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2023 Flashcards

1
Q

Authorized Investment WITHOUT an investment plan
Vs.
With a plan.

A

4 = no plan
9 = w/ plan.
When you DON’T have a plan, Surplus Markets Save the Treasury from the Federation of Israel’s Securities Investment Company Act.

1) LG Surplus Funds Trust Fund (or interlocal)
2) SEC money mkts w/ highest rating;
3) CDs or savings accts.
4) US Treasury obligations.
***
5) Fed. agencies.
6) Rated or unrated bonds backed by Full Faith & Credit of ISRAEAL.
7) Securities of investment company registered under the Investment Company Act.
———
(a) LG Surplus Funds Trust Fund or any intergovernmental investment pool authorized via Interlocal;
(b) SEC registered money market funds w/ highest credit quality rating from a nationally recognized rating agency.
(c) CDs or savings account bearing interest in a qualified public depository;
d) Direct obligations of the US Treasury.
(e) Federal agencies and instrumentalities.
(f) Rated or unrated bonds, notes, or instruments backed by the full faith and credit of the government of Israel.
(g) Securities of, or other interests in, any open-end or closed-end management-type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian.
(h) Other investments authorized by law or by ordinance for a county or a municipality.
(i) Other investments authorized by law or by resolution for a school district or a special district.

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2
Q

Where can you invest if you have a plan?

A

When you have a plan, Surplus Markets Save Treasury Agents a Rating by Israeal’s Investment Company Act.

1) LG Surplus Funds Trust Fund (or interlocal)
2) SEC money mkts w/ highest rating;
3) CDs or savings accts.
4) US Treasury obligations.
5) Fed. agencies.
6) Rated or unrated bonds backed by Full Faith & Credit of ISRAEAL.
7) Securities of investment company registered under the Investment Company Act.
———
(a) LG Surplus Funds Trust Fund or any intergovernmental investment pool authorized via Interlocal;
(b) SEC registered money market funds w/ highest credit quality rating from a nationally recognized rating agency.
(c) CDs or savings account bearing interest in a qualified public depository;
d) Direct obligations of the US Treasury.
(e) Federal agencies and instrumentalities.
(f) Rated or unrated bonds, notes, or instruments backed by the full faith and credit of the government of Israel.
(g) Securities of, or other interests in, any open-end or closed-end management-type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian.
(h) Other investments authorized by law or by ordinance for a county or a municipality.
(i) Other investments authorized by law or by resolution for a school district or a special district.

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3
Q

How much is the CAP on Taxable Value of Non-Homestead Residential Property?

A

10%.

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4
Q

How much is the CAP on:
(a) Taxable Value of Non-Homestead Residential Property?
(b) Taxable Value of Non-Residential Property?
—-
What is expiration date of the cap?

A

10%. [eA - 3% for homestead (SOS)]
—-
Cap is permanent via Constitutional amendment.

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5
Q

What is the major difference between:
1) The non-homestead residential cap &
2) The non-residential cap?

A

The Legislature is
1) Required to provide for reassessment at just value upon the sale of the non-homestead residential property
&
2) May provide for such reassessment for non-residential property.

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6
Q

Is the non-homestead residential cap & the non-residential cap PERMANENT?

A

Yes, per voters to Constitutional Amendment

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7
Q

What is “double homestead”?

A

Amendment to Constitution providing for the doubling of the homestead exemption for all taking units except school districts.

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8
Q

How does double homestead work?

A

Everyone qualified for an exemption up to $25k.
Once you homestead’s assessed value exceeds $50k, you get 1$ for every $1k.
Value = $25k, Exemption = $25k.
Value = $49k, Exemption = $25k.
Value = $51k, Exemption = $26k.
Value = $75k, Exemption = $50k.

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9
Q

What is Save Our Homes?

A

Value cannot jump 3%.

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10
Q

What governs PERC actions?
Where appeal PERC decision?

A

FL Administrative Procedures Act.
District Court

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11
Q

Is there a duty to mitigate severance damages in ED?

A

No. But, Cost to cure is relevantonly to the extent it may have an impact upon FMV of the remaining property as of the moment of the taking, and not otherwise.
“Adutytomitigate. . . damages is something of a misnomer in this context,
because neither party has an obligation to cure or mitigate anything.” Id.

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12
Q

To what extent is cost to cure relevant in ED?

