Latest news with #FloridaConstitution
Yahoo
8 hours ago
- Yahoo
Florida Woman Fined $165,000 for Trivial Code Violations Takes Her Case to the Florida Supreme Court
Sandy Martinez, a homeowner in Lantana, Florida, has been battling over $165,000 in fines for three minor code violations for years. She's now asking the Florida Supreme Court to consider her case and put a stop to what she says are unconstitutionally excessive fines. Martinez's accumulated six-figure fine amounts to nearly four times her annual income, financially crippling the single mother over infractions that have since been corrected and never threatened health or safety. What atrocities warranted such devastating debt? Cracks in her driveway, a storm-blown fence, and cars parked on her own grass. First, Martinez faced daily $75 fines while saving up to replace her cracked driveway in 2013, ultimately owing $16,125 in total, "far greater than the cost of an entirely new driveway," as noted in the initial lawsuit. Then, the city began fining her $125 per day in 2015 for a fence knocked down after a storm. While Martinez waited for her insurance claim to pay for the repair, she accrued another $47,375 in fees—again, "several times the cost of the repair and substantially more than the cost of a completely new fence," according to her complaint. Finally, while living with her three children, mother, and sister in 2019, Martinez was cited for parking cars slightly beyond her driveway. Although she promptly fixed the issue and left a voicemail with code enforcement requesting a compliance check, no inspector came by. Martinez was being fined $250 per day. By the time the city recognized that the parking violation had been corrected, the total fine for the infraction had ballooned to $101,750. Unable to cover this debt—even if she sold her home—Martinez took her case to court in 2021, arguing that the city's fines are grossly disproportionate for her offenses and excessive under the Florida Constitution. So far, the lower courts have ruled against Martinez, reasoning that "substantial deference should be given to the legislature's determination of an appropriate fine." But she and her lawyers at the Institute for Justice believe it is time the Florida Supreme Court, which has not considered a case on the state constitution's excessive fines clause in over a century, revived the right to be free from excessive fines as a meaningful bulwark against government abuse. "Six-figure fines for parking on your own property are outrageous," said I.J. Attorney Mike Greenberg. "The Florida Constitution's Excessive Fines Clause was designed to stop precisely this sort of abuse—to prevent people from being fined into poverty for trivial violations." Martinez's circumstance is not an isolated incident. Florida homeowners across the state have endured massive, unjust fines without recourse, including a woman fined $103,559 for a dirty pool and overgrown grass, a family facing $250,000 in fines for invasive trees, and an elderly couple facing $366,000 in fines for duplex code violations. "Municipal code enforcement has become a major and recurring source of government abuse in the form of catastrophic fines," said I.J. Senior Attorney Ari Bargil. "The time has come for the Florida Supreme Court to once again interpret this important constitutional protection and finally put a stop to this injustice." The post Florida Woman Fined $165,000 for Trivial Code Violations Takes Her Case to the Florida Supreme Court appeared first on
Yahoo
a day ago
- Business
- Yahoo
GRU sends city of Gainesville letter, opposes vote for special election
Gainesville Regional Utilities on June 4 sent a letter to the city of Gainesville's attorney asking that city officials reconsider voting June 5 in favor of a referendum that would take place during a special election later this year. GRU attorney Derek Perry wrote to city attorney Daniel Lee that a proposed ballot initiative by city officials on who should control the city-owned utility violates a section of the Florida Constitution and its limitations on municipal power, and that he doesn't see a reason for a special election as both sides wait for a ruling by the First District Court of Appeals. "It makes little sense for the City Commission to reengage in a process that is already proceedingthrough the courts," Perry wrote. "The City adopts the ordinance; the Authority challenges; the City is enjoined;and both parties end right back where they are now, albeit having squandered taxpayer/customerdollars and precious judicial, legislative, and local government resources." Local news: Florida higher ed board stuns UF, blocks Santa Ono from becoming president Judge George M. Wright of the Eighth Judicial Circuit ruled in April to nullify a ballot initiative that passed overwhelmingly in November 2024 to delete the article of the city's charter that created the authority due to "misleading language." He also ruled, however, that the city of Gainesville has the right to amend its charter to regain control of the utility. Wright cited Florida Statue 116.031, which states "a municipality may amend its charter pursuant to this section notwithstanding any charter provisions to the contrary." "I don't know how I can get around that," Wright said. The City Commission's planned June 5 vote on the ballot initiative will be the first of two before a special election can be called. Mayor Harvey Ward in a text message to The Sun wrote that the GRU Authority's decision to appeal the judge's ruling is in contradiction to the will of the people. "I believe we should listen to the voters and I guess that puts me at odds with the GRUA's misunderstanding of Florida law, I'm ok with that," Ward wrote. City Commissioner Bryan Eastman in an email to The Sun wrote that the circuit court has already rejected GRUA's arguments and hopes the board will take a breath and choose reason over reflex. "The people have spoken, the courts have spoken, and more litigation will only waste additional GRU resources instead of helping ratepayers," Eastman said. "Working with our local community — rather than against it — is the best path forward for both the utility and the people it serves.' This article originally appeared on The Gainesville Sun: GRU sends city of Gainesville letter, opposes special election
