Laws Flashcards

1
Q

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

A
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
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2
Q

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

A
E.D.
-----------
$5 = just comp.
-----------
Prohibits taking for public use w/o just comp.
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3
Q

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

A
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
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4
Q

State how 336 & 255.20 are the same, re:

— COMP BID (1 way)

—————– HIRE (2 ways)

——————————-PROCEDURE (3 ways)

A

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

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5
Q

State 4 ways do 336 & 255.20 differ.

A
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.
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6
Q

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

A
MUNI PUB WRKS
-----------
255.20 [Pub Works/Roads]
\+
287.50 [CCNA]
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7
Q

State Form 1’s Pattern.

A
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
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8
Q

Form 1’s Pattern summarized.

A
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
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9
Q

State Form 6’s Pattern.

A
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]
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10
Q

Form 6’s Pattern summarized.

A
FORM 6
-----------
$1K = everything.
1st inc:  $1k
2d inc:  $1k + 5%
assets:  $1k
crdtrs:   $1k
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11
Q

State the different claimants.

A

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

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12
Q

State LG’s obligation to provide each.

A

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

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13
Q

State the 3 steps for each.

A

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.

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14
Q

State the method of appeal.

A

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

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