A

In SEVERANCE damages, cost to cure is relevantonly to the extent it may have an impact upon FMV of the remaining property as of the moment of the taking, and not otherwise.
“Adutytomitigate. . . damages is something of a misnomer in this context,
because neither party has an obligation to cure or mitigate anything.” Id.

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13
Q

Is there a duty to mitigate business damages?

A

Yes, A condemnee has a duty to mitigate his losses . . .,” Mulkey v. Division of Admin., State of Fla., Dept. of Transp., 448 So.2d 1062, 1067 (Fla. 2d DCA 1984);

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14
Q

What is considered if business owner moved during ED?
Why?

A

If the business relocates & continues to operate, this must be considered in business damages. Systems Components Corp. v. DOT, 14 So. 3d 967, 980 (Fla. 2009).
Why? Because total loss of the business is a fiction.

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15
Q

What 2 methods of finance are permitted for Munis via Ch. 170?

A

SAs on abutting or otherwise specially benefiting for:
1. Roads, sidewalks, street lighting, street furniture.
2. Sewers. water mains.
3. Parks.
4. Seawalls, dams, weirs, boatways.
5. Parking garages & public transport.

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16
Q

For what 6 things does 170 require referendum?

A

1.. Off street parking.
2. Parking garages.
3. Public transport.
—
Stabilize, promote, market, manage:
4. Business district.
5. Wholesale business district.
6. Nationally recognized historic district.

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17
Q

Does 170 give Muni extraterritorial powers?

A

If Muni legally obligated to provide WATER or SEWER to unincorporated area, may collect upon connection.

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18
Q

What kind of benefit is required of 170?

A

Different in type or degree from public as a whole.

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19
Q

How does 170 treat improvement of business or historic districts?

A

Subject to vote of affected property owners, can fund marketing, maintenance, operation of:
(a) Retail business districts,
(b) Wholesale business districts, or
(c) Nationally recognized historic districts,

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20
Q

Under 170, can Muni issue bond to fund ongoing operate retail business districts, wholesale business districts or nationally recognized historic districts?

A

No. Expressly states that it does not authorize a municipality to use bond proceeds to fund ongoing operations of these districts.

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21
Q

When does 170 require referendum?

A

SAs on:
1. Ag land w/o residence or non-residential bldg value (except pole barn) under $10k
2. Bonds for ongoing operations of business or historic districts.
———
170 requires referenda on
1) SAs for parking garage or mass transit.

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22
Q

When can SA for fire on ag land under 170?

A

No, free pass to ag land owner if he has a pole barn.
Pole barns are carved out.
———-
SAs for fire on ag land w/ residence or nonresidential farm bldg (pole barns don’t count) valued over $10k.

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23
Q

When does 170 require referendum?

A
  1. SAs for off-street parking, parking garages, mass transportation.
  2. SAs for marketing, maintenance, but can NEVER include operation of business or historic districts.
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24
Q

What can you NEVER do under 170 regardless of whether you held a referendum?

A

NEVER can SA for fire on ag land w/o residence or w/ a nonresidential farm bldg (not counting pole barn) valued less than $10k.

