project In Brevard County —
Corrective Action Authorized, ERISI-3297.
Notice of Violation/Order For Corrective Action —
Dist. Has the Burden of Proof By Clear & Convincing Evidence, ERISI-3298.
Permit (See Also PERMITS) —
Consumptive Use (See Also PERMITS) —
Local Government’s Comprehensive Plan or Land Development Regulations Not Considered, ERISI-3299.
Three (3) Part Test Governing Consideration of, ERISI-3300.
Water Bottling Plant — Marion County Appeal of Grant of Permit Denied, ERISI-3301.
Environmental Resource (See Also PERMITS) —
Mitigation — Quality of a Wetland As a Decision Criteria Examined, ERISI-3302.
Stormwater Management System For Apartment Complex, ERISI-3303.
Surface Water Management System (See Also PERMITS) —
Dist. Denial of — Circuit Court Finding of Undue Private Influences Affirmed & Reversed In Part, ERISI-3304.
Annexation — Circuit Court Reverses Town Denial of Petition For Contraction Without a Feasibility Study, ERISI-3305.
Circuit Court Dismisses Third Party Challenge to Variance For Addition to Dock, ERISI-3306.
Circuit Court Quashes Denial of Site Plan Review For a Shade Structure Over An Outside Deck —
Facility Found to Be Improperly Classified As a Nightclub, ERISI-3307.
Circuit Court Quashes Order Allowing Redevelopment of Multi-Family Building Following Hurricane Jean —
Third Party Challenge, ERISI-3308.
City Grant of Variance For Nonconforming Residential Structure Quashed, ERISI-3309.
Development Review Bd. Order Overturned City Manager Finding That An Application Was Incomplete On the Effective Date of a New Code —
Circuit Court Reverses, ERISI-3310.
Development Review Board Denied Variance For Roof Modification —
Circuit Court Affirms, ERISI-3311.
Development Review Board Granted Variance For Residential Pool Over Third Party Challenge —
Circuit Court Quashes Variance, ERISI-3312.
Referendum to Restrict Amendment of Comprehensive Plan & Require Voter Approval —
Circuit Court Summary Judgment Finding Proposed Charter Amendment Unconstitutional Reversed, ERISI-3313.
Circuit Court Affirms Citation For Parking Commercial Vehicle In a Residential Area, ERISI-3314.
Circuit Court Affirms Nuisance Abatement Bd. Fines — Drug Activity On Residential Rental Property, ERISI-3315.
Code Enforcement Bd. —
Circuit Court Affirms, ERISI-3316.
Citation For Enclosing a Carport Without a Permit —
Citation For Hedge That Was Too High — Affirmed, ERISI-3317.
Citation For Use of Storage Area As Tiki Bar —
Lien Related to Citation of Railroad for Abandoned & Deteriorated Structures Quashed, ERISI-3318.
Denial of Rezoning From Mobile Home Park to Multi-Family —
Circuit Court Affirmance Affirmed, ERISI-3319.
Nuisance Abatement Bd. —
Citation of Property Owner For Drug Sales On Premises Reversed For Failure to Allow Abatement, ERISI-3320.
Redevelopment Plan Approval For Residential Community For Elders —
Order Quashed Due to Lack of Fact Findings & Conclusions of Law, ERISI-3321.
Unsafe Structure —
Order to Demolish — Circuit Court Affirms, ERISI-3322.
Variance to Allow a Commercial Vehicle to Be Parked On Residential Property Denied —
Circuit Court Affirms Despite Facts That Applicant Was Handicapped & That the “Commercial” Vehicle Was Merely Personal, ERISI-3323.
Agency Construction Entitled to Great Weight, ERISI-3324.
Amendment (See Also Retroactive Application) —
Applies Prospectively Absent Clear Legislative Intent to the Contrary, ERISI-3325.
Constitutionality (See Also CONSTITUTION (Fla.), Statutes)
As Applied —
Lack of Standing to Challenge Does Not Preclude Challenge to Facial Validity, ERISI-3326.
General Vis Special Laws, ERISI-3327.
Agency Construction — Found Arbitrary & Capricious, ERISI-3328.
Agency Construction — Is Not Entitled to Absolute Deference, ERISI-3329.
Agency Construction Entitled to Great Weight —
Agency Special Expertise Is Germane When Scientific, Technical & Complex Terms Are Used, ERISI-3330.
Agency Special Expertise Is Germane, ERISI-3331.
Applies As Well to Appropriations Bills, ERISI-3332.
Implausible or Unreasonable Interpretation Not Entitled to Deference, ERISI-3333.
Agency Construction Entitled to Great Weight, ERISI-3334.
Analogous Federal Statute —
Federal Caselaw Is Generally Applicable, ERISI-3335.
Available Constitutional Interpretation Is Obligatory, ERISI-3336.
Ambiguous Language Only Is to Be Construed According to Rules of Statutory Construction, ERISI-3337.
Amendment of Statute May Clarify Rather Than Change the Law, ERISI-3338.
Available Constitutional Interpretation Is Obligatory, ERISI-3339.
Conflict —
Conflicting Provisions Should Be Harmonized If Possible, ERISI-3340.
Defined & Discussed, ERISI-3341.
Does Not Give Rise to Constitutional Issue, ERISI-3342.
Most Recent Prevails, ERISI-3343.
Most Specific Controls, ERISI-3344.
Local Ordinance Fails When In Conflict With State Law, ERISI-3345.
Most Recent Prevails, ERISI-3346.
Most Specific Controls, ERISI-3347.
Occurs Only When the Enactments Cannot Coexist, ERISI-3348.
