Cases Flashcards

Question

TORTS ----------- Are FCRA claims subject to sov. imm. cap?

Answer 1

``` TORTS ----------- Yes. ----------- City of Delray Beach v. DeSisto, 197 So. 3d 1206 (Fla. 4th DCA 20 ```

Answer 2

• No. ~CAN'T TACK IN ON!!!~ Comp bidding & comp negotiation = diff. ----------- Competitively negotiate for professional services. Property mgt k is not professional services. ----------- Miami Marinas Ass’n v. City of Miami, 408 So. 2d 615 (Fla. 3d DCA 1981)

Answer 3

American Engineering and Development Corp. v. Town of Highland Beach, 20 So. 3d 1000 (Fla. 4th DCA 2009) City of Sweetwater v. Solo Const. Corp., 823 So. 2d 798 (Fla. 3d DCA 2002) Emerald Correctional Management v. Bay County Bd. of County Comrs., 955 So. 2d 647 (Fla 1st DCA 2007 Harry Pepper & Associates, Inc. v. City of Cape Coral, 352 So. 2d 1190 (Fla. 2d DCA 1978) Intercontinental Properties, Inc. v. State Dept. of Health and Rehabilitative Services, 606 So. 2d 380 (Fla. 3d DCA 1992),

Answer 4

SOV. IMM. ----------- YES. ----------- Based on separation of powers & clerk acting as a n arm of the judicial branch, & not the legislative. ----------- Clerk of Collier County v. Doe, 292 So.3d 1254 (Fla 2nd DCA 2020)

Answer 5

SOV. IMM. - ---------- 1) Does act involve a govt policy, program or objective? 2) Is act essential to that p, p, o? 3) Does it involve exercise of judgment? 4) Does LG possess authority & duty to make that act?

Answer 6

1) Establish juris. C/A can review T/C's sj based purely on law de novo. --- 2) I.D. Duty. ex. provide security --- 3) I.D. wh/ LG gets sov. imm. --- 4) Duty & sov. imm. shall not be conflated. Duty does not render sov. imm. inapplicable. ----------- SB of Broward v. McCall, 322 So.3d 655 (Fla. 4th DCA 2021) --- 5) 4 part test [does act involve govt objective? essential to objective? involve exercise of jmt? LG possesses authority & duty to make that act?]

Answer 7

New juris allows not just a review of the challenged ORDER denying sov. imm. but also the MOTION adjudicated. ----------- Previously juris focused on 4 corners of challenged ORDER. ----------- City of Sweetwater v. Pichardo, 314 So.3d 540 (FL 3rd DCA 2020)

Answer 8

``` EMPLYMT ------------ Cannot fire. Enjoys sov. imm. ----------- FS 92.57 - (a) Says can't dismiss employee for testifying. (b) Does not contain a waiver of sov. imm. Can't link it to 768.28. ------------ FFWC v. Hahr, 2021. ```

Answer 9

1) PL is entitled to some const rt (ex med care). Wants to hold LG liab under 1983 for violation of rights under Due Process Clz of 14th Amend. - ---------- 2) DP under 14th - deprive L,L,P w/o dp - ---------- 3) 1983 - Person depriving another of constitutional rights under color of law. - ----------- 4) LG (a) "person" under 1983 (b) not be liab on respondeat superior. (c) liab only when policy or custom inflicts injury. - ---------- 5) Policy (a) express, widespread practice, final policy making authority, i.e., deliberate choice of LG, (b) constructive knowledge, thus showing indifference (c) cz of injury.

Answer 10

LEO - CONST ----------- [re]TRAIN the Duty to Construct Correct WIFI ----------- 1. Duty reas care in train. 2. Actual/construc knwlg of need for diff training. 3. Unreas failed to take corrective act. 4. Injured by EE's indep wrongful act. 5. Indep wrongful act = foreseeable. 6. Unreas failure corrective act = cz of injury.

