FL Con Law Flashcards
Bill Formalities
To comply with the Florida Constitution, every bill shall embrace but one subject matter, be properly connected therewith, and the subject shall be briefly expressed in the title. There must be an enacting clause that reads: Be it enacted by the Legislature of the State of Florida. The law cannot be vague or overbroad and must be reasonably related to the public welfare.
There is a single subject limitation when drafting the bill. This prevents logrolling and informs people (gives notice) of the subject of the law so that hearings may be properly held. Logrolling is when the Legislature attempts to put separate unpopular issues into a bill that has no connection with the subject matter.
Types of Laws
General laws which are laws that have statewide impact and application. General laws of local application apply to a particular locality and uses a population-based classification scheme to restrict its application.
Special laws apply to a specific class of people or a geographic location. The voters in the region must be given notice or approve the special law by referendum.
Prohibited Special laws include: Statewide elections, except county, city, or local government. Taxes for state or counties. Rules of evidence. Crimes. Divorce. Conditions precedent.
If there is a conflict between a General law and a Special law, the Special law tends to take precedence because it is a more specific expression of legislative will.
Standing
In Florida, a person has standing when they have suffered harm or threat of injury or if they are a taxpayer.
Bonds
State and local governments may borrow funds for capital projects by issuing bonds. Bonds must be for a paramount public purpose. There are two type of bonds general obligation bonds and revenue bonds.
General obligation bonds allow the government to pledge its “full faith and credit” or “taxing power” as security to guarantee repayment. A voter referendum is required if the bonds: are payable from ad valorem taxes, and mature more than 12 months after issuance.
Revenue bonds are repaid from the revenue created by the capital project (i.e., stadium, tolls). The bond purchaser may not go after the government to collect money if the revenue to pay back the purchaser does not materialize. No voter referendum is required.
Charter County
Each county has home rule power that allows them to self-govern. A charter county has broad power to pass law not inconsistent with general laws. A non-chartered county has a narrow power to self-govern provided by general or special law.
If there is a conflict with a chartered county and a municipal ordinance within the county, the county law will take precedence.
County Officers
Constitutional officers in each county include: The Sheriff, the Clerk of the County Court, Tax Collector, and the Property Appraiser.
County Officers, even in a non-charter county, have independent authority granted to them by the Florida Constitution. Any disciplinary issues for individual officers are handled at the state level.
Municipal Powers
In Florida, each municipality has home rule powers to conduct municipal government and perform municipal functions and services. Municipal actions are valid so long as they do not conflict with State law or the Florida Constitution. Municipalities also have the authority to tax and spend for the public’s general welfare.
Any municipality can grant ad valorem tax exemptions to new businesses built in the municipality. These exemptions may be granted by an ordinance that has been submitted to the voters and approved by them.
Florida Supreme Court
The Florida Supreme Court has exclusive jurisdiction to implement rules of practice and procedure in all Florida courts.
The mandatory jurisdiction of the Supreme Court is limited to cases involving: the death penalty, DCA decision invalidating a state statute, administrative actions for utilities, and bond violations.
The discretionary jurisdiction includes: DCA decisions declaring a state statute valid, DCA decisions that are in direct conflict, and any issue certified to be of great public importance.
DCA Jurisdiction
There are 5 District Courts of Appeal in Florida.
The mandatory jurisdiction for the DCA includes: final orders from trial courts, final orders of State Agencies, and non-final (interlocutory) orders of trial courts.
The discretionary jurisdiction of the DCA includes: final orders of circuit courts acting in review capacity, non-final orders of state agencies and circuit courts
Declaration of Rights
Florida’s declaration of rights ensures every citizen has the Freedom of speech, Freedom of religion, Freedom of press, Freedom from unreasonable searches and seizures, the Right to assemble, Right to work, Right to bear arms, Right to trial by jury (except juveniles), the Right to privacy, and Access to the courts
These are fundamental rights that are subject to strict scrutiny. To pass strict scrutiny the government must show that law is necessary to achieve a compelling governmental interest.
If it is not a fundamental right it is subject to rational basis. The rational basis test requires that there is a legitimate government interest and the restrictions are rationally related to the interest
Other Fundamental Rights
The Florida Constitution’s Declaration of Rights states that no person shall be deprived of life, liberty, or property without due process of law. – strict scrutiny
Every person charged with a crime or violation of a municipal or county ordinance must be entitled to pretrial release on reasonable conditions, unless charged with a capital or life offense and the proof of guilt is evident or the presumption is great. – unless the person is a danger to community
The writ of habeas corpus is a right that must be freely grantable and without cost. It must be returnable without delay, and it must never be suspended, unless suspension is essential to public safety in the case of rebellion or invasion
*Unions trigger right to work
Access to Courts
The Florida Constitution provides that courts shall be open to every person for redress of injury without sale, denial, or delay. If the legislature restricts access to the courts, it must provide a reasonable alternative or show there is no other way to accomplish an overwhelming public need (Kluger test)
Due Process Clause
Property rights – need a notice and a hearing (benefits, licenses)
Speech: content-neutral or content-based regulation, time, place, manner.
