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212-055 | Sun Certified Programmer for the Java 2 Platform.SE 5.0

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212-055 - Sun Certified Programmer for the Java 2 Platform.SE 5.0 - braindump

Vendor SUN
Exam Number 212-055
Exam Name Sun Certified Programmer for the Java 2 Platform.SE 5.0
Questions 581 Q & A
Recent Update July 17, 2018
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212-055 exam Dumps Source : Sun Certified Programmer for the Java 2 Platform.SE 5.0

Test Code : 212-055
Test Name : Sun Certified Programmer for the Java 2 Platform.SE 5.0
Vendor Name : SUN
Q&A : 581 Real Questions

SUN Sun Certified Programmer

give protection to skin from the sun | killexams.com Real Questions and Pass4sure dumps

With summer season arriving and with it hotter weather, people spend greater time backyard to work and play beneath the sun.

It’s crucial to spend time preparing your skin for time outdoors and below the solar.

“This solar accelerates the effects of aging, together with wrinkles and age spots and raises risk for setting up epidermis cancer,” said Dr. Ashley Kerekes, a board licensed plastic and reconstructive surgeon with Hardin Memorial fitness.

based on the skin Can­cer groundwork, extra people are diagnosed with epidermis cancer each year within the u.s. than all different cancers mixed.

The skin melanoma Founda­tion provided different records. One in 5 american citizens improve epidermis cancer via age 70 and the annual can charge of treating dermis cancers is within the billions of greenbacks. And, melanoma accounts for 3 % of all pediatric cancers.

Figures from the dermis Can­cer basis state that one adult dies of melanoma each hour and during the last decade, new melanoma cases annually have elevated fifty three p.c.

Kerekes pointed out there are four leading blunders people make related to summer time skin care.

• now not donning sunscreen

• not reapplying sunscreen

• Staying in direct sun for extended intervals of time

• Forgetting delicate areas such because the scalp, neck and ears

“affected person’s should at all times take note of the suns damaging rays,” she said. “They need to put on sunscreen daily on their face even after they don’t believe they have been going to be uncovered to the solar for lengthy periods of time.”

Many may also no longer realize using in a car can cause solar exposure, she referred to.

“individuals also deserve to wear an improved SPF when they anticipate being in the sun for prolonged intervals of time and not neglect to reapply,” she observed.

wearing hats and lengthy sleeve shirts can also support, Kerekes referred to.

“Hats will offer protection to areas that you just may additionally now not feel about such as the scalp, the again of the neck and ears,” she mentioned.

instances can develop that require people to are trying to find a physician’s care for the solar publicity on their dermis.

“make sure to be very accepted along with your dermis and any moles that you've got,” Kerekes observed, adding prevention is vital. “Any new spots or alternate of any spots such as darkening, itching or bleeding deserve to be addressed by a physician.”

She recommends seeing a dermatologist as a minimum once a year for a full physique epidermis assess.

The most beneficial solar Shirts for men and girls | killexams.com Real Questions and Pass4sure dumps

we are enterprise believers in the “suns out, guns out” motto (see our tank appropriate roundup), but we additionally feel it’s smart to put a layer of insurance plan between you and that big ball of fire within the sky. in case you haven’t heard, the publicity for you to endure on an extended river commute or a scramble above tree line can do permanent harm. We discovered 5 killer shirts with UPF 50+ scores that are developed to operate on the path or water whereas holding you secure from these damaging rays.

Patagonia R0 sun Hoodie ($70)

sun shirt(Courtesy Patagonia)

on occasion you’re in the water, every now and then you’re out of the water. either way, you want solar insurance plan. Enter the mild, quick-dry R0, made from a good exchange licensed blend of polyester and spandex that’s designed for sun insurance plan right through amphibious activities, no matter if you’re fishing or paddleboarding. The hood offers you total protection for those who should disguise from the sun the most.

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out of doors analysis Astroman solar Shirt ($ninety five)

sun shirt(Courtesy outside analysis)

developed for long days of climbing and belaying within the solar, the Astroman has quite a lot of stretch, thanks to a mix of nylon and spandex, in a kit that wicks and dries fast whereas offering UPF 50+ solar insurance policy. We dig the collar, which pops up and stays upright for introduced protection around your neck.

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Stio men’s Eddy Shirt ($a hundred)

sun shirt(Courtesy Stio)

You don’t all the time need to put on lengthy sleeves. made from Conflux, a super-light-weight blend of nylon and polyester with a DWR conclude, the Eddy is stretchy, dries quick, and has a UPF 50+ ranking. It’s as performance-minded as your favourite tech tee but first rate-looking satisfactory to put on about city. try those pearl snaps!

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Flylow women’s Hawkins Shirt ($65)

sun shirt(Courtesy Flylow)

Don’t let the mellow aesthetic fool you, this shirt performs. Designed for ladies who shred singletrack, this three-quarter-sleeve vixen has a UPF 50+ score and a drop-tail hem to supply coverage whilst you’re within the saddle. Its poly/spandex combine that stretches and wicks fast in the event you want it most.

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Black Diamond Alpenglow Hoodie ($85)

sun shirt(Courtesy Black Diamond)

in case you’re spending time within the desert, or above tree line, or possibly pulling an uncovered climb, you need this lightweight layer with the entire tech chops. It’s a quick-wicking cowl-up with a UPF 50+ rating, underarm gussets for total mobility, and a hood that fits under a helmet. It’s even treated with Polygiene for odor control.

