The words “hometown” and “democracy” each carry their own connotations. In the State of Florida, the phrase “Hometown Democracy” uniquely connotes direct citizen control over major land use and growth decisions, bypassing elected officials. Hometown Democracy first appeared in Florida as an initiative proposing a constitutional amendment, centering on the assumption that Florida’s growth-management controls were both illconceived and detrimental. Supporters of the constitutional amendment emphasized its ability to place the power to amend and approve the state-mandated local comprehensive plans with the voters. Challengers of the amendment remained apprehensive, even more so than with foregoing pregnant-pig or highspeed-rail amendments. When the constitutional amendment failed to receive enough signatures to be placed on the 2007 ballot, local initiatives ensued, placing similar measures in local charters.

In the United States, the government that most directly affects people’s daily lives is local government (counties and municipalities). Anytime people turn on the water; walk down the sidewalk; drive on the streets or take transit; send their children to school; go to parks, recreation centers, and libraries; record their deeds; open their businesses; or build their homes; they deal with local government. Code enforcement is a function of local government and affects people’s daily lives. Its purpose is to enhance the quality of life and economy of local government by protecting the health, safety, and welfare of the community. Code violations “run with the land,” and subsequent purchasers can be held responsible for bringing the property into compliance and can be liable for payment of a lien, interest, and costs.

Local governments in Florida have adopted ordinances authorizing special magistrates to hold hearings and assess fines against violators in their respective jurisdictions. This Article discusses defenses and issues in code enforcement proceedings to provide guidance to special magistrates and private- and publicsector lawyers for fair, just, and equitable proceedings.

In 2004, Florida experienced the most active hurricane season since weather records were first recorded in 1851. Hurricanes Charley, Frances, Ivan, and Jeanne and Tropical Storm Bonnie damaged the beach and dune system, inland structures and property, and infrastructure in most of Florida’s coastal counties. Similarly, in 2005, Hurricanes Dennis, Katrina, Ophelia, Rita, and Wilma and Tropical Storms Arlene and Tammy exacerbated erosion conditions throughout the State and substantially reduced the width of Florida’s beaches available for public access.

Equitable adoption affects children every year, but most people are not even aware of it. When a person dies without a will, that person dies intestate, and the probate code dictates how to distribute the person’s estate. When a child is the legally adopted child of an intestate decedent, rather than the natural, biological child, the code treats that legally adopted child as the decedent’s biological child for purposes of intestate succession. However, there is a complication when the deceased parent never formally adopted the child. Before examining the legal ramifications of equitable adoption, one must understand the situation in which equitable adoption arises—the situation in which the law must bend. Equitable adoption can take many forms, but in order to put them into practice, one must understand the basic concept.