Should Be Harmonized If Possible, ERISI-3349.
Special Statute Controls Over Conflicting General Statute, ERISI-3350.
Special Statute Controls Over General Provision, ERISI-3351.
Court Will Merely Interpret & Not Rewrite a Statute, ERISI-3352.
Declaratory Judgment (See APPELLATE REVIEW, Declaratory Judgment)
Different Terms In Different Sections Imply Different Meanings, ERISI-3353.
Economic Grants or Entitlements — Strictly Construed In Favor of Government, ERISI-3354.
Entitlements From Governments Are Strictly Construed In Favor of the Government, ERISI-3355.
Eminent Domain (See TAKING, Statutory Enactments)
Eminent Domain — Provisions Regarding to Be Strictly Construed In Favor of Landowner, ERISI-3356.
Enumeration of Grounds Excludes Those Not Mentioned, ERISI-3357.
Exemption —
Narrowly Construed Against Party Seeking to Utilize, ERISI-3358.
Narrowly Construed, ERISI-3359.
Remedial Liberally Construed, ERISI-3360.
Remedial Sunshine Law, ERISI-3361.
General Words Construed to Refer to Enumerated Matters, ERISI-3362.
Legislative Intent — Cannot Be Imputed Beyond That Expressed, ERISI-3363.
Legislative Intent — Context Is Important In Determining, ERISI-3364.
Legislative Intent — Determined Primarily From the Language of the Statute, ERISI-3365.
Legislative Intent — Is Determined From the Whole Statute & Its Evolution, ERISI-3366.
Legislative Intent — Is the Polestar, ERISI-3367.
Legislative Intent — Purposes For Which It Was Enacted — Evils Intended For Cure Examined, ERISI-3368.
Legislative Intent — Statutory Statement of Provides Guidance But Does Not Create Separate Rights Or Duties, ERISI-3369.
Legislative Intent — Statutory Statement of, ERISI-3370.
Literal Meaning Must Yield to Express or Implied Intent, ERISI-3371.
Legislature Is Presumed to Have Adopted Prior Judicial Constructions, ERISI-3372.
Legislature Is Presumed to Know the Meaning of Words Used, ERISI-3373.
Literal Meaning Must Yield to Express Or Implied Intent, ERISI-3374.
Meaning Is to Be Accorded Every Word & Phrase, ERISI-3375.
Meaning Must Be Accorded Every Word or Phrase, ERISI-3376.
Meaning Should Be Accorded to All Parts of a Statutes, ERISI-3377.
Penal Statutes Are Strictly Construed, ERISI-3378.
Plain & Unambiguous Language — No Room For Construction, ERISI-3379.
Plain Meaning of Ordinary Words Is the First Consideration, ERISI-3380.
Plain Meaning of Ordinary Words Is Ascertained From the Dictionary, ERISI-3381.
Plain Meaning of Ordinary Words May Be Ascertained From the Context of Other Statutes On the Same Subject, ERISI-3382.
Plain Meaning Utilized Absent Express Statutory Definition, ERISI-3383.
Preemption of Local Ordinance (See Also COUNTY GOVERNMENT, Ordinance) —
By Implication — Discussed, ERISI-3384.
Express Preemption Defined & Discussed, ERISI-3385.
Express Preemption Found Lacking, ERISI-3386.
Express Vis. Implied, ERISI-3387.
Found Lacking, ERISI-3388.
Found Not Established, ERISI-3389.
Implied Preemption Defined & Discussed, ERISI-3390.
Implied Preemption Discussed, ERISI-3391.
Implied Preemption Found, ERISI-3392.
Local (City) Ordinance, ERISI-3393.
Local (County) Ordinance, ERISI-3394.
Presumption of Constitutionality, ERISI-3395.
Presumption of Validity, ERISI-3396.
Punctuation Is the Most Fallible & Least Reliable Indication of Legislative Intent, ERISI-3397.
Qualifying Phrase Is Read As Limited to the Last Item In a Series When the Phrase Follows That Item Without a Comma, ERISI-3398.
Related Provisions Construed In Para Materia, ERISI-3399.
Remedial Statutes Are Strictly Construed, ERISI-3400.
Ridiculous Result Is Necessarily Erroneous, ERISI-3401.
Rules of Statutory Construction Are to Remove Doubt – Not Create It, ERISI-3402.
Scientific Terms Which Are Complex & Technical Connote Agency Special Expertise, ERISI-3403.
Statutes Must Be Construed As a Whole, ERISI-3404.
Sunshine Law (See SUNSHINE LAW (286, Fla. Stat.)
Taking (See TAKING)
Title Is Part of Enactment and Can Be Used to Determine Intent, ERISI-3405.
Title Is a Direct Statement of Legislative Intent, ERISI-3406.
Title May Be Helpful In Construing An Ambiguous Provision, ERISI-3407.
Waiver of Sovereign Immunity — Strictly Construed, ERISI-3408.
Words Cannot Be Implied In Order to Express a Speculative Intention, ERISI-3409.
Words of Common Usage Given Plain & Ordinary Meaning, ERISI-3410.
Retroactive Application (See Also Amendment) —
Procedural — Applies Retroactively, ERISI-3411.
Remedial Statutes —
Can & Should Be Retroactively Applied, ERISI-3412.
Standards Governing, ERISI-3413.
Substantive — Applies Prospectively, ERISI-3414.
Vagueness (See Also CITY GOVERNMENT; Ordinance; CONSTITUTION (Fla.), Statutes; RULES & RULEMAKING)
Legislature Failure to Define Key Term Found Not to Constitute Per Se, ERISI-3415.
