Despite the Growth Management Act, Corruption and Favoritism still alive in zoning and land use decisions in Florida
The GMA (Florida Growth Management Act, Fla. Stat. ch. 163.3161) establishes procedures for any changes that affect land uses in our State. These procedures establish proper-noticed public hearings whether it’s for a Comprehensive Plan amendment or a change in the Land Development Regulations (LDR’s) such as zoning. During these hearings, affected parties present their arguments in favor or opposition to a given project in front of the public officials presiding over the hearing (County Council, City Commission, etc.) who then decide whether to approve or deny the requested amendment. Unfortunately, many local elected officials do not have the education, experience or even desire to abide by the statutes codified in the GMA and allow political forces and campaign donations to rule the decisions. They simply revert to the “old Florida ways” of doing whatever their patrons ask (especially the patrons that pay) and letting the judicial system - at a very expensive price of admission - sort the mistakes for the injured parties that object.
Abuses occur when decisions are made on the basis of political influence or favoritism, on the basis of inadequate procedure, or by uninformed or corrupt government officials. The intent of the growth management system of Florida was to reduce the power of local governments over decision-making for comprehensive planning in order to maintain uniformity throughout the state and depart from the detrimental politically-charged decisions of the past.
A seminal case in Florida Land Use was the Snyder case decided by the Florida Supreme Court (Board of County Comm'rs of Brevard County v. Snyder, 627 So. 2d 469, 475 (Fla. 1993)). In Snyder, the Supreme Court elaborated quite eloquently on the intent of the GMA. Correcting abuses was one of the articulated factors driving the Snyder decision to establish quasi-judicial review in place of legislative review for certain land use transactions.
The GMA provides for judicial review of the local Board’s decisions when a party decides to challenge it. There are two broad groups of decisions: Legislative and Quasi-Judicial. As applied to land use, Legislative decisions are those that are policy setting, or that “make” laws which affect a large portion of the public. For example, the development of a municipalities’ Comprehensive Plan is a Legislative or Administrative order as it prescribes what the rule or requirement shall be with respect to transactions to be executed in the future. Quasi-Judicial actions, on the other hand, are the result of policy application rather than policy setting.
Rezoning actions are quasi-judicial since they have an impact on a limited number of persons or property owners where the decision is contingent on a fact or facts arrived at from distinct alternatives presented at a hearing.
In a quasi-judicial hearing the local board must provide certain constitutional protections such as Due Process and the admittance of relevant evidence. In addition, the evaluation of the facts presented must be arrived under the strict scrutiny standard, much similar to a normal judicial hearing in front of a Court. Strict scrutiny arises from the necessity of strict compliance with the law being applied such as the Comp. Plan. It basically means “Follow the letter of the law”.
A second significant difference between the quasi-judicial and legislative review processes is the degree of deference granted by the courts to the decision-making body. To overturn legislative decisions, the court must determine that the basis for the decision was capricious or arbitrary and not even debatable. For quasi-judicial decisions, the court still defers to the judgment of the lower tribunal, but competent substantial evidence is required to preclude reversal. Florida adopted the fairly debatable standard in 1941; Snyder, 627 So. 2d at 472 (citing City of Miami Beach v. Ocean & Inland Co., 3 So. 2d 364, 367 (Fla. 1941).
Quoting from the Snyder Supreme Court Decision is a well articulated reasoning behind the GMA and in support of a tighter judicial scrutiny of local Board’s decisions:Inhibited only by the loose judicial scrutiny afforded by the fairly debatable rule, local zoning systems developed in a markedly inconsistent manner. Many land use experts and practitioners have been critical of the local zoning system. Richard Babcock deplored the effect of "neighborhoodism" and rank political influence on the local decision-making process. Richard F. Babcock, The Zoning Game (1966). Mandelker and Tarlock recently stated that "zoning decisions are too often ad hoc, sloppy and self-serving decisions with well-defined adverse consequences without off-setting benefits."Daniel R. Mandelker and A. Dan Tarlock, Shifting the Presumption of Constitutionality in Land-Use Law, 24 Urb. Law. 1, 2 (1992).
