Cases Flashcards
What type of business damage is specifically NOT avail in a bus dmg claim?
CASES ----------- Interest. ----------- MJ Stavola. b/c it's statute created.
CASES ----------- What case taught us the value of having written procurement policies? ----------- How was that lesson learned?
Baxter.
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Baxter showed he was responsible at time of protest.
LG said responsibility should have been shown when submitting bid.
No written policy, so the Court sided w/ bidder.
What are the 2 requirements of tort claim notice under 768.28(6)(a)?
CASES ----------- 1) Writing 2) Assert a claim. ----------- Wilson v. City of Tampa, 209 So. 3d 646 (Fla. 2d DCA 2017).
What does court require from PL in a public records lawsuit in order to make LG show cause?
CASES ----------- A copy of the request. ----------- Scott (2021)
1983
Public official can be liable because why?
CASES ----------- PO has FINAL decision making authority ----------- US Supreme Court in Pembaur v. City of Cincinnati - custom or policy for a single decision of muni official
What has the 11th circuit said about immunity in 1983?
CASES ----------- Only in exceptional cases will govt. actors have no shield against claims made against them in their individual capacities. ----------- Frausto vs. Picklo
4th
State 4 elements & 1 important fact, re: inverse condemnation.
CASES ----------- 1) Enters for more than a momentary period; 2) under the color of legal authority; 3) devotes it to a public use, or 4) otherwise affects it in as to oust. ----------- Judge (not jury) decides all. ----------- TLC Props —————- ALSO, from Duck Seafarer, there are 2 types (1) Physical & (2) Regulatory.
CASES ----------- Court of Appeals on appeal of a writ of cert. A) What 2 things can they consider? B) What can they not consider? C) Quote. D) Case.
A) Procedural due process + correct law.
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B) Subst. competent evidence.
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C) Courts of appeal are not “legal potted palms.”
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D) Auerbach v. City of Miami, 929 So.2d 693 (Fla. 3d DCA 2006)
What 2 new things did I learn about the applicability of sovereign immunity depending on the origin of certain types of claims?
(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!!!
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(2) Waiver must be CLEAR & UNEQUIVOCAL
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State of FL, Dept. of Elder Affairs v. Caldwell, 199 So. 3d 1107 (Fla. 1st DCA 2016)
CASES ----------- What 3 things have we learned from cases on muni's extra pwrs? ----------- Name the 4 cases.
FL Sup Ct has upheld extraterritorial powers, particularly re:
-1- proprietary projects,
-2- by municipalities
-3- where such powers are supported by or derived from a legislative grant.
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See:
State v. Town of Riviera Beach, 397 So. 2d 685 (Fla. 1981);
State v. City of Pensacola, 197 So. 520 (Fla. 1940); Town of Palm Beach v. City of West Palm Beach, 239 So. 2d 835 (Fla. 4th DCA 1970) and
City of Ocala v. Red Oak Farm, Inc., 636 So. 2d 81 (Fla. 5th DCA 1994).
Once & for all -
Can a private individual be sued under 42 USC 1983?
YES - if acted under color of law.
ME- the indiv HAS TO BE NAMED INDIVIDUALLY b/c if name in official capacity it is a suit vs. LG.
If sue LG & indiv in official capacity = redundant .
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Foshee v. Health Management
If there is both lawful motive & an assumed BMW motive, does POPE get sov imm?
YES! if ADEQUATE lawful motive.
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“When an adequate lawful motive is present,
even an assumed fact that an unlawful, retaliatory motive also exists does not preclude qualified
immunity.”
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Wall-DeSousa v. Fla. Dep’t of Highway Safety and Motor Vehicles, 691 F. App’x 584, 591 (11th Cir. 2017)
CASES ----------- Is LG's decision to allocate PD during festival protected by Sov Imm? ----------- Why?
Yes - protected b/c that is a discretionary decision.
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Sanchez v. Miami-Dade County, 245 So. 3d 933 (Fla. 3rd DVA 2018)
CASES ----------- What must court specifically do to make a tort sov. imm. claim appealable? ----------- Name the case. —————- Identify the 3 similar rules.
Updated in 2020
No longer must t/c find LG not entitled to sovereign immunity as a matter of law. Now, denial of LG’s motion based on sovereign immunity is sufficient.
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FHP v Jackson, 288 So. 3d 1179 ( Fla. 2020).
