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Fl Con Law Flashcards

1
Q

Looking for

A

Homestead
Passing Bill/law

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2
Q

Homestead

A

Primary residence is protected from a forced sale by creditors

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3
Q

Homestead elements

A

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

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4
Q

Súper Creditors (can get at homestead no matter what)

A

Mortgage

Property taxes

Mechanics lien- unpaid work to your home

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5
Q

Homestead protec abandonment

A

Leave the property and express an intent not to return.

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6
Q

Devising homestead

A

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

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7
Q

Advalorem taxes

A

Property taxes and taxes on tangible personal property

Prop taxes paid to local county gov.

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8
Q

Homestead exemption from advalorem

A

Fl, 2 25k exemptions off market value of property calculated by millage rate

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9
Q

Millage rate

A

Uniform Formula for property tax calculation

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10
Q

Portability (taxes)

A

When sale of one homestead to another you have to refile but you’re allowed to take property tax exemption value to new property

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11
Q

Gov owned land

A

Exempt from all advalorem prop taxes BUT if sued by private person for profit purposes then it’s taxed

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12
Q

Bill chart

A

State Legislature
Bill formalities
Separation of powers

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13
Q

State trying to pass law

A

Regular session v special

General v special law

Chartered v unchartered (county action)

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14
Q

Regular session

A

Normal scheduled time to meet

Last general 60 days

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15
Q

Special session called by governor

A

Can last 20 days

Only meeting over a single issue

Only pass laws in purview of special session proclamation (reason for the meeting)

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16
Q

Bill to law

A

Needs to pass each house by majority

Becomes law after gov signs or doesn’t veto within 7 days of presentation.

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17
Q

Power of state to pass law

A

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

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18
Q

Formalities of Bill

A

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

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19
Q

Separation of powers

A

One branch cannot encroach on another’s powers.

FL const expressly incorporates that powers be separated.

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20
Q

General law

A

Applies to entire state uniformly

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21
Q

Special law

A

Only applies to a group of people or geographic area

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22
Q

General law of local application

A

Law that applies to areas with specific population
—ex: over 65 years old, over X income

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23
Q

County action

A

Each county has home rule power that enables them to make laws for themselves. Chartered v nonchartered

24
Q

Chartered county

A

Broad power to pass laws not inconsistent with general laws/state law/state constitution.

25
No chartered county
Power is narrow. Only get power to make laws if general or special law allows them to
26
Commonly tested issues
Standing Equal protection Substantive/Procedural Due Process Religion Criminal procedure
27
Standing
Person has to have distinct injury (to themselves)
28
Equal protection
Class of people treated differently.
29
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
30
Intermediate scrutiny
Gov has to show that law is substantially related to an important Gov interest Gender
31
Rational basis
Gov has to show law is rationally related to a gov interest. Every other class of people
32
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
33
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
34
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
35
Procedural Due process
Applies to property rights and requires notice and hearing — work, license, benefits
36
Regulating speech
Content based v content neutral
37
Content based
Gov stopping you from getting your message out Strict scrutiny
38
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
39
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.
40
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)
41
Access to courts
In FL, you can’t be denied access to courts through a law If law seems to deny right, unconstitutional
42
Right to jury trial
Right to have a trial
43
Sunshine law
Gov law passing or meetings have to be open to the public. No secrecy
44
Miranda warnings
From a cop if in custodial interrogation. Can waive rights is knowing and voluntary doing so
45
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
46
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
47
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
48
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)
49
Bond
FL Gov issues bonds (raising money)
50
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)
51
Revenue Bond
Public purpose/project for which the bond is issued generates revenue. No vote/referendum needed Tolls, admissions — revenue
52
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
53
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
54
Private nuisance
Unreasonable interference of someone’s private property
55
Public nuisance
Interference w Whole community. Usually Gov will sue but if action is brought by private person then need to show special harm

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