FL CON LAW Flashcards
FL CON LAW
1
Q
Declaration of Rights (DOR)
A
DOR -> Art. 1 -> FL Constitution -> Protects -> The Exercise of Individual Rights.
The DOR gives MORE Protection of Indiv. Rts. the Bill of Rights/U.S. Constitution.
2
Q
Equal Protection of the Law
A
DOR ensures Equal Protection just like the EPC14th/DPC5th
-Legal Analysis is Identical
3
Q
When a Statute/Ordinance operates to the disadvantage of a suspect class or impairs the exercise of a fundamental right, what level of scrutiny is used in FL?
A
Strict Scrutiny -> To be upheld the law must have a:
- compelling gov’t interest
- means must be necessary
- narrowly tailored
4
Q
When does the Equal Protection Provision of the DOR apply?
A
EP Provision of the DOR applies when there is STATE ACTION (gov’t action)
5
Q
Does Private Discrimination in FL trigger the EP Provision of the DOR?
A
NO.
- EP provisions of the DOR, are not triggered/implicated when the discrimination is the result of private action.
6
Q
What does the FL DOR classify as a Suspect class?
A
RACE
ETHNICITY (NATIONAL ORIGIN)
RELIGION
PHYSICAL DISABILITY
7
Q
What level of scrutiny is used for AGE?
A
In FL just as in Federal Law AGE is NOT a suspect class thus, Rational Review applies
8
Q
What are the enumerated Fundamental Rights in the DOR
A
The rights to: (i) enjoy and defend life and liberty, (ii) pursue happiness, (iii) be rewarded for industry, and (iv) acquire, possess, and protect property - Religious Freedom - Freedom of Speech and the Press - Right to Assemble Right to Work Right to Bear Arms Due Process Search and Seizure Habeas Corpus Pretrial Detention Prosecution for Crime Rights of the Accused and Victims of Crime Excessive Punishments Access to the Courts/Trial by Jury Right to Privacy Access to Public Records and Meetings Taxpayer's Bill of Rights Limitation on Attorney's Feed in Medical Liability Cases Marriage
9
Q
Religious Freedom right in the DOR
A
DOR provides that there must be no law respecting the establishment of religion or prohibiting or penalizing the free exercise thereof
- Like the 1st Amend. Establishment Clause/Free Exercise Clause
10
Q
Does the DOR provide for limitation on Religious Freedom?
A
The DOR states that Religious Freedom shall not justify practices inconsistent with public morals, peace, safety, or convenience. If any of those are invaded then Reasonable Limitations are allowed.
The government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person is in furtherance of a compelling governmental interest (differs from Fed.)
11
Q
Can FL give revenue to aid Religious Freedom?
A
NO, the Florida Constitution provides that:
- no revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution. Fla. Const. art. I, § 3.
12
Q
How is Jurisdiction determined by the Court when there is a dispute allegedly implicating the Free Exercise Clause/Establishment Clause?
A
The Court must determine:
(i) whether the dispute is an ecclesiastical one about discipline, faith, or internal organization;
(ii) whether it concerns an ecclesiastical rule (of or relating a church), custom, or law; or
(iii) whether the case is one in which the courts should hold a religious organization liable for purely secular disputes between third parties and a particular defendant, albeit a religiously affiliated organization.
13
Q
Who has standing to challenge the Establishment Clause?
A
FL Taxpayers
- a taxpayer has standing to challenge government spending on the grounds that it violates the Establishment Clause
14
Q
Who has standing to challenge Legislation?
A
FL Taxpayers
- Florida courts grant taxpayers standing to challenge legislation.
15
Q
Freedom of Speech and of the Press
A
DOR provides that every person may:
speak,
write, and
publish sentiments on all subjects
but must be responsible for the abuse of that right.
No law may be passed to restrain or abridge the liberty of speech or the press.
- The scope of the DOR protection of freedom of speech is the same as required under the 1st Amendment.
16
Q
How does the Right to Freedom of Speech and of the Press in the DOR compare to the 1st Amendment?
A
Compared to the 1st Amendment - the DOR is AT LEAST AS BROAD, or even BROADER in terms of Protection (meaning the DOR provides possibly more protections)
17
Q
What type of right is Freedom of the Press?
A
Freedom of the Press is a PERSONAL RIGHT (not a property right)
18
Q
Imposing Prior Restraints?
A
Local governments may impose a prior restraint in the form of a PERMIT REQUIREMENT for those wishing to hold a march, parade, or rally.
19
Q
Permissible Prior Restraints?
A
- Permit Requirement
- Permit Fees (NOMINAL FEE - less than $1000)
- Requiring one to obtain INSURANCE before engaging in speech
BUT Failure to provide an alternative means to the insurance requirement is unconstitutional.
20
Q
Right to Assemble
A
The DOR provides:
- the people MUST have
1. the right to assemble PEACEABLY,
2. the right to instruct their representatives, and
3. the right to petition for redress of grievances. Fla. Const. art. I, § 5.
21
Q
Right to Work
A
The DOR grants persons the right to work regardless of whether they are members of a labor union.
FL IS A RIGHT TO WORK STATE:
- As a right-to-work state,
Florida PROHIBITS an agreement between a labor union and an employer that requires the employer to hire only union members. Fla. Const. art. I, § 6.
22
Q
Right to Bear Arms
A
The DOR provides that the right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state must not be infringed,
- except that the manner of bearing arms may be regulated by law.
23
Q
Right to Due Process
A
The DOR states that no person must 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.
Fla. Const. art. I, § 9. (Like the 5th Amendment)
24
Q
Search and Seizure
A
Florida must follow the federal standards for search and seizure. Fla. Const. art. I, § 12.
Same as the 4th Amend. in the US Constitution
25
Is the Right to Assemble an ABSOLUTE RIGHT?
NO
- The constitutional guarantee of freedom of assembly is not absolute and is subject to reasonable police regulations in the public interest.
26
Does the DOR allow employees the right to collectively bargain through unions/to stroke if need be?
The DOR also recognizes the RIGHT of employees to collective bargain by and through a labor union.
- This right is FUNDAMENTAL;
- efforts to undermine that right are subject to strict scrutiny.
AND
The DOR also denies public workers the right to strike.
27
Does the DOR impose limitations when purchasing handguns?
The DOR REQUIRES
- a mandatory period of 3 DAYS, excluding weekends and legal holidays,
between the purchase and delivery at retail of any handgun.
Exceptions to the 3 DAY WAITING PERIOD:
- holders of a concealed weapons permit; or
- trade-in of another handgun. (Fla. Const. art. I, § 8; Fla. Stat. § 790.0655.)
