Category: Issue 3
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Developments in the Law on Local Government Code Enforcement Proceedings: Quasi-Judicial Proceedings Pursuant to Chapter 162, Florida Statutes
Due to the recent economic crisis’ harmful effect on Florida properties, local government code enforcement officials have concentrated their efforts toward addressing the foreclosure crisis head-on. In order to effectively maintain and stabilize neighborhoods, local government proceedings have attempted to decrease the damaging effects caused by social and economic harm of vacant and abandoned properties…
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Community Planning Act: The End of Meaningful Growth Management in Florida
This Article analyzes the 2011 changes to Florida’s growth management legislation and the negative impact these changes present for urban sprawl in Florida. In June 2011, the legislature enacted the Community Planning Act, which makes significant changes to Florida’s previous growth management scheme. The Community Planning Act greatly reduces the State’s role in overseeing land…
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Rethinking Roth: Why the Florida Legislature Should Empower Local Governments to Regulate Condominium Conversions
Since the 1980s, Florida has experienced a condominium-conversion “craze,” during which developers converted huge numbers of apartment complexes to the condominium form of ownership. The resulting oversupply of condominiums is a major component in the Florida real estate market bubble and consequent economic downturn. Condominium conversions are linked to many social ills, including depleting affordable…
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Muddying the Waters: Stop the Beach Renourishment and the Procedural Implications of a Judicial Takings Doctrine
This Article examines the Supreme Court’s determination in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, 130 S. Ct. 2592 (2010), that the Florida Supreme Court’s upholding of Florida’s Beach and Shore Preservation Act did not constitute a “taking” of a landowner’s property, which would require just compensation under the Fifth Amendment of the…
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Nothing Is Certain in Life except Death and Taxes: Providing Families with Constitutional Rights They Can Depend on under Florida’s Homestead Taxation Regime
Florida’s Save-Our-Homes Cap constitutionally limits the amount a homestead’s assessed value may increase each year and thus controls the taxable value of a homestead. However, when there is a change in the homestead’s ownership, the property is reassessed at its actual value without regard to the Save-Our-Homes Cap. Florida law provides that a change of…
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Stare Decisis Takes Another Blow in Telli v Broward County
The Florida Supreme Court’s 2012 decision in Telli v. Broward County upheld Broward County’s ability to impose a term limit on county commissioners. The Author argues that this decision granted local governments a constitutionally impermissible ability to create this disqualification from public offices in spite of longstanding precedent. The Author provides unique insight because he argued in…