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25
What are the 4 extraterritorial things Munis are forbidden to do?
(1) Annexation, merger, and exercise of extraterritorial power, which require general or special law pursuant to s. 2(c), Art. VIII of the State Constitution; AND Any subject: (2) Expressly prohibited by the constitution; (3) Expressly preempted to state or county government by the constitution or by general law; and (4) Preempted by a Charter County.
26
What 6 territorial things are Munis forbidden to do?
1. Affect the creation or existence of a municipality, 2. Terms of elected officers & manner of election except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates, 3. Distribution of powers among elected officers, 4. Matters prescribed by the charter relating to appointive boards, 5. Change in the form of govt., 6. Rts of muni employees, without approval by referendum of the electors as provided in s. 166.031.
27
What is a surprising thing Munis can do by ordinance w/o a referendum?
Redefine boundaries to include lands previously annexed.
28
What are the 2 affordable housing land use provisions?
125 & 166 have been amended to permit: 1) Inclusionary Housing Ordinances & 2) Linkage Fees.
29
What is an inclusionary housing ordinance?
125 & 166 permit requiring a developer of a new development to create a certain # of affordable housing units or to contribute money to such a fund.
30
What is a linkage fee?
125 & 166 permit imposing a linkage fee on a new development to defray the cost of affordable housing the new development will require.
31
Is Linkage Fee mandatory? What 3 things must be proven?
It is the discretion of LG.
32
What must LG prove in the test of a linkage fee?
1) Essential nexus, i.e., fee is related to need for addtl. facilities created by the new development; 2) Fee does not exceed the cost of addtl. facilities; & 3) Fee is used for those new facilities.
33
How is a linkage fee NOT a Taking?
Not a Taking if: 1. Essential nexus b/c restriction & legit govt. int. & 2. Fee is proportional to the effects on the legit govt. int. created by the new development.
34
What did the FL Supreme Court say about linkage fees?
LGs may impose a fee on new development so long as: 1) Fee is related to a need for addtl facilities created by the new development & 2) Fee does not exceed the costs of additional facilities, & 3) Fees are used for the additional facilities.
35
What does an Inclusionary Housing Ordinance require from the Developer?
Developer to either: 1) Provide a specific # or % of affordable housing units w/i a development OR 2) Contribute to a housing fund or other alternative.
36
What does an Inclusionary Housing Ordinance require of LG? Give examples.
Provide incentives to FULLY offset all costs to the developer for its affordable housing. 1. Allow Developer density or intensity bonus incentives or more floor space than allowed under the current or proposed future land use designations; 2. Reduce or waive fees, such as impact fees or water and sewer charges; or 3. Other types of incentives.
37
State 3 things LG must do in exchange for both: 1) Linkage Fee 2) Inclusionary Housing Ordinance.
Must FULLY offset all costs to Developer for the affordable housing. --- 1. Allow Developer density or intensity bonus incentives or more floor space than allowed under the current or proposed future land use designations; 2. Reduce or waive fees, such as impact fees or water and sewer charges; or 3. Other types of incentives.
38
Can LG set a standard across-the-board rate of a linkage fee? What 3 things can Linkage Fee be based off of?
Can be flat fee or %-based fee. Calculated on the basis of: 1) # of approved dwelling units, 2) Amount of approved square footage, or 3) Otherwise.
39
If LGs make a new entity from 163, what 5 powers will it have?
1. Make and enter Ks; 2. Employ agencies or employees; 3. Acquire, construct, manage, maintain, or operate buildings, works, or improvements; 4. Acquire, hold, or dispose of property; and 5. Incur debts, liabilities, or obligations which do not constitute the debts, liabilities, or obligations of LGs.
40
Can a new 163 entity issue bonds?
Yes, for capital projects. May exercise all powers in connection with the authorization, issuance, and sale of bonds for the purpose of financing or refinancing any capital projects.
41
If new 163 entity issues bonds, whose debt is it?
Considered as issued on behalf of the counties or municipalities that enter into loan agreements w/ the 163 entity, for the bond proceeds.
42
What is a 163 new entity?
A separate legal entity created by interlocal agreement and controlled by a municipality, a county, or a combination thereof.
43
If 163 entity issues bonds, who can get the proceeds?
The proceeds may be loaned to LGs, wh/ or not such LGs are mbrs of the 163 entity issuing the bonds.
44
How come bond issued by 163 entity can be lent to LGs?
