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Florida Municipal Law Questions & Answers
1 Answer | Asked in Civil Rights, Estate Planning, Construction Law and Municipal Law for Florida on
Q: In Eatonville FL, we need to know if there are exceptions for Code of Ordinances, sec. 60.77, such as noise or privacy.

We live in a corner lot, and we would like to build a 6 foot fence on the property perimeter. We'd like to know how far can we take the fence to the line property, and if we can consider one of the "fronts" of a corner property as a "side". Only the "main"... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 26, 2021

The Eatonville Code of Ordinances is here:

http://eatonville-fl.elaws.us/code/coor

A brief review of it doesn't reveal any problem with what you want to do, but of course you should contact the Planning Department and get a permit. They should be able to guide you.

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Municipal Law for Florida on
Q: I signed a lease renewal now they've email me saying its a error with the price being lower then they mention i Orlando

I signed a lease renewal also sent a updated renters insurance and now they're emailing saying that they made a error that rent will be 600 more then expect but they will take off 200 and a free carpet clean I'm only 26 stay sodo downtown Orlando i never had this happen and don't... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2021

It appears that they may not be able to enforce their demand for $600 more. You signed the lease and, apparently they received it so I would argue that they are stuck with you.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Municipal Law for Florida on
Q: If a municipal planning department negligently acts to pass along for approval to the P&Z commission having jursisdictio

a set of plans which would result in the violation of the rights of the adjacent residents, could that be an actionable offense under 42 USC 1983 ?

Charles M.  Baron
Charles M. Baron
answered on Jun 26, 2021

No, and you really need to schedule a consultation with a land use & zoning attorney to evaluate your situation and explain your legal rights. 42 U.S.C. Sec. 1983, which provides a legal cause of action for violation of Federal constitutional or statutory rights, does not apply to complaints... View More

2 Answers | Asked in Consumer Law, Real Estate Law, Civil Litigation and Municipal Law for Florida on
Q: Can I park in front of my Lot/house on the street according to the bylaws below?

No vehicle shall be parked anywhere but on

paved areas intended for that purpose. Parking on lawns or landscaped areas is prohibited,

unless specifically approved or designated for such purpose. Lot Owners' or Residents'

automobiles shall be parked in the garage or... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 9, 2021

That question is impossible to answer without seeing the plat and the location of your lot on the plat. While parking on roadways in front of your own house are generally permitted, there are exceptions for certain roadways and you cannot park on the roadway if you lot is located on one of the... View More

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1 Answer | Asked in Real Estate Law and Municipal Law for Florida on
Q: Are Florida HOAs (chapter 720) now required to have a website the same as COAs are per chapter 718 changes as of 2018?

I read that Chapter 718 now requires condo associations to implement a website for the COA under 2018 changes to Florida law. I am president of a FL HOA governed by Chapter 720. I'm trying to locate the similar requirement under Chapter 720 law. Are HOAs also now required by law to... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 7, 2020

No, there is no requirement for HOAs to have a website. Chapter 720 is a little confusing because it requires a HOA to have their estoppel information on their website, but that has been interpreted to mean if they have a website it must include the estoppel information.

1 Answer | Asked in Personal Injury and Municipal Law for Florida on
Q: Why can't the police unions be sued if they interfere with the discharging or hiring of officers with procedural violati
Charles M.  Baron
Charles M. Baron
answered on Oct 15, 2020

Your inquiry is too vague as to the "interference" you are referring to.

1 Answer | Asked in Real Estate Law and Municipal Law for Florida on
Q: Is a power of attorney from myself to a relative in Puerto Rico from total legal valid in puerto Rico

I live in Florida and cannot travel to Puerto Rico, my cousin lives in Puerto Rico and can handle the land and house my father left when he died in June 2020

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2020

This sounds like something that an attorney practicing in Puerto Rico could advise best on - you may want to repost it there. But you await an answer for three weeks. As a GENERAL matter, jurisdictions could have their own requirements for POAs. But as a general matter, it can SOMETIMES be at the... View More

1 Answer | Asked in Municipal Law for Florida on
Q: Is it possible for home owners in a specific area to file a class action lawsuit against the city for negligence?

The area of town in which I live in has very badly maintained roads. The city has started repair on roads in another part of town where the roads are in good shape. Ours have been neglected for years and are not only dangerous, but our property values are not increasing at the same rate as other... View More

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2020

A Florida attorney could advise best, but your question remains open for two weeks. There might be more effective less costly methods of trying to bring attention to the roads of your community. One option could be to reach out to your elected officials, starting out at the local level. Such a... View More

1 Answer | Asked in Election Law, Gov & Administrative Law and Municipal Law for Florida on
Q: How can I place an item to be voted on in a city?

I would like to change the laws of the municipality by placing it on the ballot for the upcoming elections.

Charles M.  Baron
Charles M. Baron
answered on Sep 14, 2020

You must find out whether your city has a process for petitioning to place a referendum on the ballot (also called initiative petition), and if so, what the petition requirements are (method, number of signatures needed, time restrictions, etc.). I would start out by calling the City Clerk's... View More

1 Answer | Asked in Municipal Law for Florida on
Q: Can the city force my to unplug my boat ? They do allow RV's and campers to be plugged in.

I live in Oak Hill Florida. I have a 42 foot boat moored to my dock in my backyard canal. i have lived here about 25 years and have always had a big boat and kept it plugged into my electric to keep the inside integrity of my boat good and free from mold.

