Laws Flashcards
What is provided in 14th Amend. of the U.S. constitution?
E.D. ----------- No LG may take w/o Due Process of Law i.e., Applied 5th Amend to State + LG ----------- 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
What is provided in 5th Amend. of the U.S. constitution?
E.D. ----------- $5 = just comp. ----------- Prohibits taking for public use w/o just comp.
What is provided in Art 10, Sec 6 of the FL constitution?
E.D. ----------- 106 ~ ED's highest (fullest) #'d const reference = FULL $COMP$ ---------- Entitled "Eminent Domain" ----------- Can't take: 1. w/o pub purp & w/ FULL COMP. 2. To convey to private O unless by State law. ----------- Can take for: Easements to drain 1 Os prop onto or thru another's
State how 336 & 255.20 are the same, re:
— COMP BID (1 way)
—————– HIRE (2 ways)
——————————-PROCEDURE (3 ways)
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
State 4 ways do 336 & 255.20 differ.
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.
For what projects are Continuing Ks & Design Builds contemplated in the statutes?
MUNI PUB WRKS ----------- 255.20 [Pub Works/Roads] \+ 287.50 [CCNA]
State Form 1’s Pattern.
FORM 1 ----------- 1st inc: $2.5k or 5% 2d inc: own 5%, report 10% customer if $5k or $1.5k + 5% real prop: 5% assets: $10k or 10% credtrs: $10k or exc worth
Form 1’s Pattern summarized.
FORM 1 ----------- 1st inc: $2.5k or 5% 2d inc: if own 5%, reveal 10% customer if $5K or 5% real prop: own 5% assets: $10k or 10% crdtrs: $10k or exc worth
State Form 6’s Pattern.
FORM 6 ----------- 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]
Form 6’s Pattern summarized.
FORM 6 ----------- $1K = everything. 1st inc: $1k 2d inc: $1k + 5% assets: $1k crdtrs: $1k
State the different claimants.
FLUEDRA:
O believes Dev Ord is unreas or unfairly burdens.
LOCAL:
Aggrieved or affected by Dev Ord based on CP.
State LG’s obligation to provide each.
FLUEDRA:
Mandatory if requested.
LOCAL:
Optional to have, pass an Ordinance.
State the 3 steps for each.
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.
State the method of appeal.
FLUEDRA:
Writ of cert!, circuit, 30 days.
LOCAL:
Writ of cert!, circuit, 30 days.