28
How does FL define Due Process?
The term “due process” embodies a fundamental conception of fairness.
Florida courts have described it as
- a course of legal proceedings in accordance with those rules and principles established by law for the protection and enforcement of private rights.
- due process is a general principle of law that prohibits the government from obtaining criminal convictions brought by methods that offend a sense of justice.
Due process encompasses both substantive and procedural due process.
29
Procedural Due Process under the FL Constitution
Guarantees every citizen the right to have a course of legal procedure established in Florida’s judicial system for the protection and enforcement of private rights.
Protects and Individual's right to FAIR PROCEEDINGS
- including:
- proceedings in conformance with FLProcedure
- and
- a guarantee that judgement will be rendered ONLY after consideration of issues resented by adverse parties
**Like the Federal - PDP- Notice and Hearing**
30
Substantive Due Process under the FL Constitution
Rights that are IMPLICIT in the concept of ORDERED LIBERTY.
- if FL passes a law that infringes on a fundamental right
- The law will only be upheld if it can pass the Strict Scrutiny Analysis
then courts will review the law under a strict scrutiny test and uphold it only when it is narrowly tailored to serve a compelling state interest.
SDP - prevents the government from engaging in conduct that shocks the conscience or interferes with fundamental rights; that is, rights that are implicit in the concept of ordered liberty.
The fundamental rights that are protected from encroachment by the government as part of the constitutional guarantee of substantive due process are those rights flowing from either the U.S. Constitution or the Florida Constitution.
31
Writ of Habeas Corpus
WRIT OF HABEAS CORPUS
-a right that must be freely grantable (given), without cost, or delay
and it MUST NEVER BE SUSPENDED,
unless
- suspension is essential to public safety in the case of
rebellion or invasion (rare)
Fla. Const. art. I, § 13.
32
Pretrial Detention
EVERY PERSON
- charged with a CRIME/VIOLATION/ORDINANCE
MUST be entitled to PRETRIAL RELEASE on reasonable conditions,
unless
(i) charged with a capital offense or an offense punishable by life imprisonment,
and
(ii) the proof of guilt is evident or the presumption is great.
Nevertheless, the accused may be DETAINED if conditions of the release cannot
- reasonably protect the community from further injury,
- assure the presence of the accused at trial, or
- assure the integrity of the judicial process.
(i.e. - witness tampering or fleeing)
Fla. Const. art. I, §14.
33
Prosecution for Crime
The DOR grants some protection for persons being prosecuted for a crime:
i) No person must be tried for a CAPITAL CRIME
WITHOUT
PRESENTMENT or INDICTMENT by a GRAND JURY,
or
for ANOTHER FELONY without such presentment or indictment or an information under oath filed by the prosecuting officer of the court,
except persons on active duty in the militia when tried by court martial
Fla. Const. art. I, § 15.
34
Rights of the Accused and Victims of Crime - Rights of Defendants
Rights of the Accused
Rights of Defendants
Upon demand, the defendant must be informed of
- the nature and cause of the accusation;
- be furnished a copy of the charges; and
- have the rights to have compulsory process for witnesses,
- to confront adverse witnesses at trial,
- to be heard in person, by counsel or both,
- and to have a speedy and public trial by impartial jury in the county where the crime was committed.
Fla. Const. art. I, § 16.
35
Excessive Punishments
The DOR PROHIBITS:
- excessive fines,
- cruel and unusual punishment,
- bills of attainder,
- forfeiture of estate,
- indefinite imprisonment, and
- unreasonable detention of witnesses.
No administrative agency, except the Department of Military Affairs in an appropriately convened court martial, may impose a sentence of imprisonment.
The prohibition against cruel and unusual punishment is to be construed in conformity with decisions of the United States Supreme Court that interpret the prohibition against cruel and unusual punishment provided in the Eighth Amendment to the U.S. Constitution.
36
Access to the Courts
The courts are OPEN to EVERY PERSON for
- redress of any injury, and
justice must be administered without
- sale, denial, or delay.
Fla. Const. art. I, § 21.
37
Right to Privacy
Florida’s right to privacy is BROADER IN SCOPE than the right of privacy implied under the federal constitution. (FL protects more then the Fed. in the right to Privacy)
The DOR specifically provides a right to privacy; that is, the right to be left alone and free from governmental intrusion into a person’s private life.
Fla. Const. art. I, § 23.
Specific rights classified under the fundamental right of privacy in Florida include:
- ABORTION
- LIBERTY INTEREST IN PARENTING (i.e. a parents right to implement a curfew for their child - not the city)
The Florida Supreme Court has specifically held that the fundamental right of privacy guaranteed by the Florida Constitution extends to minors.
**The Florida Constitution grants the right to privacy, and all challenges are subject to strict scrutiny**
38
Access to Public Records and Meetings
Pursuant to the Florida Constitution,
every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state.
This includes the legislative, executive, and judicial branches of government; counties, municipalities, and districts; and each constitutional officer, board, and commission.
Fla. Const. art. I, § 24(a). This right is also codified by the Florida Public Records Law. See Fla. Stat. § 119.07.
The meetings of any public decision-making body (e.g., collegial public body of any branch of state government) at which official acts are to be taken or at which public business is discussed, as well as any meetings of the legislature, shall be open and noticed to the public. Fla. Const. art. I, § 24(b). This right is also codified by the Florida Sunshine Law. See Fla. Stat. § 286.011.
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. Fla. Stat. § 286.011(1).
Case law interpreting the Sunshine Law interprets “meeting” 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. See, e.g., Miami Beach v. Berns, 245 So. 2d 38 (Fla. 1971).
39
Taxpayer's Bill of Rights
The DOR requires the Florida legislature to prescribe a Taxpayer’s Bill of Rights, which the legislature has done.
Fla. Const. art. I, § 25.
40
Limitation on Attorney's Fees in Medical Liability Cases
In any medical liability claim involving a CONTINGENCY FEE,
- the claimant MUST RECEIVE
- NO LESS THAN
70% of the first $250,000 in all damages received by the claimant,
exclusive of reasonable and customary costs.
The claimant is entitled to 90% of all damages in excess of $250,000
exclusive of reasonable and customary costs.
Fla. Const. art. I, § 26.
41
Marriage
Florida define's marriage as the legal union of only one man and one woman as husband and wife, but same-sex couples may now marry in all states.
In addition, all states and the federal government must recognize a same-sex marriage legally entered into in another state.
Marriage is a “fundamental right.” Consequently, any state regulation must withstand strict scrutiny by showing the law must be
necessary to promote a
compelling governmental interest and
must be narrowly tailored to advance that interest
42
Right to Petition Government
The right to petition has been extended to ALL DEPARTMENTS OF THE GOVERNMENT.
