Business Law

Ask a business lLawyer. Get business law questions answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Can an entity impacted by a Florida County Rule or Code

subject to an appellate process...
Can an entity impacted by a Florida County Rule or Code subject to an appellate process that can only legally begin when the entity is cited for non compliance,be in any way challenged as a denial of due process immediately?
(Which non compliance if the appeal were lost, would still make the entity liable for very substantial fines under the law for a very extended period of time while it complied),
Scenario: The County is seeking to enforce a particular rule regarding the retrofitting of sprinklers in certain buildings. The cost to retrofit is extremely high and the unit owners have previously legally rejected it almost unanimously. Now it has become inevitable unless challenged officially. They wish to dispute the application of the rule in the form of an appeal to the Broward County Board of Rules and Appeals. However, such an appeal can apparently only be made legally after the entity has been cited for non-compliance. The mandated work is estimated to take 18 to 20 months and cost the entity $millions.
Fines that can legally be levied are $500/day/unit. That comes to $10,000/day for a 200 unit building and $300K/month or $3.6 million/year. Theoretically the fines could come accumulate to $5-$6million before the work is completed. The entity does not wish to embark on the work unless it has no choice as a result of losing the appeal.
But, nor does it want to wait for the first citation and risk millions in fines.
What, if anything, can it legally do to resolve this issue?
Show More
Show Less
Ask Your Own Business Law Question
Answered in 16 hours by:
3/13/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Business Law
Satisfied Customers: 22,337
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Business Law Question

I am so sorry to read about your issue.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

If you receive a phone call offer, kindly disregard the offer. The offer is being made to you automatically by the site and not by me. Also, I do not participate in the phone call program.

Ask Your Own Business Law Question

Can an entity impacted by a Florida County Rule or Code subject to an appellate process that can only legally begin when the entity is cited for non compliance,be in any way challenged as a denial of due process immediately?

Response 1: Unfortunately, no. A party cannot preemptively argue a violation of due process when the City/government has not taken any action against the party. In this case, the issue (the controversy) would only arise unfortunately after the party has been cited for non-compliance.

But, nor does it want to wait for the first citation and risk millions in fines.
What, if anything, can it legally do to resolve this issue?

Response 2: Unfortunately, there is no way around this. The entity cannot challenge the City for violation of due process before the citation for non-compliance has been issued--before the controversy arises.

I am sorry that I do not have better news for you. However, as an Attorney and an Officer of the Court, I have ethical and professional obligation to provide you with accurate and honest information eventhough that information may not be in your favor.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Business Law
Satisfied Customers: 22,337
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Business Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
In the case above does the option of suing the State still remain, on the somewhat different but broader grounds that the law requiring the County to enforce something is a violation of the US Constitution, even if the County has not yet acted and therefore no harm has yet befallen the moving party?

Regrettably, my answer remains the same. You cannot preemptively sue the State for a possible action to be taken by the City.

Ask Your Own Business Law Question
Customer reply replied 4 months ago
Thanks
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a business lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Business Law
Satisfied Customers: 22,337
22,337 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

2,002 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

778 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

678 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

604 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
Which legal authority (under Florida law) has the ultimate
Which legal authority (under Florida law) has the ultimate say in determining the interpretation of a Florida statute calling for a change in the local Construction Code that requires the implementati… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,233 satisfied customers
What is the proper venue, state of federal, for challenging
What is the proper venue, state of federal, for challenging a Florida Agency's administration of a Florida statute that requires it to complete a particular procedure prior to enforcement, which it fa… read more
socrateaser
socrateaser
1,031 satisfied customers
The following is my writing and prepare to file before 11/15
The following is my writing and prepare to file before 11/15 pro se.DEFENDANTS' MOTION TO SET ASIDE ORAL STIPULATION AGREEMENTDefendants move the court to set aside the oral stipulation agreement made… read more
AttyHeather
AttyHeather
Attorney
Juris Doctorate
637 satisfied customers
We have a non-profit religious 501-c3 organization in Austin,
We have a non-profit religious 501-c3 organization in Austin, TX. The Board is supposed to follow its Constitution and Bylaws, share its income/expense and other records with members, but they regular… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,611 satisfied customers
Patriot Act: What are current requirements for Taxpayer Identification
Patriot Act: What are current requirements for Taxpayer Identification Number disclosure for a non-financial company not doing business with a State or Federal government? We are a jewelry chain whole… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,020 satisfied customers
Is their such a thing as a circuit if one Circuit Court
Is their such a thing as a circuit spit if one Circuit Court did not publish its opinion under a non-publication, non-precedent setting rule?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Hi i was employed for 6 years at a SW firm as Pre-sales and
Hi i was employed for 6 years at a SW firm as Pre-sales and then sales director for Latin America. The first 3 years were in Israel (im originally from israel) and then I moved to Miami USA and renewe… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,611 satisfied customers
How are non physician corporate owned and managed urgent care
How are non physician corporate owned and managed urgent care clinics circumventing the corporate practice of medicine in Texas? There are several different corporations currently doing this.… read more
J. Warren
J. Warren
Attorney
Doctoral Degree
2,241 satisfied customers
California LLC question. If I filed the Articles of Organization
California LLC question. If I filed the Articles of Organization document registering the name of my LLC, with the California Secretary of State Office. and for the next 7-stright years, I did not pay… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
Quick appellate question? IMPORTANT NOTE: This project pays
Quick appellate question? IMPORTANT NOTE: This project pays a tip of $50 for a good answer. I wish to file a writ of certtiorari based on 2 issues and need direction on the correct legal arguments. My… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have a civil judgment in the state of PA against someone
I have a civil judgment in the state of PA against someone who has moved to New Jersey and I do have his new NJ address. I want to transcribe/transfer the judgment to the NJ courts and have found inst… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,769 satisfied customers
Business Ethics Jon-T Chemicals, Inc. (Chemicals), was an
Business Ethics Jon-T Chemicals, Inc. (Chemicals), was an Oklahoma corporation engaged in the fertilizer and chemicals business. John H. Thomas was its majority shareholder and its president and board… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Hello, what is the Federal rules of civil procedure to call
Hello, what is the Federal rules of civil procedure to call an exparte hearing in Federal Civil court California south central district… read more
socrateaser
socrateaser
1,031 satisfied customers
For CA Non-Profit Mutual Benefit Corporation where Bylaws do
For CA Non-Profit Mutual Benefit Corporation where Bylaws do not include language from Section 7514 of CA Corp Code (requiring that Proxy specify approval or disapproval of each item being voted on), … read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
778 satisfied customers
Please see http //redmondccc.org/content.php pg 1 and its member
Please see http://redmondccc.org/content.php?pg=1 and its member links. Based on that (limited) info, please offer your opinion whether RCCC should be considered a quasi-municipal corporation. RCCC is… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Judge ruled against me and declared a non suit and gave the
Judge ruled against me and declared a non suit and gave the other party a $150,000 judgement for legal fees and costs. I have appealed this judgement. Is there a automatic stay of fees authorized by s… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
If the shareholders agreement has a clause stating This Agreement
If the shareholders' agreement has a clause stating “This Agreement may be amended only by a written agreement executer and delivered by the holders of more than fifty percent (50%) of the issued and … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Are all non exempt,non participating Fl. licensed physicians
Are all non exempt,non participating Fl. licensed physicians legally required to pay 250.00 to the NICA fund?… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x