Standard Governing Determination of Examined, ERISI-3416.
Construction (See Also STATUTES) —
Broadly Construed to Effect Remedial Purposes, ERISI-3417.
Liberally Construed, ERISI-3418.
Exemption —
Attorney/Client Meeting, ERISI-3419.
Narrowly Construed, ERISI-3420.
Public Meeting —
Entire Decision-Making Process Is Subject to, ERISI-3421.
Notice Requirement — Purpose of Examined, ERISI-3422.
Use of Electronic Bulletin Board to Discuss Action Items On An Unscheduled Basis, ERISI-3423.
Purpose of Examined, ERISI-3424.
Violation of —
Can Be Cured By Remedial Action, ERISI-3425.
Citation For Code Violations Quashed, ERISI-3426.
74 Quick-Take Authority —
Gas Pipeline Co. Can Utilize, ERISI-3427.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
Eminent Domain Action (See Also Eminent Domain Action) —
73.093 — Mechanics of Examined, ERISI-3428.
Appellate Review Is De Novo, ERISI-3429.
Attorney’s Fees & Costs Are An Integral Part of Just & Full Compensation, ERISI-3430.
Attorney’s Fees — Recoverability of, ERISI-3431.
Attorney’s Fees Incurred Litigating Entitlement to Attorney’s Fees Are Recoverable But Not These Fees Related to Litigation of the Amount, ERISI-3432.
Attorney’s Fees Incurred Obtaining a Necessary Variance Recoverable As a Nonmonetary Benefit, ERISI-3433.
Benefit Obtained Standard — Examined, ERISI-3434.
Benefit Obtained Standard — Must Be Reasonable, ERISI-3435.
Benefit Obtained Standard — Nonmonetary Benefit, ERISI-3436.
Benefit Obtained Standard — Written Offer Is Required, ERISI-3437.
Circuit Court Award Affirmed & Reversed In Part, ERISI-3438.
Circuit Court Award Reversed & Remanded, ERISI-3439.
Circuit Court Denial of Award After County Voluntary Dismissal Due to Untimely Motion For Reversed, ERISI-3440.
Circuit Court Denial of Reversed, ERISI-3441.
Circuit Court Grant of An Extension of Time to Seek Affirmed, ERISI-3442.
Circuit Court Must Make Certain Factual Findings, ERISI-3443.
Contingent Fee Contract For An Appraiser/Expert, ERISI-3444.
Contingent Fees — Prohibition — Examined & Found Not Implicated, ERISI-3445.
Contractual Obligation Between Landowner, Attorney & Experts Not Requisite to Recovery, ERISI-3446.
Costs — Examined In Terms of Reasonableness & Awarded, ERISI-3447.
Costs — Recoverability of Examined, ERISI-3448.
DOT Motion to Strike Petition For Denied, ERISI-3449.
Excessive Attorney’s Fees Awards Are Neither Legally Justifiable Nor In the Public Interest, ERISI-3450.
Expert Witness Fee — Attorney’s Fee Incurred In Litigating the Amount of Expert Witness Fees — Circuit Court Award of Affirmed, ERISI-3451.
Expert Witness Fee For One (1) of Two (2) Witnesses Who Did Not Testify — Circuit Court Denial of Affirmed, ERISI-3452.
Expert Witness Fees — Recoverability of Examined, ERISI-3453.
Expert Witness Fees of An Appraiser Who Does Not Testify At Trial Are Nonetheless Recoverable, ERISI-3454.
Expert Witness Fees of Both Appraisers & Predicate Expert Are Recoverable, ERISI-3455.
Landowner’s Entitlement to (Including Costs & Expert Witness Fees) Examined, ERISI-3456.
Lodestar Calculation Found Applicable In Inverse Condemnation Case Where No Written Offer Is Made, ERISI-3457.
Offer — Defined & Discussed, ERISI-3458.
Offer Date — Determination of, ERISI-3459.
Offer of Judgment Pursuant to 73.032(5) As a Bar to, ERISI-3460.
Post-Judgment — Circuit Court Denial of Affirmed & Reversed In Part, ERISI-3461.
Balancing of Private Property Rights & Public Interest Discussed —
Futility Exception to This Doctrine Examined, ERISI-3462.
Beach Renourishment Project —
161.191 Found to Unconstitutionally Deprive Riparian Landowners of Property Without Compensation, ERISI-3463.
Riparian Rights Are Fully Compensable, ERISI-3464.
Riparian Rights Exhaustively Explored, ERISI-3465.
Circuit Court (See Also APPELLATE REVIEW) —
Defendant’s Failure to Timely File An Answer, ERISI-3466.
Denies Motion For As Untimely —
Request to Correct Clerical Mistake Does Not Toll the Time Limit, ERISI-3467.
Exclusion of Mitigated Damages Off-Site Affirmed, ERISI-3468.
Judgment — Inadequate Vis. Inconsistent Verdict —
Appropriate Motions For Relief Examined, ERISI-3469.
Pre-Suit Offer Found Valid, ERISI-3470.
Right to a Jury Trial, ERISI-3471.
Citrus Canker (See Also AGRICULTURE & CONSUMER SERVICES, Dept. of)
Condemnation Blight —
Defined & Discussed, ERISI-3472.
Reasonable Necessity — Burden of Proof Found to Be Minimal, ERISI-3473.
Three (3) Part Test For, ERISI-3474.
Condemnation of Blighted Area & Creation of Redevelopment Agency —
Blight — Community Redevelopment Act, ERISI-3475.
Blight — Determination Regarding Is Fact Dependent, ERISI-3476.
