Abstract

FLORIDA'S LOCAL HISTORIC PRESERVATION ORDINANCES: MAINTAINING FLEXIBILITY WHILE AVOIDING VAGUENESS CLAIMS

GEORGE B. ABNEY

Copyright 1998 Florida State University Law Review

This Comment predicts how Florida's local historic preservation ordinances are likely to fare in the face of vagueness challenges, and offers recommendations for strengthening ordinances to withstand such challenges. Part II provides background information on the development of local historic preservation ordinances and the vagueness doctrine. Part III provides an overview of how Florida courts and courts around the country have evaluated vagueness claims in the context of local historic preservation ordinances. Part IV reviews Florida's local historic preservation ordinances in light of the standards applied by courts. Part V recommends changes in Florida's local historic preservation ordinances that will help insulate local governments from vagueness challenges while maintaining the level of flexibility necessary for the continued protection of Florida's historic resources. Finally, Part VI concludes that although Florida's local historic preservation ordinances are likely to hold up well in the face of vagueness challenges, improvements can be made to further insure their continued validity, which, in turn, will further insure the preservation of Florida's invaluable historic resources.

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