Fl Con Law Flashcards
Looking for
Homestead
Passing Bill/law
Homestead
Primary residence is protected from a forced sale by creditors
Homestead elements
Primary residence (1 homestead at a time) which is generally legal domicile
Owned by individual (not entity)
Filed with clerks office before any creditor claim
.5 acre contiguous land inside muni 160 acres outside of muni
Súper Creditors (can get at homestead no matter what)
Mortgage
Property taxes
Mechanics lien- unpaid work to your home
Homestead protec abandonment
Leave the property and express an intent not to return.
Devising homestead
If fee simple- can do whatever you want
Cannot devise homestead if married and have minor child
—surviving spouse gets life estate remainder to the child
Advalorem taxes
Property taxes and taxes on tangible personal property
Prop taxes paid to local county gov.
Homestead exemption from advalorem
Fl, 2 25k exemptions off market value of property calculated by millage rate
Millage rate
Uniform Formula for property tax calculation
Portability (taxes)
When sale of one homestead to another you have to refile but you’re allowed to take property tax exemption value to new property
Gov owned land
Exempt from all advalorem prop taxes BUT if sued by private person for profit purposes then it’s taxed
Bill chart
State Legislature
Bill formalities
Separation of powers
State trying to pass law
Regular session v special
General v special law
Chartered v unchartered (county action)
Regular session
Normal scheduled time to meet
Last general 60 days
Special session called by governor
Can last 20 days
Only meeting over a single issue
Only pass laws in purview of special session proclamation (reason for the meeting)
Bill to law
Needs to pass each house by majority
Becomes law after gov signs or doesn’t veto within 7 days of presentation.
Power of state to pass law
State leg has police power so Can pass any law for health safety and welfare of citizens as long as it doesn’t conflict with federal law
Formalities of Bill
Title
Enactment clause
—“be it enacted that”
Law for valid purpose
—reasonably related to public welfare
Comply with single subject
—bill can only be about one thing “no log rolling”
Vagueness/overbroad
—average person can understand
Separation of powers
One branch cannot encroach on another’s powers.
FL const expressly incorporates that powers be separated.
General law
Applies to entire state uniformly
Special law
Only applies to a group of people or geographic area
General law of local application
Law that applies to areas with specific population
—ex: over 65 years old, over X income
County action
Each county has home rule power that enables them to make laws for themselves. Chartered v nonchartered
Chartered county
Broad power to pass laws not inconsistent with general laws/state law/state constitution.
No chartered county
Power is narrow. Only get power to make laws if general or special law allows them to
Commonly tested issues
Standing
Equal protection
Substantive/Procedural Due Process
Religion
Criminal procedure
Standing
Person has to have distinct injury (to themselves)
Equal protection
Class of people treated differently.
Strict Scrutiny
Gov has burden to show that the law is necessary to achieve a compelling interest
In FL
— Race
— Religion
— Nationality
— Physical disability
Fed
— Race
— alienate
— national origin
Intermediate scrutiny
Gov has to show that law is substantially related to an important Gov interest
Gender
Rational basis
Gov has to show law is rationally related to a gov interest.
Every other class of people
Substantive Due Process
Gov is taking away or restricting a right from all of us.
No person shall be deprived of Life liberty or property without due process
Fundamental rights
If Gov takes away/restricts a fundamental right then apply strict scrutiny. Non fundamental- rational basis.
Right to interstate travel
Free speech
Right to vote
Right to privacy
— contraception
— abortion
— marriage
— procreation
— private education
— rise to raise your family
FL fundamental right
In addition to others,
Right to privacy is broad, “right to be left alone” any intrusion into one’s love is strict scrutiny
Right to work
— can’t be punished for joining a union
Procedural Due process
Applies to property rights and requires notice and hearing
— work, license, benefits
Regulating speech
Content based v content neutral
Content based
Gov stopping you from getting your message out
Strict scrutiny
Content neutral
Not regulating content but regulating where when and how (time place and manner)
Generally constitutional, reg has to further gov interest and leave alternate means of communicating the message
Religión
Free exercise clause
Gov has to remain neutral to your practice of religion. It’s okay if Bill/laws restrict your religion as secondary effect
Cannot break law for religion.
Stablishment clause
Gov can’t pass law that seems to establish a religion
Test
— law has secular purpose (non religious)
— Gov can’t promote or inhibit religion
— no excessive entanglement w religion (can’t sponsor or subsidize religion)
Access to courts
In FL, you can’t be denied access to courts through a law
If law seems to deny right, unconstitutional
Right to jury trial
Right to have a trial
Sunshine law
Gov law passing or meetings have to be open to the public.
No secrecy
Miranda warnings
From a cop if in custodial interrogation.
Can waive rights is knowing and voluntary doing so
Custodial interrogation
Custody if based on objective standard a reasonable person would belief they are not free to leave.
Interrogation is if Gov agent is trying to illicit criminal info
Search and seizure
Fl constitution guarantees the right against unreasonable search in a place where you have a reasonable expectation of privacy and seizure by government agent
Privacy- car, bag, etc
Search- if it’s out in the open not reasonable privacy. NEED PROBABLE CAUSE
Warrant
Agent needs a warrant to search if there is probable cause, person has a reasonable expectation of privacy
Issued by neutral magistrate and specifies scope of the search
Exception to warrant
Exigent circumstances (emergency, flee, destroying evidence)
Stop and frisk (reasonable suspicion of criminal activity- can frisk if reasonable suspicion you have a weapon)
Search incident to lawful arrest (search person or wingspan)
Consent (actual/apparent authority to premises)
Bond
FL Gov issues bonds (raising money)
General obligation Bond
Gov is building a project but it will not generate revenue by itself. Backed by full faith and credit of the state (getting paid back through tax revenues)
Vote/referendum is required
Ex- free highway (no tolls)
Revenue Bond
Public purpose/project for which the bond is issued generates revenue.
No vote/referendum needed
Tolls, admissions — revenue
Eminent Domain (Taking)
Gov can take private property for public purpose if they give you full compensation. (Fair market value)
Can still be owned by private individual if Gov can make a good argument as to why it’s good overall for the public.
Reduction of economic value of your land due to projects being built around by gov, still a taking
Public purpose is broad
—overall public good
Inverse condmentation
Economic value of prop is reduced so greatly that it is essentially worthless. Some economic reduction is foreseeable
Due to noise, project, power plant near…etc
Private nuisance
Unreasonable interference of someone’s private property
Public nuisance
Interference w Whole community. Usually Gov will sue but if action is brought by private person then need to show special harm