Blighted Area Meets the Public Purpose Requirement Per Se, ERISI-3477.
Constitutionality of 163.340(7) Upheld, ERISI-3478.
Mechanics of the Taking Are Not Germane – Only the Purpose, ERISI-3479.
Public Purpose Behind Is a Conclusion of Law, ERISI-3480.
Dedication of Land Distinguished From a Taking, ERISI-3481.
Easement For Public Right-of-Way —
Reservation of Land vs. Reversion, ERISI-3482.
Eminent Domain Action (See Also Attorney’s Fees & Costs) —
73.071(3)(b) Strictly Construed In Favor of DOT, ERISI-3483.
73.071(5) Declared to Be Unconstitutional, ERISI-3484.
Apportionment of Award Between Landlord & Tenant — Circuit Court Order Reversed & Remanded, ERISI-3485.
Apportionment of Award Between Landlord & Tenant Affirmed, ERISI-3486.
Business Damages —
A Matter of Legislative Largess — Not a Constitutional Obligation, ERISI-3487.
Available In Case Involving a Partial Taking, ERISI-3488.
Damage Analysis Confined to the Parent Tract From Which the Parcel Was Taken, ERISI-3489.
Distinguished From Severance Damages, ERISI-3490.
Matter of Legislative Grace, ERISI-3491.
Methodology For Determining, ERISI-3492.
Not Required to Be Part of the Good Faith Estimate of Value, ERISI-3493.
Parent Tract Rule, ERISI-3494.
Purpose of, ERISI-3495.
Recoverability of, ERISI-3496.
Remainder Interest Consisting Solely of a Well, ERISI-3497.
Strictly Construed In Favor of Government, ERISI-3498.
Unavailable In Case of Noncontiguous Affected Parcel, 06:074-J.
Condemning Authority Enjoys Broad Discretion, ERISI-3499.
Condemning Authority Must Consider All Relevant Factors, ERISI-3500.
Condemning Authority Must Strictly Comply With Applicable Statutes, ERISI-3501.
Determination of Is Separate From Taking Damages, ERISI-3502.
Expert Testimony — Consideration of, ERISI-3503.
Inherent Power of the Sovereign Authority of the State, ERISI-3504.
Inverse Condemnation Action Can Arise From (See Also Inverse Condemnation), ERISI-3505.
Just Compensation to the Landowner Is the Ultimate Objective, ERISI-3506.
Landowners Have No Compensable Interest In Traffic Flow, ERISI-3507.
Leasehold Interest — Compensable Absent Express Language to the Contrary, ERISI-3508.
Leasehold Interest — Compensable Despite Claimed Abandonment or Foreclosure Action, ERISI-3509.
Leasehold Interest — Condemnation of Common Parking Area — Standing — Valuation, ERISI-3510.
Leasehold Interest — Contract Language Must Be Express In Order to Extinguish Right to Compensation From a Taking, ERISI-3511.
Order On Motion For Rehearing: DOT v. Nassau Partners, Ltd., ERISI-3512.
Partial Taking of Commercial Property, ERISI-3513.
Party Litigant In Title Dispute Regarding Subject Property — Circuit Court Ruling Finding Lack of Standing Reversed, ERISI-3514.
Powers of Eminent Domain Generally Examined, ERISI-3515.
Property Rights As a Counterbalance to the Power of Eminent Domain, ERISI-3516.
Probable Loss Vis. Speculative Loss, ERISI-3517.
Property Owners Are Entitled to Full & Fair Compensation, ERISI-3518.
Public Purpose Found — Electric Coop Substation, ERISI-3519.
Public Purpose Found — Federally-Mandated Gas Pipeline Integrity, ERISI-3520.
Quick-Taking Procedure —
Amount to Be Deposited Discussed, ERISI-3521.
Fla. Gas Transmission Co. Found Not to Be a “Utility” — 74 Found to Be Unavailable, ERISI-3522.
Untimely Deposit of Good Faith Estimate Found to Void the Order, ERISI-3523.
Reasonable Necessity For Land (See Reasonable Necessity For Land)
Relocation Expenses — Recoverability of, ERISI-3524.
Rules Governing Damages Are Unique to These Proceedings, ERISI-3525.
Severance Damages —
Circuit Court Exclusion of Landowner Evidence Regarding Reversed, ERISI-3526.
Circuit Court Award of Reversed, ERISI-3527.
Constitutional Basis For Examined, ERISI-3528.
Cost to Cure In Mitigation of, ERISI-3529.
Costs to Cure Are Evidentiary Not Dispositive, ERISI-3530.
Defined & Discussed, ERISI-3531.
Distinguished From Business Damages, ERISI-3532.
Drainage Easement — Flooding of Adjacent Tract —
Methodology For Determining the Amount of, ERISI-3533.
Parent Tract Defined & Discussed, ERISI-3534.
Recoverability of, ERISI-3535.
Statutes Governing Are to Be Strictly Construed In Favor of Landowner, ERISI-3536.
Types Awardable Examined, ERISI-3537.
Value of Property Fluctuations Occurring After Scope of the Public Project Is Known Not Considered, ERISI-3538.
Value of Property Is Assessed At the Earlier of the Time of Trial or the Date Title Passes, ERISI-3539.
Voluntary Dismissal of Petition Denied, ERISI-3540.
Facial Challenge to Ordinance As, ERISI-3541.
Impairment of Property —
Access to Business From Highway — Diminution Must Be Substantial In Order to Be Compensable, ERISI-3542.
Beachfront Property Appropriated to Public Use Due to Severe Erosion, ERISI-3543.
Construction of Frontage Road — Deletion of Direct Access to Business From Highway, ERISI-3544.