163 Entity issuing such bonds to fund a loan program for subsequently identified capital projects is deemed a paramount public purpose.
45
Can a 163 Entity issue Revenue Bonds?
Yes. To loan such bond proceeds to LGs or a PRIVATE ENTITY for “self-liquidating” projects. This includes private entities whether or not they are located within a county or municipality that is a member of the entity issuing the bonds. The paramount purpose of the statute is expanded to include making loans to private entities.
46
I'm sorry, did I hear you right that a 163 Entity can lend funds to private parties? -To private entities located w/i 163 or its LG members? --- If so, what kind of funds? --- Why is this legal? I
Yepper. -No, located anywhere. Doesn't have to be located in the member County or member Muni. --- Loan bond proceeds for self-liquidating projects. --- Paramount purpose is expanded now to include making loans to private entities.
47
How to ADUs play into affordable housing? Why would you count them?
Accessible Dwelling Units (kitchen, bath, bed) can be permitted by LGs in strictly SFR areas. Counts towards CP element for housing.
48
What says that AV taxes must be uniform within a taxing unit? —- What can be non-uniform? But, can’t exceed what amount?
Art. 7, Sec. 2. —- Intangible personal property tax. Not to exceed 2 mills on the dollar.
49
What if Muni wants to exempt new business from AV. Can it do that by ordinance?
After referendum, pass ordinance.
50
What 4 things require a referendum?
1. Muni annexation. 2. County or Muni to grant AV exemption for economic development to business per 196.1995; 3. Creating special or neighborhood business improvement district per 163.511; & 4. County charters.
51
How does muni annex?
2 hearings @ 7 & 5 days notice. Once voted, goes into effect in 10 days.
52
Do all or just landowners vote on muni annexation?
All registered voters of the area being annexed. Muni can also choose to submit a separate vote to registered voters of the municipality.
53
Is annexation vote held on special date?
Can be. Goes on next general Election Day or specially set.
54
Who can vote on muni annexation?
Definitely registered voters in the area being annexed. Muni can choose to submit it for a separate vote of the registered electors of the municipality.
55
If annexation fails, how soon try again?
2 years.
56
What comes first, special neighborhood improvement district or special residential improvement district or business improvement district?
163.511. First special neighborhood improvement district. Can then create business or residential by separate ordinances.
57
Can a special neighborhood improvement district exercise eminent domain?
It may depending on powers instilled. See FS 163.511.
58
Do citizens get a vote on a special neighborhood improvement district? Special residential improvement district? Or special business improvement district? —- When is voting restricted?
On the last 2. *freeholders only vote on business district.*
59
Create special neighborhood improvement district. Now want special residential improvement district or special business improvement district. What are the steps?
Pass ordinance & hold vote.
60
Can citizens initiate a special residential improvement district or a special business improvement district?
~remember, there are twice as many residents as businesses~ —- Yes. Petition with signatures of 40% of voters in residential or 20% in business.
61
Under a 163.511 special residential improvement district or a special business district initiated by the voters, when is it effective?
When city clerk or supervisor of elections certified results.
62
Under 196.1995, if county or muni wants to give AV exemption to a business for economic development, what is the procedure?
1. LG votes to hold a referendum > OR < 2. LG received petition signed by 10% of registered voters. > OR < 3. LG receives citizen initiative signed by % required by your charter or per your charter’s requirements to amend the charter. —- FS 196.1995
63
Is exemption from AV for economic development available to all businesses?
New or Existing in a brownfield area.
64
How frequently can you call for a referendum for AV exemption to a business for economic development?
1 x 12 months.
65
How long can an AV exemption for economic development last?
10 years. Can be renewed for unlimited 10 year periods IF A VOTE IS HELD EACH TIME.
66
Mechanics of settlement agreement after challenging an ordinance that is inconsistent with the CP.
Public hearing.
67
Can LG get AF when it’s development order is challenged as inconsistent with the CP?
Yes - either prevailing p can get AF.
68
Who can challenge development order that is inconsistent with CP?
AAA dec de novo.
69
Who is AAA?
Exceeding interest or LG challenging dev order as inconsistent with CP.
70
Per se due process.
1. Deprivation of constitutional right. 2. State action. 3. Constitutionally inadequate process.
71
Due process as applied, claiming LG exceeded its policing powers.