So, in spite of Snyder and other Supreme Court decisions, the end result is exactly the opposite of the intent of the GMA: abuse, favoritism, patronage and arbitrariness reflected in haphazard zoning and land use ordinances. There is a lot of truth to the saying that “justice is available to all... who can afford it” as only the well-heeled are able to afford the lawsuits required by the judicial system in order to enforce the GMA.
This is one of the strongest arguments to make violations of the GMA fall under the criminal code instead of the civil code. When a corrupt municipal official fails to exercise her duty to obey the law and abuses the powers vested in her to act in favor of a patron and provide undue benefits at the expense of other citizens, such conduct is closer to a criminal act than a civil tort since the official is acting under color of law. While there are Federal Regulations that address such conduct (18 U.S.C. §242, 42 U.S.C. §§1981, 1982, 1983, not to mention the Fifth and Fourteenth Amendments of the US Constitution), Florida has few (such as Fla. Stat. §112.313(6) Misuse of Public Position). Under the criminal code, violators of the GMA would be prosecuted by the State’s Attorney just like any other crimes.
A number of internet sites contain thorough and helpful information about all aspects of comprehensive planning and land development regulation in Florida. One of the best is by 1000 Friends of Florida at http://www.1000friendsofflorida.org . Another important and informative website is maintained by Florida Department of Community Affairs. The Municipal Ordinances and Land Development Codes for most counties and municipalities in Florida can be obtained here. Lastly, Mary Dawson’s The Best Laid Plans: The Rise and Fall of Growth Management in Florida , published by the Journal of Land Use and Environmental Law, is a well written and informative piece on the failings of the current system.
13 comments:
ISC and NASCAR have been nice to me, I consider myself lucky to be able to work on the grounds during the race season.
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Let it continue and the commission will decide who your daughter will marry, what crops your son will harvest, and how many toilets your wife will scrubb just so you can buy a $500 permit to repair your roof.
Just wait 6/6/08 the time will come when you no longer want to work on your knees. And like the rest the commission will tell you "if you don't like it leave".
vanessa hangen brusstlin inc,brant Miller olive and Langston Associates;
Langston Associates? If this guys first names is Gerald he's the one that started the Historic Surfside Village Scam.
In 1984 Langston went to the State and created a Historic area in Daytona Beach with the following Cronies.
Tim Milecki-he was the broker Langston and associates used to start it with. Tim's busines was named Liberty Realty which Langston wanted him to change to Palm Realty. Sound familiar? That's Shallows real estate Brokerage name.
Langston needed 585 properties to sign a petition from the State to create this Historic Redevelopment scam. I'm not going to get into the Scam yet but I'm going to name all persons involved and what the prize they were going to get to help hi pull it off.The persons involved 1. Commissioner Bob Tuttle who owned king Tut's 7-11 at Harvey and A1A. He was promised a bigger Grocery store at the corner of Harvey and Grandview if he closed right away after one of is clerks shot and killed someone who tried to rob him with his hands in his pockets saying he had a gun,which he didn't. When the clerk pulled out a real gun the robber tried to run out the door to get away. The clerk shot him in the back and killed him. The land that he was promised once was the State of Florida's first Atlantic and Pacific Tea Company. Langston told Tuttle they would eminent domain the building that stood on it or condem it when the time was right. They owner of the building put thousands of dollars into the building to try to restore it. The city wouldn't let him do anything commercial with it even though it had a hotel motel restaurant lic. which was 0000074 they said it was zoned residential and it could only be used as a 4 plex apt. building. The building was built in 1913 the first year the city was incorporated by D.D. Rogers the first engineer in daytona who built mostly all the Historic buildings in daytona. When the person went to city hall to find out the history on the building they said it was missing and couldn't find any thing on it. The builing was also used as the first firehouse in the late 1800's. It had 2 garage doors that held 2 water wagons. The firemen's quqrters were upstairs in 2 apartments. 2. Andrea of hotleathers- They kept the horses behind the hotleathers buiding at the corner of south main and Coates which was one of the buildings that Langston used to get Historic grant money fro the State. Hot leathers bought it and tore it down a few years ago for parking. They are promised a piece of the action.3.commissioner burgman who was the first town clerk in 1913 who also owns a print company that was located at the same building at grandview and Harvey. This has something to do with the changing of dees and adresses. There was a paint company there,a bed and breakfast and a rooming house but the city says it could only be used as residential,hence Tuttles prize.
