FL Con Law

Question 1

Homestead Exemption

Answer 1

property is subject to forced sale for (1) taxes and assessments (2) mortgage OR (3) mechanic’s or improvement liens

Question 2

Restraints on Homestead Devise

Answer 2

ONLY APPLIES TO SOLELY OWNED PROPERTY. (cannot own as JT)

1. HS FAILS if survived by a spouse or minor children, spouse gets life estate, children get remainder
2. if no minor children, MUST be to spouse or FAILS, spouse gets life estate, remainder to lineal descendants
3. if not spouse or minors, HS can be given to anyone

Question 3

Waiver of Homestead Protection

Answer 3

Waivers must be accomplished by mortgage, sale, or gift. Prohibits general waiver and requires KIV

Question 4

Random Homestead Rules

Answer 4

1. if HS abandoned, protection is forfeited
2. if HS sold, proceeds are considered to retain HS exemption status if owner has good intent to reinvest in another HS w/reasonable amount of time

Question 5

Unconstitutional Legislation/Statues

Answer 5

1. cannot be vague
2. overbroad
3. reasonably related to a public purpose

Question 6

Vague

Answer 6

average person of reasonable intelligence will understand

Question 7

Overbroad

Answer 7

cannot prohibit constitutionally protected activities

Question 8

Reasonably Related to public purpose

Answer 8

health, safety, morals, welfare

Question 9

Procedural Requirements

Answer 9

If not met, law becomes null and void (SAME)

1. Single Subject
2. Adequate Title
3. Must be Set Out
4. Enabling Clause

Question 10

Single Subject Rule

Answer 10

law may cover one ONE subject and connected manner

Question 11

Adequate Title

Answer 11

subject must be briefly expressed in title

Question 12

Must be Set Out

Answer 12

a law may NOT be amended by reference to title only. Appropriate portions of original text MUST be SET OUT in amending act

Question 13

Enabling Clause

Answer 13

“Be It Enacted by the Legislature of the State of FL”

Question 14

Other unconstitutional provisions

Answer 14

Bill of Attainder, ex post facto, & laws impairing the obligation of contract

Question 15

General Law

Answer 15

Apply uniformly throughout the state even if it currently has limited real applicability

Question 16

General Law of Local Application

Answer 16

Limited to a geographic area established by population, does NOT require notice or referendum

Question 17

General Law that clearly apply to known specific individuals or areas that exclude others

Answer 17

Subject to attack as both an Equal Protection and Improperly enacted Special Law

Question 18

Special Law

Answer 18

Laws that relation to or a are designed to operate on known specific persons or things

Question 19

Special Law Requirements

Answer 19

Cannot be passed UNLESS

1. public notice in a newspaper of general circulation in each affected county
2. approved by referendum vote

Question 20

Access to Courts

Answer 20

The court shall be open to every person for redress of injury, and justice shall be administered without sale, denial, or delay.

Question 21

Access to Court when Legislation Abolishes a cause of action

Answer 21

a reasonable alternative MUST be provided UNLESS:

1. there is a compelling necessity for abolition AND
2. no alternative method of meeting the public necessity can be established

Question 22

Seperation of Powers

Answer 22

FL Constitution directly incorporated separation of powers and forbids ENCROACHMENT

Question 23

Delegation

Answer 23

Legislature cannot delegate the power to make law or fundamental policy

Question 24

Equal Protection

Answer 24

Strict scrutiny applies

1. Race
2. Religion
3. National Origin
4. Physical Disability

Question 25

When does a law pass the Equal Protection test?

Answer 25

law is upheld if it is NECESSARY to achieve a compelling state interest

Question 26

Right to Work

Answer 26

fundamental right and subject to strict scrutiny

Question 27

Due Process

Answer 27

government SHALL NOT take a person’s life, liberty, or property w/o due process of law. (AKA fair trial issues)

Question 28

Substantive Due Process

Answer 28

concerns fundamental rights. must pass SS test. (Ex: right to travel, privacy work, vote, and 1st Amendment)

Question 29

Procedural Due Provess

Answer 29

fair trial, an opportunity to present objection to the proposed action to a FAIR, NEUTRAL decision maker. in FL extends to private organization exercising quasi-public functions (professional orgs).

Question 30

Sunshine Law

Answer 30

right to access public records and meeting of the state and local government. Must be open and public must be given notice. May have some exemptions like public necessity so long as law is no broader than necessary to accomplish the state purpose

Question 31

Right to Privacy

Answer 31

(med treatment, pregnancy, parental rights) every natural person has a right to be let alone and free from gov. intrusion into private life. More protective than Fed right.

Question 32

Finance

Answer 32

State must be self-sufficient. State CANNOT borrow money for ORDINARY OPERATING EXPENSES. May borrow for capital improvements like buildings, bridges, roads.

Question 33

How does the state borrow funds?

Answer 33

Revenue Bonds or General Obligation Bonds

Question 34

Revenue Bonds

Answer 34

not backed by taxes, payable solely on proceeds from project.

1. NO REFERENDUM REQUIRED.
2. MUST have a public purpose

Question 35

General Obligation Bonds

Answer 35

issued by state to finance capital projects that satisfy public purpose requirement. Taxing power of state is used to fund, must have constitutional and statutory authority to issue bonds.

1. Referendum Required
2. Bonds payable from ad valorem taxes that mature more than 12 months after issuance

Question 36

Ad valorem Taxes

Answer 36

property taxes

Question 37

Ad Valorem Local Gov. Taxes

Answer 37

may levy ad valorem taxes on real estate or tangible property

Question 38

Ad Valorem State Gov. Taxes

Answer 38

may tax intangible property like notes, bonds, and other obligations for payment of money. CANNOT exceed 2 mills.

Question 39

Ad Valorem taxes DO NOT apply to

Answer 39

motor vehicles, boats, trailers, trailer coached, or mobile homes. (licenses are okay)

Question 40

Assessment of Fees

Answer 40

local governments may supplement revenue through the assessment of fees against users of gov facilities. Fees are not taxes, no need for enabling clause

Question 41

Restrictions of Amount and Use of Fees

Answer 41

1. amount must be pegged to the per capita cost of the facility
2. use of fee must be applied toward the facility

Question 42

Eminent Domain

Answer 42

FL has sovereign power to take private property for public purpose upon reasonable necessity and FULL COMPENSATION

Question 43

Taking Issues

Answer 43

1. Question of law for a judge

2. NOT entitled to a jury

Question 44

Amendments to FL Constitution

Answer 44

any changes must be approved by a vote of at least 60% of the people voting on the measure. MUST BE LIMITED TO A SINGLE SUBJECT

Question 45

Impairment of Obligation of Contracts

Answer 45

cannot retroactively impair Ks in US and FL

Question 46

How do you know if law substantially impairs rights under existing contract?

Answer 46

law is valid if:

1. serves and important and legitimate gov interest AND
2. reasonably and narrowly tailored means of promoting the interest

Question 47

If state is not a part to the K

Answer 47

balancing test to the deree where the party’s contract rights are statutorily impaired against the evil that the gov is attempting to remedy