Mixed Bag #1 Flashcards
How does 10 days impact the Local Process?
If have such an ordinance, upon rec of app must MAIL & POST O’s rts w/i 10 days.
———–
reminder
local process - 10 days at rec of app to post & notify rts to spec mag
fluedra - 10 days aft rec O’s request to assign to spec mag
What must O believe to initiate FLUEDRA (FS 70.51) & what is the timeline?
TIME ----------- O believes unfairly burdened. 30 days for O to request. 10 days for LG to give to special master. ----------- **reminder** local process - 10 days aft rec of app to post & notify rts to spec mag fluedra - 10 days to assign to spec mag
s
How many days for LG to act on O’s FLUEDRA request?
s
LG has 10 days to assign to special magistrate
LG must notify contiguous Os & any witnesses from PH.
———–
reminder
local process - 10 days aft rec app to post & notify rts to spec mag
fluedra - 10 days to assign to spec mag
What’s the funny thing about how PR laws re: providing to requester,
1) Save LG time/effort but also
2) Cost LG time/effort?
Money not being an issue since LG can charge.
MECHANICS
1) LG need only allow inspection. NO COPYING IS REQUIRED.
2) But if requested via mail, MUST Mail!!!
PRIVATE TO NEW GA ----------- What is a critical aspect of the 'confidential Govt info' New PA is forbidden to use? ----------- See, 4-1..1(c)
New PA must have ACTUAL knowledge.
Such knowledge is not imputed to the lawyer.
When can atty in litigation w/ Large Org/LG have ex parte w/ its employees?
CURRENT LITIG EX PARTE ----------- Common sense, w/ lowers. Proper if w/ (1) Lower employees & (2) w/ no direct involvement in the litigation & (3) Who don't speak for Large Org/LG.
Why is directing PR requester to a website insufficient?
Electronic records are an ADDITIONAL means of providing
+
Insufficient if requester specified paper copies.
What is UNIQUE need to file a claim?
Must have a comparator. If 1st woman toilet plunger in workplace, file Title 7 b/c no comparator.
What is required in Q-J hrg as part of dp but prohibited in Legis hrg?
Q-J / LEGIS ----------- Cross examine witnesses. ----------- ~I some reason choked on this.
What rules of procedure apply to writs of cert?
Writs of cert are appellate & require parties to follow the Appellate rules.
Court issues SHOW CZ & parties file APPEAL BRIEFS.
When gift is from ‘everyone else,’ who reports?
~Even though its from college friend! I miss b/c I thought it was no report.
TOLLING ----------- Name 4 situations that involve tolling a S/L while the party pursues administratively. State whether tolling is granted. ----------- Hint: 1= Land use 3 = Empl Liab
1) Land = Exaction’s 1 yr to sue is tolled while the parties process the ‘look,’ etc.
2) Emp = 2-3 yrs of liquids & you didn’t pay the toll. You’re a MESs.
fMla (dol), Epa (eeoc), flSa (eeoc)
LGs with taxing power may not grant a security interest in public property unless:
(a) the security interest is a purchase money security interest and the creation thereof is approved by ordinance after a public hearing
(b) the creation of such security interest is approved at referendum
(c) a super majority of the governing body of the local government approves after a public hearing
(d) none of the above
B
interest is Voted for Wilson to take me to Palm Beach
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Kareem Rule = any security (even a mortg) w/ referendum.
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i always want to say d.
But, a security interest CAN be granted in public property IF APPROVED @ referendum.
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Ex. GOB! from outline: a local government with taxing power may not grant a security interest in public property, absent voter
approval
Wilson v. Palm Beach, 503 So.2d 893 (Fla. 1982).
Which employment liability theory relies on Custom or Policy?
Say 3 things about it -
1) Only who?
2) What must be cause?
3) Exception for liability.
- Only Officials acting under color of law.
- Official’s act (its custom/policy) = cz.
- ## No respondent superior (can’t sue b/c LG employed a discriminator.)~confirmed.
– No Resp Sup. Why? b/c sue only for custom or policy (focus on the entity).
State 2 times preponderance of evidence is the burden.
CHALLENGE ----------- (1) Title 7 - PL - MAQS LG - BOSs DIE PL - Pretext ----------- (2) CP SLA to DOAH, amend is inconsis w/ CP. >contrast w/ 'c'lear & 'c'onvincing = 'c'ritical State resource negatively impacted.
What is preponderance of evidence?
More likely than not.
What is clear & convincing?
High burden - evidence is substantially more likely to be true than untrue.
LGs create entity via Ch. 163.
1) Is it a part of either LG?
2) Can it tax?
3) Can it issue bonds?
4) What unique status of members gives further powers?
LGs may create a separate legal entity WITHOUT PWR to:
(a) Tax or
(b) Issue bonds in its own name.
UNLESS its members are electric utilities or formed for water/wastewater (can issue bonds + bond anticipation notes) FS 163.01
Can 163 entity tax & issue bonds?
No - UNLESS is formed for w/ww (can issue bonds + anticipation notes) or members are electric utilities. FS 163.01
What is a Bond Anticipation Note?
BAN is short-term interest-bearing security issued in advance of a larger, future bond issue.
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Small short-term bonds anticipating large 1-time bond is in future.
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Gets Projects going. Seen in project phases.
In what 2 instances is there no respondeat superior?
Hint:
1) Nature of actor’s frame of mind.
2) Theory of cz of action.
(1) Malice
(2) 42 USC 1983 [sets free from policy]
- ———-
1. Only Officials acting under color of law.
2. Official’s act (its custom/policy) = cz.
3. No respondent superior (can’t sue b/c LG employed a discriminator.)
~confirmed.
- No Resp Sup. Why? b/c sue only for custom or policy (focus on the entity).
- Only sue individs in their official capacity.
Is pre-qualification under 336 & 255.20 mandatory or optional?
CHALLENGE ---------- Optional. ---------- ~confirmed. 255.20(1)(a) + 336(5)(a)
What portion of a shade meeting is off the record?
None.
Re: Signs
State the 4 step content based analysis.
Content based = SCIRT compelling govt int, ----------- Content based = (1) strict scrutiny, (2) compelling govt int, (3) is the least restrictive means & (4) narrowly tailored. ----------- vs. Content neutral = the Neutral MS. DANA gives intermediate scrutiny
Re: Signs
State the 5 step analysis for content neutral.
Content neutral = intermed scrutiny MS DANA
substantial govt interest
———–
Content neutral = the Neutral MS. DANA gives intermediate scrutiny
(1) does speech concern (a) lawful activity & (b) is it non-Misleading?
(2) Substantial govt interest
(3) Directly & materially Advances the substantial interest
(4) Narrowly tailored &
(5) Alternatives for communication.
———–
vs. SCIRT
Exception.
State of emergency.