Religion:
Free exercise clause: each citizen has the right to practice their religion as they chose, if the government is intending to stop its unconstitutional. If the intent of the law is not to stop religion but the effect stops religion is not unconstitutional.
Establishment: government cannot pass a law that establishes religion (1) law must have secular (non-religious) purpose (2) gov cannot promote or inhibit religion (3) no excessive entanglement (payment of money, sponsoring religion with money).
Eminent Domain
In Florida, the right to exercise the power of eminent domain is legislative function. Private property cannot be taken for public use without direct authority from the legislature. What is considered public use is a judicial question.
Government can take private property for public use if they pay full compensation (fair market value). Public use means that it broadly benefits the state in a tangible and foreseeable way.
In Florida, private property taken by eminent domain cannot be conveyed to a natural person or private entity unless a general law allows it or the property will be used for operating roads, utility services, or public infrastructure.
In Florida, eminent domain may not be used to eliminate a public nuisance or preventing slum or blight.
Can also argue inverse condemnation because the project significantly reduces the economic value.
Encroachment
The Florida Constitution mandates separation of powers between the three branches of government (Executive, Legislative, and Judicial). The Legislative branch creates laws, the Judicial branch interprets laws, and the Executive branch administers laws. The separation of powers doctrine encompasses two prohibitions
First, that no branch may encroach upon the powers of another, second, that no branch may delegate to another branch its constitutionally assigned powers (non-delegation doctrine).
Equal Protection Clause
The Florida Constitution provides that no person shall be deprived of equal protection of the laws because of race, ethnicity, national origin, or physical disability.
These are suspect classes that are subject to strict scrutiny. To pass strict scrutiny the government must show that law is necessary to achieve a compelling governmental interest (narrowly tailored and least restrictive means)
Gender and illegitimacy are quasi-suspect classes which means the law must be substantially related to important interest. In the case of gender, the interest needs to be exceedingly persuasive.
Any other group is a non-suspect class (i.e., age) and are subject to rational basis. The rational basis test requires the law to be rationally related to a legitimate governmental interest.
The Florida Supreme Court has found that a cap on noneconomic damages violates the Equal Protection Clause of the Florida Constitution. A cap is subject to rational basis, an arbitrary reduction of compensation without regard to the severity of injury does not satisfy the rational basis test.
Florida Constitutional Amendment
The Florida Constitution may be amended by the people.
Citizens may propose an amendment to the Constitution that must embrace only one subject and matter. The petition to amend must be signed by 8% of the number of voters in the most recent presidential election and 12 of 23 congressional districts must be represented in the signatures.
The Supreme Court’s review of citizen initiatives is limited to two issues: whether the petition satisfies the single-subject requirement and whether the ballot title and summaries are printed in clear and unambiguous language which fairly informs the public and is not misleading. - The Court will not address the wisdom of the amendment petition.
The law will take effect upon approval of 60% of the voters at the next general election
Homestead
In Florida, a person may claim homestead protection if they are a natural person, a Florida resident who uses the property as permanent residence, and they establish ownership and the size and contiguity requirement (½ acres of contiguous land located inside a municipality or 160 acres of contiguous land outside a municipality).
Homestead protection will protect the homeowner from a forced sale by any creditor if the homestead is established (recorded) prior to any judgment recorded against the property. However, there is an exception for the failure to pay mortgage, property taxes, or enforcement of a mechanics lien.
Abandonment – leave the property and express an intent not to return.
Devising Homestead
In Florida, you cannot devise homestead if there is a surviving spouse and minor child. Spouse is entitled to a life estate and the minor children will have a vested remainder.
Ad Valorem
A Florida homeowner is required to pay taxes on real property and tangible personal property. Property taxes are paid to the local county government, not the state. The amount of taxes is based on a uniform millage rate (cannot exceed 10 mills) There is no state income tax.
There is an exemption for ad valorem taxes on homestead property, a homeowner is entitled to two 25k exemptions off the assessed property value. Under the rule of portability when a homeowner moves to a new homestead the exemption value will follow to the new residence.
Government owned land is exempt from all property taxes but if part of it is used or leased for commercial use to make a profit that portion is taxable. (i.e., gift shop on gov. land)
Only the State of Florida (as opposed to local governments) may levy ad valorem taxes on intangible property (cannot exceed 2 mills). (patents, copyrights, stocks).
Legislation
The legislature is bicameral and consists of a House of Representatives and a Senate. The legislature may pass legislation during a yearly regular session (60 days) by a majority vote.
The Legislature may pass laws during a special session which is declared by proclamation of the Governor. A special session can last no more than 20 days and can only pass laws within the purview of the special session proclamation unless there is a 2/3 vote of both houses.
Governor Veto Power
Every bill passed by the Legislature must be presented to the Governor for approval. It will become law when the Governor signs the bill or does not veto within 7 days of presentment or 15 days if the law is enacted at the close of the legislative session. If the Governor vetoes the bill it can be overridden by a 2/3 vote of each house.
Local Government: Elections
All elections by the people must be by direct and secret vote. General elections will be determined by a plurality of votes cast.
Local Government: Electors
Any person who is 18 years old and a permanent resident of the State, is an elector in the county they are registered.