Answer 11

``` NO - FS 92.57. ----------- (1) Nature of the testimony or (2) Absences. ----------- AF & punis. ----------- YES, statute does not expressly waive sov. imm. ----------- FFWC v. Hahr, 2021 ```

Answer 12

MCLENDON (2019) ----------- To qualify for exemption: 1) Received by a local official 2) Re; gross mismanagement, waste of public funds or neglect of duty, and 3) Investigation is active AT TIME REQUEST MADE.

Answer 13

MCLENDON (2019) ----------- Yes UNTIL investigation is no longer active.

Answer 14

NCAA ----------- Regardless, the documents were received in connection with the transaction of official business by an agency, they are public records.

Answer 15

NCAA ----------- Yes, normally. But not if reviewed & used in course of public agency's business. [here, used by attys for FSU] , public agency. the documents at issue in this case were examined by lawyers for a public agency, Florida State University, and used in the course of the agency’s business. Because . The NCAA has failed to show that an exception applies under state or federal law, and thus, the records must be disclosed.”

Answer 16

AGO 2019-08 ----------- If there is a substantial policy need for disclosure, release of exempt info for purposes of cyber security wd not be inconsistent w/ the purpose of the exemption.

Answer 17

AGO 2019-08 ----------- Yes if: Testing is for adminis of pension funds within the meaning of the social security number exemption in s. 119.071(5), If so then: Incidental disclosure Vendor w/ confid agmt = does not violate Ch. 119.

Answer 18

SCOTT (2021) ----------- When a complaint seeks a writ directed to a lower court or to a governmental or administrative agency, a copy of as much of the record as is necessary to support the plaintiff's complaint must be attached

Answer 19

SCOTT (2021) - ---------- (1) Facts on which the PL relies, (2) Request for the relief sought; and (3) If desired, argument in support of the complaint with citations of authority.

Answer 20

SCOTT (2021) ----------- A copy of the request.

Answer 21

BRACCI (2021) ----------- Yes if maintained in that format.

Answer 22

BRACCI (2021) ----------- Yes + yes, AF b/c failed to 'acknowledge' the request.

Answer 23

PAYLAN (2020) ----------- No. Case mgmt put parties on notice of scheduling, not the conduct of an evidentiary hearing.

Answer 24

MIAMI NEW TIMES (2020) ----------- No! Audit reports are exempt until finalized. Participant in audit disclosed draft audit. County still cannot produce the records b/c they remain exempt.

Answer 25

B+L (2020) ----------- No! Order must say that LG unlawfully refused to provide access to PRs.

Answer 26

B+L (2020) ----------- Finding that LG unlawfully refused to provide access to public records.

Answer 27

DEESON (2019) ----------- Yes.

Answer 28

EVERGLADES (2019) ----------- It's "mediation communication." Ch 44 (1) mediation communications are confidential, (2) mediation writings (except settlement agmt) ar

Answer 29

``` EVERGLADES (2019) ----------- Yes, redact. ----------- ~I MISS A LOT.~ ```

Answer 30

CRUZ (2019) ----------- No - public. If legislature wants them exempt, it will have to provide an exemption.

Answer 31

CRUZ (2019) ----------- Yes - exempt. Reviewing the records for security is official business but keeping calls of juveniles awaiting trial w/ their parents was not.

Answer 32

CRUZ (2019) ----------- No - public.

Answer 33

NCAA (2010) - ---------- a) All material regardless of form b) Made or received re: transaction of off business c) By LG or Ktor “acting on behalf ” d) Used to perpetuate, communicate, or formalize knowledge.

Answer 34

SOLICITATIONS ----------- Arbitrary & capricious. - see Emerald v. Bay County.

Answer 35

SOLICITATIONS ----------- NO - see Emerald v. Bay County.

Answer 36

``` SOLICITATIONS ----------- Arbitrary & capricious. - see Emerald v. Bay County. ----------- NO - see Emerald v. Bay County. ```

Answer 37

Employer of LEO not resp for personal inj, prop dmg or death czed by fleer if: 1) Pursuit not so reckless as to be disregard of H, S, & W; 2) @ initiation, Officer reas believe fleer committed forcible felony. 3) Pursuit pursuant to policy. - ---------- 768. 28(9) Ross v. Jax

Answer 38

Employer of LEO not resp for personal inj, prop dmg or death czed by fleer if: 1) Pursuit not so reckless as to be disregard of H, S, & W; 2) @ initiation, Officer reas believe fleer committed forcible felony. 3) Pursuit pursuant to policy. - ---------- 768. 28(9) Ross v. Jax

Answer 39

``` TORTS ----------- Yes. ----------- City of Delray Beach v. DeSisto, 197 So. 3d 1206 (Fla. 4th DCA 2016) ```

Answer 40

TORTS ----------- 1) Act not so reckless to constitute disregard for HWS 2) Acting in accord w/ written policy. 3) Officer had reason to believe fleeing vehicle committed a forcible felony. ----------- Ross v. City of Jax, 274 So. 3d 1180 (Fla. 1st DCA 2019).

