Jan. Flashcards
Do Munis have Home Rule authority to impose taxes &, thus, assessments extraterritorially?
If obligated by law to provide pub works extraterr, may impose when extraterr O connects.
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Munis possess no home rule power to levy A-V tax.
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Pwr comes from Art. 7, sec 1(a) + 9(a).
Pwr implemented by 166.201 + 166.211.
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Assessments are a peculiar form of taxation which is not authorized past muni borders.
MUNIS ----------- What CONSTITUTIONAL ARTICLE provides authority to Munis to impose taxes &, thus, assessments extraterritorially? ----------- Does HR play into this? If so, how?
Pwr comes from Art. 7, sec 1(a) + 9(a).
Pwr implemented by 166.201 + 166.211.
State the 4 part test to wh/ LG gets sov. imm.
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?
Who can create MSTU-MSBU?
ESSENTIAL MUNI FUNCS ----------- County.
Cities pwr to tax 10 mills (except on intang pers prop) comes from 166.
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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?
FINANCE ----------- 153.05 ----------- 30 days ----------- 8% interest ----------- 1% over bond.
CONSTITUTIONAL ----------- 14th Amendment ----------- State the 5 elements of an Equal Protection claim.
Deprived of Color = Injury. no one is Immune, it’s More than Nominal.
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Elements:
1. Deprivation of a constitutionally protected right.
2. Deprivation occurred under color of State law.
3. Injury in fact sustained due to the deprivation.
4. The Def is not immune from suit.
5. More than nominal damages have been sustained.
Is FCRA subject to sovereign immunity cap?
TORTS ------------- my DE SISTO de Cappo de SOV IMMO ----------- Yes. ----------- City of Delray Beach v. DeSisto, 197 So. 3d 1206 (Fla. 4th DCA 20
LAND ----------- State the differences b/w Expedited State Rvw & Coord. State Rvw after adoption PH. ---------- 1) How long schedule to adopt? 2) Adopt changes? 3) Who send to? 4) When is it effective?
EXPEDITED: 1) Adopt w/ or w/o changes. 2) Send to SLPA. 3) Deems complete. 4) Effective 31st day. ----------- COORDINATED: 1) Schedule Adopt w/i 180 days. 2) Adopt changed or reject all. 3) Send to SLPA. 4) Deems complete. 5) 45 days to determine complies w/ 163.
Name 3 UNIQUE things about 198.
1983 our policy free no responde - a yee!
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(a) It’s the door opener for all const. claims.
(b) Allow suit against officials only - ‘color of law’ (no private indivs).
(c) No respondeat superior.42 USC 1983
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What’s UNIQUE about 1983?
Where does Muni tax authority come from?
Pwr comes from Art. 7, sec 1(a) + 9(a).
Pwr implemented by 166.201 + 166.211.
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State the 4 part test to wh/ LG gets sov. imm.
the Sovereign Programs its Essential workers then Judges w/ Authority.
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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?
What are the 6 elements of negligent retention by LEO?
LEO Retains his Duty to Construct Correct WIFI
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1. Duty reas care in retain.
2. Actual/construc knwlg of unfitness.
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.
CP ----------- State the following 4 things about SECTOR PLANs: 1) Acreage 2) Includes? 3) Goes thru? 4) Must contain?
Sector Plan
1) For: 5,000 acres or more
2) Incl: Urban form and region resources.
3) Goes thru: Regional Planning Council SCOPING Mtg
4) Use: Long Term Master plan, 2 or more Detail plans
LAND ----------- State the differences b/w Expedited State Rvw & Coord. State Rvw after adoption PH. ---------- 1) How long schedule to adopt? 2) Adopt changes? 3) Who send to? 4) When is it effective?
EXPEDITED: 1) Adopt w/ or w/o changes. 2) Send to SLPA. 3) Deems complete. 4) Effective 31st day. ----------- COORDINATED: 1) Schedule Adopt w/i 180 days. 2) Adopt changed or reject all. 3) Send to SLPA. 4) Deems complete. 5) 45 days to determine complies w/ 163.
EMPLYMT DISCRIM ----------- What employment discrim theory provides caps? ----------- What are those caps?
EMPLYMT DISCRIM ----------- ADA Title 1 - Employment ----------- the dollar amt is close to the beginning EE # ----------- JEFF's BENES [no punis vs LG] ----------- 015 - 100 EE = $50k 101 - 200 EE = $100k 201 - 500 EE = $200k 501+ = $300k
LGs with taxing power may not grant a sec int in pub prop unless:
(a) is purch money sec int app’d by ordinance aft PH
(b) creation is approved at referendum
(c) super maj of LG governing body approves aft PH
(d) none of the above
FINANCE ----------- B. ----------- *i always want to say d. But, a security interest in public property CAN be granted IF APPROVED @ referendum.* ----------- ~confirmed via teacher.
What are the 4 phases of prompt payment deadlines?
- confirmed FS 218.76
10 days - I.D. who rec's invoice ----------- PHASE I - REC INV. 20 bus days - if doesn't meet K. Rec corrected. 10 bus days - pay or reject ------------ PHASE II - DISPUTE PROCESS 45 cal days - start dispute process 60 cal days - resolve dispute process ------------ PHASE III - FAIL TO INITIATE DISPUTE PROCESS A) Rec Notice of Failure to Initiate from Vendor. --- triggers interest to run from Notice --- B) 4 bus days to commence. If don't waive objection to invoice. ------------ PHASE IV - AF Prevailing party ----------- *confirmed FS 218.76
If LG makes one, when must completion date be set?
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If LG fails to make one, what can Ktor do?
What then is LG’s timeline to deal w/ Ktor’s act?
Re: Punch list ------------ @ least 30 days ----------- Ktor can remit bill for all retainage. LG has 20 days to pay.
Name the parameters for review of: ----------- A) QJ = 3 ----------- B) CP = 2 ----------- C) What is a 4th item now applicable to both?
A) QJ
(1) Comp subs evid., (2) Proper due process, (3) Correct law.
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B) CP
(1) Not arbitrary or capricious, (2) Fairly debatable.
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C) FINDINGS!
At what type of hearing MUST public testimony be allowed?
Local Process.
State the timelines of the 2 ways sealed bids remain exempt from public records law.
PROCUREMENT ----------- 1) A- 30 days after opening OR B- @ award whichever is earlier. ----------- 2) A- announces its decision on reissued or B- w/draws reissued or C- 12 months after rejection whichever is earlier.
State the 4 part test to wh/ LG gets sov. imm
the Sovereign Programs its Essential workers then Judges w/ Authority.
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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?
If negotiated sale, what is pre-requisite?
LG must make findings that it’s in the best interest of the public.
Who can question conflict?
4-1.7 CONFL, CURRENT
1) Court can when infers neglect.
2) Opposing counsel in criminal matters.