- The presentation of a complaint to the government concerning its conduct is central to the right to petition that government for the redress of grievances against it.
43
Pretrial Release
EVERY PERSON
- charged with a CRIME/VIOLATION/ORDINANCE
MUST be entitled to PRETRIAL RELEASE on reasonable conditions
unless
(i) charged with a capital offense or an offense punishable by life imprisonment,
and
(ii) the proof of guilt is evident or the presumption is great.
Nevertheless, the accused may be DETAINED if conditions of the release cannot
- reasonably protect the community from further injury,
- assure the presence of the accused at trial, or
- assure the integrity of the judicial process.
(i. e. - witness tampering or fleeing)
44
Rights of the Accused and Victims of Crime - Victims’ Rights
Victims’ Rights
Victims of crime or their lawful representatives, including the next of kin of homicide victims,
are entitled to the right to be:
- informed,
- to be present, and
- to be heard when relevant,
at all crucial stages of criminal proceedings,
to the extent that these rights do not interfere with the constitutional rights of the accused.
(i.e. when it might prejudice a jury)
Fla. Const. art. I, § 16.
45
What power does the Federal Government give to the States?
Any powers not specifically granted to the federal branches of government are left to the several states.
Among the authority vested in state governments is the “POLICE POWER”(10th Amendment)
—the ability of the states to regulate for the benefit of their citizens.
Florida’s state constitution is intended as a guide for the state’s exercise of its police power to, according to its preamble, “insure domestic tranquility, maintain public order, and guarantee equal civil and political rights to all.”
The Florida Constitution guarantees the separation and equality of the three branches of government.
46
Offenses Committed by Children
The DOR grants some protection for offenses committed by children:
When authorized by law,
- a child (under the age of 18) may be charged with a violation of law as an act of delinquency instead of crime
and tried without a jury or other requirements applicable to criminal cases.
A child MUST be tried as an adult upon request of the CHILD or the STATE.
Fla. Const. art. I, § 15.
47
What is a Bill of Attainder?
A bill of attainder is
- a legislative act referring to persons by name or clear inference in such a way as to
inflict punishment on them without judicial trial.
This would subject an individual to punishment without the opportunity to have a trial and is considered an excessive punishment and prohibited by the DOR.
48
Is the Death Penalty an excessive punishment in FL?
YES to some and NO to some
DP not allowed for:
- a defendant under the age of 17 or
- a defendant who is mentally challenged.
The death penalty is authorized in Florida and not excessive for those over 17 and not mentally challenged.
In any case in which an execution method is declared invalid, the death sentence remains in force until the sentence can be lawfully executed by a valid method.
Fla. Const. art. I, § 17.
49
Trial by Jury
ALL CITIZENS have an ABSOLUTE RIGHT to a jury trial consisting of:
- at least six jurors, or
- 12 jurors in capital cases.
The exceptions to this right are actions in equity, civil commitment, or eminent domain.
** Challenges to this right are subject to strict scrutiny**
50
Can Access to the Courts be limited by the Legislature?
The right to access MAY be limited if the legislature provides (only 2 Permissible ways)
1. A REASONABLE ALTERNATIVE to protect the rights of the people of the State to redress for injuries
or
2. if the legislature can show that there is an “OVERPOWERING PUBLIC NECESSITY” for the abolishment of the cause of action
and
no alternative method of meeting the public necessity is available.
51
Can FL limit the right to an Abortion?
The right to an abortion may be limited only if the regulation passes the STRICT SCRUTINY ANALYSIS
- (For Fed. Abortion Analysis the Undue Burden Test is used under the DPC of the 5th)
Even if the regulation is held invalid
- by failing Strict Scrutiny
the state is not required to pay for abortions.
FL MAY regulate a woman’s right to an abortion
- when the fetus is viable.
In other words, the state has a compelling interest in protecting the life of a viable fetus that, by definition, can live outside the womb - thus passing the Strict Scrutiny Analysis
Notwithstanding a minor’s right of privacy,
the legislature is authorized to require
that parents or guardians of minor children be
- notified before the minor terminates the pregnancy,
as long as a process exists for the minor to obtain judicial waiver of the notification.
Fla. Const. art. X, § 22.
**The Florida Constitution grants the right to privacy, and all challenges are subject to strict scrutiny**
52
Are juvenile curfews a violation of the parent's Right to Privacy in FL?
Florida case law has repeatedly held that
juvenile curfews implicate fundamental parenting rights as well as the fundamental privacy and movement rights of minors,
and are therefore subject to strict scrutiny.
(holding that "strict scrutiny applies to juvenile curfew ordinances").
**The Florida Constitution grants the right to privacy, and all challenges are subject to strict scrutiny**
53
When may the Legislature exempt records or meetings?
Legislature MAY exempt records or meetings if law states WITH SPECIFICITY:
(i) REASON FOR THE EXEMPTION - specifically state the public necessity justifying the exemption,
and
(ii) IF THE EXEMPTION IS NO BROADER THAN NECESSARY to accomplish the stated purpose of the law.
Fla. Const. art. I, § 24(c).
54
Composition and Members of the Legislature of FL
The legislature of the State of Florida consists of
- A SENATE - composed of 1 SENATOR ELECTED from each senatorial district
and
- A HOUSE OF REPRESENTATIVES - composed of 1 MEMBER ELECTED from each representative district.
Fla. Const. art. III, § 1.
55
Terms and Qualifications for Senators
Senator Terms
—Elected for 4 YEAR TERMS
—those from ODD DISTRICTS
in the years the numbers of which are multiples of 4
—and those from EVEN DISTRICTS
in even-numbered years the numbers of which are NOT multiples of 4.
At the election following a reapportionment, some senators are elected for terms of two years when necessary to maintain staggered terms.
Fla. Const. art. III, § 15(a).
Senator Qualifications
—At least 21 YEARS OLD
—US Citizen
—Legal, permanent resident of Florida,
—A registered voter of the district from which elected.
Fla. Const. art. III, § 15(b), art. VI., § 2; Fla. Stat. § 97.041.
SENATORS ARE LIMITED TO 8 CONSECUTIVE YEARS
—but there is no limit on the maximum number of years that a person may serve during that person’s lifetime. **Vacancies in legislative office must be filled only by election, not by appointment**
56
Regular Sessions
On the 14th DAY
— following each general election,
the legislature convenes for the
EXCLUSIVE PURPOSE of organization and selection of officers.