Answer 41

SOV IMMUNITY - ---------- 1) Can be sued in K - Davis v. Bayez. 2) K must be written - Ft Lauder v. Israel.

Answer 42

``` A-V TAX ----------- Pledge AV in a way that cd raise taxes. ----------- Volusia v. State, pledged all non-AV taxes w/ a promise to maintain all programs generating various revenues. ```

Answer 43

American Engineering and Development Corp. v. Town of Highland Beach, 20 So. 3d 1000 (Fla. 4th DCA 2009) City of Sweetwater v. Solo Const. Corp., 823 So. 2d 798 (Fla. 3d DCA 2002) Emerald Correctional Management v. Bay County Bd. of County Comrs., 955 So. 2d 647 (Fla 1st DCA 2007) Harry Pepper & Associates, Inc. v. City of Cape Coral, 352 So. 2d 1190 (Fla. 2d DCA 1978) Intercontinental Properties, Inc. v. State Dept. of Health and Rehabilitative Services, 606 So. 2d 380 (Fla. 3d DCA 1992)

Answer 44

• Street Improvements: Atlantic Coast Line R. Co. v. City of Gainesville, 91 So. 118 (Fla. 1922) & Bodner v. City of Coral Gables, 245 So. 2d 250 (Fla. 1971); • Parking Facilities: City of Naples v. Moon, 269 So. 2d 355 (Fla. 1972); • Downtown Redevelopment: City of Boca Raton v. State, 595 So. 2d 25 (Fla. 1992); • Stormwater Management Services: Sarasota County v. Sarasota Church of Christ, 667 So. 2d 180 (Fla. 1995); • Water and Sewer Line Extensions: Murphy v. City of Port St. Lucie, 666 So. 2d 879 (Fla. 1995); • Neighborhood Amenities: City of Winter Springs v. State, 776 So. 2d 255 (Fla. 2001); and • Beach Nourishment/Restoration:Donovan v. Okaloosa County, 82 So.3d 801 (Fla. 2012). a county hospital, Crowder v. Phillips, 1 So. 2d 629 (Fla. 1941), a county health unit, Whisnant v. Stringfellow, 50 So. 2d 885 (Fla. 1951), emergency medical services, City of North Lauderdale v. SMM Properties, 825 So. 2d 343 (Fla. 2002).

Answer 45

CP - ---------- 1) Rezoning for specific individuals is QJ subj to strict scrutiny on cert review. - ---------- 2) O who proved intended use was consistent w/ CP is NOT PRESUMPTIVELY entitled to such use. - ---------- 3) O shows consistent w/ CP. Burden shifts to LG to show existing zoning accomplishes legit public purp.

Answer 46

TORTS ----------- (1) No sov. imm. for STATUTORY CLAIMS. Ex. the right to sue for Retaliatory Discharge OF AN OMBUDSMAN (only) is a STATUTORY CLAIM, not a tort!!! ----------- (2) Waiver must be CLEAR & UNEQUIVOCAL ----------- State of FL, Dept. of Elder Affairs v. Caldwell, 199 So. 3d 1107 (Fla. 1st DCA 2016)

Answer 47

``` SOLICITATIONS ----------- No. Award is a method of evaluation. ----------- Must act within bounds of reasonable. ----------- Ex. 15% difference unreasonable in Adolphus v. Baskin, 95 Fla. 603, 116 So. 225 (1928). ```

Answer 48

CASES ----------- american engineer = basic. if lowest NG, go to 2nd. ----------- If lowest bidder is not qualified, responsive & responsible, go to 2nd lowest bidder. ----------- American Engineering and Development Corp. v. Town of Highland Beach, 20 So. 3d 1000 (Fla. 4th DCA 2009).

Answer 49

CASES ----------- American Engineering and Development Corp. v. Town of Highland Beach, 20 So. 3d 1000 (Fla. 4th DCA 2009).