Yahoo
6 days ago
- Business
- Yahoo
Florida Legislature reaches budget agreement
A memorandum from the Florida state Senate says lawmakers have agreed on a joint budget allocation with the House. The budget conference is scheduled to begin Tuesday. According to the statement, Senate President Ben Albritton says the negotiated agreement includes $2.25 billion in recurring revenue reductions, including the elimination of the business rent tax ($900 million), permanent sales tax exemptions targeted toward Florida families ($350 million), and debt reduction ($250 million). Albritton says lawmakers will also make joint resolution to amend the Florida Constitution to raise the cap on the Budget Stabilization Fund from 10% to 25% and require an annual payment of $750 million into the fund until the cap has been reached. The $750 million will be held in reserve for the next two fiscal years and will be automatically transferred to the Budget Stabilization Fund upon adoption of the amendment, he said. The memo continues: 'In total, the framework set forth in these allocations provides for a fiscally responsible, balanced budget that reduces state spending, lowers per capita spending, and reduces the growth of state bureaucracy. The budget authorizes early payoff of state debt, accounts for significant, broad-based tax relief, and builds on historic state reserves for emergencies. New reporting requirements throughout the budget will safeguard taxpayer dollars and improve accountability, transparency, and oversight of government spending.' Click here to download our free news, weather and smart TV apps. And click here to stream Channel 9 Eyewitness News live.
Yahoo
29-05-2025
- Business
- Yahoo
Can Ron DeSantis run for governor again in 2026? Wife, Casey, draws interest
Ron DeSantis cannot run for governor again in 2026. But a DeSantis might. Florida first lady Casey DeSantis, scheduled to speak Thursday, May 29, in Daytona Beach at the 2025 Florida Prosperity & Economic Opportunity Solutions Summit at Daytona International Speedway, has not officially jumped into the race, although she has reportedly been considering it. But she's not in a hurry. 'I've got to save the Free State, but we literally just went through an election cycle, right?" she said at a Tampa event for her Hope Florida program. "We're 100 days into the presidency. And you talk to a lot of people around the state, and they are so tired of politics.' In a February poll, Casey DeSantis was favored well over potential candidates U.S. Sen. Ashley Moody, former U.S. Rep Matt Gaetz, U.S. Rep. Byron Donalds and Agriculture Commissioner Wilton Simpson. However, by May, Donalds was polling 19 percentage points above her after voters were told Donalds, who has declared his candidacy, had President Donald Trump's support. It's also not helping that a criminal investigation has been opened into a $10 million donation from a state Medicaid settlement to Hope Florida that was funneled through the program's fundraising arm to a political committee controlled by the governor's then-chief of staff to fight a constitutional amendment that her husband wanted to stop. Hope Florida is a state program whose stated goal is to help steer Floridians away from state assistance and toward services offered by nonprofits and faith-based organizations. The governor had been pushing lawmakers to codify his wife's program into law, but the bill failed to move after the revelations. DeSantis was first elected in 2018 and began his term in office on Jan. 8, 2019. He was re-elected by a landslide in 2022. He will be ineligible to run again in the next Florida gubernatorial election in 2026 and will leave office in Jan. 2027. DeSantis is 46 years old. His birthday is September 14. The governor must be at least 30 years old and have been a resident and registered voter of Florida for at least seven years, according to the Florida Constitution. The same qualifications hold for lieutenant governor and each cabinet member. While DeSantis isn't up for reelection, he could someday run for governor again. The Florida Constitution says "No person who has, or but for resignation would have, served as governor or acting governor for more than six years in two consecutive terms shall be elected governor for the succeeding term." But that would not prevent DeSantis from running again after someone else has served a term as governor since it would not be consecutive. And that's assuming that restriction isn't changed before his time runs out. Florida, like 22 other states, limits governors to two consecutive, four-year terms. The others are Alabama, Alaska, Arizona, Colorado, Georgia, Hawaii, Kansas, Kentucky, Louisiana, Maine, Maryland, Nebraska, New Jersey, New Mexico, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee and West Virginia. Arkansas, California, Delaware, Michigan, Mississippi, Missouri, Nevada, North Dakota and Oklahoma all limit governors to no more than two terms in a lifetime. Vermont and New Hampshire have no term limits on their governor but they limit terms to two years instead of four. Virginia is the only state with a one-term lifetime limit. Four state governors have served two full four-year terms: William D. Bloxham: 1881 to 1885 and again from 1897 to 1901. Reubin Askew: 1971 to 1979. Jeb Bush: 1999 to 2007. Rick Scott: 2011 to 2015 and 2015 to 2019. Bob Graham: 1979 to 1987 almost served two full terms but resigned with three days left in his term to take a seat in the U.S. Senate. Lawton Chiles was elected to two consecutive terms, in 1991 and 1994, but died in office in 1998 before his second term was completed. This article originally appeared on The Daytona Beach News-Journal: Ron DeSantis: When Florida governor's term ends, can he run again?
