The Local Government Lawyers' Deskbook is a continuing project designed to
give aid to lawyers practicing within our field of expertise.
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Important Points |
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Appreciation Page |
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| Chapter l |
County and Municipal Government in Florida |
| Authored By: |
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| Edited By: |
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A. |
Historical |
B. |
Home rule under the 1968 constitution |
C. |
Restrictions on home rule |
D. |
Creation of municipalities and counties |
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Chapter l l |
County - Municpal Relationship
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| Authored By: |
David G. Tucker |
| Edited By: |
Herb Thiele |
A. |
Conflict between county and municipal ordinances |
B. |
Countywide regulation versus transfer of powers |
C. |
Dual Taxation |
D. |
Taxation of municipal property located outside municipality |
E. |
Extraterritorial powers |
F. |
County provision of services within municipalities |
G. |
Other governmental litigation |
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Chapter l l l |
Local Government and Other
Government Entities |
A. |
Federal Preemption |
B. |
Federal Mandates |
C. |
State Legislature, conflict and preemption |
D. |
Aministrative Agencies |
E. |
Courts' oversight |
F. |
Special Districts |
| Authored By: |
Cari I. Roth |
| Edited By: |
Virginia "Ginger" Delegal |
G. |
Community Development Districts |
| Authored By: |
Jolinda Herring & Robert Reid |
| Edited By: |
David Cardwell |
H. |
Community Redevelopment Agencies |
| Authored By: |
Jolinda Herring & Robert Reid |
| Edited By: |
David Cardwell |
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Chapter l V |
Classification of Local Government Decisions, Procedures for Making Decisions |
| Authored By: |
Michele Lieberman |
| Edited By: |
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A. |
Classification of local government decisions |
B. |
Procedures and methods for taking governmental action |
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Chapter V. |
Local Government Legislative Functions |
| Authored By: |
Robert Williams |
| Edited By: |
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A. |
Definition of legislative |
B. |
Examples of legislative action |
C. |
Circuit court and county review of legislative actions |
D. |
Appellate review |
E. |
Specific challeges to legislative authority |
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| Chapter V l
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Local Government, Quasi-Judicial Capacity |
| Authored By: |
Ed Guedes & Tony Recio |
| Edited By: |
David Acton |
A. |
Judicial versus quasi judicial |
B. |
Definitions of quasi judicial proceeding |
C. |
Types of action that have been determined to be quasi judicial |
D. |
Requirments for quasi judicail hearing |
E. |
Court review of quasi judicial decisions |
F. |
Appellate court review |
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Chapter V l l |
Ministerial Actions |
| Authored By: |
Jeffrey P. Sheffel |
| Edited By: |
Elizabeth Hernandez |
A. |
Authority to issue writs of mandamus |
B. |
Ministerial government actions |
C. |
Effect of remaining discretion on writs of mandamus |
D. |
Authority to require special district financial disclosure |
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Chapter V l l l |
Local Government as Code Enforcer |
| Authored By: |
Joseph G. Jarret |
| Edited By: |
Bob Hamilton |
A. |
Types of local government regulations |
B. |
Administrative enforcements |
C. |
Prosecution in county court |
D. |
Injunction |
E. |
Code enforcement boards and other administrative regulatory boards |
F. |
Responsibility of violation |
G. |
Code enforcement liens |
H. |
Private enforcement |
I. |
Selective enforcement |
J. |
Equitable estoppel |
K. |
Arrests |
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Chapter l X |
Land Use and Zoning |
| Authored By: |
Joni Armstrong Coffey / Mark Barnebey / Susan L. Trevarthen / Nancy E. Stroud |
| Edited By: |
Prof. Jim Brown / Karl Sanders / Vivien Monaco |
A. |
Comprehensive planning - chapter 163, part l l, Florida Statutes |
B. |
Zoning |
C. |
Additional land development regulations which are required |
D. |
Other land development regulations |
E. |
Consistency challenges to land development orders |
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Chapter X |
Local Government as a Party to a Contract |
| Authored By: |
Joseph G. Jarret |
| Edited By: |
Bob Hamilton |
A. |
Authority |
B. |
Limitations on contracting authority
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C. |
Limitations on liability; sovereign immunity |
D. |
Inter local agreements |
| Authored By: |
Michael S. Davis |
| Edited By: |
Virginia "Ginger" Delegal |
E. |
Franchise Agreements |
F. |
Federal limitations |
G. |
State limitations |
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Chapter X l |
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| Authored By: |
Heather B. Brock, Heather N. Jarrell - Assisted by Kathleen Liever |
| Edited By: |
Charles L. Hauck |
A. |
Discipline |
B. |
Attorney’s fees |
C. |
Civil service |
D. |
Union activities |
E. |
Compensation |
F. |
Pensions |
G. |
Whistle blower |
H. |
Discrimination claims – federal & state |
I. |
Fair Labor Standards Act |
J. |
Americans with Disability Act |
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Chapter X l l |
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| Authored By: |
V. Gerald Meaders |
| Edited By: |
Scott J. Johnson |
A. |
Authority |
B. |
Compensable takings in conjunction with eminent domain |
C. |
Appropriate parties |
D. |
Evidence |
E. |
Scope of damages |
F. |
Attorney’s fees |
G. |
Expert witness fees |
H. |
Settlement |
I. |
Inverse condemnation |
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Chapter X l l l |
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| Authored By: |
Sarah Richardson |
| Edited By: |
Noel Pfeffer |
A. |
Submerged Land |
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Chapter X l V |
Local Government as Landowner |
| Authored By: |
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| Edited By: |
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A. |
Regulation of land |
B. |
Construction of public buildings |
