2023 Once & For All

Question 1

Standing to challenge CP.
How?
—
Standard?

Answer 1

AP.
Interest Based.
Affected persons who comment w/ interest protected by CP.
—
Appeal to DOAH.
—
Arbitrary & capricious & fairly debatable.

Question 2

Standing to challenge development Order?

Answer 2

1 - Not consistent w/ CP:

(a) AAA - Adversely aggrieved person
(b) De novo dec or Local Process.
(c) Arbitrary & capricious & fairly debatable.
—–
#2 - Not consistent w/ LDR:
(a) Suffering injury different than others.
(b) Writ of Cert.
(c) Proper law applied, procedural DP afforded & competent substantial evid.

Question 3

Standing to challenge development Order as not consistent w/ CP?

Answer 3

1 - Not consistent w/ CP:

(a) AAA - Adversely aggrieved person
(b) De novo dec or Local Process.
(c) Arbitrary & capricious & fairly debatable.
—–

Question 4

Standing to challenge development Order as not consistent w/ LDRs?

Answer 4

2 - Not consistent w/ LDR:

(a) Suffering injury different than others.
(b) Writ of Cert.
(c) Proper law applied, procedural DP afforded & competent substantial evid.

Question 5

Standing to challenge taking is the same as what?
State the standing requirement.

Answer 5

Same as challenging Dev. Order as inconsistent w/ LDRs, i.e., injury based.
Injury different in kind than others.

Question 6

LG rents land to for-profit corp.
Will that land be exempt from taxes during the term?
—
On what date is the answer determined?
—
What can FP Corp do to seek exemption? When?

Answer 6

Jan. 1. If lease on Jan. 2 = exempt for that year.
—
File application w/ PA. Try every year by filing application before 03/01.

Question 7

LG put penny sales tax on ballot. State the 3 things Court looks for when deciding if a ballot was proper?

Answer 7

Title & summary:
(1) Fairly inform voter of chief purpose or effects of bill,
(2) Not misleading, &
(3) Limited to the matters at hand.
—
Dept. of State v. FL Greyhound Association, Inc., 253 So. 3d 513 (Fla. 2018).
&
League of Women Voters v. Detzner, 314 F. Supp. 3d 1205 (N.D. Fla. 2018).

Question 8

Does an Order by the FL Secretary of State have the effect of a law?

Answer 8

Yes.
League of Women Voters v. Detzner, 314 F. Supp. 3d 1205 (N.D. Fla. 2018).

Question 9

When does single subject rule apply on a ballot measure?

Answer 9

Applied to citizen initiated measures.
Does not apply to CRC measures.

Question 10

Is deference applied when reviewing whether a ballot measure:
a) Fairly informs the purpose,
(b) Is not misleading &
(c) Is limited to matters at hand.

Answer 10

Yes.

Question 11

If PA appeals to Circuit Court, who must be named?

Answer 11

Owner.

Question 12

If you want to fight property assessment:
1- What must O show?
2 - To what standard?
—
3 - What must Board find?
4 - What will circuit court look for?

Answer 12

1 - value is incorrect (wrong class of use, wrong just value)
OR
2 - Arbitrary.
—
By a preponderance.
—
A. Compliant w/ FS 194..301 FS & professionally accepted appraisal practices.
B. competent, substantial evidence.

Question 13

If you are successful challenging your assessment, why do you get $ from Tax Collector?
Do you have to go back before VAB?

Answer 13

(A). You paid (1) all non-AV assessments & (2) 75% of AV assessments. When it shakes out, Tax Collector owes you interest on $ held.
(B). No.
———-
Williams Islands Ventures establishes that FS 194.014,
does not require a formal determination by the
VAB for a taxpayer to be entitled to an interest payment once the taxpayer has filed a petition to the VAB and pre-paid the statutory tax amount due, and has successfully received a reduction in the assessment.

Question 14

What are 2 prerequisites to challenging your value assessment?

Answer 14

(A) Pay all non-AV assessments &
(B) 75% of AV bill.

Question 15

Why wd non-profit company making construction education materials be liable for AV tax?

Answer 15

1) Educational exemption requires accreditation.
2) Charitable means, if it stops, public funds wd be expended.
—
Company failed.