REGULAR SESSION - MARCH - 1ST TUESDAY - AFTER 1ST MONDAY - On Both ODD/EVEN # YEARS
REGULAR SESSION CANNOT EXCEED 60 CONSECUTIVE DAYS
Fla. Const. art. III, § 3(b), (d).
57
Special Sessions
1. The GOVERNOR
— by proclamation stating the purpose,
may convene the legislature in special session during which
only such legislative business may be transacted as is within the purview of the proclamation,
or of a communication from the governor, or
is introduced by consent of 2/3 of the membership of each house.
2. The President of the Senate and the Speaker of the House of Representatives,
by joint proclamation duly filed with the Department of State,
may convene the legislature in special session
3. When 20% of the members of the legislature file with the Department of State their certificates that conditions warrant the convening of a special session. The Department of State must then poll the members of the legislature and fix the day of such special session, upon the affirmative vote of 3/5 of the members of both houses.
**SPECIAL SESSION SHALL NOT EXCEED 20 CONSECUTIVE DAYS**
UNLESS
extended beyond such limit by a 3/5 vote of EACH HOUSE.
58
Quorum and Procedure of the Legislature
A MAJORITY of the membership of each house constitutes a quorum.
Sessions of each house must be public,
- and each house must keep and publish a journal of its proceedings.
All prearranged gatherings between more than two members of the legislature, or between the governor, the president of the senate, or the speaker of the house of representatives, to agree on the current or subsequent taking of formal legislative action regarding pending legislation or amendments MUST BE reasonably open to the public.
Each house may punish a member for contempt or disorderly conduct and may, by a two?thirds vote of its membership, expel a member. Fla. Const. art. III, § 4.
59
Investigations
EACH HOUSE - when in Session,
- may compel the attendance of witnesses and production of documents and other evidence related to any matter under investigation before it or any of its committees.
```
Any person who is:
- NOT a legislative member and
- has been guilty of disorderly or contemptuous conduct, has refused to obey a lawful summons, or has refused to answer lawful questions
- may be punished by
1. a fine not exceeding $1,000,
2. 90 DAY imprisonment,
or both.
```
When the legislature is not in session, committees may be delegated by law the above powers
**EXCEPT FOR THE POWER TO PUNISH**
Fla. Const. art. III, § 5.
60
Legislative Bills
ANY BILL MAY ORIGINATE IN EITHER HOUSE
- and after passage in one
- it may be amended in the other.
It must be read in EACH HOUSE on 3 SEPARATE DAYS,
unless this rule is waived by 2/3 vote.
PASSAGE OF A BILL requires a MAJORITY VOTE in EACH HOUSE.
Each bill and joint resolution passed in both houses MUST BE:
1. signed by the presiding officers of the respective houses and
2. signed by the secretary of the senate and
3. signed by the clerk of the house of representatives
during the session or as soon as practicable after its adjournment.
Fla. Const. art. III, § 7.
61
Executive Signature or Veto
Every bill passed by the legislature:
MUSTBE PRESENTED TO THE GOVERNOR FOR APPROVAL
and
will become law if the governor:
1. SIGNS IT; or
2. FAILS TO VETO IT
- within 7 consecutive days after presentation.
```
If during that period/on 7th day
- the legislature adjourns sine die (for an indefinite period)/takes a recess of more than 30 days,
The Governor has:
- 15 CONSECUTIVE DAYS
from the date of presentation
to act on the bill.
```
* *In all cases except general appropriation bills, the veto extends to the entire bill**
* *May veto ANY SPECIFIC APPROPRIATION in a General Appropriation Bill**
Following veto, the Governor MUST transmit signed objections to the House where the Bill originated
- 2/3 vote in EACH HOUSE to:
REENACT
- Bill becomes law, veto notwithstanding
Each law (including those reinstated after veto) will take effect on the 60th after the session of the legislature that enacted the law adjourns, or as otherwise provided in the law.
Fla. Const. art. III, §§ 8, 9.
62
General Law
A “general law” applies UNIVERSALLY throughout the state.
(uniformly upon subjects as they may exist throughout the state, uniformly within permissible classifications, or relating to a state function or instrumentality)
63
Special Law (SL)
A “special law” is one relating to or designated to operate in a
1. SPECIFICS PART OF THE STATE, or upon
2. PARTICULAR PERSONS OR THINGS
**EXAM NOTE: If a question appears to be about a general law of local application because you see a range of population numbers (e.g., 50,000–100,000), do not automatically assume general law of local application. If the question fixes a point in time for the general law of local application, then it will likely be a special law**
64
General Law of Local Application (GLLA)
A “general law of local application” is a law that uses
- a classification scheme,
based on population numbers or some other criteria,
so that its application is restricted to particular localities.
**EXAM NOTE: If a question appears to be about a general law of local application because you see a range of population numbers (e.g., 50,000–100,000), do not automatically assume general law of local application. If the question fixes a point in time for the general law of local application, then it will likely be a special law**
65
Prohibited Laws
In Florida, “special laws(SL)” and “general laws of local application(GLLA)” are prohibited by the constitution if they pertain to:
i) Election, jurisdiction, or duties of officers, except officers of municipalities, chartered counties, special districts, or local governmental agencies;***
ii) Assessment or collection of taxes for state or county purposes, including extension of time, relief of tax officers from due performance of their duties, and relief of their sureties from liability;
iii) Rules of evidence in any court;***
iv) Punishment for crime;***
v) Petit juries, including compensation of jurors, except for the establishment of jury commissions;
vi) Change of civil or criminal venue;
vii) Conditions precedent to bringing any civil or criminal proceedings, or limitations of time;
viii) Refund of money legally paid or remission of fines, penalties, or forfeitures;
ix) Creation, enforcement, extension or impairment of liens based on private contracts, or fixing of interest rates on private contracts;
x) Disposal of public property, including any interest therein, for private purposes;
xi) Vacation of roads;
xii) Private incorporation or grant of privilege to a private corporation;
xiii) Effectuation of invalid deeds, wills or other instruments, or change in the law of descent;***
xiv) Change of name of any person;
xv) Divorce;***
xvi) Legitimation or adoption of persons;***
xvii) Relief of minors from legal disabilities;
xviii) Transfer of any property interest of persons under legal disabilities or of estates of decedents;
xix) Hunting or freshwater fishing;
xx) Regulation of occupations that are regulated by a state agency; and
xxi) Any other subject when prohibited by a general law passed by a 3/5 vote of the membership of each house; although such law may be amended or repealed by like vote.
Fla. Const. art. III, § 11.
66
Appropriation Bills
Laws making appropriations for salaries of public officers and other current expenses of the state must not contain provisions on any other subject.
Fla. Const. art. III, § 12.
67
Apportionment by the Legislature
The map of the districts for the house and senate are changed every 10 YEARS.