To show LG exceeded its policing powers, show: Pervasive or widespread violation of due process rights.
72
Per se taking.
Can be just a corner but LG pays for what it takes. ——- 1. LG took all OR PART of property. 2. Permanently. 3. For public use.
73
Which is for extraordinary circumstances, per se taking or regulatory?
Per se. Took any part permanently for public use.
74
Regulatory taking.
What is the Regular PRICE for the taking? —- 1. Penn Central. 2. Regulatory deprives ALL productive use. 3. Interference with reasonable Investment backed expectation. 4. Character of LG conduct. 5. Extent of Economic impact.
75
Differences between per se & regulatory.
Per se can be just a corner. Regulatory must be All productive use.
76
Inverse condemnation.
1. LG enters private property. 2. Under color of law. 3. Devotes it to public use. 4. Or otherwise uses it to substantially oust owner. —- Me - there is no More than momentary. 3.
77
Due process standard for a land use regulation (not a taking standard).
Due process is whether regulation substantially advances a legitimate state interest.
78
Equal protection & land use.
Housing types or density of housing developments has precluded a class from a community. Heightened security is given to a regulation impinges a suspect class or fundamental right. But otherwise deference.
79
What is class of one?
In equal protection when proposed land use project has been singled out & treated differently for no RATIONAL REASON *** note that we have to find a discriminatory intent*** Mere ARBITRARY administration of an ordinance IS NOT DISCRIMINATION OR VIOLATE EQUAL PROTECTION. Bond or v. Town of Jupiter Inlet Colony, 321 So.3d 774 (Fla. 4th DCA 2021).
80
What method is used to appeal a trial court’s denial of immunity?
Writ of Certiorari
81
Why appeal denial of immunity with writ of certiorari?
Because immunity means not having to defend. Any remedy on appeal after the case had been fully defended would be meaningless.
82
What must be shown on all certiorari petitions? ~ I think this has to do with appellate for sovereign immunity.~
1. Departure from essential elements of law. 2. Resulting in material injury. 3. That cannot be corrected post judgment on appeal.
83
What is the controlling factor when absolute immunity applies?
Whether communication was within scope of duties.
84
Does bad faith defeat common law absolute immunity?
No. (Different under 768.28.)
85
What is standard of review for appellate court reviewing denial of 768.28 immunity?
De novo.
86
For Muni, how many hearings for typical ordinance? How many notices? What is timeframe for notice(s)? So what’s the catch?
1 hearing, 1 notice. 10 days before adoption. BUT Read on 2 separate days.
87
What is the key acreage for county rezoning?
10 contiguous acres.
88
Procedure for change in zoning map, initiated by citizen.
1 hearing 1 notice 10 days prior. EA- no acreage or map applies. 125.66
89
For less than 10 contiguous acres: Procedure for 1) County initiated change in zoning map & 2) Anybody initiated change in actual list of permitted, conditional & prohibited uses within a zoning category.
If less than 10 acres: (a) 1 hearing noticed 10 days prior AND 2) clerk mail notice to owners whose land will be re-designated & whose address is in the AV tax records.
90
For OVER 10 contiguous acres: Procedure for: 1) Anybody initiated change of actual list of permitted, conditional & prohibited uses within a zoning category, OR 2) County initiated change the zoning map.
A lot like 163: 1) 2 hearings, 1 after 5 pm unless voted by majority + 1 to hold another time, 2) 1st hearing - 7 days. advance 3) except for change in pcp, must include map. -OR- - IN LIEU OF ADS- Mail a notice to each person owning property in the area covered by the ordinance or resolution.
91
What is standing required to challenge adoption of ordinance or resolution for failure to strictly adhere to statute, re: rezoning?
Person who was entitled to actual or constructive notice. This does not affect standing require under 163.
92
What is procedure for amending or entering developers agreement?
2 hearings but one can be in front of LPA. Notice 7 days in advance.
93
Actual zoning map designation.
That is just a regular 1x hearing with 10 days notice.
94
Change actual list of permitted, conditional or prohibited uses OR Actual zoning map designation of parcel or parcels of 10 acres or less. (Doesn’t matter who initiated)
To change actual pcp users, whether county or citizen initiated. If less than 10, (a) 1 x notice @ 10 days prior, AND (b) mail to property owners, (c) 30 days in advance
95
County initiated change to actual zoning map.
If less than 10, a) 1 x notice @ 10 days; b) mail to Property owners 30 days in advance.
96
When must map be in rezoning ad?
County initiated 10 acres or more.
97
When must rezoning notice be mailed? —- When may it?
MUST MAIL: 10 acres or less. Doesn’t matter is pcp or map change. Doesn’t matter who initiated. —- If 10 or more & (1) county initiated zoning map change OR (2) anybody initiated pcp change. Can mail in lieu of 7+5=10 hearings.
