FL Con Law Flashcards
Homestead Exemption
property is subject to forced sale for (1) taxes and assessments (2) mortgage OR (3) mechanic’s or improvement liens
Restraints on Homestead Devise
ONLY APPLIES TO SOLELY OWNED PROPERTY. (cannot own as JT)
- HS FAILS if survived by a spouse or minor children, spouse gets life estate, children get remainder
- if no minor children, MUST be to spouse or FAILS, spouse gets life estate, remainder to lineal descendants
- if not spouse or minors, HS can be given to anyone
Waiver of Homestead Protection
Waivers must be accomplished by mortgage, sale, or gift. Prohibits general waiver and requires KIV
Random Homestead Rules
- if HS abandoned, protection is forfeited
- 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
Unconstitutional Legislation/Statues
- cannot be vague
- overbroad
- reasonably related to a public purpose
Vague
average person of reasonable intelligence will understand
Overbroad
cannot prohibit constitutionally protected activities
Reasonably Related to public purpose
health, safety, morals, welfare
Procedural Requirements
If not met, law becomes null and void (SAME)
- Single Subject
- Adequate Title
- Must be Set Out
- Enabling Clause
Single Subject Rule
law may cover one ONE subject and connected manner
Adequate Title
subject must be briefly expressed in title
Must be Set Out
a law may NOT be amended by reference to title only. Appropriate portions of original text MUST be SET OUT in amending act
Enabling Clause
“Be It Enacted by the Legislature of the State of FL”
Other unconstitutional provisions
Bill of Attainder, ex post facto, & laws impairing the obligation of contract
General Law
Apply uniformly throughout the state even if it currently has limited real applicability
General Law of Local Application
Limited to a geographic area established by population, does NOT require notice or referendum
General Law that clearly apply to known specific individuals or areas that exclude others
Subject to attack as both an Equal Protection and Improperly enacted Special Law
Special Law
Laws that relation to or a are designed to operate on known specific persons or things
Special Law Requirements
Cannot be passed UNLESS
- public notice in a newspaper of general circulation in each affected county
- approved by referendum vote
Access to Courts
The court shall be open to every person for redress of injury, and justice shall be administered without sale, denial, or delay.
Access to Court when Legislation Abolishes a cause of action
a reasonable alternative MUST be provided UNLESS:
- there is a compelling necessity for abolition AND
- no alternative method of meeting the public necessity can be established
Seperation of Powers
FL Constitution directly incorporated separation of powers and forbids ENCROACHMENT
Delegation
Legislature cannot delegate the power to make law or fundamental policy
Equal Protection
Strict scrutiny applies
- Race
- Religion
- National Origin
- Physical Disability
When does a law pass the Equal Protection test?
law is upheld if it is NECESSARY to achieve a compelling state interest
Right to Work
fundamental right and subject to strict scrutiny
Due Process
government SHALL NOT take a person’s life, liberty, or property w/o due process of law. (AKA fair trial issues)
Substantive Due Process
concerns fundamental rights. must pass SS test. (Ex: right to travel, privacy work, vote, and 1st Amendment)
Procedural Due Provess
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).
Sunshine Law
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
Right to Privacy
(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.
Finance
State must be self-sufficient. State CANNOT borrow money for ORDINARY OPERATING EXPENSES. May borrow for capital improvements like buildings, bridges, roads.
How does the state borrow funds?
Revenue Bonds or General Obligation Bonds
Revenue Bonds
not backed by taxes, payable solely on proceeds from project.
- NO REFERENDUM REQUIRED.
- MUST have a public purpose
General Obligation Bonds
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.
- Referendum Required
- Bonds payable from ad valorem taxes that mature more than 12 months after issuance
Ad valorem Taxes
property taxes
Ad Valorem Local Gov. Taxes
may levy ad valorem taxes on real estate or tangible property
Ad Valorem State Gov. Taxes
may tax intangible property like notes, bonds, and other obligations for payment of money. CANNOT exceed 2 mills.
Ad Valorem taxes DO NOT apply to
motor vehicles, boats, trailers, trailer coached, or mobile homes. (licenses are okay)
Assessment of Fees
local governments may supplement revenue through the assessment of fees against users of gov facilities. Fees are not taxes, no need for enabling clause
Restrictions of Amount and Use of Fees
- amount must be pegged to the per capita cost of the facility
- use of fee must be applied toward the facility
Eminent Domain
FL has sovereign power to take private property for public purpose upon reasonable necessity and FULL COMPENSATION
Taking Issues
- Question of law for a judge
2. NOT entitled to a jury
Amendments to FL Constitution
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
Impairment of Obligation of Contracts
cannot retroactively impair Ks in US and FL
How do you know if law substantially impairs rights under existing contract?
law is valid if:
- serves and important and legitimate gov interest AND
- reasonably and narrowly tailored means of promoting the interest
If state is not a part to the K
balancing test to the deree where the party’s contract rights are statutorily impaired against the evil that the gov is attempting to remedy
