Florida Real Property and Business Litigation Report
Volume XVII, Issue 52
December 28, 2024
Manuel Farach
Rogers v. Zingale, Case No. 1D2022-3549 (Fla. 1st DCA 2024).
https://1dca.flcourts.gov/content/download/2445142/opinion/Opinion_2022-3549.pdf
The heightened notice requirements under Florida Statute section 196.193(5) apply to the denial of homestead tax exemptions notwithstanding that Florida Statute section 196.151 mentions homestead and section 196.193(5) does not.
City of Titusville v. Speak Up Titusville, Inc., Case No. 5D2023-3739 (Fla. 5th DCA 2024).
https://5dca.flcourts.gov/content/download/2445192/opinion/Opinion_2023-3739.pdf
A municipal referendum requiring clean water which allows enforcement actions to be brought in the name of the affected water body is expressly preempted by Florida Statute section 403.412(9)(a) (“A local government regulation, ordinance . . . may not . . . grant any legal rights to a . . . body of water, or any other part of the natural environment that is not a person or political subdivision as defined in [Florida Statute} s. 1.01(8) . . .”)