Loss of Highway Access Can Be Germane, ERISI-3545.
Loss of Highway Access Not Considered, ERISI-3546.
Public Highway Access — City Road Extension Project —
Circuit Court Finding That Lease Holder Renounced Its Interest Reversed, ERISI-3547.
Circuit Court Finding That No Taking Occurred Affirmed, ERISI-3548.
Public Highway Access — DOT —
Frontage Road and Circuity of Access Found Not to Give Rise to Damages, ERISI-3549.
Inordinate Burden Defined & Discussed, ERISI-3550.
Inverse Condemnation (See Also Eminent Domain Action) —
Constitutional Challenge to Bert J. Harris Act Rejected — Due Process — Separation of Powers — Failure to Establish Adequate Standards, ERISI-3551.
Construction of Frontage Road — Deletion of Direct Access to Business From Highway, ERISI-3552.
Defined & Discussed, ERISI-3553.
Prohibition On Commercial Development In Wetlands, ERISI-3554.
Just & Full Compensation —
All Facts & Circumstances Must Be Considered, ERISI-3555.
Attorney’s Fees & Costs Are An Integral Part of, ERISI-3556.
Cannot Be Speculative, ERISI-3557.
Constitutionally Mandated, ERISI-3558.
Discussed, ERISI-3559.
Importance of Expert Testimony Discussed, ERISI-3560.
Jury Should Receive All Relevant Evidence, ERISI-3561.
Public Policy In Fla. Requires This, ERISI-3562.
Land Use & Dispute Resolution Act (70.51) —
Circuit Court Declaration That 70.51(10)(a) Is Unconstitutional Reversed, ERISI-3563.
Mechanics of Examined, ERISI-3564.
Voluntary Mechanism Designed to Encourage Mediation, ERISI-3565.
Local Rate of Growth Ordinance —
Challenge to As a Taking —
Found Barred By the Statute of Limitations, ERISI-3566.
Partial Taking Claims —
Complex of Factors Are Considered, ERISI-3567.
Diminution of Roadway Access — “Curbing Off” of Two (2) of Four (4) Driveways Leading Into a Gas Station, ERISI-3568.
Physical Taking —
Corrective Action By County Pursuant to Code Enforcement Order Found Not to Constitute, ERISI-3569.
Public Purpose Requirement Examined, ERISI-3570.
Question of Degree — General Propositions Are Not Dispositive — All Facts & Circumstances Analysis, ERISI-3571.
Reasonable Necessity For Land —
A Legislative Function, ERISI-3572.
Appellate Review Scope of Is Narrow, ERISI-3573.
Church Property Not Entitled to Special Protection, ERISI-3574.
Conclusion of Law, ERISI-3575.
Establishment & Effect of the Prima Facie Case, ERISI-3576.
Establishment of Parks Is An Appropriate Reason For Condemnation, ERISI-3577.
Expert Testimony Carries Great Weight, ERISI-3578.
Five (5) Part Test For, ERISI-3579.
Found, ERISI-3580.
Found Appropriate For Resolution By Motion For Summary Judgment, ERISI-3581.
Found Lacking, ERISI-3582.
Lack of Funds For Acquisition, ERISI-3583.
Must Be Demonstrated By Local Government Exercising the Power of Eminent Domain, ERISI-3584.
Premature Decision Based On Inadequate Evidence Constitutes Grounds For Denial, ERISI-3585.
Public Benefit Distinguished From Public Necessity, ERISI-3586.
Requisite Quantum of Proof, ERISI-3587.
Reasonable Necessity For Land Must Be Demonstrated By Local Government Exercising the Power of Eminent Domain, ERISI-3588.
Reasonable Not Absolute Necessity, ERISI-3589.
Requisite Quantum of Proof, ERISI-3590.
Regulatory Taking —
Bert Harris Act —
Business Damages Are Not Recoverable, ERISI-3591.
Creates a Separate & Distinct Cause of Action, ERISI-3592.
Inordinately Burdened Defined, ERISI-3593.
Circuit Court Denial of Claim Against DEP For Affirmed, ERISI-3594.
City Denial of Occupational License For Tenants, ERISI-3595.
Closure of a Fish Market In An Area Turning Residential — 370.1103(4) Found Apposite, ERISI-3596.
Constitutional Claim That May Not Be Abrogated By Statute, ERISI-3597.
Date of Valuation Is the Date the Property Was Wrongfully Appropriated, ERISI-3598.
Defined & Discussed, ERISI-3599.
Denial of Renewal of Special Use Permit to Operate a C & D Landfill, ERISI-3600.
Discretionary Governmental Functions Found Protected By Sovereign Immunity —
Failure to Comply With Relevant Notice Provisions Found to Waive the Claim, ERISI-3601.
Enforcement of Zoning Conditions or Restrictions Does Not Constitute, ERISI-3602.
Executive Order In 1998 Regarding Sale of Fireworks —
Circuit Court Order of Summary Judgment In Favor of Defendants Reversed, ERISI-3603.
Found — S.J.R.W.M.D. Denial of Subdivision of a Parcel, ERISI-3604.
Found — SWFWMD Denial of Dredge & Fill Permit, ERISI-3605.
Landfill — Construction & Demolition Debris — Existing — Denial of Renewal of Special Use & Operating Permits, ERISI-3606.
Mere Diminution In Value Does Not Constitute, ERISI-3607.
Moratorium On Building Distinguished From, ERISI-3608.
Nonfinal Circuit Court Order Finding Found Unappealable Despite Provvo of 70.001(6)(a), ERISI-3609.
