Posted on May 11, 2010 by Lisa Magill

Task Force to Address Impact of Oil Spill

Governor Crist Issues Executive Order 10-01 Establishing Gulf Oil Spill Economic Recovery Task Force.

The Executive Order issued today is intended to facilitate efforts to recover for losses resulting from the oil spill.  The task force is in addition to the "pro-bono" legal advisory council chaired by former Attorneys General Bob Butterworth and Jim Smith.  The task force will:

  • Coordinate State efforts to assist affected business and industries;
  • Monitor BP's compensation and claims processes;
  • Gather data regarding economic losses and industry indicators;
  • Promote business and tourism; and
  • Disseminate information and communicate with affected parties.

The Attorney General's office also launched a deepwaterhorizon website to keep Floridians informed about the State's efforts.  Citizens are encouraged to prepare for losses and protect themselves from fraud.

Community associations need to be aware that several governmental agencies have jurisdiction over coastline/beachfront issues.  It may be necessary to secure permits from the Army Corps of Engineers (“ACE”) and/or the Florida Department of Environmental Protection (“DEP”) before taking any action. Violating regulations could result in serious consequences.

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Posted on March 5, 2010 by Lisa Magill

Operation of Golf Carts Being Considered by Legislature

What policies does your community have in place regarding the use, storage and operation of golf carts?  Can owners ride the golf carts to the local convenience store, coffee shop or hair dresser?  Adoption of a new proposal will allow local governments to create their own regulations governing the use of golf carts, which pleases many Condo & HOA owners.  In Bradenton, Florida seniors listed golf cart usage as a priority, as the cost is insignificant and many of them have given up driving automobiles.  The Bradenton Herald recently included a story describing what changes would result from SB 2448. 

Ambiguities regarding the use of golf carts are not new.  In 2002, the Florida Attorney General released an Advisory Legal Opinion in reply to an inquiry regarding whether a municipality may impose a minimum age requirement for the operation of a golf cart which was more restrictive than those found in the Florida Statutes or whether a City may require the operator of a golf cart to have a valid Florida Driver’s License, the answer to both being 'no'.  In 2004, Charlie Crist, as Florida's Attorney General, issued an Advisory Legal Opinion (AGO 2004-60) implying that a community association could not adopt rules prohibiting persons under the age of 16 from using golf carts on public streets in the country club community.   He also indicated that the Association could not force golf cart users to use child safety devices, which resulted in changes to the Florida Statutes.

Under proposed SB 2448, the local government would be obligated to:

  1. issue a finding that golf carts, bicycles and pedestrians can share the sidewalk safely;
  2. consult with the Department of Transportation;
  3. restrict speed to no more than 15 mph and only permit use on sidewalks at least 8 feet wide;
  4. retain (or supplement) golf cart equipment requirements; and
  5. post appropriate signage.

Community associations need to address golf cart, scooter and other transportation device use and storage issues carefully - even with respect to private property.  Consult with counsel to determine what types of regulations are appropriate and enforceable.  It is also a good idea to check whether the insurance policies contain exclusions or specific requirements for claims involving golf carts.

 

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