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The FDA Is Warning against sun coverage tablets. right here's Why. | killexams.com Real Questions and Pass4sure dumps

a close up of a device © Shana Novak by way of Getty pictures Sunscreen drugs are some of the most recent tendencies in solar insurance policy ― they’re oral dietary supplements that claim to protect the skin from the solar’s harmful rays ― but you could be inserting your self at an accelerated chance of sunburn or epidermis melanoma if you’re misusing them. 

In can also, the meals and Drug Administration released an announcement warning concerning the hazards of the use of oral supplements as a sole type of sun insurance plan (key words: sole form). The federal company accused 4 manufacturers ―  advanced dermis Brightening formula, Sunsafe Rx, Solaricare and Sunergetic ― of misleading advertising. These manufacturers declare their items can give protection to people from the solar and its detrimental effects, which isn’t always true.

Two specialists are assisting us solve the issue: Dr. Rachel Nazarian of Schweiger Dermatology community in ny and Dr. Jeanine Downie, a board-licensed dermatologist and contributing medical expert to Zwivel.com, talked to HuffPost about whether sun protection supplements work, how they should be used and even if we want them. 

Do these supplements definitely give any coverage from the solar? 

The answer is extra complicated than a simple sure or no. 

As Downie instructed HuffPost, there are a couple of tablets marketed as sunscreen capsules that truly don’t give protection to individuals from the solar. 

“What I inform my sufferers is there’s nothing like topical sunblock,” she observed. “With these drugs, individuals consider like they can pop a tablet, no longer put on sunblock in any respect, and that’s fully bad and fully false [especially] with incidents of skin cancer rising the manner it has been.” 

What these solar coverage supplements do on a cellular degree, Nazarian explained to HuffPost, is “curb one of the most irritation and a few of the damage that become performed to cells.” 

however, she wired, “they’re now not sunscreen. It’s now not like they’re blocking off the radiation or offering a take care of against ultraviolet radiation.”

there's one complement, Heliocare, that Downie and Nazarian stated they’ve informed to their patients, specifically those that are extraordinarily reasonable or very photosensitive. Heliocare’s leading energetic ingredient is Polypodium leucotomos extract, which comes from a fern native to relevant and South the us. based on one examine from The Journal of clinical and Aesthetic Dermatology, Polypodium leucotomos, when taken orally for a regular period of time, proved to be an “beneficial capacity for reducing the destructive effects of ultraviolet radiation.” 

nonetheless, supplements should now not exchange sunscreen. 

instead, Downie and Nazarian talked about they have got informed that their patients use Heliocare in addition to their regular sunscreen so as to add coverage. In essential phrases, Heliocare can a bit of enhance your threshold for sunburns and your sensitivity to radiation, Nazarian stated, however it is not a sunblock. 

“There’s nothing enhanced than putting sunblock on your exact face, neck, ears, backs of arms each morning, and then reapplying it numerous instances a day,” said Downie, whose patients name her the sunblock queen, the sunblock police and the sunblock reckoner. 

“As on your physique elements, if you’re no longer going to be simply directly riding to work, and you’re outside in the sun all day ― carrying the mail, reducing the garden, if you’re a development employee, if you’re a crossing preserve ― any of those things where you’re outdoor all day, you want it on your body as well. it really is topical sunscreen with an SPF of 30 or greater.” 

Downie additionally stressed that sunblock should still be worn in any climate, as as much as 80 % of the sun’s rays can penetrate during the clouds, even on gray and gloomy days.

“All that nonsense about ‘Oh, it’s no longer sunny, I don’t should wear sunblock’ is actually that ― nonsense,” she mentioned. “Rain or shine, January via December, I don’t care what time of yr it is, I want individuals to wear sunblock.”

So, if sunblock is the most vital, will we really need dietary supplements, too?  

Downie referred to that if a person is diligent about perpetually making use of and re-applying their sunscreen (SPF 30 or bigger) daily in satisfactory amounts, it’s not totally integral to add a supplement like Heliocare to their routine. 

but, as Nazarian pointed out, we’re now not ultimate humans who practice (and reapply) the superb volume of sunscreen every single day. In her opinion, then, including a supplement can be a good option when used besides a topical sunscreen. 

“with the intention to get the SPF they advertise on the bottle, it truly has to be utilized in a pleasant, in shape volume and then it has to be reapplied all over the day,” she stated. “You and i each be aware of that, at the least with half the population, if they’re donning makeup, they’re no longer going to be applying greater sunscreen on correct of their makeup all over the day.”

Sunscreen is the smartest thing accessible for sun coverage, Nazarian mentioned, but it surely’s nonetheless incorrect, and “it’s nevertheless now not good enough.” 

“i'd under no circumstances tell people to turn away additional tools they could use to stay away from dermis cancer and even sun growing old,” Nazarian introduced.

So what precisely about these capsules should still concern us?

It’s now not an ingredient within the tablets, fairly it’s the advertising.

The FDA brought up that the agencies named above were “placing individuals’s health at risk by giving buyers a false experience of security that a dietary complement could steer clear of sunburn, in the reduction of early skin getting old led to with the aid of the sun, or give protection to from the hazards of dermis cancer.” 