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#1) PR - Judge must find that LG unlawfully withheld records.
#2) SJ new - Judge shall state reasons for decision.
& Now -
#3) Sovereign Immunity new - Non-final order is appealable regardless of whether or not Judge stated that LG is or is not entitled to sovereign immunity as a matter of law.
What do you say when your LG has proposed crazy exactions to Applicant Developer?
CASES ----------- LG’s demands upon a land-use permit applicant- (1) must satisfy the requirements of Nollan and Dolan i.e. nexus (2) even when LG denies the permit & (3) even when its demand is for money. ----------- Koontz
Is Commercial Speech easier to control? Why or why not?
Traditionally use more lenient ‘intermediate scrutiny’ test but International Outdoor v. City of Troy says that if Commercial Sign is CONTENT BASED, use STRICT SCRUTINY (“SCIRT”) analysis.
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You can’t treat commercial signs differently based on content.
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>but easier to control private speech, what gives?
CP ----------- LG Decisions Under CP - Support ----------- BONUS - name a case for the 3 prong QJ review.
fairly debatable + pub purp
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Courts do not disturb if some use consistent with the plan is allowed and the decision is supported by competent substantial evidence.
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BOCC Brevard County v. Snyder, 627 So. 2d 469 (Fla. 1993).
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(1) Comp subs evid., (2) proper due process, (3) correct law = Brevard v Snyder
What is the standard for evaluating a competitive procurement award?
LG’s ordinance.
- see Emerald v. Bay County.
What 3 new things did I learn about the applicability of sovereign immunity depending on the origin of certain types of claims?
1) It doesn’t apply & why.
2) It does apply & what that gets PL.
3) What courts look for to determine if Sov. Imm. waiver applies.
(1) For STATUTORY CLAIMS, look for clear & unequivocal waiver. No such waiver in ombudsman statute. Thus, LG is protected by sovereign immunity.
Ex. interfering w/ ombudsman 400.0083(3)(a) is a STATUTORY CLAIM for retaliation, not a tort!!!
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(2) Retaliatory discharge IS A TORT w/ 4 yr S/L & emtl dmgs + partial waiver of sov. imm. (200/300), ex. worker’s comp. see Scott v. Otis Elevator, 524 So.2d 642 (Fla. 1988)
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(3) Waiver must be CLEAR & UNEQUIVOCAL
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State of FL, Dept. of Elder Affairs v. Caldwell, 199 So. 3d 1107 (Fla. 1st DCA 2016)
Does mass casualty event arise out of the same incident or occurrence, thus limiting all claimants to 200/300 cap?
CASES ----------- Yes. ----------- DFS v. Barnett, 303 Sp. 3d 508 (Fla 2020).
CASES ----------- Sports Stadium bond issue. ----------- 3 step validation review.
1) AUTHORITY to issue
-a- 125.01
-b- 166.111 capital ‘or other’
2) PURPOSE is legal
-a- public purp? econ dev - 125.045
-b- if buying/leasing cd argue need to bid but econ dev = exception, no collusion
-c- cd argue private benefit but incidental okay.
Once the stadium is deemed to be for a public purpose, the Court need not micromanage the terms of the lease.
3) Issuance COMPLIES w/ law.
-a- sales/tdt/occupational tax = revenue bond = no referendum
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~confirmed. Rowe v. Pinellas, 461 So.2d 72 (Fla. 1984).
ESSAY ----------- Sports Stadium bond issue. ----------- State 5 arguments to be made after validating a sports stadium bond issue.
1) Property shd have been competitively bid.
> no, econ dev = exception
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2) LG is essentially ‘gifting’ land to corp.
> no, pub purp prevails.
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3) LG is promising zoning
> shd be noted in lease no promises
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4) lending its credit.
> use tax money for pub purp, incidental private
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5) Should have had a referendum on bond.
> not if sales/tdt/occupational tax b/c has no impact on AV.
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Rowe v. Pinellas, 461 So.2d 72 (Fla. 1984).
Name a test worthy situation where Bus dmgs are not available to a BO, beside the eligibility criteria.
LG takes business, leaves parking lot/storage bldgs/submerged, i.e., the remainder seeking bus dmg is not where the business was located.
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Why?
b/c business must be “solicited, accepted, or conducted” on remainder.
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State DOT v. Standard Oil Co., 510 So.2d 324 (2nd Cir. 1987)