Yahoo
25-05-2025
- Politics
- Yahoo
Who can use Florida's beaches? Depends on where you are
SANTA ROSA BEACH, Florida — As waves lapped against the shoreline this spring, Walton County resident Sara James Day was discussing the fight over public beach access when a property manager told her she had to move. 'You know you're on private property,' he told Day. 'No, we're in the wet sand today,' Day responded. She had walked directly to the shore through a public beach access parking lot. Day then spent nearly 30 minutes arguing over how close to the water someone must be in Walton County to be on a public beach instead of private property. But the battle wasn't new. The fight over one Gulf county's sugar white sand has moved from the beaches to the courtroom and back to the halls of Florida's Capitol seven years after lawmakers tried to settle the issue. Now the Legislature is reversing course, passing a bill to repeal a 2018 law governing the establishment of beach access. Even if Gov. Ron DeSantis signs the bill, the fight over beach access is unlikely to end in Walton County — or anywhere else in Florida, where growing populations and eroding beaches create arguments over invisible lines in the sand in one of the nation's most-visited states. And as summer's heavy beach traffic arrives, tourists and locals alike may be left confused and aggravated in areas that rely on visitor dollars as an economic engine. Two former state Senate presidents, Don Gaetz (R-Crestview) and Kathleen Passidomo (R-Naples), voted against the reversal measure, SB 1622. Both predicted little will change. 'I believe the Hatfields and the McCoys will continue to fight in Walton County,' said Gaetz, who previously represented the area in the state Senate. Passidomo sponsored the Senate version of the 2018 legislation, HB 631, which she describes as 'good policy' designed to help establish legal beach access. She said there will be more lawsuits once the law is repealed. 'I think the county is going to pass an ordinance, then the property owners are going to file a suit,' Paissdomo said. 'And they'll be back where they started.' Walton County isn't the only place where people are arguing even about where a visitor can stand. That's because it's not clear on the beaches or in state law where the public is or is not allowed. The Florida Constitution says beaches below the mean high water line are public land. That's a relatively narrow strip of land on most beaches. The Florida Supreme Court in 1974 expanded public access to the beach — in theory. The state's high court said access exists under the 'customary use' doctrine from English common law. The court said access to dry sandy beaches must be based on recreational use that has been 'ancient, reasonable, without interruption and free from dispute.' Beach access advocates frequently argue the ruling established a public right to beach access. But property rights lawyers claim — without success so far — that Florida's customary use doctrine is unconstitutional and doesn't represent established case law. In 2016, Walton County adopted a beach access ordinance based on customary use. Property owners sued, arguing access should be determined on a case-by-case basis for each individual parcel of property or a small group of lots. After a federal court upheld the ordinance, current U.S. Ambassador to Israel and former Arkansas Gov. Mike Huckabee was among the property owners clamoring for action. They said rude beachgoers were using their property to hold parties late into the night. Passidomo sponsored the legislation in 2018 that rescinded Walton County's ordinance and required local governments to seek judicial review on any property where customary use access is declared. While she claims the bill was meant to protect beach access, critics argued the Legislature was siding with rich property owners at the public's expense. Then-Gov. Rick Scott, who was running for the U.S. Senate, faced a backlash after signing the bill. He blamed the Legislature for creating 'considerable confusion' and issued an executive order he said would keep beaches open. Some beach advocates said the opposite has happened, just as they predicted. In the Florida Panhandle, Walton County was tied up in a legal morass as they sought judicial review of more for public access on nearly 1,200 beachfront parcels and spent about $8 million in legal fees. County Attorney Clay Adkinson said the county notices required by the 2018 law triggered opposition from many beachfront owners who in the past wouldn't have challenged public access. And beachfront owners have pushed to block public access in other areas since the law passed. In Pinellas County, the tiny beachfront town of Redington Beach adopted an access ordinance in 2018 just prior to the new state law taking effect. Beachfront owners sued but lost in state courts. They then sued and won in federal court but that was overturned when