2023 Once & For All Flashcards
Standing to challenge CP.
How?
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Standard?
AP.
Interest Based.
Affected persons who comment w/ interest protected by CP.
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Appeal to DOAH.
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Arbitrary & capricious & fairly debatable.
Standing to challenge development Order?
1 - Not consistent w/ CP:
(a) AAA - Adversely aggrieved person
(b) De novo dec or Local Process.
(c) Arbitrary & capricious & fairly debatable.
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#2 - Not consistent w/ LDR:
(a) Suffering injury different than others.
(b) Writ of Cert.
(c) Proper law applied, procedural DP afforded & competent substantial evid.
Standing to challenge development Order as not consistent w/ CP?
1 - Not consistent w/ CP:
(a) AAA - Adversely aggrieved person
(b) De novo dec or Local Process.
(c) Arbitrary & capricious & fairly debatable.
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Standing to challenge development Order as not consistent w/ LDRs?
2 - Not consistent w/ LDR:
(a) Suffering injury different than others.
(b) Writ of Cert.
(c) Proper law applied, procedural DP afforded & competent substantial evid.
Standing to challenge taking is the same as what?
State the standing requirement.
Same as challenging Dev. Order as inconsistent w/ LDRs, i.e., injury based.
Injury different in kind than others.
LG rents land to for-profit corp.
Will that land be exempt from taxes during the term?
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On what date is the answer determined?
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What can FP Corp do to seek exemption? When?
Jan. 1. If lease on Jan. 2 = exempt for that year.
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File application w/ PA. Try every year by filing application before 03/01.
LG put penny sales tax on ballot. State the 3 things Court looks for when deciding if a ballot was proper?
Title & summary:
(1) Fairly inform voter of chief purpose or effects of bill,
(2) Not misleading, &
(3) Limited to the matters at hand.
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Dept. of State v. FL Greyhound Association, Inc., 253 So. 3d 513 (Fla. 2018).
&
League of Women Voters v. Detzner, 314 F. Supp. 3d 1205 (N.D. Fla. 2018).
Does an Order by the FL Secretary of State have the effect of a law?
Yes.
League of Women Voters v. Detzner, 314 F. Supp. 3d 1205 (N.D. Fla. 2018).
When does single subject rule apply on a ballot measure?
Applied to citizen initiated measures.
Does not apply to CRC measures.
Is deference applied when reviewing whether a ballot measure:
a) Fairly informs the purpose,
(b) Is not misleading &
(c) Is limited to matters at hand.
Yes.
If PA appeals to Circuit Court, who must be named?
Owner.
If you want to fight property assessment:
1- What must O show?
2 - To what standard?
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3 - What must Board find?
4 - What will circuit court look for?
1 - value is incorrect (wrong class of use, wrong just value)
OR
2 - Arbitrary.
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By a preponderance.
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A. Compliant w/ FS 194..301 FS & professionally accepted appraisal practices.
B. competent, substantial evidence.
If you are successful challenging your assessment, why do you get $ from Tax Collector?
Do you have to go back before VAB?
(A). You paid (1) all non-AV assessments & (2) 75% of AV assessments. When it shakes out, Tax Collector owes you interest on $ held.
(B). No.
———-
Williams Islands Ventures establishes that FS 194.014,
does not require a formal determination by the
VAB for a taxpayer to be entitled to an interest payment once the taxpayer has filed a petition to the VAB and pre-paid the statutory tax amount due, and has successfully received a reduction in the assessment.
What are 2 prerequisites to challenging your value assessment?
(A) Pay all non-AV assessments &
(B) 75% of AV bill.
Why wd non-profit company making construction education materials be liable for AV tax?
1) Educational exemption requires accreditation.
2) Charitable means, if it stops, public funds wd be expended.
—
Company failed.
Why doesn’t public service tax require a real & substantial benefit, like dual taxation?
Dual tax prohibits taxing municipality Os unless real & substantial benefit.
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PS tax is on products.
Could public service tax serve muni more than unincorporated?
The one proposed in McLeod contemplated ‘some’ benefit.
So what if the public service tax provided zero benefit to the unincorporated areas?
So nothing. The court can’t create a constitutional prohibits where none exists.
In what 6 instances is in camera review mandatory?
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For what 2 is it discretionary?
A camera Surveils, so you need Product, Processing& the Confidence to Confess Undercover.
1) atty work Product;
2) LG produced Processing software;
3) Confidential informant;
4) Confession; &
5) Undercover.
—————
Active Criminal Investigation or Intelligence.
Difference between County & Muni to pass emergency ordinance.
Both can bypass the 10 day requirement.
County - 4/5 vote.
City - 2/3 vote.
Difference between County & Muni in passing a regular ordinance.
Both have to advertise for 10 days but Muni must read title or full on at least 2 separate days before vote.
Difference in effective date of County & Muni regular ordinance.
County - effective upon filing with DOS.
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Muni effective 10 days after passage, unless provides otherwise.
Is rational basis related to LG could have passed a less intrusive ordinance?
No.
It’s whether LG’s actions were reasonable related to their goal.
Can judges prioritize cases?
Yes. Some cases are priorities under statute, rule or case.