If people agree with the drugs will give protection to them from the sun, they may be less inclined to apply a topical sunscreen as neatly. And in the event that they aren’t wearing sunscreen whereas exposed to the solar’s rays, they’re not in reality protected from the sun. 

because the FDA aptly brought up, “There’s no tablet or pill that can exchange your sunscreen.” 

linked video: Dermatologists demonstrate How lengthy Your Sunscreen Will in fact protect You (offered by way of Wochit information)

click on to expand

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    LETTER TO THE EDITOR: Okaloosa County faculties need our assist | killexams.com real questions and Pass4sure dumps

    Sunday Feb four, 2018 at four:00 AM Feb 4, 2018 at 7:55 AM

    In December 2017, Okaloosa County commissioners accepted a temporary half-cent earnings tax referendum. Voters can have a chance to vote for the tons-necessary funding this November. The sales tax is required for county infrastructure initiatives, including better roads. New roads are urgently vital in north Okaloosa and increased or superior roads are vital in most constituents of the county. The half-cent sales tax will help and it'll be an outstanding delivery.

    Our high-quality colleges also need help. The schools in Okaloosa County receive one of the highest quality rankings within the state. The rankings and look at various scores are extraordinary, but the accolades belong to the skilled and dedicated teachers, first rate directors, the students and committed parents.

    think about what our brilliant academics (and coaches) could do with the suitable facilities and ample components, suitable climate handle, roofs that don’t leak, school rooms that do not should be evacuated because of a thunderstorm (portables), up to date science labs, new track rooms, more advantageous artwork amenities, better ball fields, gymnasiums and maybe even outside swimming pools for the swim groups.

    Our schools want immediate and necessary aid. In March 2017, the administration itself had to abandon its constructing (in castle Walton seaside) because of mould and other fitness concerns. how many different old faculty constructions are within the same circumstance? Our toddlers should attend schools that are 100 percent suit, secure and at ease with up to date educating aids and stronger constructions.

    Voters aren't likely to vote for two separate tax initiatives, although they are brief. Let’s support correct obvious school infrastructure considerations with one longer-time period sales tax (one that doesn't expire for 15 years). Florida Statute area 212.055(2) allows for faculty funding with a local government Infrastructure Surtax. Voters should urge the Okaloosa County college Board to work with county commissioners and encompass schools in any new sales tax initiative.

    Eric T. Campbell, Niceville

    attorney commonplace adequate’s Flagler seashore’s Plan to Spend income Tax money on Erosion tasks | killexams.com real questions and Pass4sure dumps

    The query is the way to preserve it from washing away. (mystuart/Flickr)

    In a lift to Flagler seashore’s efforts to locate funds for beach erosion initiatives, Florida lawyer customary Pam Bondi wrote in an advisory opinion that the city may spend its share of earnings tax earnings on such projects. if you want to supply Flagler seashore the means to bond the salary and tackle extra costly initiatives, including an experimental project the metropolis fee approved prior this yr.

    but when and when voters are asked to renew the county-large revenue tax referendum later this yr—which provides 0.5 cents on the greenback to Flagler’s earnings tax expense), the ballot language might also ought to be clearer, to specify that beach erosion projects are amongst these making the most of tax salary.

    The metropolis requested the opinion from Bondi previous this yr. The opinion doesn’t have the drive of legislation. but native governments rely on legal professional conventional’s opinions for counsel when the legislations is unclear.

    “universal it become effective,” Flagler beach city manager Bruce Campbell said of the opinion.

    remaining year the Flagler seashore metropolis commission agreed to give Holmberg applied sciences a go to stave off further erosion. The system makes use of underwater concrete “stabilizers” that seem to naturally fill up a beach’s sand. The enterprise claims its technology is less costly than, say, beach “renourishment” or dredging, which gets washed away by using the identical forces of abrasion over time. When given the go forward, Holmberg informed Flagler seaside it essential $50,000 to an analysis of the shore and its underwater topography.

    On June 22, Flagler beach metropolis officials will appear before the Flagler County vacationer development Council to request $50,000 beneath the council’s beach Restoration fund (which takes eleven.25 % of the county’s 4 p.c mattress tax assessed on lodge and inn bills and other short-time period local rentals; in different phrases, the funds is generated overwhelmingly with the aid of friends, no longer with the aid of native residents). If the TYDC approves—and the Flagler County fee ratifies the grant—then Holmberg applied sciences will get to work, taking a projected forty five to 60 days to finished its evaluation, Cambpell spoke of.

    however more funds could be crucial to do the genuine seashore erosion project, assuming Holmberg’s is accepted with the aid of state and federal authorities (still a extremely huge if, because those authorities have to date been immune to Holmberg). either approach, Campbell spoke of, Flagler seaside will want earnings to handle seaside erosion. That’s where the sales tax income is available in.

    The half-penny county-wide income tax generates about $four million a yr. It’s cut up between the county and the cities. Flagler seaside’s share has been $195,000 a year. When county voters approved the levy 10 years ago, the polllanguage become specific to capital initiatives and enhancements “corresponding to renovation, reconstruction and construction of highway, streets, pedestrian security tasks, motor motors, public buildings and associated capital facilities right through Flagler County.”

    The language did not specify seashore erosion projects. Flagler seaside city attorney Drew Smith posed two questions to the legal professional well-known: whether that sales tax funds may be spent on beach erosion tasks, and whether the spending was approved by means of the polllanguage. The crucial state legislations makes it possible for it, Bondi mentioned in her may also 30 opinion. (See the total textual content beneath.)