Nuisance Exception Examined & Found Applicable, ERISI-3610.
Prohibition On Commercial Development In Wetlands, ERISI-3611.
Reasonable Regulations Distinguished From, ERISI-3612.
Requirement For Preservation of a Natural Area Within a Large Scale PUD Found Not to Constitute, ERISI-3613.
Ripeness of This Claim Examined, ERISI-3614.
Temporarily Impacts Are Not Included, ERISI-3615.
Termination of a Grandfathered Nonconforming Use Can Constitute, ERISI-3616.
Three (3) Part Test For, ERISI-3617.
Ripeness of This Claim —
Claim Found Not Ripe, ERISI-3618.
Denial of Application Generally Must Be Followed By an Application For a Less Intensive Use, ERISI-3619.
Inapplicable to Facial Taking Claim, ERISI-3620.
Regulatory Taking Claim (See Regulatory Taking Claim)
Requires a Final Administrative Determination, ERISI-3621.
Severance Damages Discussed, ERISI-3622.
Southwest Florida Water Management Dist. —
Circuit Court Ruling That Sovereign Immunity Barred Inverse Condemnation Claim Reversed, ERISI-3623.
Sovereign Immunity Found Preserved Under Bert Harris Act, ERISI-3624.
Statute of Limitations —
Inverse Condemnation — Four (4) Years, ERISI-3625.
Statute of Limitations, ERISI-3626.
Statutory Enactments —
Strictly Construed In Favor of the Landowner, ERISI-3627.
Taking — Defined & Discussed, ERISI-3628.
Taking — Distinguished From the Lawful Exercise of Police Power, ERISI-3629.
Taking — Does Not Occur If a Reasonable Use of the Property Remains, ERISI-3630.
Temporary Taking —
Building Moratorium, ERISI-3631.
Can Be Compensable, ERISI-3632.
Circuit Court Finding of Reversed, ERISI-3633.
Normal Delay Resultant From Proper Governmental Regulation Does Not Constitute, ERISI-3634.
Permitting Delay Distinguished From, ERISI-3635.
Application to Sell Alcohol At a Specific Location —
On Remand the Circuit Court Quashed the City Denial of a Special Zoning Exception, ERISI-3636.
Circuit Court Affirmance of City Denial of Application For Alcoholic Beverage Establishment Reversed, ERISI-3637.
Circuit Court Certification of Class Action Affirmed —
Attorneys Challenge Constitutionality of Occupational License Tax As Applied, ERISI-3638.
Circuit Court Injunction Prohibiting Operation of An Adult Use Reversed & Remanded, ERISI-3639.
Circuit Court Judgment Awarding Substantial Monetary Damages In Assailed Rezoning From “Wet” to “Dry” Reversed, ERISI-3640.
Circuit Court Quashes Code Enforcement Board Citation —
Fence Too High — Recreational Vehicle (RV) Parked Inappropriately — Inappropriate Structures, ERISI-3641.
Circuit Court Reverses Lower Court Grant of Motion Against City For Violation of Anti-Nudity Ordinance, ERISI-3642.
Circuit Court Summary Judgment In Favor of City In Case Involving Dumping of City Garbage On Private Property In 1965 Affirmed, ERISI-3643.
Historic Preservation Bd. —
Circuit Court Reversed City Denial of Certificate of Appropriateness For Multi-Story Condo As Too High — Affirmed, ERISI-3644.
Circuit Court Affirms Site Plan Approval For Wal-Mart, ERISI-3645.
Circuit Court Dismisses Third Party Challenge to Site Plan Approval For Wal-Mart For Lack of Standing, ERISI-3646.
Local Comprehensive Plan —
Challenge to Development Order As Inconsistent With, ERISI-3647.
Circuit Court Order of Inverse Condemnation In Favor of St. Johns River Water Control Dist. —
Reversed On Basis That the Valuation Date Is the Date of Wrongful Appropriation Not Trial, ERISI-3648.
Closure of U.S. 19 Access & Construction of Frontage Road —
Held Not to Constitute a Taking, ERISI-3649.
Circuit Court Apportionment of Award Between Landlord & Tenant Reversed & Remanded, ERISI-3650.
Circuit Court Apportionment of Condemnation Award Between Lessee & Landlord Affirmed, ERISI-3651.
Circuit Court Award of Attorney’s Fees For Obtaining a Necessary Variance Affirmed As a Compensable Monetary Benefit, ERISI-3652.
Circuit Court Award of Attorney’s Fees Incurred In Litigating the Amount of Expert Witness Fees Affirmed, ERISI-3653.
Circuit Court Finds Proper Delegation From Agency Head to Dist. Head Lacking — Order of Taking Denied, ERISI-3654.
Permit (See Also PERMITS) —
Billboard —
DOT Denial of Grandfather Permit Denied, ERISI-3655.
Grandfather Rights Not Vitiated By Change In Ownership Or Temporary Cessation In Use, ERISI-3656.
Circuit Court Affirms City Denial of Variance to Install Tie Poles At End of Dock, ERISI-3657.
Electric —
Expiration of Franchise Agreement —
Circuit Court Injunction Effectively Extending Reversed, ERISI-3658.
Reasonable Regulatory Fee Distinguished From a Tax, ERISI-3659.
Franchise Fees —
Expiration of Agreement — Impasse — Circuit Court Injunction Requiring Continued Payment of Fees Affirmed, ERISI-3660.
Proper Level of Examined, ERISI-3661.
Taxpayer Should Not Pay Obligations More Properly Owed By System Users, ERISI-3662.