98
State who is the only person punished for a violation of Sunshine? What is penalty for: (A) Unknowing violation? (B) Knowing violation? ---------- Which is similar to PO violation of PR?
Public official. (A) Unknowing = non-crim @ $500. (B) Knowing = 2nd deg. misd. @ $500 + 60 days. --- Unknowing violation by PO of Sunshine + PR are both non-criminal @ $500. * public records intentional = 1st Deg Misd., $1k + 1 yr
99
State how PO is punished for a violation of Public Records laws - (A) Unknowing. (B) Knowing. ---------- Which is similar to a PO violation of Sunshine?
(A) Unknowing = non-crim @ $500 (B) Knowing of 119.07(1) = 1st deg. misd. @ $1k + 1 yr + removal. ---------- Unknowing violation by PO of Sunshine & PR are both non-criminal $500.
100
The Whistleblower's Act permits request for temporary reinstatement while the claim progresses. What employer is specifically EXEMPTED from this? In other words, who NEVER has to give temporary reinstatement during a whistleblower claim?
Municipality.
101
To whom must whistleblower direct his complaint?
CEO of LG.
102
What is timeline of whistleblower filing?
60 days from adverse action, file complaint w/ LG. 180 days after LG decision, file lawsuit
103
Can LG official be individually liable for passing an ordinance on firearms regulation (a subject preempted to the state)? What is required to be shown? What is or is not a defense?
Yes. $5k. Court must find the PO's violation was "knowing or willful." There is NO DEFENSE of good faith or acting on advise of counsel.
104
What is the exception for having rights restore to vote?
Murder or sexual felony offense. Otherwise, felons right to vote is restored upon completing their sentences. --- Amendment to Article 6. (Amend. 11, 1998.
105
Who has right to vote?
18 & permanent resident of the State & duly registered. Amendment to Art. 6, adopted 2020. Electors.—Only a citizen of the United States who is at least eighteen years of age and who is a permanent resident of the state, if registered as provided by law, shall be an elector of the county where registered.
106
What are 5 ways to propose an amendment to the FL Constitution?
Article 11: Following ways, which must then be approved by voters in a general election 1. Joint resolution agreed to by 3/5 of each house; 2. CRC (every 20 yrs); 3. Citizens’ initiative petition; 4. Taxation & budget reform commission (every 20 years – next meeting 2027); & 5. Constitutional convention to consider revision of the entire constitution.
107
What percentage of voters is required to pass amendment to FL Constitution?
60%
108
If get requisite votes to amend FL Constitution, what is next step to become law?
None - it is law once 60% voters approve. No executive veto, no judicial review, no legislative remedies.
109
Why was 2017 CRC such a debacle that it almost scrapped the CRC?
It bundled issues on the ballot. Lots of backlash.
110
Governor signs bill. State the 3 ways to determine when it is a law.
~like whistleblower @ 60~ —- 1. Date of Gov's signature. 2. 60th day after adjournment. OR 3. Date specified therein.
111
If Governor vetoes a bill, does it die?
No, can go back to the houses for 2/3 vote to override.
112
What are the 2 ways Governor approves a bill?
Signature or no signature. He sends to Secretary of State. It becomes effective upon Gov's signature, 60th day after adjournment or date specified therein.
113
What are the 2 broad categories of inverse takings?
1) Per se or physical taking. 2) Regulatory taking.
114
What is per se taking.
Plant your flag.
115
What are 2 types of regulatory takings?
#1) Per se. Regulation: (a) Authorizes physical invasion (temporary or permanent) OR (b) Deprives O of all economic use. --- #2) Ad hoc regulatory taking.
116
There are 2 types of regulatory takings (1) Per se & (2) Ad hoc regulatory taking. ---------- State the 2 things that can be shown to prove Per Se.
(a) Authorizes physical invasion (temporary or permanent) OR (b) Deprives O of all economic use.
117
There are 2 types of regulatory takings (1) Per se & (2) Ad hoc regulatory taking. ---------- State the things that can be shown to prove Ad hoc.
PRICE P - Penn. R - Regulatory. I - Interferes (shown by investment backed). C - Character of govt. action. E - Economic impact.
118
What are the 4 categories in Trianon?
1) Executive, legislative, permitting & licensing. 2) Law enforcement & public safety protection. 3) Capital improvements & property control function. 4) Professional, educational & general services for HSW.
119
Which 2 categories from Trianon are immune & why?
1. Executive, legislative, permitting & licensing. 2. Law enforcement & protection of public safety. --- They are inherent in the act of governing. A govt. can't be held liable for its negligence arising from such conduct.
120
What 2 categories from Trianon are NOT immune & why?