    “i am of the opinion that the projects themselves and studies which involve planning, property design and engineering charges could be funded with native govt infrastructure surtax revenues,” Bondi wrote. She precise that the legislation would “authorize the city to make use of surtax funds to fund the building of seashore erosion manage mechanisms and to fund the planning and reviews concerned in planning this infrastructure assignment and the design and planning charges associated with the challenge.”

    but Bondi turned into no longer as clear about ballot language. Even when making use of the doctrine of noscitur a sociis, a criminal, Latin term that means that the words will be understood in response to their context, the context of the referendum language as written 10 years in the past can simplest be stretched to date, otherwise it might “simply authorize expenses for a wide selection of projects with out providing the voters with a reasonable thought of what these initiatives might be,” Bondi wrote.

    “consequently,” she endured, “I can't advise you no matter if the permanent seashore erosion control mechanism the city of Flagler beach sooner or later constructs would come inside the scope of this referendum language.”

    Campbell stated the metropolis has extra homework to do concerning the ballot language voters will see q4.

    If Flagler seashore asks the county to consist of a clause about seashore erosion, that might supply the county whatever thing of bargaining chip to win the city’s acclaim for the new components the county wants to impose on the metropolis, when it involves splitting the cash. currently, cities are becoming a larger percentage of the sales tax revenue than they might under the county’s new, proposed system below a renewed tax. If the county receives its way, Flagler seaside’s annual profits would ultimately drop from the present $195,000 to about $120,000, which might enormously have an effect on the city’s bondable sums.

    Flagler seaside and Palm Coast are antagonistic to changing the components. The disagreement is jeopardizing the county’s plan of inserting the referendum renewal on the ballot, as a minimum for the August primary. but to this point, the cities and the county have yet to agree.

    The Pam Bondi Advisori Opinion:

    quantity: ago 2012-19Date: can also 30, 2012Subject: Infrastructure surtax, seashore erosion projects/stories

    Mr. D. Andrew Smith, IIIShepard, Smith & Cassady, P.A.2300 Maitland middle ParkwaySuite 100Maitland, Florida 32751

    RE: MUNICIPALITIES–INFRASTRUCTURE–TAXATION–beaches–beach EROSION–SURTAX–whether metropolis may use local executive infrastructure surtax to fund seaside erosion manage initiatives and reports. s. 212.055, Fla. Stat.

    expensive Mr. Smith:

    you are metropolis legal professional for the metropolis of Flagler seaside and the city has requested my opinion on substantially right here questions:

    1. Is the metropolis of Flagler seaside approved by using area 212.055(2), Florida Statutes, to make use of dollars gathered pursuant to that statute to fund reviews and building of public capital projects concerning beach erosion control?

    2. If the city of Flagler beach is approved to make such fees, is the Flagler County referendum polllanguage sufficiently large to permit the equal expenses?

    In sum:

    1. To the extent that the city of Flagler seaside proposes to construct seaside manage mechanisms that would satisfy the terms of part 212.055(2), Florida Statutes, the statute would authorize the city to use surtax money to fund the construction of beach erosion control mechanisms and to fund the design and planning expenses associated with the task.

    2. costs of the Flagler County Ten (10) 12 months earnings Surtax to Fund Infrastructure advancements are restricted to those public projects and kinds of tasks which contain roads, streets, pedestrian defense tasks, motor automobiles, public constructions and linked capital facilities. costs for design and planning stories which are undertaken in association with a certified task are applicable charges of surtax funds.

    at the beginning, i would be aware that this workplace has concluded in a number of previous opinions that section 212.055(2), Florida Statutes, requires that a normal description of the tasks to be funded through a local executive infrastructure surtax need to be placed on the ballot to approve the imposition of the surtax. Revenues from the surtax should be expended on projects that fall inside the generic description contained on the ballot.[1]

    in keeping with your letter, Flagler County conducted a referendum through which county electors authorized the county to undertake the “Flagler County Ten (10) yr income Surtax to Fund Infrastructure advancements” (the “Flagler Surtax”). The ballot language read as follows:

    “To deliver the funding for quintessential public capital projects, Flagler County and its cities require further revenue. The proposed revenue supply is a ten (10) year 0.5 cent (0.5 () per greenback sales surtax on taxable transactions happening inside Flagler County. These revenues can be used for funding public tasks and improvements such as the renovation, reconstruction and development of roads, streets, pedestrian protection initiatives, motor cars, public constructions and linked capital amenities right through Flagler County.”

    Flagler County as a result adopted an ordinance imposing the surtax. The city of Flagler seaside is located inside Flagler County and currently receives dollars gathered via the Flagler Surtax.

    You haven't provided this workplace with specifics of the “beach erosion handle mechanisms” proposed to be built by means of the metropolis and my comments will, hence, be everyday in nature and in accordance with your assertion that these are “public capital projects” and “fixed assets which includes fixtures and glued device.”

    query One

    Florida follows the well-known rule that taxes may be levied, assessed, and amassed most effective as prescribed by way of statute.[2] however a municipality is granted broad home rule powers via Article VIII, part 2(b), Florida constitution, as carried out by using section 166.021, Florida Statutes, its taxing vigour is derived from Article VII of the Florida charter, no longer Article VIII, Florida constitution.[3] for that reason, this workplace has pointed out that a county or municipality has no home rule powers with admire to the levy of taxes, however need to be able to aspect to constitutional or statutory authority in exercising its taxingpower.[4]

    part 212.055(2), Florida Statutes, authorizes native governments to levy a discretionary sales surtax pursuant to an ordinance enacted with the aid of the participants of the county governing physique and authorized through a majority of the county electors vote casting in a referendum on the surtax. The statute exceptionally addresses the applications for which the surtax could be expended. Subsection (2)(d), states:

    “The proceeds of the surtax licensed by way of this subsection and any accumulated interest will be expended . . . to finance, plan, and assemble infrastructure; to acquire land for public undertaking, conservation, or insurance policy of herbal components; or to finance the closure of county-owned or municipally owned solid waste landfills that have been closed or are required to be closed by way of order of the department of Environmental protection. . . . The proceeds and any interest may also now not be used for the operational expenses of infrastructure . . .