Stormwater —
Applicability of City Fees to State Dept. of Transportation (DOT) —
Uncollectible Absent a Written Contract — 180 Does Not Reference Stormwater Runoff, ERISI-3663.
Circuit Court Refusal to Validate Stormwater Utility Bonds Reversed By Supreme Court, ERISI-3664.
Establishment of Rates Is a Legislative Function, ERISI-3665.
Reasonableness of a Classification Rate Scheme (Residential/Multi-Family/ Commercial) Examined, ERISI-3666.
Stormwater Fees — Found to Be a User Fee Not a Special Assessment, ERISI-3667.
Stormwater Fees — Methodology Approved — Impossibility of Metering Noted, ERISI-3668.
User Fee Distinguished From Special Assessment, ERISI-3669.
Telecommunications Companies —
Charter County Found to Have Authority to Imposes Fees For Right to Utilize On Telecommunications Companies, ERISI-3670.
Water & Sewer —
City Allegedly Exclusive Right to Provide These Services Found Not to Provide Standing to Challenge An Annexation, ERISI-3671.
Connection or Impact Fees —
Circuit Court Invalidation of Reversed, ERISI-3672.
Defined & Discussed, ERISI-3673.
Inappropriate If Assessed Merely Because of a Change In Use, ERISI-3674.
Extension of Lines — City Liability For Expense of — Enforceable Contract Regarding Found, ERISI-3675.
Circuit Court Partially Grants Third Challenge to Rezoning, ERISI-3676.
Circuit Court Dismissal of Inverse Condemnation Claim Regarding Prohibition On Development of Islands —
No Bridgehead Ordinance — No Development Without a Bridge Ordinance — Circuit Court Dismissal Reversed, ERISI-3677.
Annexation — Voluntary —
Circuit Court Denial of Certiorari Review of County Challenge to City of Deltona Annexation —
Circuit Court Order Quashed, ERISI-3678.
City of Edgewater Intervention Into Volusia County Challenge to Oak Hill Annexation Dismissed Due to Pleading Deficiencies, ERISI-3679.
Circuit Court Dismissal of Information Charging Draining of Hazardous Liquids Onto the Ground As a Violation of the Fla. Litter Law Reversed, ERISI-3680.
Circuit Court Summary Judgment In Favor of County In Challenge to Appropriation of Private Beachfront Property For Public Use Affirmed & Reversed In Part, ERISI-3681.
DOAH ALJ Final Order Finding An Unpromulgated Rule Reversed, ERISI-3682.
Wellington —
Dept. of Community Affairs Dismissal of Challenge to Land Use Change For Lack of Standing Affirmed, ERISI-3683.
Circuit Court Dismissal of Third Party Challenge to Approval of Amendment to DRI (Large Residential Beachfront Condos) Reversed In Part, ERISI-3684.
Order On Motion For Rehearing & Clarification: Edgewater Beach Owners Assoc. Inc., et al. v. Walton County, et al. —
County Approval of Modification to DRI Involving Large Beachfront Condo Development Affirmed, ERISI-3685.
Circuit Court Denies Challenge to Partial Disapproval of Multi-Family Residential Development As Being An Inverse Condemnation, ERISI-3686.
Circuit Court Order For Restoration & Preservation of Natural Area Within a PUD & Denial of Taking Claim Affirmed, ERISI-3687.
Order On Motion For Clarification: Palm Beach Polo, Inc. v. Wellington, ERISI-3688.
Challenge to Approval of Relocation of Residential Home —
Circuit Court Quashes Approval, ERISI-3689.
Order On Motion For Rehearing En Banc: Wright et al. v. Frankel — Certified Question, ERISI-3690.
Referendum On Relocation of City Hall & City Library —
Circuit Court Denial of Citizen Mandamus Action On the Basis of the Doctrine of Laches Reversed & Remanded, ERISI-3691.
Code Enforcement Bd. Declared Rubble From a Burned Out Structure to Be a Public Nuisance & Razed the Site —
Circuit Court Affirms the Bd. Order, ERISI-3692.
Circuit Court Affirms City Grant of Hardship Variance From Setback For An Addition to a Residence, ERISI-3693.
Circuit Court Injunction Requiring Continued Payment of Franchise Fees By Electric Utility After Expiration of Agreement Affirmed, ERISI-3694.
Circuit Court Rejects Constitutional Challenge to Noise Ordinance Restricting Dog Barking In a Residential Neighborhood, ERISI-3695.
Order On Remand From the 5th D.C.A.: Binford v. Winter Springs —
Amendment to City Sign Ordinance Found Properly Advertised, ERISI-3696.
Circuit Court Ruling That Utility Connection (Impact) Fee Was An Illegal Tax Reversed, ERISI-3697.
Adult Establishments —
Substantial Developments In the Law Examined, ERISI-3698.
Appellate Review (See Also APPELLATE REVIEW) —
Standard For Circuit Court Review, ERISI-3699.
Standard For Circuit Court Review of County Zoning Action, ERISI-3700.
Conditional Uses Defined & Discussed, ERISI-3701.
Construction (See Also STATUTES) —
Rules of Statutory Construction Apply, ERISI-3702.
Zoning Ordinances Are Subject to Statutory Rules of Construction, ERISI-3703.
Contact Zoning —
Developer’s Agreement Providing For Found Unenforceable, ERISI-3704.
Long Been Disapproved In Florida, ERISI-3705.
County Commission Review of Initial Decision Regarding Is De Novo, ERISI-3706.
Development of Regional Impact (DRI) Restriction Preempts Any Contrary Local Zoning, ERISI-3707.
Land Development Regulations Are Often More Restrictive Than, ERISI-3708.