3. Capital improvements & property control function 4. Professional, educational & general services. --- There MAY be liability b/c there is a CL duty of care regarding how property is maintain & operated and how professional services are performed.
121
When is in camera mandatory?
Mandatory camera Confess you SUC ASs. 1. Confession (until joy), 2. leo Surveillance techniques, 3. Undercover, 4. Confidential informant, 5. Attorney work product, 6. agency produced Software.
122
When is in camera discretionary?
Active criminal investigation & active criminal intelligence info.
123
How did FL change its SJ standard?
#2 – Florida recently changed to a Federal standard for summary judgment [FRCP 1.510(a)]. No longer is it “genuine issue” but is now “genuine dispute.” As part of it, the Judge must state the reasons for his decision in his Order.
124
What are the 2 appellate standards of review for SJ? How might an appellant use them? --- Remember, what is the new SJ requirement?
1) If decided on law = de novo. If the judge didn’t state his reasons, I would argue that he departed from the essential requirements of the law. 2) If decided on fact = competent substantial evidence. Appellate court just looks for it, does not weigh it. If the Judge didn’t state his reasons in his ruling, perhaps a losing appellant could argue a mixed question of law/fact & argue the departure of the essential requirements of the law. --- Remember - FL recently changed to a Fed SJ [FRCP 1.510(a)]. No longer is it “genuine issue” but is now “genuine dispute.” As part of it, the Judge must state the reasons for his decision in his Order.
125
1. Does 42 U.S.C. §3604(f)(3)(B) apply to local zoning ordinances or merely to the rules and regulations put in place by property owners and associations?
Yes. 42 U.S.C. §3604(f)(3)(B) forbids local governments from discriminating against any person with a handicap by making a dwelling unavailable by refusing to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.
126
2. What is the proper test for whether an accommodation to a zoning ordinance is required?
The proper test for whether an accommodation is required is whether the accommodation is reasonable and necessary to allow a person with a handicap to have equal use of a dwelling. ---------- a. What is a handicap under the Fair Housing Act? A handicap is a physical or mental impairment which substantially limits a major life activity, or a record of having such an impairment, or being regarded as having such an impairment. b. When is a requested accommodation “necessary”? An accommodation is necessary when it will ameliorate a handicap and, in doing so, allow the handicapped person equal opportunity of use and enjoyment of the dwelling. c. When is a requested accommodation “reasonable”? An accommodation is reasonable when the benefits to the handicapped person outweighs the burdens on the person granting the accommodation.
127
a. What is a handicap under the Fair Housing Act?
A handicap is a physical or mental impairment which substantially limits a major life activity, or a record of having such an impairment, or being regarded as having such an impairment.
128
b. When is a requested accommodation “necessary”?
An accommodation is necessary when it will ameliorate a handicap and, in doing so, allow the handicapped person equal opportunity of use and enjoyment of the dwelling.
129
c. When is a requested accommodation “reasonable”?
An accommodation is reasonable when the benefits to the handicapped person outweighs the burdens on the person granting the accommodation.
130
3. Can an emotional support animal, without specialized training, be a reasonable accommodation under the Fair Housing Act?
Yes. Emotional support animals under the Fair Housing Act need not have specialized training as service animals under the Americans with Disabilities Act are required to have.
131
4. Is a note from a health care provider that an emotional support pig would be “medically helpful” sufficient to require the county to grant an accommodation under the Fair Housing Act?
No. This alone does not substantiate that the accommodation is reasonable and necessary; nor does it establish that there is an actual handicap recognized by the Fair Housing Act.
132
5. What manner of proof is required to substantiate that an accommodation is warranted?
A person seeking an accommodation must substantiate a. that there is a person with a handicap within the definition provided in the Act who wishes to reside in the dwelling; b. that the requested accommodation is reasonable; and c. that the accommodation is necessary (defined as alleviating the handicap) for the handicapped person to have equal use of the dwelling.
133
1. Inverse condemnation is derived from what? --- 2. What does it entitled the property to? --- 3. Can a lender claim inverse condemnation? Why or why not? --- 4. What might a lender consider?