    1. For the functions of this paragraph, ‘infrastructure’ potential:

    a. Any mounted capital expenditure or mounted capital outlay linked to the building, reconstruction, or improvement of public amenities which have a existence expectancy of 5 or extra years and any linked land acquisition, land improvement, design, and engineering costs.”

    The terms “fastened capital expenditure” and “mounted capital outlay” don't seem to be defined for purposes of this section. however the phrases are not described in Chapter 212, Florida Statutes, the time period “[f]ixed capital outlay” is described in Chapter 216, the statutory chapter that relates to state planning and budgeting. Pursuant to section 216.011(1)(p), Florida Statutes, a “[f]ixed capital outlay” is

    “the appropriation category used to fund true property (land, buildings, together with appurtenances, fixtures and glued machine, structures, and so on.), including additions, replacements, main repairs, and renovations to precise property which materially lengthen its useful life or materially enhance or change its functional use and including furniture and gadget imperative to furnish and operate a new or improved facility. . . .”

    An “[e]xpenditure” is defined in section 216.011(1)(m), Florida Statutes, to suggest “the creation or incurring of a criminal responsibility to disburse money.”[5]

    in the absence of a definition of those phrases for functions of Chapter 212, Florida Statutes, a standard realizing or definition of the element constituents of these phrases can also also be useful in determining their scope.[6] The term “mounted” is generally understood to mean something that is securely placed or dependent.[7] “mounted capital” has been described to imply the capital invested in mounted belongings (land, buildings, machinery)[8] or capital it really is durable in character (corresponding to constructions and equipment) and can be used over an extended length of time.[9]

    as a result, section 212.055, Florida Statutes, authorizes the expenditure of the proceeds of the surtax approved by means of this subsection to finance, plan, and construct “infrastructure” as that time period is defined within the statute. That definition includes, by means of its terms, “land development, design, and engineering fees” associated with the development, reconstruction, or improvement of public facilities having a existence span of 5 or greater years.

    you have offered me with no details of what styles of seashore erosion manage projects may be below consideration, however have characterised proposed seaside erosion controls constructed via the metropolis as “fixed assets consisting of fixtures and fixed device that might enhance public seashore facilities by using countering beach erosion and materially extending the beneficial life of the city’s public shores[.]” You additionally indicate that these everlasting seaside erosion control mechanisms erected by the metropolis “would definitely be intended to have a lifestyles expectancy of greater than 5 years.” To the extent that the initiatives themselves satisfy the statutory standards, i'm of the opinion that the tasks themselves and stories which involve planning, property design and engineering costs could be funded with local government infrastructure surtax revenues.

    In attorney everyday Opinion ninety four-79, this workplace considered whether land development or design expenses could effectively be purchased with the proceeds of the discretionary revenue surtax provided for in part 212.055(2), Florida Statutes. The opinion regarded the definitions of “mounted capital expenditure” and “fastened capital outlay” as well as “infrastructure” to determine that such items as fencing, swings, lumber for bleachers and lights, and the materials for panorama design and tree and shrubbery planting would not be acceptable bills of surtax proceeds. The opinion notes that these prices are greater in the nature of day-to-day operational expenses that can also now not be paid for with surtax dollars. however, land development or design costs that happen along side a hard and fast capital expenditure or fixed capital outlay linked to the construction, reconstruction or development of public amenities, or an expenditure for things like substances for panorama design can be purchased with the proceeds of the surtax when a new public facility is being developed or an latest public facility is being superior. The opinion concludes that these funds may no longer be used independently for panorama design and development within the absence of a linked fixed capital outlay.

    As you have described the metropolis of Flagler seaside erosion manage assignment, the mission would involve the building of fixtures and glued machine and the studies and plans concerned in the construction of such capital projects. in accordance with the language of part 212.055(2), Florida Statutes, and previous opinions of this office, it's my opinion that section 212.055(2), Florida Statutes, would authorize the metropolis to make use of surtax funds to fund the development of seaside erosion manage mechanisms and to fund the planning and experiences concerned in planning this infrastructure task and the design and planning costs associated with the assignment.

    question Two

    As referred to above, this workplace has prior to now concluded that section 212.055(2), Florida Statutes, requires that a widely wide-spread description of the tasks to be funded by way of a local govt infrastructure surtax need to be placed on the ballot to approve the imposition of the surtax.[10] As required by using part 212.055(2)(b), Florida Statutes, “[a] statement which contains a short ordinary description of the initiatives to be funded by means of the surtax and which conforms to the requirements of s. one zero one.161 will be placed on the ballot[.]” Florida courts have identified the prevalent rule that tax revenues ought to be expended for the purposes for which they were collected, it's, money raised by means of taxation for one purpose can't be diverted to one other use.[11] as a consequence, revenues from the surtax ought to be expended on initiatives that fall inside the accepted description contained on the ballot.