Is this the same Langston(gerald) that planned surfside village in 1984 and went to Orlando in the latter 80's after he
scammed the residents by creating the surfside redevelopment Zone?
If it is he was partners with Kelly, Miketrick,Suzanne(build it and they will come) Kuehns,Dwight Betts,city manager Tipten
'commissioners Burgman, Tipton also went to orlando to start his own group
them. I think they are still there. I think the cronies should pay me off for not going any further. Imagine Langston starts
it,goes away and then comes back to finish. Or is he going to be another sacrificial lamb like all the people involved. I'll
end for now,sorry about all the typos & spelling mistakes but this is about the 10th time I've explained this. I think I'll just
put it on myspace.com if it doesn't make it on the post. One more thing on the original paper of Surfside Village
Langston was put down as sole owner. The next articles that will be posted will be in chapters starting in 1984 until now
with all the 19 cronies that were or are still involved. It will have every detail of all the robbery and fraud that was
all the original deeds that were or still are kept in the Garage at 20 North Halifax which was actually 21 North Halifax
which was one of the address switches that Langston created. You might also find them at 25 north peninsula which
Rice and Rose own(not original address of course(Langston again). All the addressess on the south side of main and
Halifax are even on the west they are odd on the right cross main to north peninsula and Halifax they are reversed odd
on the west side even on the right.
Let me tell you about the scam. Milecki got this woman who was a realtor(related to me) to work for him. Because she
was going for her brokers license he made her go up and down main street and list all the absentee owners and give
them to him which he gave to Langston who had their signiture forged to say they wanted to belong to Surfside village
because he needed over 80% of the area to sign on. He then went to the residents indirectly of course with the help of
Harry Doanes.Suzanne Kuehens,The beachside neighborhood watch headed by headed by now Lt. Frank
Heckman,county commissioner Big john,county and city managers Kelly. The news journal,the speedway . City
comisssioners Bob Tuttle who owned King Tuts Grocery store who was promised if he closed he would get a bigger
grocery store on Harvey after Langston's scam was completed which is now my property and has been for the last 35
years. I asked to see the History on it which I know was once an A&P but the city said it was lost. It is now in the 3rd
stage of becmming a State Historic building thanks to Langston who had my named forged for it and 2 other houses I
owned. I didn't sign anything,but I got a state historic number. Also involved was commissioner Burgman who was
town clerk in 1913 when the city was incorporated who also owned a print shop at my address, Commissoner Ira
Beslinger who also owned a print shop (I wonder who forged the deeds and signatures).
vanessa hangen brusstlin inc,brant Miller olive and Langston Associates;
Langston Associates? If this guys first names is Gerald he's the one that started the Historic Surfside Village Scam.
In 1984 Langston went to the State and created a Historic area in Daytona Beach with the following Cronies.
Tim Milecki-he was the broker Langston and associates used to start it with. Tim's busines was named Liberty Realty which Langston wanted him to change to Palm Realty. Sound familiar? That's Shallows real estate Brokerage name.