Answer 50

CASES ----------- Sweetwater turned sour when LG acted arb & cap w/ new criteria. ------------ When a K is awarded on price, must go to lowed qualified & responsive bidder. Awarding otherwise (ex. new criteria) = arbitrary & capricious. ----------- City of Sweetwater v. Solo Const. Corp., 823 So. 2d 798 (Fla. 3d DCA 2002).

Answer 51

CASES ----------- City of Sweetwater v. Solo Const. Corp., 823 So. 2d 798 (Fla. 3d DCA 2002).

Answer 52

CASES ----------- LG has wide discretion & its decision, when based on HONEST exercise of the discretion, shd not be overturned, even if REASONABLE MINDS DISAGREE. ----------- Emerald Correctional Management v. Bay County Bd. of County Comrs., 955 So. 2d 647 (Fla 1st DCA 2007).

Answer 53

CASES ----------- Emeralds need to be HONEST even if REAS MINDS DISAGREE. ----------- Emerald Correctional Management v. Bay County Bd. of County Comrs., 955 So. 2d 647 (Fla 1st DCA 2007).

Answer 54

CASES ----------- Bidder may not change its bid after bids have been opened, except to cure minor irregularities. ----------- Harry Pepper & Associates, Inc. v. City of Cape Coral, 352 So. 2d 1190 (Fla. 2d DCA 1978).

Answer 55

``` CASES ----------- Pepper can cure minor irregularities. ----------- Harry Pepper & Associates, Inc. v. City of Cape Coral, 352 So. 2d 1190 (Fla. 2d DCA 1978). ```

Answer 56

CASES ----------- Protestor must be prepared to show that the awarded bid was deficient but also that his own does not suffer from the same deficiency. ----------- Intercontinental Properties, Inc. v. State Dept. of Health and Rehabilitative Services, 606 So. 2d 380 (Fla. 3d DCA 1992).

Answer 57

CASES ----------- dept of health will considered your complaint, be sure you’re not deficient. ----------- Intercontinental Properties, Inc. v. State Dept. of Health and Rehabilitative Services, 606 So. 2d 380 (Fla. 3d DCA 1992).

Answer 58

``` FS ----------- 125.01(q) ----------- 1- fire; -2- LEO; -3- beach erosion; -4- recreation; -5- water; -6- streets; -7- sidewalks; -8- street lighting; -9- sidewalks; -10- garbage; -11- sewage; -12- drainage; -13- transportation; -14- indig health; -15- mental health; & -16- other essential facilities & services ```

Answer 59

``` FS ----------- q says, let's introduce something 'q'uirky = mstus ----------- MSTU [maybe BU?]. ----------- 125.01(q) ```

Answer 60

125.01(r) [r says no 'r'eferendum for MSTU] ----------- 1) Tax, for county purps & muni serv w/i MSTU 2) Special assessments; 3) Borrow & issue bonds. 4) No referendum to tax in MSTU. 5) Can’t assess fire protection on ag lands unless (1) residential dwelling or (2) nonresidential farm building [but for pole barn (70% no walls)] valued $10k+3

Answer 61

FS ----------- YES - responsibility of County per 403.706 ----------- Reasonable. Can't charge more to muni. ----------- Local government solid waste responsibilities.— (1) The governing body of a county has the responsibility and power to provide for the operation of solid waste disposal facilities to meet the needs of all incorporated and unincorporated areas of the county

Answer 62

FS ----------- 170.01(2) does require spec bene + apportion BUT also spec bene must be DIFFERENT IN KIND to COMMUNITY AS A WHOLE. ----------- Lake County vs. Water Oak Mgmt., 695 So.2d 667 (Fla. 1997). Os tried to argue this but Court said no such restriction on Counties. Also - no such in 180.

Answer 63

FS ----------- Muni's SA must give a bene different in kind to that of the community as a whole. ----------- Difficult to meet. Ex. fire protection. See discussion that Counties don't have this - Lake County vs. Water Oak Mgmt., 695 So.2d 667 (Fla. 1997).

Answer 64

EMS Services. ----------- Does impart a spec bene on property. Doesn't reduce insurance premiums or enhance value of prop. ----------- City of North Lauderdale v. SMM Properties, 825 So. 2d 243 (Fla. 2002).

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