    Flagler County conducted a referendum wherein county electors authorized the county to undertake the “Flagler County Ten (10) 12 months income Surtax to Fund Infrastructure advancements” (the “Flagler Surtax”) with right here ballot language:

    “To supply the funding for essential public capital projects, Flagler County and its cities require additional salary. The proposed revenue source is a ten (10) 12 months 0.5 cent (0.5 () per dollar income surtax on taxable transactions occurring inside Flagler County. These revenues would be used for funding public tasks and improvements such because the renovation, reconstruction and building of roads, streets, pedestrian protection initiatives, motor automobiles, public constructions and linked capital facilities throughout Flagler County.”

    I keep in mind your 2nd question to be no matter if the polllanguage “funding public tasks and enhancements such as the renovation, reconstruction and building of roads, streets, pedestrian security initiatives, motor automobiles, public constructions and linked capital amenities during Flagler County” would encompass public capital tasks regarding seashore erosion handle and the stories attendant to those projects.

    under the doctrine of noscitur a sociis, the which means of statutory terms, and the legislative intent behind them, may well be found by using relating to words linked to them within the statute.[12] under this doctrine, phrases take their meaning according to their context or affiliation with other phrases within the statute. hence, the phrase “public tasks and enhancements” ought to be study in reference to the notice linked to it in the polllanguage, i.e., “roads, streets, pedestrian protection projects, motor motors, public structures and linked capital amenities[.]”

    To read the polllanguage proposing for funding “public tasks and enhancements” with out the qualifying language following it on the ballot would appear to present so huge a categorization as to deny the voters any specific note of what can be funded through the bond referendum. it is, to examine the ballot language “public projects and improvements” without obstacles expressed in the “corresponding to” clause would with no trouble authorize expenses for a wide variety of projects without featuring the voters with a reasonable theory of what these projects might possibly be. To conclude that using a established description corresponding to “public projects” is adequate to propose the voters of the functions for which the surtax is to be levied would simply defeat the statutory goal of requiring such a description.

    The referendum language limits use of those surtax money for “public initiatives and improvements such as the renovation, reconstruction and building of roads, streets, pedestrian safety tasks, motor cars, public buildings and linked capital amenities all the way through Flagler County.” This office has been presented without a description of what styles of initiatives may be under consideration. therefore, I can't suggest you no matter if the everlasting beach erosion control mechanisms the city of Flagler seaside ultimately constructs would come within the scope of this referendum language. youngsters, as become concluded in my response to query One, to the extent that studies and design and planning expenses are undertaken along with a licensed task, these costs would represent acceptable bills of surtax proceeds.

    for that reason, it is my opinion that charges of the Flagler County Ten (10) year revenue Surtax to Fund Infrastructure improvements are limited to these public initiatives and kinds of initiatives “comparable to” roads, streets, pedestrian safety projects, motor motors, public buildings, and associated capital amenities. bills for design and planning studies which can be undertaken along with an authorized mission are appropriate fees of local surtax dollars.


    Pam BondiAttorney time-honored


    [1] See Op. Att’y Gen. Fla. 00-06 (2000) (s. 212.055[2], Fla. Stat., requires that a standard description of the initiatives to be funded by way of local government infrastructure surtax be placed on the ballot to approve imposition of surtax; revenues from surtax must be expended on tasks falling within accepted description contained on ballot); cf. Op. Att’y Gen. Fla. 08-08 (2008).

    [2] See Walter E. Heller & enterprise Southeast, Inc. v. Williams, 450 So. 2d 521 (Fla. 3d DCA 1984), assessment denied, 462 So. 2d 1108 (Fla. 1985); State ex rel. Seaboard Air Line R. Co. v. homosexual, 35 So. second 403 (Fla. 1948); Maas Brothers, Inc. v. Dickinson, 195 So. 2nd 193 (Fla. 1967).

    [3] See generally Contractors and Builders affiliation of Pinellas County v. city of Dunedin, 329 So. 2d 314, 317 (Fla. 1976). See also city of Tampa v. Birdsong Motors, Inc., 261 So. 2nd 1 (Fla. 1972) (municipality’s vigor to tax is discipline to the constraints in artwork. VII, s. 9, Fla. Const.). and spot art. VII, s. 9, Fla. Const., setting out taxing authority for counties.

    [4] See, e.g., Ops. Att’y Gen. Fla. 00-06 (2000) (county ought to fritter away revenues from surtax on initiatives inside the prevalent description on ballot); 90-23 (1990) (metropolis might also now not give for the rebate of ad valorem taxes accrued on newly annexed property, in the absence of constitutional or statutory authority allowing such motion); 87-forty five (1987); and 84-sixty five (1984) (instruments of native executive have no inherent energy to impose taxes; the taxing energy must be derived from the state).

    [5] and notice Op. Att’y Gen. Fla. 03-17 (2003), considering the fact that these definitions in relation to s. 212.055(2), Fla. Stat.

    [6] where a statute does not exceptionally outline phrases of standard utilization, such words ought to accept their plain and normal which means. See Southeastern Fisheries association, Inc. v. branch of natural elements, 453 So. 2nd 1351 (Fla. 1984).

