Articles

Question 1

What is the pertinent Fla. Constitutional article governing NCs?
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What kind of ordinances may Non-Charters pass?

Answer 1

Art. 8, Sec. 1(f). as is provided + ordinances not inconsistent w/ gen or spec law (wh/ or not approved by electors).
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CCs = Not inconsistent w/ gen or spec law approved by electors [art. 8, s. 1(g)] cee cees get gee

Question 2

CHARTERS
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What is the pertinent FL Constitution article that governs CCs?
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What ordinances may Charters pass?

Answer 2

Art. 8, Sect. (1)(g). cee cees get gee.
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Not inconsistent with gen or spec law (if those spec laws have been approved by electors.)
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NCs = Not inconsistent w/ gen or spec law (wh/ or not approved by electors).

Question 3

MUNIS
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State 2 statutes providing Munis may act outside its borders to provide a service . . .
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1)  But not into another muni?
(a)  What service?
(b)  What pay method is allowed?
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2)  Can go into certain other muni but can't pay in a particular method.
(a)  What service?
(b)  What method of pay is prohibited?
(c)  What requirements of other muni?

Answer 3

MUNIS
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180.02:  
(a)  munis powers to effectuate Ch. 180 do not extend or apply w/i corp borders of another muni.
(b)  spec assmt when outsider connects.
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163.045:  
(a)  Can interlocal for LEO.
(b)  Outline:  Can't pay w/ special assessments b/c they are unrelated to property.
(c)  ADJACENT + IN SAME COUNTY
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~all confirmed.

Question 4

What statute permits COUNTIES to provide w/ww services & charge spec assessments?
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If want to avoid interest, how long does O have to pay?
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If can’t pay in that time, what is the rate of interest on the spec assessment?
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What is pay w/ bond. Then what can LG charge O?

Answer 4

FINANCE
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153.05
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30 days
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8% interest
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1% over bond.

Question 5

ART/STAT
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What Chapter allows counties & munis to address slum or blight?  
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What is it called?
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What is the action LGs can take?

Answer 5

ART/STAT
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163.
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Community Redevelopment.
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Via interlocal form a new entity.

Question 6

ART/STAT
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What does 163 say is NOT a public purpose?
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What does that ban?
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Why?

Answer 6

ART/STAT
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Prevention/address slum or blight.
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Eminent domain of private property.
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Not public purpose.

Question 7

When

Answer 7

ART/STAT
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Chapter 163.
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Publish resolution.
10 day notice
PH
10 days O must appeal to court

Question 8

If LG wants to address slum/blight or affordable housing, what is first step?

Answer 8

FINANCING

163. 355 requires finding of NECESSITY via resolution w/ legislative findings that slum/blight or affordable housing is necessary in interest of H,S,W.

Question 9

Source of power?

Answer 9

Art. 8, Sec. 2
HR - 166.021

Question 10

Unpaid supplier in public K didn’t get paid.
Can unpaid supplier claim vs. the bond even if unpaid supplier missed his deadline? He failed to comply w/ 255.05 notice & time requirements.

Answer 10

NO. “Not under any circumstances” is the bond converted to a common law bond.
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“The payment bond provisions shall be construed & deemed statutory payment bonds . . . & such bonds shall not under any circumstances be converted into
common law bonds.” § 255.05(4), Fla. Stat. (added in 2005).