Question 16

Why doesn’t public service tax require a real & substantial benefit, like dual taxation?

Answer 16

Dual tax prohibits taxing municipality Os unless real & substantial benefit.
—
PS tax is on products.

Question 17

Could public service tax serve muni more than unincorporated?

Answer 17

The one proposed in McLeod contemplated ‘some’ benefit.

Question 18

So what if the public service tax provided zero benefit to the unincorporated areas?

Answer 18

So nothing. The court can’t create a constitutional prohibits where none exists.

Question 19

In what 6 instances is in camera review mandatory?
—-
For what 2 is it discretionary?

Answer 19

A camera Surveils, so you need Product, Processing& the Confidence to Confess Undercover.
1) atty work Product;
2) LG produced Processing software;
3) Confidential informant;
4) Confession; &
5) Undercover.
—————
Active Criminal Investigation or Intelligence.

Question 20

Difference between County & Muni to pass emergency ordinance.

Answer 20

Both can bypass the 10 day requirement.
County - 4/5 vote.
City - 2/3 vote.

Question 21

Difference between County & Muni in passing a regular ordinance.

Answer 21

Both have to advertise for 10 days but Muni must read title or full on at least 2 separate days before vote.

Question 22

Difference in effective date of County & Muni regular ordinance.

Answer 22

County - effective upon filing with DOS.
—-
Muni effective 10 days after passage, unless provides otherwise.

Question 23

Is rational basis related to LG could have passed a less intrusive ordinance?

Answer 23

No.
It’s whether LG’s actions were reasonable related to their goal.

Question 24

Can judges prioritize cases?

Answer 24

Yes. Some cases are priorities under statute, rule or case.

Question 25

What can LG do to avoid AF for a preempted proposed ordinance?
For an existing ordinance?
—-
Who must receive notice of the concern?

Answer 25

If LG withdraws or issued notice of intent to repeal w/on 30 days.
—-
Notice just goes to LG governing body.

Question 26

What is the standard for court’s review of zoning?
Who has burden?
*think land use, subst. due process & equal protection.

Answer 26

1. Deference.
2. Unreasonable &
3. Bears no substantial relationship to H, S & W (i.e., arbitrary).
   —-
   Challenger’s burden.

Question 27

When must judge state reasons?
When does it not matter?

Answer 27

Must state reasons:
1) SJ. Genuine dispute & judge must state reasons.
2) Public records. To citizen to get AF, LG must have ‘unlawfully’ withheld.
—-
Sovereign immunity. Appellate rule was amended to permit appeal even though trial judge didn’t state his reasons.

Question 28

Knowing violation of sunshine vs knowing violation of public records.

Answer 28

Sunshine - 2nd degree misdemeanor @ 60 days + $500

Question 29

Does citizen get AF for sunshine violation?

Answer 29

Court. SHALL impose AF vs LG + individuals (unless sought attorney advice).
—-
LG gets AF if frivolous.

Question 30

What must Court find or state in:
(A) SJ;
(B) Public records; &
(C) Sovereign Immunity.

Answer 30

(A) SJ: J must state reasons.
* If law, de novo.
* If fact, deference & cert.
*. If J didn’t say, argue he departed from essential elements of law.
(B). Public Records - must find willful.
Sovereign immunity:
(A) No need for findings. Immediately appealable.

Question 31

5 things about 170.

Answer 31

1). Alternative for SAs for wide variety.
2). Vote of affected property owners for parking & mass transit.
3). If legally obligated for water-sewer related capital improvements outside jurisdiction, collect when connect.
4). SA for management, marketing & maintenance of historic or business district but not for ongoing operations.
5). Cannot SA ag land w/o reisidence or w/ pole barn.

Question 32

Describe notice requirements t for the 3 types of zoning changes.

Answer 32

1). Citizen initiated change actual zoning map = 1 x 10 days.
2). County initiated change actual zoning map & pcp in zoning category:
- 10 acres or less, 1 x 10 days + 30 days mailed.
3). County initiated change in actual zoning map or pcp in zoning category:
- over 10 acres = 7+5 ~10 hearings.