Langston needed 585 properties to sign a petition from the State to create this Historic Redevelopment scam. I'm not going to get into the Scam yet but I'm going to name all persons involved and what the prize they were going to get to help hi pull it off.The persons involved 1. Commissioner Bob Tuttle who owned king Tut's 7-11 at Harvey and A1A. He was promised a bigger Grocery store at the corner of Harvey and Grandview if he closed right away after one of is clerks shot and killed someone who tried to rob him with his hands in his pockets saying he had a gun,which he didn't. When the clerk pulled out a real gun the robber tried to run out the door to get away. The clerk shot him in the back and killed him. The land that he was promised once was the State of Florida's first Atlantic and Pacific Tea Company. Langston told Tuttle they would eminent domain the building that stood on it or condem it when the time was right. They owner of the building put thousands of dollars into the building to try to restore it. The city wouldn't let him do anything commercial with it even though it had a hotel motel restaurant lic. which was 0000074 they said it was zoned residential and it could only be used as a 4 plex apt. building. The building was built in 1913 the first year the city was incorporated by D.D. Rogers the first engineer in daytona who built mostly all the Historic buildings in daytona. When the person went to city hall to find out the history on the building they said it was missing and couldn't find any thing on it. The builing was also used as the first firehouse in the late 1800's. It had 2 garage doors that held 2 water wagons. The firemen's quqrters were upstairs in 2 apartments. 2. Andrea of hotleathers- They kept the horses behind the hotleathers buiding at the corner of south main and Coates which was one of the buildings that Langston used to get Historic grant money fro the State. Hot leathers bought it and tore it down a few years ago for parking. They are promised a piece of the action.3.commissioner burgman who was the first town clerk in 1913 who also owns a print company that was located at the same building at grandview and Harvey. This has something to do with the changing of dees and adresses. There was a paint company there,a bed and breakfast and a rooming house but the city says it could only be used as residential,hence Tuttles prize.
city awards contract for planning work using using Bryant miller ,olive and Langston associates from Orlando.
Is this the same Langston(gerald) that planned surfside village in 1984 and went to Orlando in the latter 80's after he
scammed the residents by creating the surfside redevelopment Zone?
If it is he was partners with Kelly, Miketrick,Suzanne(build it and they will come) Kuehns,Dwight Betts,city manager Tipten
'commissioners Burgman, Tipton also went to orlando to start his own group.Tim Milecki who was the broker Langston
used to get all the info for the surfside information about who owned what and what buidings they owned. He needed
585 signatures to create this scam. He or his cronies forged most of the names and deeds to get them after he got the
info he obtained from milecki who owned Liberty Realty at 10 south oleander which was connected to a main street
building which was a head shop and he mostly sold little botles of coco snow which acted and had the same character
symptoms as cocaine. Langston knows this.Thats all he sold all day every day for $20.00 a bottle (1 gram)which he paid
only $3.00 for. He also made and sold crack pipes. He sold them to every beat in town that was selling it to spring
breakers and bikers and little kids for $80.00 a bottle. Then the beats would buy the real coke for their habit. Milecki was
going to change his broker business name to Palm Realty at Langston's request. Sound familiar. That is the name of
Shallows company. Milecki got run out of town by me. Langston promised him a piece of the action after he pulled off
the Surfside scam with Asher who was going to be Mayor to execute it.
was going for her brokers license he made her go up and down main street and list all the absentee owners and give
them to him which he gave to Langston who had their signiture forged to say they wanted to belong to Surfside village
because he needed over 80% of the area to sign on. He then went to the residents indirectly of course with the help of
Harry Doanes.Suzanne Kuehens,The beachside neighborhood watch headed by headed by now Lt. Frank
Heckman,county commissioner Big john,county and city managers Kelly. The news journal,the speedway . City
comisssioners Bob Tuttle who owned King Tuts Grocery store who was promised if he closed he would get a bigger
grocery store on Harvey after Langston's scam was completed which is now my property and has been for the last 35
years. I asked to see the History on it which I know was once an A&P but the city said it was lost. It is now in the 3rd
stage of becmming a State Historic building thanks to Langston who had my named forged for it and 2 other houses I
owned. I didn't sign anything,but I got a state historic number. Also involved was commissioner Burgman who was
town clerk in 1913 when the city was incorporated who also owned a print shop at my address, Commissoner Ira
Beslinger who also owned a print shop (I wonder who forged the deeds and signatures)