    [7] See Webster’s Third New foreign Dictionary “fixed,” p. 861 (unabridged ed. 1981); 36A C.J.S. “fix” 583 (“fastened” has been interpreted to imply based, enterprise, fastened, eventually decided upon, immovable, securely positioned); and notice Webster’s New general Unabridged Dictionary “fastened,” p. 727 (2003) (“fixed, attached, or positioned with a view to be company and never with no trouble movable; firmly implanted; stationary; rigid”).

    [8] See Black’s legislations Dictionary “fastened capital,” p. 221 (eighth ed. 1999).

    [9] See Webster’s Third New international Dictionary “fixed capital,” p. 861 (unabridged ed. 1981).

    [10] See, e.g., Op. Att’y Gen. Fla. 08-08 (2008) and lawyer generic Opinions cited therein.

    [11] See, e.g., Supreme forest Woodmen Circle v. Hobe Sound Co., 189 So. 249 (Fla. 1939); Ops. Att’y Gen. Fla. 00-29 (2000) and 77-26 (1977). Cf. Dickinson v. Stone, 251 So. 2d 268 (Fla. 1971). and see Oven v. Ausley, 143 So. 588, 589-590 (Fla. 1932), pointing out:

    “When an enforced contribution is exacted from the americans by using the vigour of taxation, it's for a selected public goal, and the fund so raised is a believe fund within the fingers of the felony custodians of it. There may also exist situations in which the fund could be diverted to another lawful goal than that for which it changed into raised. Appropriation of public moneys for certain public applications includes the energy of taxation, and when the funds is taken from a fund created by means of the levy of a tax and applied to any other purpose it's such as the levy of a tax for such goal. The hindrance upon the expense of taxation is for the coverage of taxpayers and to secure economic system in the expenditure of public moneys.”

    and see Op. Att’y Gen. Fla. 02-fifty five (2002) (faculty capital outlay tax moneys amassed to fund district school projects would not be an acceptable aid for funding projects on property not owned or managed by the college district).

    [12] See Turnberry Isle resort and membership v. Fernandez, 666 So. 2nd 254 (Fla. 3d DCA 1996); Cepcot supplier v. department of enterprise and professional law, building business Licensing Board, 658 So. 2nd 1092 (Fla. 2nd DCA 1995); Ops. Att’y Gen. Fla. 00-07 (2000) (while team of workers analysis refers to “invoices,” that term should be construed in easy of the different sorts of suggestions referenced); ninety four-12 (1994); 90-55 (1990) (phrases of section may still be construed in connection with, and their that means ascertained by means of reference to, other words and phrases of the part with which they're associated).

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    This post become contributed with the aid of a neighborhood member.

    beneath are two lengthy Sections from the Interlocal agreement between PSTA and Pinellas County that become authorized at the June PSTA Board of directors meeting.

    area  7.  PLEDGE OF SURTAX internet PROCEEDS.

     (A)  In  order  to  finance  or  refinance  tasks,  PSTA  can also  challenge  bonds  or  notes,  enter  into  traces  of  credit,  incur  loans  or  other  indebtedness,  enter  into  concession,  hire  or  similar  agreements,  and  can also  cozy  charge  responsibilities  beneath  such  bonds,  loans,  notes,  strains  of  credit  or  other  indebtedness  or  pursuant  to  such  concession,  rent  or  identical  agreements  with  a  pledge  of  and  lien  on  the  Surtax  web  Proceeds  in  accordance  with  the  provisions  of section  212.055(1),  Florida  Statutes,  and  different  relevant  legislations,  together with  any  indebtedness  refinancing  such  bonds,  loans,  notes,  strains  of  credit  or  other  indebtedness.  Prior  to  the  initial  issuance  of  any  indebtedness  via  PSTA,  the  Pinellas  County  attorney  shall  approve  the  trust  agreement  or  have confidence  indenture  (the  "believe  contract")  pursuant  to  which  such  indebtedness  is  to  be  issued.  The  County  and  PSTA  agree  that  it  is  their  intent  that  such  approval  be  offered  by means of  the  County  lawyer  prior  to  the  date  of  the  Surtax  Referendum.  notwithstanding  the  foregoing,  PSTA  shall  at  all  times  comply  with  its  debt  coverage  referred  to  in  section  10  hereof

    (B)  besides the fact that  anything else  herein  to  the  opposite,  to  the  extent  permitted  through  law,  in  order  to  effectuate  the  purposes  in  PSTA's  Greenlight  Plan,  PSTA  may  enter  into  leases  or  public  inner most  partnerships  with  concessionaires,  and  may additionally  comfortable  its  duties  to  make  lease,  concession  and  different  funds  under  lease  and  concession  agreements  with  a  pledge  of  and  lien  on  the  Surtax  web  Proceeds  in  accordance  with  the  provisions  of  area  212.055(1  ),  Florida  Statutes.  (C)  Nothing  contained  herein  shall  be  construed  to  restrict  the  quantity  of  indebtedness  that  may additionally  be  incurred  by  PSTA  to  be  secured  by  the  Surtax  web  Proceeds.


    This area provides the authority for the PSTA to obligate income tax proceeds to the charge of bonds issued through PSTA. once obligated, these money can't be decreased or used for some other purpose with the aid of PSTA or the County. The bond covenants will investigate how the cash is to be spent, and whereas the County might also have some say within the structuring of the bonds, PSTA will in reality be within the driver's seat, because they'll truly be spending the bond proceeds with constrained County over sight.

    we have already considered how liberally PSTA interprets guidelines regarding spending funds.

    part  9.  discount AND TERMINATION OF SURTAX.

