Creation, Modification, and Repeal of Laws

Question 1

Formal Requirements for Laws

Answer 1

• Every law in Florida must have an “enacting clause” that specifically states, “Be it enacted in the state of Florida.”
• Each law must have a title which notifies the reader of the specific subject matter.
• Other requirements include that the law—
  
  1. must be constitutional;
  2. must not be vague so that the average person with common intelligence can understand what is permitted or prohibited;
  3. cannot be overbroad, which could be demonstrated by the use of such words such as “all” and “anything;”
  4. must be reasonably related to the public welfare; and
  5. must comply with the single subject matter rule by pertaining to only one subject.
• Any statute that intends to displace a common law rule must expressly state the intention to do so.
• If a law meets the initial requirements, it must satisfy further requirements specific to the type of law it is.

Question 2

Single Subject Matter Rule

Answer 2

• Under Florida law, a law may contain only a single subject, which must—
  
  • include only issues that are naturally and logically connected, as well as
  • be briefly summarized in its title using terms
    1. not vague or overbroad, but
    2. indicating subject matter and
    3. easily understood by the public.
• The purpose of the single subject rule is, in part, to prevent logrolling, where several unrelated provisions are included together to get an unpopular provision passed.
• Any challenge to a law based on a violation of the single subject rule must be made
  
  • after enactment, but
  • before the law is codified.
• The court may strike the portion of the act that violates the single subject rule, and the remainder may be allowed to stand if—
  
  1. the unconstitutional provision can be logically separated from the remaining provisions and
  2. the legislative purpose expressed in the valid provisions can be accomplished independently of those that are void.

Question 3

Three Types of Laws

Answer 3

In Florida, there are three types of law.

• Special laws apply to a particular group of people or to a particular geographic area and, prior to enactment, must—
  
  • provide notice by publication of the intention to seek enactment, or
  • the law must be approved by a majority of voters in the area affected by the law.
• General laws apply uniformly throughout the state, and no vote is necessary.
• General laws of local application apply specifically to areas or counties with a specific population, and must be approved referendum of the population in the geographic region affected.

Question 4

Amendment to State Constitution

Answer 4

• There are five methods available to propose an amendment to the Florida Constitution: by the—

1. legislature;
2. Revision Commission;
3. initiative petition process;
4. constitutional convention; and
5. taxation and budget reform commission.

• To amend by the legislature—
  
  1. the proposal must be in the form of a joint resolution of both legislative houses; and
  2. the resolution must be agreed to by three-fifths (3/5) of the members of both houses.

Question 5

Enacting of Law

Answer 5

• In order for legislation to be enacted, both houses (Senate and House of Representatives) must vote and approve a bill by a majority vote.
  
  • Any Bill involving taxing and appropriations may be introduced in either house; but, the Bill must be read at least by title on 3 separate days in each house to be enacted.
• An approved bill must be presented to the governor for enactment.
  
  • A bill becomes law on its effective date if the governor does not sign or veto the bill within
    
    • 7 days if presented during a session or
    • 15 days if presented to the governor at the end of a session.
  • If governor vetoes bill, then—
  1. the governor must send signed list of objections to house that originated bill; and
  2. the legislature can override veto by 2/3 vote of membership in each house, with the signatures of those voting in favor of enactment being registered in the voting log at the legislature.
• Once a bill is enacted, it must be codified in the statutes to become effective as law.

Question 6

Impairment of Contracts

Answer 6

• Certain types of laws are prohibited, including those that function to retroactively impair parties’ performance under contracts.
• The state may not modify any private contracts unless it is —
  
  1. necessary to serve an important and legitimate public interest; and
  2. reasonable and narrowly tailored to promote the interest.
  • The court will use a balancing test to determine if the impairment is constitutionally tolerable in light of the importance of the state’s objective, or whether it unreasonably intrudes into the parties’ bargain to a degree greater than is necessary to achieve that objective, weighing—
    
    • the degree to which a party’s contract rights are statutorily impaired against
    • both
      
      1. the source of authority under which the state purports to alter the contractual relationship and
      2. the evil which it seeks to remedy.

Question 7

Separation of Church and State

Answer 7

• Florida law prohibits public monies, directly or indirectly, from helping a religious organization or person.

Question 8

Changing Court Rules

Answer 8

The Florida Constitution permits the legislature to change court rules only by repealing them by a two-thirds vote.

Question 9

Uniformity

Answer 9

The Florida Constitution requires Statewide uniformity in the application of certain important subjects.

• Criminal laws need to be uniform throughout the state to ensure that an action cannot be deemed criminal in one part of the state, but not in another.

Question 10

Constitutionally Prohibited Categories

Answer 10

The Florida Consititution enumerates categories that special laws of local application (i.e., special laws and general laws of local application) are prohibited from encompassing, including—

1. taxation (both regarding assessment and collection),
2. elections,
3. petit juries,
4. conditions precedent to bringing civil or criminal claims,
5. venue rules, and
6. rules of evidence.

Question 11

Local Entity Authority

Answer 11

• Under Florida Constitution, the four local government entities authorized to levy taxes on real property (ad valorem taxes), issue bonds, and establish civil service systems are—
  
  • counties,
  • municipalities,
  • school districts, and
  • special taxing districts.
• The State may not levy taxes on—
  
  • real property or
  • tangible personal property.