Nonconforming Use —
A Zoning Not a Planning Concept, ERISI-3709.
Alteration of Does Not Automatically Terminate Grandfather Status, ERISI-3710.
Defined & Discussed, ERISI-3711.
Governmental Action Discontinuing the Use Does Not Constitute Abandonment, ERISI-3712.
Labelling of An Unusual Use As Found to Be Improper, ERISI-3713.
Nonconforming Vis. Unusual Use, ERISI-3714.
Should Be Abolished or Reduced In Conformity With Respect For Property Rights-Not Expanded, ERISI-3715.
Sixteen (16) Month Closure of Motel For Necessary Repairs & Renovations Found Not to Constitute a Discontinuance of Use, ERISI-3716.
Temporary Cessation Distinguished From Abandonment, ERISI-3717.
Transfer of Development Rights Upland — Fla. Keys — Denied, ERISI-3718.
Notice Requirements Examined, ERISI-3719.
Permitted Uses Defined & Discussed, ERISI-3720.
Planned Unit Development (PUD) —
Purpose of Examined, ERISI-3721.
Rezoning —
Circuit Court Cannot Use Competent Substantial Evidence Standard to Exert Covert Control Over Policy Determinations, ERISI-3722.
Comprehensive Plan Not Amended Prior to, ERISI-3723.
Landowner Has No Vested Right to Existing Zoning, ERISI-3724.
Must Be Evaluated Within the Context of the Comprehensive Plan, ERISI-3725.
Respective Burdens of Proof Examined, ERISI-3726.
Standing of Third Parties Discussed, ERISI-3727.
Special Exception —
Adversity to the Public Interest Must Be Shown, ERISI-3728.
Applicant’s Burden of Proof Regarding, ERISI-3729.
Burden of Proof Is Different Than For a Variance, ERISI-3730.
Challenge to County Denial of, ERISI-3731.
County Land Development Code Provisions Regarding Found to Be Facially Constitutional, ERISI-3732.
Defined & Discussed, ERISI-3733.
Distinguished From a Variance, ERISI-3734.
Establishment & Effect of Prima Facie Case, ERISI-3735.
Invalidation of Ordinance Providing For — Implications of, ERISI-3736.
Violation of Conditions of, ERISI-3737.
Special Use Permit —
Circuit Court Quashes City Grant of For Limerock Mine & Cement Plant, ERISI-3738.
Spot Zoning —
Assailed & Overturned, ERISI-3739.
Defined, ERISI-3740.
Four (4) Part Test For, ERISI-3741.
Invalid As Confiscatory, ERISI-3742.
Rezoning Found Not to Constitute, ERISI-3743.
Third Party Challenge (See Also Variance; PRACTICE & PROCEDURE, Intervenors) —
Standing — Associations, ERISI-3744.
Standing — Requirement Examined, ERISI-3745.
Standing — Special Damages Requirement Explored, ERISI-3746.
Standing — Under Various Scenarios Carefully Explored, ERISI-3747.
There Is No Right to An Unobstructed View Through An Adjoining Property, ERISI-3748.
Variance —
After-the Fact, ERISI-3749.
Burden of Proof Is Different Than For a Special Exception, ERISI-3750.
Defined & Discussed, ERISI-3751.
Denial — Burden of Proof Regarding, ERISI-3752.
Denial — Hardship Found Lacking, ERISI-3753.
Found Supported By Competent Substantial Evidence, ERISI-3754.
Grant — Cell Phone Tower — Reversed, ERISI-3755.
Grant — Laundromat & Restaurant — Circuit Court Reversal Affirmed, ERISI-3756.
Grant — Nonconforming Residential Structure — Circuit Court Quashes, ERISI-3757.
Grant — To Others Is Not Dispositive, ERISI-3758.
Hardship — Cannot Be Self-Created, ERISI-3759.
Hardship — Cannot Be Self-Imposed, ERISI-3760.
Hardship — Examined, ERISI-3761.
Hardship — Mere Reduction In Value Does Not Constitute, ERISI-3762.
Hardship — Must Be Established, ERISI-3763.
Hardship — Proof of Examined, ERISI-3764.
Hardship — Self-Created Circumstance Does Not Constitute, ERISI-3765.
Hardship — Zoning Classification In Existence Does Not Constitute, ERISI-3766.
Nonuse — Defined & Discussed, ERISI-3767.
Proof of Entitlement to, ERISI-3768.
Runs With the Land So Long As Conditions Are Abided By, ERISI-3769.
Runs With the Land, ERISI-3770.
Standard of Appellate Review, ERISI-3771.
Strictly Construed, ERISI-3772.
Third Party Standing Examined, ERISI-3773.
Use — Defined & Discussed, ERISI-3774.
Zoning —
Aesthetic Considerations Alone Can Suffice, ERISI-3775.
Ambiguities Are to Be Resolved In Favor of the Property Owner, ERISI-3776.
Construction (See Construction; STATUTES)
Construction of Ordinance Will Be Upheld Unless Clearly Erroneous, ERISI-3777.
Found Distinct From Federal Court Settlement Regarding Billboards, ERISI-3778.
Is Legislative In Character, ERISI-3779.
Presumption of Validity, ERISI-3780.
Protection of Aesthetic Values Is a Legitimate Governmental Interest, ERISI-3781.
Scrivener’s Error Does Not Overrule Text of Ordinance, ERISI-3782.
Unnecessary Hardship Standard Examined, ERISI-3783.
Usage of a Water Body to Calculate Density Found Improper, ERISI-3784.
Zoning Ordinances Are to Be Strictly Construed In Favor of the Property Owners, ERISI-3785.