the town challenged the ruling before the 11th Circuit U.S. Court of Appeals. The town won at the district level again in 2024, but the landowners are appealing again. In Franklin County, property owners on Alligator Point erected signs after 2020 saying their stretch of beach was private. By 2024, the signs had been damaged or removed. In 2022, the towns of Palm Beach and Ocean Ridge had put up no trespassing signs in response to the law, according to the Palm Beach County chapter of the Surfrider Foundation. The signs in Ocean Ridge 'clearly intimidated beach goers who were on a public beach access pathway to the ocean,' the Surfrider chapter said on its website. In Walton County last week, visitors to Santa Rosa Beach were greeted by signs warning against trespassing on private property even though they were walking through a public access that is about 30 feet wide. Day seemed prepared when a community services officer arrived after the owner's complaint. Her chair was much closer to the water than to any of the three-story homes. She pointed out lines on the sand that reflected the high tide line further away from the water than where she was sitting. 'I'm not going to debate what's wet sand,' officer J. Guard told Day, insisting she move about 18 inches closer to the water in response to the property owner's complaint. Jakki Davis of Memphis, Tennessee, asked the officer what to do if a child in their group repeatedly wandered over the line. 'We've been coming here 26 years — this is sad,' she told POLITICO. 'We didn't know you could own the beachfront.' At a meeting that afternoon in DeFuniak Springs, County Attorney Adkinson, when asked by a county commissioner what will happen if the 2018 law is repealed, answered that 'nothing changes' on their local beaches. Adkinson explained that the county has entered into settlements with landowners that won't change as a result of the Legislature's reversal. He said the legislation will have a 'profound effect' on other cities and counties considering beach access ordinances, but not Walton County. But he also said the bill is a 'huge assist' that could resolve the beach disputes in the future. The bill establishes that public access is allowed in areas where beaches are widened with new sand. 'This for us is not the first step in reestablishing and restoring public use rights across more of our beaches,' he said. 'We've already taken those first steps.' But other speakers said Walton County could be doing more now to protect tourists and vacationers even after the 2018 law is repealed. 'How are we going to prevent the chaos from coming back?' Commissioner Brad Drake asked. 'People [are] saying I can set my towel here? 'No you can't.'' Dave Rauschkolb, a surfer who owns a beachfront restaurant in Walton County, called the problem 'almost unmanageable' and said the county must stop homeowners from intimidating visitors. 'They say, 'You can't sit here, you can't sit there,'' Rauschkold said. 'Well, those [beach visitors] folks are not going to come back. They're like, 'We're not coming to this beach any more.'' Day told the commission that she was told by an officer, 'If you're not in the tide you're not in the public space.' Adkinson interjected that he didn't agree with the officer's interpretation of where the public beach exists. 'This isn't the first time I've heard this,' the county attorney said. 'And every time it's been addressed as, 'We're sorry that's not what they've been instructed to do.'' Other commissioners said signs are needed to tell beachgoers clearly where they can be and where they can't be. 'In the past we had like 20 feet from the wet sand that was public,' Walton County Commissioner Donna Johns said. 'Why that's gone is beyond me.' Supporters and critics alike of the 2018 legislation say repealing it now will restore the status quo on beaches statewide that existed then, but not necessarily the peace. 'These are already existing public rights,' said Katie Bauman, Florida policy director for the Surfrider Foundation. 'The local ordinances were protecting that existing right.' 'I would say it makes it a little easier for the local governments to try to establish customary use,' said J. David Breemer, a senior attorney in California with the Pacific Legal Foundation. 'But it certainly doesn't give them a blank check or easy path to do that.' His property rights law firm is backing property owners in Redington Beach and supported the 2018 law. State Sen. Jay Trumbull, sponsor of the Senate legislation this year, said most messages he gets from residents of his district are about beach access. He recalled walking and fishing unimpeded along Walton County's beaches as a boy. But his children cannot do that now. 'What we are trying to accomplish is give people the opportunity to utilize Florida's most significant resource, our beaches, and allow those to be for everyone and not a select few,' Trumbull said.