- The legislature MUST apportion the state into
no less than 30 and no more than 40 SENATE DISTRICTS,
and
no less than 80 and no more than 120 REPRESENTATIVE DISTRICTS.
Special Apportionment Session - Governor reconvenes Legislature - IF - prior session adjourned without adopting apportionment resolution; session CANNOT exceed 30 DAYS
68
Terms and Qualifications for Representatives
Representatives
Members of the House of Representatives are
— ELECTED FOR 2 YEAR TERMS
— IN EACH EVEN # YEAR
Representative Qualifications
—At least 21 YEARS OLD
—US Citizen
—Legal, permanent resident of Florida,
—A registered voter of the district from which elected.
Fla. Const. art. III, § 15(b), art. VI., § 2; Fla. Stat. § 97.041.
REPRESENTATIVES ARE LIMITED TO 8 CONSECUTIVE YEARS
—but there is no limit on the maximum number of years that a person may serve during that person’s lifetime. **Vacancies in legislative office must be filled only by election, not by appointment**
69
Legislative Laws
EVERY LAW
- may embrace ONLY 1 SUBJECT,
and the subject MUST BE briefly expressed in the title.
The enacting clause of every law must read:
"Be It Enacted by the Legislature of the State of Florida:"
Fla. Const. art. III, § 6.
* *Remember that the Florida Constitution prohibits more than one subject being enacted within a piece of legislation**
* *The law cannot be vague or overbroad, and it must be reasonably related to the public welfare. This rule is to promote unambiguous language and fair notice to the public**
70
Who can enact a Special Law?
A Special Law can be enacted by:
1. The Legislature (notice is required - in a paper of general circulation)
or
2. The people in the geographic location in question by voting on the law via referendum. (notice not required)
**The legislature may not convert a special law into a general law simply because it treats it as such**
71
Failure of Legislature to Apportion
After the SPECIAL APPORTIONMENT SESSION is held and theres no resolution,
the ATTORNEY GENERAL MUST,
- within 5 DAYS,
petition the FL Supreme Court to make such apportionment.
**FL Sup.Ct. MUST make such apportionment NO LATER THAN the 60th DAY after the filing the petition**
72
Judicial Invalidation of Apportionment
Supreme Court CAN INVALIDATE apportionment by Legislature
- Supreme Court can then,
Make own decision regarding apportionment
- no later than 60 DAYS AFTER receiving the petition of the attorney general,
- then file with the custodian of state records an order making such apportionment.
Fla. Const. art. III, § 16.
73
Governor of FL
Governor
—Supreme executive power
— Commander-in-chief of all military forces of the state not in active service of the United States.
The governor MUST ENSURE that the laws are
—Faithfully Executed,
— Commission all officers of the state and counties, and
— Transact all necessary business with the officers of government.
74
Lieutenant Governor (LG)
The LG:
1. Performs the duties assigned by the governor
2. Prescribed by law pertaining to the office of governor.
The LG becomes Gov. when
— There is a vacancy in the office of the governor for the remainder of the term.
— During impeachment proceedings and until completion of the trial or during the governor’s physical or mental incapacity (LG is "acting" Gov.)
**The LG is the ONLY person in the state who is allowed to hold a second office simultaneously**
Fla. Const. art. IV, §§ 2–3.
75
Who makes up the Cabinet?
The cabinet is composed of:
- an Attorney General,
- a Chief Financial Officer, and
- a Commissioner of Agriculture.
76
Attorney General
The AG is the CHIEF STATE LEGAL OFFICER
- the STATEWIDE PROSECUTOR is within the office of the AG
- The statewide prosecutor has concurrent jurisdiction with the state attorney to prosecute violations of criminal laws occurring/have occurred in 2 OR MORE JURISDICTIONS
77
Chief Financial Officer
The chief financial officer serves as the chief fiscal officer of the state.
The CFO settles and approves accounts against the state, and keeps all state funds and securities.
78
Commissioner of Agriculture
The commissioner of agriculture has supervision of matters pertaining to agriculture
79
Other cabinet duties
The Gov. - serving as chair, with CFO and AG - constitute the state board of administration.
The Gov. - serving as chair, with CFO, AG, and CA constitute:
i) TRUSTEES of the internal-improvement trust fund and the land-acquisition trust fund; and
ii) The agency head of the Department of Law Enforcement.
80
Who are the Officer's in the FL Executive Branch?
1. Governor
2. Lieutenant Governor
3. Cabinet
4. Attorney General
5. Chief Financial Officer
6. Commissioner of Agriculture
81
Permissible Powers of the Governor
Among other things, the Governor MAY:
i) REQUIRE INFO IN WRITING from all executive or administrative state, county, or municipal officers upon any subject RELATING TO THEIR DUTIES;
ii) Initiate JUDICIAL PROCEEDINGS in the name of the state against any executive or administrative state, county, or municipal officer to ENFORCE COMPLIANCE with any duty or RESTRAIN ANY UNAUTHORIZED ACT;
iii) REQUEST IN WRITING the OPINIONS of the justices of the supreme court regarding the INTERPRETATION of any portion of this constitution upon any question (limited to questions) affecting the governor’s executive powers and duties;
iv) Call out the militia to preserve the public peace, execute the laws of the state, suppress insurrection, or repel invasion;
v) Address the legislature once in each regular session;
vi) Fill by appointment any vacancy in state or county office for the remainder of the term of an appointive or elective office;
vii) Suspend collection of fines and forfeitures, grant reprieves not exceeding sixty days and, with the approval of two members of the cabinet, grant full or conditional pardons, restore civil rights, commute punishment, and remit fines and forfeitures for offenses; and
viii) In cases of treason, grant reprieves until adjournment of the regular session of the legislature convening after the conviction,
Fla. Const. art. IV, § 1.
82
Composition of the Supreme Court
The Supreme Court consists of:
**7 JUSTICES**
**5 Justices is a Quorum**
**Concurrence of 4 Justices is needed for a decision**
The Chief Justice is chosen by a Majority of the Court
83
Supreme Court has Mandatory Jurisdiction over?
The Supreme Court MUST have mandatory jurisdiction over:
i) TO HEAR APPEALS FROM FINAL JUDGMENTS of TRIAL COURTS IMPOSING THE DEATH PENALTY;
ii) HEAR APPEALS from decisions of DCA declaring INVALID A STATE STATURE/PROVISION OF THE FL CONSTITUTION;
iii) HEAR APPEALS from FINAL JUDGMENTS entered in proceedings for the validation of BONDS OR CERTIFICATES OF INDEBTEDNESS; and
iv) REVIEW ACTIONS of statewide agencies relating to RATES/SERVICE of utilities providing ELECTRIC/GAS/TELEPHONE SERVICE.
