FL Con Law Flashcards
Sunshine Laws
Under the Florida Constitution, the meetings of any public decision-making body at which official acts are to be taken or at which public business is discussed, as well as any meetings of the legislature, must be open and noticed to the public. The Florida Sunshine Law provides that no resolution, rule, or other formal action taken at a meeting that is not open and properly noticed to the public will be considered binding. A “meeting” is any gathering of two or more members of the same board or commission to discuss some matter which will foreseeably come before the board or commission for an action. “Meeting” is interpreted broadly and extends to cover any informal discussions or meetings with members of the decision-making body unless it can be clearly demonstrated that the meeting is purely social in nature.
Cap on Noneconomic Damages
In Florida, a cap on noneconomic damages in personal injury as well as wrongful death cases violates the Equal Protection Clause because an arbitrary reduction of compensation without regard to the severity of injury does not satisfy the rational basis test.
Single Subject Rule
Under the Florida Constitution (“FLC”), each law may embrace only one subject. While the rule applies solely to state statutes and not county charters, ordinances are required by statute to conform to this rule.
Municipality Authority
A municipality may legislate certain violations (i.e., traffic offenses), but it lacks authority to impose a prison sentence unless authorized by the FLC or state statute.
Vagueness and Overbreadth
A law that is vague or overbroad is invalid. A law is vague when a person of reasonable intelligence cannot tell what is prohibited. A law is overbroad when it prohibits legitimate as well as illegitimate conduct.
Ex Post Facto Laws
Ex post facto laws (i.e., retroactive laws) are prohibited by the FLC. A law only qualifies as an ex post facto law if it (1) makes an innocent action criminal, (2) makes a crime greater than it was, (3) inflicts a greater punishment than applied before, or (4) alters a legal rule of evidence.
Florida Separation of Powers
The Florida Supreme Court applies a strict separation of powers doctrine. No person belonging to one branch may exercise any powers of the other branches unless expressly provided for in the FLC. No branch may encroach upon the powers of another or delegate its own powers to another. Judges set bond, subject to reasonable conditions.
Due Process
Like the U.S. Constitution, the FLC’s Declaration of Rights states that no person shall be deprived of life, liberty, or property without due process of law, be put in jeopardy twice for the same offense, or be compelled in any criminal matter to be a witness against oneself. The right to due process encompasses both substantive and procedural due process.
Homestead laws
Under the homestead provisions in the Florida Constitution, spouses are protected even if they do not own the property. Specifically, up to 160 acres outside a municipality and one-half acre inside a municipality are protected from creditors and judgments, except taxes, mortgages, and home-improvement liens. Additionally, an owner of a homestead cannot alienate the property through sale, mortgage, or gift, unless his spouse joins him in the transaction.
Florida is a Notice (Inquiry Notice) State
Florida is a notice jurisdiction—specifically, an inquiry notice jurisdiction. A purchaser has a duty to conduct a reasonable investigation of the premises to determine if someone other than the seller has possession of the property and to inquire as to any ownership rights. Here, it does not appear that Buyer investigated the home.