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2020

A Florida attorney would be able to advise best, but your question remains open for five weeks. If a statute is cited in the prohibition, you could look into the reasoning behind it. You could research the statute or consult with attorneys who are familiar with the priorities and goals of local... View More

1 Answer | Asked in Personal Injury, Civil Rights, Entertainment / Sports and Municipal Law for Florida on
Q: My son fell out of a tree and was seriously hurt at a park in Lake Worth Fl. Can the park be held accountable?

Broken L4 & L5, broken Rt Hip with surgery, shattered pelvic bone with Pelvic Ring insertion surgery

Charles M.  Baron
Charles M. Baron
answered on Aug 6, 2020

So sorry to hear about your son's injuries. The local government that owns the park could be liable depending on all the facts and circumstances. The issue is, what did the park or government staff do WRONG; how is it their fault? If you are asking if they are AUTOMATICALLY liable for any... View More

1 Answer | Asked in Municipal Law for Florida on
Q: Can I get out of paying below ordinance?

I received a bill from City of Umatilla (which I am a resident), for a bill of $144 for a storm water service back dated to 2017. I don't have water or sewer from city. I have well and septic tank. then there will be a $4 month added to my trash pickup bill. I don't think I should have to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 21, 2020

The symbol means "section".

1 Answer | Asked in Land Use & Zoning, Municipal Law and Small Claims for Florida on
Q: We are an HOA in Florida many properties adjoining the golf course.

Many golfers encroach on private property of homeowners imposing on their privacy and at times damaging property. How can we mitigate that? Fines? Civil Tickets? The course is owned by the City. Thank you.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 26, 2020

"No trespassing" signs would be a start.

2 Answers | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Municipal Law for Florida on
Q: A municipality enacted more aggressive measures than the state in regards to their Covid-19 response, can they be sued?

A city and county forced all timeshares closed as part of their Covid-19 response. The state did not close timeshares via their directive. Our particular timeshare has each unit/week deeded and the owners pay their share of the relevant city/county taxes. The city and county have blocked owners... View More

Charles M.  Baron
Charles M. Baron
answered on May 1, 2020

I agree with Mr. Minnick. You'd have to seek a Court ruling that the municipality's action is not legally valid, and to do that, you would need to challenge the constitutionality of the action. There are various "levels of scrutiny" that the Courts use to determine if the... View More

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1 Answer | Asked in Constitutional Law and Municipal Law for Florida on
Q: Can Governor overrule a Mayor or County Commissioner stay at home order?

We are having a debate about governor powers over the state.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 14, 2020

Yes, he probably can. Start your discussion by reviewing the governor's order; I believe it sets forth his statutory authority.

1 Answer | Asked in Municipal Law for Florida on
Q: As part of a city code is the "Intent Statement" an enforceable section if the following code does not support it?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 6, 2020

In general, no. The intent statement is included in case there is uncertainty as to what the main part of the law was really intended to do.

1 Answer | Asked in Immigration Law, Traffic Tickets, Civil Rights and Municipal Law for Florida on
Q: Can we get in trouble? Thank you!

Me and my father are living in Florida, and he got the Nevada Driver's License, because there he has the documents that they required. We bought a car in Colorado. But now we are in Florida, with Nevada drivers license only, we don't have the required documents to get a Florida's... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Jun 25, 2019

You probably want to speak with an immigration attorney in Florida. If you do get pulled over, the officer may ask questions that could reveal your legal status in the country. If the jurisdiction in which you are pulled over has an interagency agreement with ICE, simply being pulled over and... View More

1 Answer | Asked in Energy, Oil and Gas and Municipal Law for Florida on
Q: What obligations do Municipalities have to locate and mark abandoned underground utilities for contractors?

I am a contractor for a large utility company and on a recent job i absorbed a tremendous amount of profit loss because a local municipality did not locate abandoned underground utilities in an easement. By not doing so it cost us to go over our budget. Is there any way to hold them accountable? I... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 18, 2019

Your best (only) bet is to complain about this situation to a few members of the city council and ask them how to file a "complaint" about the incident. Most if not all municipal governments carry liability insurance to avoid having to pay "damages" for not doing their job:... View More

1 Answer | Asked in Civil Rights, Small Claims and Municipal Law for Florida on
Q: What can I do about loud and rude Airbnb party house?

There’s a small apartment building next to mine which is rented out on airbnb exclusively for parties. They usually party very late with loud music and can stay up all night. Earplugs don't help. As it’s different people every time, asking them to be quiet has gotten really old. The host... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 20, 2019

An attorney can definitely help you to solve this terrible problem. There are three issues to examine: (A) whether the AirBnB rental is legal to begin with, which will depend on your city zoning code and other ordinances, (B) whether the noise exceeds permissible noise levels specified in your... View More

2 Answers | Asked in Elder Law and Municipal Law for Florida on
Q: Can a city government impose exorbitant civil fines on a senior citizen FL homesteader with income below poverty line?

There is a 72 year old female senior citizen who lives as a single woman in her "Safe Haven" homestead residence in Saint Petersburg, FL, with total annual income of $7,800 approx. which is well below the IRS poverty line limits. The city government of Saint Petersburg FL is repeatedly... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 12, 2018

Her homestead status protects her from foreclosure/eviction, not from fines. Also, her age does not protect her from fines. She needs to hire an attorney (or see if the local Legal Aid/Legal Services office can represent her) to contest the code violations at the hearing. Often, the code... View More

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