1. Derived from the Florida Constitution. 2. O entitled to full compensation when that property is taken for a public purpose. --- 3. No standing b/c has a lien interest only, no ownership interest. --- 4. 5th Amendment taking (just comp.)
134
What are the 2 types of 5th Amendment takings & their elements.
5th Amendment Takings: Traditional - invades property, just comp. Regulatory - all beneficial use.
135
Does destruction of property equate to taking?
Yes.
136
If building demolished by LG w/o notice to lender, we know he doesn't have an inverse condemnation claim (b/c no ownership interest). What 2 claims does he have? Based on what interest?
He has a PROPERTY interest afforded protection via 1983 to a: 1) 5th Amendment taking + 2) 14th Amendment procedural due process.
137
What kind of interest is protected under: A. Inverse condemnation? --- B. Taking? --- C. Procedural due process?
A. Ownership interest. B. Property interest. C. Property interest.
138
BERT HARRIS —- What are the 4 things that define a foreseeable use under Bert Harris? --- What should I look for to base an argument?
1. Reasonably foreseeable, 2. Nonspeculative use 3. Suitable for the subject real property & 4. Compatible with adjacent land uses --- Zoning allows the intended use. (Indian River)
139
What 2 things does existing zoning show in a Bert Harris claim? --- What are the 6 things that make up "foreseeable use" under BH?
1. Use is nonspeculative. 2. Per se compatible w/ adjacent land uses. --- BH's forseeable use: 1. Reasonably foreseeable, 2. Nonspeculative use 3. Suitable for the subject real property & 4. Compatible w/ adjacent land uses
140
We know that BH "inordinately burdened" is shown by looking @ O's reasonable investment backed expectations. --- Whether O's expectations for development are reasonable and investment backed depends upon what?
Depends on the physical and regulatory aspects of the property. (Indian River)
141
Bottom line, how argue O shows: 1. “existing use” of property is reasonably foreseeable and nonspeculative, & 2. Inordinate burden.
SHOWN THRU O's reasonable, investment backed expectation for the use of the property, --- DEMONSTRATED BY the physical and regulatory aspects of the property.
142
When filing a constitutional claim, what did I learn about recovering from employee & LG? Ex. Sheriff & Deputy
PL can't recover from both but in FEDERAL court, can plead 'in the alternative.'
143
Because Federal law permits PL to plead 'in the alternative' when going after both LG & its employee, what is the nifty trick when ALSO alleging wrongful death (intentional tort) under 768?
PL gets both. He can claim: 1) Federal - LG is responsible for LEO maliciousness & 2) State - Employee is responsible for his maliciousness. --- Bing v. Landreville, No. 3:16–cv–1140–J–34JRK, 2018 WL 1121610 (M.D. Fla. March 1, 2018)
144
Family of criminal killed by LEO claimed 1983 + FL wrongful death. In its 1983 claim, there is no respondeat superior, so PL must show that LG is responsible. PL alleged Sheriff was responsible for is deputy's acts of malicious conduct. So how can it also claim Deputy is responsible under FL wrongful death for his BMW? Remember - PL can't recover from BOTH LG & its employee.
In Federal Court, LG is not off the hook once PL asserts BMW. Rather, in Federal court PL can claim in the alternative. So ... PL can sue 1) LG (Sheriff) under 1983 for Deputy's malicious conduct & CAN KEEP THAT CLAIM ALIVE while also 2) Deputy for FL Wrongful death BMW. --- Bing v. Landreville, No. 3:16–cv–1140–J–34JRK, 2018 WL 1121610 (M.D. Fla. March 1, 2018)
145
Is voting a form of speech under the 1st Amendment? --- What is the standard for review?
It has not been excluded, so it is treated as protected. --- SCIRT 1) Strict scrutiny 2) Compelling Interest. 3) least Restrictive. 4) narrowly Tailored.
146
Must the clemency board actually discriminate to violate 1st Amendment? Is it an executive function given immunity?
(1). NO - the ABILITY to discriminate, w/ unfettered discretion to re-enfranchise or disenfranchise, violates 1st Amendment. (2). No. Unfettered discretion. --- Jones v. DeSantis (2019) Hand v. Scott, 285 F. Supp. 3d 1289 (N.D. Fla. 2018)
147
State the 3 constitutional claims vs. the FL system of restoring voting rights.
1) 1st Amendment (unfettered discretion). 2) Procedural due process (no time frames). 3) Equal protection (can disenfranchise but can't do so arbitrarily or capriciously or base on Felons ability to pay). --- Jones v. DeSantis (2019) Hand v. Scott, 285 F. Supp. 3d 1289 (N.D. Fla. 2018)
148
How did amendment to the FL constitution set minimum wage?
$10 per hour by Sept. 2021 $1 added every year thereafter until reaches $15
149
Is it okay to require Felon to pay debt to State before getting voting rights restored?
No. Jones v. DeSantis (2019) Hand v. Scott, 285 F. Supp. 3d 1289 (N.D. Fla. 2018)
150
How many weeks severance can be included to settle an employee dispute?
S-e-t-t-l-e = 6 letters ——- 6 weeks.

0 A-RAMA2 (218 decks)

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