84
Supreme Court has DISCRETIONARY Jurisdiction over?
The Supreme Court MAY have DISCRETIONARY jurisdiction over:
i) Review any decision of a DCA that expressly DECLARES VALID a STATE LAW, that expressly affects a class of constitutional or state officers, AND/OR that expressly and directly CONFLICTS with a DECISION of ANOTHER DCA or the supreme court ON THE SAME QUESTION OF LAW;
ii) Review any decision of a DCA that passes upon a QUESTION CERTIFIED by it to be of GREAT PUBLIC IMPORTANCE, or that is CERTIFIED by it to be in DIRECT CONFLICT with ANOTHER DCA DECISION;
iii) Review any order or judgment of a trial court certified by the district court of appeal in which an appeal pending is of great public importance, or will have a great effect on the proper administration of justice throughout the state, and is certified to require immediate resolution by the supreme court;
iv) Review a QUESTION OF LAW CERTIFIED by the U.S. Supreme Court/U.S DCA which is determinative of the cause and for which THERE IS NO CONTROLLING PRECEDENT OF THE SUPREME COURT OF FL;
v) ISSUE WRITS OF PROHIBITION to courts and all writs necessary to the complete exercise of its jurisdiction;
vi) ISSUE WRITS OF MANDAMUS/QUO WARRANTO to state officers and state agencies; and
vii) ISSUE WRITS OF HABEAS CORPUS returnable before the supreme court or any justice, a district court of appeal or any judge thereof, or any circuit judge.
Fla. Const. art. V, § 3.
85
Who has the power to issue rules of practice and procedure of all courts including rules of Evidence?
THE SUPREME COURT has the EXCLUSIVE POWER to adopt all rules of practice and procedure of all courts INCLUDING RULES OF EVIDENCE.
**Rules of court may be repealed by general law enacted by a 2/3 of BOTH HOUSES of the Legis**
Fla. Const. art. V, § 2.
86
Where is the Judicial Power vested?
The Judicial Power is vested in:
- SUPREME COURT,
- DCA- District Courts of Appeal,
- Circuit Courts, and
- County Courts.
**The legislature must divide the state into appellate court districts and judicial circuits following county lines**
(The legislature has created five district courts of appeal. Fla. Stat. § 35.01.)
**The legislature MAY NOT, absent an amendment to the Florida Constitution, alter the appellate jurisdiction of the courts**
Fla. Const. art. V, § 1.
87
Retention and Vacancies of Judges
At the general election BEFORE the EXPIRATION of a SC Justice's or DCA Judge's term:
- VOTERS determine whether the justice/judge should be retained for ANOTHER 6 YEAR TERM
The decision is based on a simple majority.
**If the justice/judge is not retained, the Gov. fills the vacancy by appointment (btwn 3-6 candidate)
Circuit/County court Judges MAY run for reelection in the general election preceding the expiration of their 6 YEAR TERMS.
These elections may be contested and the judge replaced by popular vote.
The constitution provides, however, that if a majority of voters in the jurisdiction of the circuit and county courts apply the merit system for the selection of judges, then the selection/retention process described above for supreme court and district courts of appeal will be in force.
88
Composition of Districts Courts of Appeal (DCA)
There is a DCA serving each appellate district.
**The Legislature has created 5 appellate Districts**
Each DCA MUST consist of AT LEAST 3 JUDGES.
3 JUDGES consider each case and the concurrence of 2 JUDGES is necessary for a decision
89
DCA Jurisdiction
DCA'S have jurisdiction to
1. Hear appeals that may be taken as a MATTER OF RIGHT from FINAL JUDGMENTS OF TRIAL COURTS, including those entered on review of administrative action, not directly appealable to the supreme court or a circuit court.
2. May REVIEW INTERLOCUTORY ORDERS in such cases to the extent provided by rules adopted by the supreme court.
3. The power of DIRECT REVIEW of ADMINISTRATIVE ACTION, as prescribed by general law.
A DCA MAY:
1. Issue WRITS OF HABEAS CORPUS returnable before the court or before any circuit judge within the territorial jurisdiction of the court.
2. Issue WRITS OF MANDAMUS/CERTIORARI/PROHIBITION/QUO WARRANTO, and other writs necessary to the complete exercise of its jurisdiction.
3. EXERCISE APPELLATE JURIS. OF CIRCUIT COURTS to the extent necessary to properly dispose of all issues in a case.
Fla. Const. art. V, § 4.
90
Composition of the Circuit Courts
Circuit Courts
- There are 20 circuit courts,
Each serving a separate judicial circuit.
91
Original Jurisdiction for Circuit Courts
The circuit court has original jurisdiction for
1. The TRIAL of ALL CIVIL ACTIONS that are not vested in the county courts by general law;
2. Actions involving the LEGALITY of any TAX/ASSESSMENT/TOLL toll;
3. EJECTMENT/INJUNCTIONS/ ACTIONS IN EQUITY involving the title or boundaries to real property.
Circuit courts have the power to
1. Issue writs of certiorari
2. Direct review of administrative action,
3. Final orders of lower courts, and
4. Some nonfinal lower-court orders
The circuit courts also have jurisdiction to hear FELONY AND MISDEMEANOR CRIMINAL CASES
92
Composition of County Court
There are 67 county courts -1 in EACH Florida county.
The number of county court judges varies widely (from one to over 40), depending on the county.
93
County Court Exclusive Jurisdiction
The county courts have exclusive original jurisdiction:
- in civil cases in all
(i) actions at law in which the AIC DOES NOT EXCEED $15,000, exclusive of interest, costs, and attorney’s fees,
(ii) actions involving the right of possession of real property that are within the jurisdictional amount of the county court, and
(iii) matters that were previously within the jurisdiction of the county judge’s courts, municipal courts, county courts, small-claims courts, and courts of chartered counties.
94
County Court Concurrent Jurisdiction
The county courts have concurrent jurisdiction with the circuit courts in
(i) actions in equity in which the AIC DOES NOT EXCEED $15,000,
(ii) landlord and tenant cases involving claims within the jurisdictional limit of the county court,
(iii) actions involving the right to possession of real property in which the amount in controversy exceeds the jurisdictional limit of the county court, and
(iv) simplified dissolution of marriage actions.
