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: 21,307
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: 21,307
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 1 month 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 1 month ago
Thanks
Was this answer helpful?
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Business Law
Satisfied Customers: 21,307
21,307 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

1,851 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

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

646 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 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
I have a question about my llc. New york new york. It was
Second opinion] I have a question about my llc JA: Can you tell me what state the LLC is registered in? Customer: new york new york JA: Has anything been officially filed? If so, what? Customer: yes i… read more
Damien Bosco
Damien Bosco
4,153 satisfied customers
In a commercial construction contract what clauses are
In a commercial construction contract what clauses are required by law (federal and state for Missouri)?… read more
Damien Bosco
Damien Bosco
4,153 satisfied customers
I have a not for profit 501c agency. I just found out that
Hello, I have a not for profit 501c agency. I just found out that my Chief Clinical Officer was charged with a crime (not convicted, but charged). Do I ask her to resign...what are my rights as the CE… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,855 satisfied customers
I'm aware booth rental for cosmetology students/estheticians
I'm aware booth rental for cosmetology students/estheticians is illegal in the state of PA (Cosmetology Law 1933) but there is not much clarification as to what constitutes booth renting. If I know so… read more
Andrew
Andrew
Attorney
Juris Doctorate
302 satisfied customers
To Socroteaser I need a recent court case from the U.S. Tax
To SocroteaserI need a recent court case from the U.S. Tax Court dealing with the amount listed on a patients bill as being the dominant factor in determining the income taxes under the accrual method… read more
socrateaser
socrateaser
1,031 satisfied customers
I was working with an accountant for about a year. My wife
Hello, I was working with an accountant for about a year. My wife and I have an S corporation for a therapy business and several rental properties. This accountant was slow and demonstrated a poor abi… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,034 satisfied customers
I am the owner of rental real estate in New York City.
I am the owner of rental real estate in New York City. Several years ago, I had a tenant who broke his lease early. The lease provided that lease deposits would be forfeited in the event of early leas… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,749 satisfied customers
We just moved to Florida and I was looking at the state laws
We just moved to Florida and I was looking at the state laws for practicing EFT (Emotional Freedom Technique) and Reiki. … read more
Edward Young
Edward Young
Juris Doctor
336 satisfied customers
We're starting a new business. We have the business license
We're starting a new business. We have the business license and LLC. We're trying to use 1 business names with two different spellings, so someone cannot come along and take something similar. Would i… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,148 satisfied customers
I owe California state taxes including BOE and state
I owe California state taxes including BOE and state franchise tax board for a previous business that closed. If I start an LLC, single member, and start a new business can the new LLC be levied or li… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,034 satisfied customers
I would like to know if I ( the patient ) in the state of
I would like to know if I ( the patient ) in the state of MO, can take legal action against my psychiatrist for not taking the legal steps to terminate me as a patient. He has not spoken to me ( the p… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
21,307 satisfied customers
I am a neurologist in nj and would like to offer friends and
Hi! I am a neurologist in nj and would like to offer friends and clients Botox at home without alcohol as s service . Could I do this without obtaining malpractice ? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I own a business I have a few complaint by the labor board
I own a business I have a few complaint by the labor board recently district attorney has gottten a search warrant and affidavit to my business location and my home took all my records receipts electr… read more
Eric Yepez
Eric Yepez
Law/J.D.
20 satisfied customers
Are the six year statutes of limitations of a breached
Are the six year statutes of limitations of a breached contract six years from the date it was signed or six years from when the breach was discovered? What if the contract was signed six years and on… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
491 satisfied customers
Can a business partnership be 50/50, but with a shared
Can a business partnership be 50/50, but with a shared profit of 60/40% … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,148 satisfied customers
We are a small start-up company and need an nda reviewed.
we are a small start-up company and need an nda reviewed … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
491 satisfied customers
We had a contractor that we fired last year, after six
we had a contractor that we fired last year, after six months work and $45K in charges. He originally claimed we owed him a further $4K. We sat down in November and I produced his costs compared to pa… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,749 satisfied customers
I run a print shop and occasionally get some photos that are
I run a print shop and occasionally get some photos that are a little on the "questionable" side. I'm wondering - at what point is something child pornography? At what point am I liable for that if so… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,174 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