    Upon the past of:

    (A)  completion  of  all  steps  to  finance  (including  with out  problem  debt  incurrence,  and/or  execution  of  public-deepest  partnerships  or  leases), acquire,  and/or  construct  all  initiatives  and  capital  advancements  reflected  in  PSTA's  Greenlight  Plan,  as  together  decided  via  PSTA  and  the  County  (if  the  parties  can't  at the same time  examine  even if  PSTA's  Greenlight  Plan  has  been  accomplished,  the  events  shall  have interaction  a  nationally  recognized  transit  advisor  acceptable  to  both  events  to  make  such  determination);

    (B)  PSTA's  choice  to  discontinue  such  steps  to  finance,  acquire  and/or  construct  noticeably  all  of  the  tasks  and  capital  advancements  meditated  in  PSTA's  Greenlight  Plan

    (C)  the occurrence  of  a  drive  Majeure

    (D)  the  fiftieth  50th  anniversary  of  the  date  the  Surtax  is  first  levied  and  every  twentieth  anniversary  thereafter;

    (E)  a fee  default  under  the  believe  contract;  or

    (F)  PSTA  applying  Surtax  net  Proceeds  for  a  intention  other  than  PSTA's  Greenlight  Plan,

    the  County  and  PSTA  shall  meet  to  talk about  the  certain  event  described  in  clauses  (A)  through  (F)  that  has  occurred  and  shall  consider,  depending  upon  the  experience,  revising  this  agreement,  revising  or  including  to  PSTA's  Greenlight  Plan,  seeking  extra  authorization  for  additional  makes use of  by  PSTA  of  the  Surtax  web  Proceeds  or  reducing  or  increasing,  if  there  has  been  a  outdated  discount  and  field  to  the  barriers  of  the  Surtax  Referendum,  briefly  or  permanently,  the  Surtax  net  Proceeds.  If  the  parties  are  unable  to  agree  on  what  action,  if  any,  to  take,  after  making  a  respectable  faith  effort,  the  County  can also  take  any  legally  required  motion  to  reduce  the  Surtax  web  Proceeds  distributed  to  PSTA.  In  determining  what  motion  to  take,  if  any,  pursuant  to  this  area  9,  the  parties  shall  comply  with  the  provisions  of  area  29(B)  hereof.

    Any  reduction  of  Surtax  net  Proceeds  allotted  to  PSTA  as  a  influence  of  an  motion  or  experience  described  in  clauses  (C),  (E)  or  (F)  above  shall  be  brief  and  the  County  shall  without delay  start  distributing  the  full  volume  of  the  Surtax  internet  Proceeds  to  PSTA,  together with  all  quantities  that  had been  held  again  and  exact  activity  income,  if  any,  truly  derived  by  the  County,  when  the  County  determines,  in its  sole  discretion,  that  such  adventure  or  action  has  been  cured  or  no  longer  exists.  The  foregoing  shall  no longer  impose  a  obligation  on  the  County  to  invest  any  of  such  withheld  quantities.  The  County  shall  assess,  in its  sole  discretion,  whether  any  discount  of  Surtax  net  Proceeds  distributed  to  PSTA  as  a  effect  of  an  action  or  adventure  described  in  clauses  6  (A),  (B)  or  (D)  will  be  brief  or  permanent.  If  the  County  determines  to  completely  reduce  the  distribution  of  the  Surtax  web  Proceeds,  to  the  extent  and  as  approved  by  legislation,  it  might also  take  such  action  as  it  deems  critical  and  is  legally  required  to  reduce  the  volume  of  the  Surtax  levy  in  accordance  with  this  part.  besides the fact that  anything  in  this  area  9  to  the  opposite,  any  brief  discount  shall  be  limited  to  an  volume  that  will  now not  impair  PSTA's  skill  to  meet  all  of  its  then  marvelous  monetary  duties  under  the  have faith  contract.


    This part units up the situations below which the income tax would terminate. note that (D) units the existence expectancy of Greenlight at 50 years however makes it possible for for two 20 yr extensions.

    this is ninety Years!

    TWO generations.

    A child born on January 1, 2015 when this Tax begins, will pay the tax their complete existence, their babies pays it and it is not inconceivable their grand toddlers might also additionally pay it.

    This amount of indebtedness for this size of time to increase 24 4 rail stations for a educate frequently going to the inaccurate locations; purchasing and selling a bunch of land and constructing tracks and buildings so a very few can get very wealthy is terribly, very incorrect.

    The legislations you are being requested to approve with your yes vote is barely over 5000 words long. The Interlocal agreement where the County makes an attempt to put some handle on PSTA is over 7000 phrases lengthy. And we now have just begun.

    don't personal loan your future, your children's future and grandchildren's future for a train that does not meet the core public transportation need and should can charge tens of millions more than the Greenlight plan contemplates.

    ship the County, PSTA, TBARTA and Greenlight returned to drawing board just like they did in Hillsborough County.

    Greenlight is a plan that we don't need and cannot come up with the money for.

    Vote NO November 4

     consult with you fiends and neighbors and be certain they comprehend what they're voting for.

    it be now not public transportation. it be all in regards to the funds.

    e-mail Doc at: dr.webb@verizon.net. Or ship me a facebook (Gene Webb) friend request.Please comment below, and be certain to share on facebook and Twitter.Disclosures: Contributor to No Tax for Tracks

    Get the St. Pete newsletterSubscribe

    Thanks for your comments.

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