Laws

Question 1

What is provided in 14th Amend. of the U.S. constitution?

Answer 1

E.D.
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No LG may take w/o Due Process of Law
i.e., Applied 5th Amend to State + LG
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How remember which is which?
5th - started out applying to Fed.
14th - later added application to LGs.
Art 10, Sec 6 - 106 is fullest # - full comp

Question 2

What is provided in 5th Amend. of the U.S. constitution?

Answer 2

E.D.
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$5 = just comp.
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Prohibits taking for public use w/o just comp.

Question 3

What is provided in Art 10, Sec 6 of the FL constitution?

Answer 3

E.D.
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106 ~ ED's highest (fullest) #'d const reference = FULL $COMP$
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Entitled "Eminent Domain"
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Can't take:
1.    w/o pub purp & w/ FULL COMP.
2.   To convey to private O unless by State law.
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Can take for:
Easements to drain 1 Os prop onto or thru another's

Question 4

State how 336 & 255.20 are the same, re:

— COMP BID (1 way)

—————– HIRE (2 ways)

——————————-PROCEDURE (3 ways)

Answer 4

HIRE:
1) Optional qualification. Focus on method of hiring.
2) 10% behind = ineligible.
———–
PROCEDURE:
1) Procedure + criteria require public hearing.
2) Mandatory appeal.
3) 336 + 255.20 + 287.55 = All short list

Question 5

State 4 ways do 336 & 255.20 differ.

Answer 5

336:
Bid only, no award.
County qualifies Ktor.
10% behind on job for County.
No timeline for Circuit review.
-----------
255.20:
Award
FDOT (if already preq) & County prequalify.
10% on any govt job.
30 day review by Circuit.

Question 6

For what projects are Continuing Ks & Design Builds contemplated in the statutes?

Answer 6

MUNI PUB WRKS
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255.20 [Pub Works/Roads]
\+
287.50 [CCNA]

Question 7

State Form 1’s Pattern.

Answer 7

FORM 1
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1st inc:     $2.5k or 5%
2d inc:     $5k  or 5%
assets:    $10k or 10%
credtrs:   $10k or exc worth

Question 8

Form 1’s Pattern summarized.

Answer 8

FORM 1
-----------
starts @ $2.5 + double
1st inc:  $2.5k  or   5%
2d inc:  $5K    or    5%
assets:  $10k   or   10%
crdtrs:   $10k   or   exc worth

Question 9

State Form 6’s Pattern.

Answer 9

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

Question 10

Form 6’s Pattern summarized.

Answer 10

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

Question 11

State the different claimants.

Answer 11

FLUEDRA:
O believes Dev Ord is unreas or unfairly burdens.
LOCAL:
Aggrieved or affected by Dev Ord based on CP.

Question 12

State LG’s obligation to provide each.

Answer 12

FLUEDRA:
Mandatory if requested.
LOCAL:
Optional to have, pass an Ordinance.

Question 13

State the 3 steps for each.

Answer 13

FLUEDRA:
(1) O has 30 days from rendition to demand.
(2) LG has 10 days to give demand to Spec. Mag.
(3) LG notifies contiguous Os & PH witnesses.
———–
LOCAL:
(1) w/i 10 days of Dev Ord application LG must post notice or mail to affected Os that they have rt to Q-J hearing.
(2) Hold Q-J b/4 spec master who makes recommendations to LG
(3) Hold 2nd Q-J.

Question 14

State the method of appeal.

Answer 14

FLUEDRA:
De novo declaratory, circuit, 30 days.
LOCAL:
Writ of cert!, circuit, 30 days.