95
Qualifications and Selection of Judges
Qualification for a Judge are:
(i) an elector of the state,
(ii) residing in the territorial jurisdiction of the court,
(iii) under the age of 70 years old, except upon temporary assignment or to complete a term, one-half of which has been served, and
(iv) a member of the Florida bar for 10 YEARS for the SC/DCA or 5 YEARS for all other courts (except that a county court judge in a county with a population of fewer than 40,000 people need only be a current member of the bar)
96
Selection of Justices and Judges
Justices of the SC and Judges of the DCA are APPOINTED by the GOV. from a list of 3-6 CANDIDATES submitted by the Judicial Nominating Commission.
- Vacancies in the circuit and county courts (whose judges are elected by popular vote) are filled by the governor in the same way.
97
Judicial Qualifications Commission - Removal and Reprimand
The Judicial Qualifications Commission has jurisdiction to INVESTIGATE/RECOMMEND REMOVAL to the Supreme Court of Florida, any justice or judge whose conduct demonstrates a present UNFITNESS to hold office and to investigate and recommend the discipline of a justice or judge whose CONDUCT WARRANTS SUCH DISCIPLINE.
Discipline includes any or all of the following:
- reprimand,
- fine,
- suspension with or without pay, or
- lawyer discipline.
The JQC is composed of
(i) 2 judges of DCA selected by the judges of those courts,
(ii) 2 circuit judges selected by the judges of the circuit courts,
(iii) 2 judges of county courts selected by the judges of those courts,
(iv) 4 electors who reside in the state who are members of the bar of Florida and who shall be chosen by the governing body of the bar of Florida, and
(v) 5 electors who reside in the state who have never held judicial office or been members of the bar of Florida and who shall be appointed by the Governor.
The members of the JQC serve terms not to exceed 6 YEARS
**No member of the commission may hold office in a political party, participate in any campaign for judicial office, or hold public office**
However, a judge may campaign for judicial office and hold that office.
98
Judicial Qualifications Commission - Procedure
The JQC has the power to issue subpoenas.
Until the investigative panel files formal charges against a justice or judge with the clerk of the supreme court:
ALL PROCEEDINGS BY OR BEFORE THE JQC ARE CONFIDENTIAL.
However, upon a finding of PROBABLE CAUSE and the filing by the investigative panel, all further proceedings before the commission are public.
The commission has access to all information from all executive, legislative, and judicial agencies, including grand juries, subject to the rules of the commission.
99
Judicial Qualifications Commission - Sanctions
The SC MAY accept, reject, or modify in whole or in part the findings, conclusions, and recommendations of the commission. It may order that the justice or judge be subjected to appropriate discipline, be removed from office with termination of compensation for willful or persistent failure to perform judicial duties or for other conduct unbecoming a member of the judiciary demonstrating a present unfitness to hold office, or be involuntarily retired for any permanent disability that seriously interferes with the performance of judicial duties.
Mala fides, scienter, or moral turpitude is not required for removal from office of a justice or judge whose conduct demonstrates a present unfitness to hold office.
After the filing of a formal proceeding and upon request of the investigative panel, the supreme court may suspend the justice or judge from office, with or without compensation, pending final determination of the inquiry.
100
Attorney Qualification and Discipline
The SUPREME COURT has EXCLUSIVE JURISDICTION to regulate the admission of persons to the practice of law and the discipline of persons admitted.
101
State Attorneys
In each judicial circuit,
- a SA is ELECTED for a 4 YEAR TERM.
Except as otherwise provided in the constitution, the state attorney is the prosecuting officer of all trial courts in that circuit.
A state attorney MUST:
(i) be an elector of the state and reside in the territorial jurisdiction of the circuit,
(ii) be and have been a member of the bar of Florida for the preceding 5 YEARS,
(iii) devote full time to the duties of the office, and
(iv) not engage in the private practice of law.
* *State attorneys may appoint such assistant state attorneys as may be authorized by law**
102
Public Defenders
In each judicial circuit,
- a PD is ELECTED for a 4 YEAR TERM
A PD MUST:
1. Be an elector of the state and reside in the territorial jurisdiction of the circuit;
2. Be and have been a member of the Bar of Florida for the preceding 5 YEARS.
* *Public defenders may appoint such assistant public defenders as may be authorized by law**
103
What area of the FL Constitution provides for strict limitations on levying taxes?
Article 7 of the Fla. Const. places strict limits on the legislature’s power to levy taxes.
Fla. Const. art. VII, § 1.
104
Exemptions from Taxation
1) ALL PROPERTY OWNED by MUNICIPALITY used exclusively PUBLIC PURPOSES
2) Community and Economic Development regarding
a) NEW BUSINESSES
and
b) EXPANSIONS OF EXISTING BUSINESSES,
as defined by general law.
3) HISTORIC PRESERVATION
ad valorem tax exemptions
105
Exemptions from Tax regarding Community and Economic Development
A county or municipality MAY GRANT community and economic development ad valorem tax exemptions to:
- NEW BUSINESSES
and
- EXPANSIONS OF EXISTING BUSINESSES,
as defined by general law. To adopt such a tax exemption, a county or municipality must write an ordinance, and that ordinance must be approved by the voters of the county or municipality. Fla. Const. art. VII, § 3(c).
106
Exemptions from Tax regarding Tangible Personal Property
Some counties impose an ad valorem tax on:
- Tangible personal property used in a business
or
- For commercial purposes.
**$25,000 of the ASSESSED VALUE of property SUBJECT TO tangible personal property tax is EXEMPT from this tax.**
Fla. Const. art. VII, § 3(e).
107
Exemptions from Tax regarding Conservation
Real property dedicated in perpetuity for conservation purposes is exempt from taxation.
Fla. Const. art. VII, § 3(f).
108
2 Requirements needed for an Exemption from Tax regarding Homestead
For purposes of these homestead exemptions, the homeowner must satisfy the following 2 requirements:
i) The property must be real property LOCATED in Florida;
and
ii) The property must be the PERMANENT RESIDENCE of the OWNER/DEPENDENT
109
Permanent residence requirement for Homestead
For purposes of a homestead tax exemption,
- the real estate must be LOCATED in Florida
and
- be the PERMANENT RESIDENCE of the owner or another person who is legally or naturally dependent on the owner.
110
Homestead Exemptions - Types of qualifying ownership interests
For purposes of a homestead tax exemption,
- Residential real property may be held by
1. LEGAL or EQUITABLE TITLE,
2. TBE, JT, TIC
3. A Condominium,
4. Indirectly by stock ownership or
5. Membership representing the owner’s or member’s proprietary interest in a corporation
6. Leasehold designed to last longer than 98 years.
111
Homestead Exemptions - Exemption amount
- EXEMPTION ON THE FIRST
$25,000
- of the property’s assessed value.
