More Flashcards
Is a PH required to impose a special assessment?
153, 10 day notice. W+WW special assessment
AND
166.045 requires 10 day hearing for MUNI to interlocal for LEO. I am not sure if that is paid w/ spec assessments.
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) No sov. imm. for STATUTORY CLAIMS.
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 + 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)
What is an appraisal required by O under BH?
BERT HARRIS ----------- Meets FS 475.611(1)(e), i.e.: Communicates: (1) An opinion (2) A report.
If there is both lawful motive & an assumed BMW motive, does POPE get sov imm?
What’s the threshold level for lawful motive?
YES!
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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)
LAND ----------- Coordinated State Review Process. --- State 11 steps.
1) LPA preps CP amdmt.
2) Transmittal PH.
3) w/i 10 days - Transmit to SLPA & reviewing agencies.
4) Deem complete.
5) Rvwing Agencies may provide comment to SLPA.
6) State agencies comment only important state resources that may be adversely impacted.
7) IF SLPA chooses to rvw, has 60 days to issue ORC.
8) Adopt PH - adopt or reject.
9) Send to SPA.
10) SPA deems complete.
11) Effective upon Notice of Intent on SLPA website (not newspaper) unless challenged.
LAND ----------- Expedited State Review Process. --- State 11 steps.
1) LPA preps CP amdmt.
2) Transmittal PH.
3) w/i 10 days - Transmit to SLPA & reviewing agencies.
4) Deem complete.
5) Rvwing Agencies rvw upon request of (a) LG, (b) regional planning council or (c) affected person.
6) State agencies comment only important state resources that may be adversely impacted.
7) Adopt PH - adopt w/ or w/o changes or determine it will not adopt the changes.
8) LG can require super maj but cannot permit public rt to approve or repeal CP amendments.
9) Send to SPA.
10) SPA deems complete.
11) Effective 31st day, unless challenged.
What triggers challenge deadline for the 3 types of CP review?
LAND
(1) smAll - 30 days after Adoption.
(2) Expedited - Effective date, i.e., 30 days from SLPA deems complete.
(3) Coord - Effective upon SLPA’s Notice of Intent (unless challenged.) NOI issue 45 days after receipt.
CP ----------- State the following 6 things about SECTOR PLANs: 1) Acreage 2) Includes? 3) Goes thru? 4) Must contain? 5) Type of review? 6) Timeline of review aft (a) transmittal, (b) adoption.
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
5) Coordinated State Review.
6) (a) 60 days ORC, (b) 45 days NOI.
What must court specifically do to make a sov. imm. claim appealable?
Must specifically find AS A MATTER OF LAW, that agency is not entitled to Sov. Imm.
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Miami-Dade County v. Pozos, 2017 WL 621233 (Fla, 3d DCA) (Feb. 15, 2017)
What kind of ordinances may Non-Charters pass?
Not inconsistent w/ gen law or spec law (wh/ or not approved by electors), per Art. 8, Sec. 1(f), also giving pwrs of self govt as is provided by gen. or spec. law.
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CCs = Not inconsistent w/ gen or spec law approved by electors.
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~confirmed Art. 8, Sec. 1(f). as is provided + not inconsistent ordinances.
What ordinances may Charters pass?
Not inconsistent with gen or spec law (if those spec laws have been approved by electors.)
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NCs = Not inconsistent w/ gen or spec law (wh/ or not electors have approved).
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~confirmed. Art. 8, Sect. (1)(g).
What is the critical thing about the dollar thresholds for continuing Ks under CCNA?
construction can NOT EXCEED $4M.
study can NOT EXCEED $500k.
State the 3 State claims & 1 Federal claim vs. LG as LEO’s employer.
ESSAY ----------- 1. Neg Failure to train/super. Spec duty. 2. Neg Hiring. Inapprop invest + indep 3. Neg Retent. Failure to act + indep ----------- 4. 42 USC 1983 - policy/custom ----------- more? add to Finance 34, leo essays 49 & More 13
What are 6 categories of Q-J acts?
Q-J
1) ANNEXATIONS
2) Zoning; Overlay Zoning; Re-Z if impacts small
3) Special exceptions, permits, variances, vested rts hrg,
4) Code enforcement
5) Subdivision plats
6) Business licenses
What is a surprising category of Q-J acts?
Q-J ----------- Annexations! ----------- 1) Zoning; Overlay Zoning; Re-Z if impacts small 2) Annexations 3) Special exceptions, permits, variances, vested rts hrg, 4) Code enforcement 5) Subdivision plats 6) Business licenses
Name 5 things that special assessments can NEVER be used for.
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State why.
FINANCE ----------- 1) LEO. 2) EMS. 3) Court access. 4) Public hospital. 5) Gen. govt. services. ----------- Because they have no logical relationship to PROPERTY.
Name 8 things spec assessments CAN be used for.
Hint - must benefit property.
FINANCE
(1) Fire and first responder services.
(2) Street improvements.
(3) Parking facilities.
(4) Downtown redevelopment.
(5) Solid waste.
(6) Stormwater mgmt.
(7) Beach nourishment.
(8) Water and wastewater utility.
improvements. O
MUNIS ----------- State 2 statutes providing Munis may act outside its borders to provide a service . . . ----------- 1) But not into another muni? (a) What service? (b) What pay method is allowed? ----------- 2) Can go into certain other muni but can't pay in a particular method. (a) What service? (b) What method of pay is prohibited? (c) What requirements of other muni?
MUNIS ----------- 180.02: (a) munis powers to effectuate Ch. 180 do not extend or apply w/i corp borders of another muni. (b) spec assmt when outsider connects. ----------- 163.045: (a) Can interlocal for LEO. (b) Outline: Can't pay w/ special assessments b/c they are unrelated to property. (c) ADJACENT + IN SAME COUNTY ----------- ~all confirmed.
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.
#s ----------- For what kind of lawsuit does LG have an unusual # of days to respond to summons?
s
torts - have 30 (not usual 20)
State the mechanics & deadlines prior to filing FLSA.
None. You can talk to DOL but doesn’t toll your S/L.
State 3 things that ARE appropriate only for QJ?
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Said differently, state 3 things that are not appropriate for de novo dec, re: CP [FS 163.3215].
DEVELOPMENT ORDERS:
1) Sewer & roadway in ROW are not dev ords, not approp.
2) FLUEDRA - CP acts are not ‘development orders’
3) Decisions based on Code (by writ).
Concurrency - MANDATORY inclusions
It’s Mandatory the Current Level of the Water is Safe for State’s Transport of a School of fish.
- Water (W, WW & Drainage) + Safety (police, fire, ems, health)
- Level of Service Stds.
- State mandates for transp + schools.
Concurrency - MANDATORY inclusions
It’s Mandatory the Current Level of the Water is Safe for the School of fish Transporting
- Water (W, WW & Drainage) + Safety (police, fire, ems, health)
- Level of Service Stds.
- State mandates for transp + schools.
What is Court’s standard re: LDRs + Land Use restrictions?
Presumptively valid if consistent w/ CP or bears a rational relationship to a legitimate public purpose.
State the 3 step analysis of a ‘failure to train’ claim under 42 USC 1983, i.e., what must PL show?
LEO - CONST
1) Custom or policy of inadeq training
2) Actual or constr knowledge yet deliberate indiff.
3) Delib indiff = cz of injury
