5 Flashcards

1
Q

5th Amendment

A

$5 = just comp.
———–
Prohibits taking for public use w/o just comp.

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2
Q

What has a 5 year prerequisite (single claim)?

A

Public Tenant address is 5 COPA cabana ROW.

  1. Public entity.
  2. Tenant or Owner.
  3. Continuous physical operation for 5 yrs @ taking location.
  4. business O = prop O.
  5. Partial Taking.
  6. Adjoining. Locale is adjoining lands also owned by property owner.
  7. Taken for ROW.
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3
Q

What has a 5 year prerequisite (double claim)?

A

If Bus O has an int in BOTH Taken + Remainder, what factor must its business meet?
———–
Compliance w/ §73.071(3)(b)
1. Continuous physical existence on site;
2. For 5 yrs (can tack on) &
3. Own adjacent. [∑ “own” in ED incl leasehold int.]

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4
Q

What can & can’t a Bus O do to meet the 5 year prerequisite?

A

To meet 5 yr requirement of 73.370(3)(b) [bus dmgs], how can Bus O borrow time?
———–
Can tack on (prior owner, same location).
Can’t buy out terminated bus or relocate.

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5
Q

If Bus O has an int in BOTH Taken + Remainder, what factor must its business meet?

A

Compliance w/ §73.071(3)(b)
1. Continuous physical existence on site;
2. For 5 yrs (can tack on) &
3. Own adjacent. [∑ “own” in ED incl leasehold int.]

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6
Q

What notice is required to amend CP?

A

TOTAL of 2 ads for 2 PHs (1 ad each) on wkdays, 1 PH held after 5 p.m. unless vote by maj + 1 (Marion)
———–
TRANSMITTAL HEARING
Weekday @ least 7 days after date of 1st ad.

ADOPTION HEARING
Weekday @ least 10 days after 1st hearing + 5 days after 2nd ad.

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7
Q

5% of what has to be revealed on which Financial Disclosure?

A
1st Inc: $2.5 OR 5%
2d Inc: disclose bus + 10% gross BUS cust if:
own 5% + rec $5k OR
own 5% + rec $1.5k + 10% INDIV gross inc
-----------
RE: own 5%.
-----------
Intang: $10k value OR 10% of assets
Debts: $10k OR exceed net worth
-----------
~confirmed on teacher's em.
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8
Q

What are the 2 time limits on County lease purchasing COPS?

A

STATUTORY, COPS

  1. Can’t exceed 30 yrs to mature.
  2. If term is longer than 5 yrs, cannot pay from AV.
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9
Q

Why did laborers historically try to have a statutory bond deemed common law?

A

6 mos. = contrib NOC*
1 = P+P statutory bond, FCRA
2 = Wrongful death, NOC* [90 days] & suit
2/3 = MESs
3 = Torts NOC. 6 mos to review
4 = Torts + oral Ks + taking.
5 = written Ks (inc common law bonds [FS 95.11 (2)(b)]) + improper ordinance
unlim = USERRA

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10
Q
336 [County roads] 
-----------
DON'T GET CONFUSED ON EXEMPTIONS VS. SELF-BUILD
-----------
What exemptions are provided?
A

336 [County roads]

  1. Emergs.
  2. Sidewalks.
  3. Small jobs. Const, repair, incl reseal of bridges + roads, not over 5% of gas tax surplus or $400k, whichever is greater.
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11
Q

DON’T GET CONFUSED ON EXEMPTIONS VS. SELF-BUILD
———–
Can Counties build their own roads w/ their own Staff?

A

Yes UNLESS unless funded from the proceeds of County’s 80-percent portion of the surplus of the constitutional gas tax.

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12
Q

State Form 1’s Pattern.

A
1st Inc: $2.5 OR 5%
2d Inc: disclose bus + 10% gross BUS cust if:
own 5% + rec $5k OR
own 5% + rec $1.5k + 10% INDIV gross inc
-----------
RE: own 5%.
-----------
Intang: $10k value OR 10% of assets
Debts: $10k OR exceed net worth
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13
Q

Form 1’s Pattern summarized.

A

1st Inc: $2.5k OR 5%
~~~~~~

1st Inc: $2.5 OR 5%
2d Inc: disclose bus + 10% gross BUS cust if:
own 5% + rec $5k OR
own 5% + rec $1.5k + 10% INDIV gross inc
-----------
RE: own 5%.
-----------
Intang: $10k value OR 10% of assets
Debts: $10k OR exceed net worth
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14
Q

State Form 6’s Pattern.

A
FORM 6
-----------
1 ---------- 1+5% ---------- 1 ---------- 1
1)  Income over $1k.
2)  2nd Income = over $1k AND own 5%
3)  Assets (inc real prop) over $1k.
4)  Creditors owed $1k.
5)  Net work [assets - creditor = new worth]
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15
Q

Form 6’s Pattern summarized.

A
FORM 6
-----------
$1K = everything.
1st inc:  $1k
2d inc:  $1k + 5%
assets:  $1k
crdtrs:   $1k
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16
Q

How many days for SLA to notify LG if CP amend is deficient?

A

5 days!

17
Q

S/L____State 16 pertinent S/Ls.

1) NOC for contrib
2) Title 7, ADEA, EPA
3) P+P
4) FCRA
5) New muni SLA
6) NOC for Med mal/wrong death
7) MESs
8) NOC for tort
9) New muni CP.
10) Tort
11) Oral K
12) Taking
13) 1981, 1983, 1985
14) Written K.
15) Improper Ordinance.
16) USERRA

A
*DFS unless county, muni, or FL Space.
6 mos = NOC to DFS.*
300/90 = 7, ADEA, EPA
1 = P+P statutory bond + FCRA + new muni SLA
2 = mm/wd NOC to DFS.*
2/3 = MESs
3 = Tort NOC to DFS* + new muni CP
4 = Torts + oral Ks + taking + 1981, 83, 85
5 = "w-r-i-t-e" Ks + improper ordinance
Unlimited = USERRA
18
Q

What does 5 have to do w/ USERRA?

A

Hold job open for 5 yrs. Can’t fire for 1 yr. unless w/ cause.
———–
Also . . .
30 days pay // 240 hours train // PO leaves for war w/ foreign govt.

19
Q

What does 5 have to do w/ muni’s municipal improvements?

A

Under 180, muni can require all persons in a zone to connect when avail. Zone ends 5 mi from imposer’s border.
———–
Note, 180 permit extra BUT not into another muni & can’t encroach on existing service.
———–
Not to be confused w/ 170 which permits muni improvements w/i borders only, levy SA except ag w/ residence or non-res bldg (not pole barns)