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Chapter X V |
Local Government as Service Provider |
| Authored By: |
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| Edited By: |
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A. |
Types of service |
B. |
Contracting with private entities for provision of services |
C. |
Extraterritorial services provided by municipalities |
D. |
Counties providing services within municipalities |
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Chapter XV l |
Liability of Local Government |
| Authored By: |
Alan S. Zimmet - except Section 1983 |
| Edited By: |
Elizabeth Hernandez |
A. |
Two-prong test for determining state tort liability |
B. |
Planning versus operational |
C. |
Statutory or common-law duty |
D. |
Various governmental activities |
E. |
Acts of employees |
F. |
Causes of action |
G. |
Pre-suit notice requirements, section 768.28, Florida Statutes |
H. |
Service of process |
I. |
How to raise defense of sovereign immunity |
J. |
Inverse Condemnation |
K. |
Florida Statutory Liability |
L. |
Liability pursuant to 43 U.S.C., [0015] 1983, Civil Rights Act |
M. |
Liability pursuant to other federal statutes |
| Authored By: |
Grant Alley |
| Edited By: |
Elizabeth Hernandez |
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Chapter XVl l |
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| Authored By: |
Virginia "Ginger" Delegal |
| Edited By: |
Pam Dubov - Special Assessment / Ad Valorem Taxation, Sandy MacLennan - all other sections |
A. |
Ad Valorem taxation |
B. |
Local option additions to state taxes |
C. |
Local motor fuel taxes |
D. |
Public service tax |
E. |
Tourist development taxes |
F. |
Occupational license tax |
G. |
Fees |
H. |
State authorized taxes and fees |
I. |
Revenue sharing – state imposed taxes |
J. |
Special Assessments |
K. |
Special Districts |
L. |
Borrowing powers |
M. |
Challenges to funding mechanisms |
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Chapter XVl l l |
Local Government Expenditures |
| Authored By: |
David G. Tucker |
| Edited By: |
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A. |
Limited to public purpose |
B. |
Standing to challenge local government expenditures |
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Chapter X l X |
Purchasing |
| Authored By: |
Susan Churuti |
| Edited By: |
Ed Dion |
A. |
Federal statutory issues affecting competitive bidding requirement |
B. |
State competitive bidding requirements |
C. |
Local Requirements |
D. |
Bid splitting to avoid legal requirements |
E. |
Various competitive purchasing methods |
F. |
Evaluation of bids/proposals: Issues of responsiveness and responsibility |
G. |
Bid mistakes: Circumstances under which irregularities are waivable by the public authority. |
H. |
Discretion of the contracting authority to reject all bids. |
I. |
The bid protest: Issues of standing, administrative process, and wide discretion enjoyed by the contracting authority. |
J. |
Contract formation at the conclusion of the competitive procurement process. |
K. |
Judicial review of proposed or actual contract awards following a competitive process. |
L. |
Minority set asides |
M. |
Applicability of public records |
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Chapter X X |
Local Government Investments |
| Authored By: |
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| Edited By: |
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A. |
Investment of surplus public funds |
B. |
Investment guidelines |
C. |
Municipalities; investments |
D. |
Comparison of Florida Statutes sections |
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Chapter X X l |
Public Meetings |
| Authored By: |
Herbert W. A. Thiele |
| Edited By: |
Mary Helen Campbell |
A. |
Constitution; Access to public records and meetings |
B. |
Declaration of meetings to be public |
C. |
Interpretation of statute |
D. |
What constitutes a meeting |
E. |
Which boards are subject to the public meetings |
F. |
What communication does the statute apply to |
G. |
Reasonable access |
H. |
Reasonable notice |
I. |
Minutes of the meeting must be taken |
J. |
Voting requirements |
K. |
Regulation of behavior at meetings |
L. |
First Amendment considerations |
M. |
Exemptions are there from the Public Meeting Law |
N, |
Sanctions for violation |
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| Chapter X X l l |
Public Records |
| Authored By: |
Herbert W.A. Thiele |
| Edited By: |
Mary Helen Campbell |
A. |
State policy |
B. |
State preemption |
C. |
Public records, identification and responsibilities |
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Chapter XX l l l |
Public Ethics |
| Authored By: |
Mary Helen Campbell |
| Edited By: |
H. Hamilton "Chip" Rice |
A. |
Conflict of Interest/ financial disclosures |
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Chapter XX l V |
Local Government as a Litigant |
| Authored By: |
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| Edited By: |
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A. |
At the trial level |
B. |
At the appellate level |
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Chapter X X V |
Elections |
| Authored By: |
Honorable Donna L. McIntosh |
| Edited By: |
Mary Helen Campbell |
A. |
Initiative/Referendum |
B. |
Elected positions |
C. |
Recall |
D. |
Canvassing board |
E. |
Voting Rights Act |
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Chapter X X V l |
Local Government as Creditor |
| Authored By: |
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| Edited By: |
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A. |
Ad valorem taxes |
B. |
Other Government Charges, Liens, Fines |
C. |
Bankruptcy |
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Chapter XX V l l |
Civil Forfeitures |
| Authored By: |
Judith Secher, Robert Fiallo, Co-Author
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| Edited By: |
Ronald D. Combs |
A. |
Procedure |
B. |
Defenses |
C. |
Final Order of forfeiture/ nexus requirement |
D. |
Law enforcement trust fund – disposition of forfeited property. |
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Chapter XXV l l l |
Annexation |
| Authored By: |
Honorable Donna L. McIntosh |
| Edited By: |
Mary Helen Campbell |
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Chapter XXIV |
Ethics - Rules of Professional Responsibility |
| Authored By: |
Marion J. Radson |
| Edited By: |
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