* *This exemption is increased up to an additional $25,000 of the property’s assessed value if the Property is worth more than $50,000**
* *EXCEPT for a school district levy**
For a homestead with an assessed value over $75,000, this exemption can total $50,000 -> but can not be more than $50,000
112
Other homestead exemptions
including the following:
1) Elderly, low-income homeowners
2) Elderly, disabled veterans
3) Surviving spouse of military veteran or first responder
4) Currently serving military personnel
113
Judicial Qualifications Commission - Investigative Panel
An investigative panel
(four judges, two members of the bar, and three nonlawyers)
and
A hearing panel (two judges, two members of the bar, and two nonlawyers).
The INVESTIGATIVE PANEL is vested with the jurisdiction to receive or initiate complaints, conduct investigations, dismiss complaints, and, upon a vote of a simple majority of the panel, submit formal charges to the hearing panel.
114
Election and Qualifications
General Election
- Statewide
- Each EVEN YEAR (not a multiple of 4)
- Must choose a GOVERNOR
- Must choose a LT. GOVERNOR
- Must choose Cabinet Members - for a 4 YEAR TERM
**ALL candidates for the offices of Gov, and Lt. Gov. must form JOINT TICKETS**
When elected, the governor, lieutenant governor, and each cabinet member must:
- Not be younger than 30 YEARS OLD
- Resided in the state for the preceding 7 YEARS
The ATTORNEY GENERAL - MUST - have been a member of the bar of Florida for the preceding 5 YEARS.
115
Executive Departments and Commissions
There are 25 EXECUTIVE DEPARTMENTS
- which are responsible for the various functions of the executive branch.
The governor, the lieutenant governor, the cabinet, or a cabinet member has direct supervision over the administration of each department.
The constitution provides the legislature with the authority to create a
(i) Department of Veterans Affairs,
(ii) Department of Elderly Affairs,
(iii) Judicial Qualifications Commission,
(iv) Judicial Nominating Commission,
(v) Constitution Revision Commission,
(vi) Commission on Ethics,
(vii) Parole and Probation Commission,
(viii) Fish and Wildlife Commission, and
(ix) Taxation and Budget Reform Commission
116
Impeachment
The GOV, LT GOV., CABINET MEMBERS, JUSTICE OF SC, DCA JUDGES, CIRCUIT CT JUDGES COUNTY CT JUDGES
- may be impeached for
committing a misdemeanor while in office.
The HOR by 2/3 vote has the power to impeach an officer.
- The speaker of the HOR has the power at any time to appoint a committee to investigate charges against any officer subject to impeachment.
All impeachments by the HOR are tried by the SENATE.
- The trial must commence within 6 MONTHS OF IMPEACHMENT
The chief justice of the supreme court, or another justice designated by the chief justice, will preside at the trial, except in a trial of the chief justice, in which case the governor will preside.
**Conviction or acquittal does not affect the criminal or civil liability of the officer**
STATE OFFICERS:
- The GOV. may suspend any state officer who is not subject to impeachment,
by stating the grounds and filing the order with the custodian of state records.
Grounds for suspension include
1. Malfeasance,
2. Neglect of duty,
3. Drunkenness,
4. Incompetence,
5. Permanent inability to perform official duties, or
6. Commission of a felony.
* *The senate also has the power to remove from office or reinstate the suspended official**
117
Homestead Exemptions - Elderly, low-income homeowners
Some counties and municipalities have granted one or both of the following additional homestead tax exemptions:
i) A homestead tax exemption not exceeding $50,000
- to any person who has:
- legal/equitable title to real estate
- person's perm. residence,
- person is 65 years old; and
- household income does not exceed the household income limitation $20,000 or adjusted annually for costs of living;
ii) An exemption equal to the assessed value of the property to any person who has the:
- Legal or equitable title to real estate
- with a just value less than $25,000 (determined at the time of the initial application); and
- Maintained permanent residence of the owner for not less than 25 years,
- 65 years old; and
- Household income does not exceed the household income limitation ($20,000, adjusted annually for costs of living).
118
Homestead Exemptions - Elderly, disabled veterans
- Veteran
- Age 65 or older
- Combat-related total or partial disability; and
- Honorable discharge
Receives a discount from the amount of the AD VALOREM TAX otherwise owed on homestead property.
The discount is a percentage of the veteran’s permanent, service-connected disability (more disabled- more exemption)
119
Homestead Exemptions - Currently serving military personnel
Each person who receives a homestead exemption:
- Member of the United States military/military reserves/Coast Guard/reserves/Florida National Guard, and
- Was DEPLOYED during the preceding calendar year on ACTIVE DUTY outside the United States
- receives an additional exemption equal to a percentage of the taxable value of her homestead property.
120
Who can state Ad Valorem Taxes be levied upon?
```
ONLY LOCAL GOV'T BODIES:
ie:
- municipalities
- counties
- school boards
- special districts
```
121
What is an Ad Valorem Tax?
Tax Based on the Value of Property.
122
What can state ad valorem taxes NOT be levied upon?
NO STATE Ad Valorem taxes may be levied upon:
- Real Estate
- Tangible Personal Property
123
Who can the government (state or local) NOT levy an Ad Valorem tax on?
- Motor Vehicles
- Boats
- Airplanes
- Trailers
- Trailer Coaches
- Mobile Homes
**Licensing Fees however CAN BE COLLECTED**
124
What type of revenue is excluded from the state revenue growth adjustment?
Certain types of revenue are excluded, such as:
- state lottery proceeds
- money used to support the Medicaid system.
125
How can a Community and Economic Development obtain an exemption from tax?
By GENERAL LAW:
- To adopt such a tax exemption, a county or municipality MUST:
1) write an ordinance, and
2) that ordinance MUST be APPROVED
3) BY THE VOTERS of the county or municipality.
126
In addition to a tax exemption, what other benefits does a homestead property enjoy?
**In addition to tax exemption**
Homestead enjoys:
1. Legal protections from creditors (Protection from Forced Sale of Homestead)
and
2. Is subject to restrictions on alienation and devise
**Purpose is to preserve the family home**
*The Homestead tax exemption does not use the term “homestead” and DOES NOT IMPOSE an acreage limitation on the property that can qualify for the tax exemption*
127
Can an alien qualify for the Homestead Exemption?
NO
- An alien who does not have permanent residence status CANNOT QUALIFY for this exemption
**An owner need not reside in the homestead AS LONG AS a person who is legally or naturally dependent on the owner does**
128
Homestead Example #1 on an Assessed Value of $40,000
```
Example 1:
- Assessed Value $40,000:
The first $25,000 is EXEMPT from ALL TAX
- and
- the remaining $15,000 is taxed.
```
**if a special benefit assessment tax applies,
- the tax is based on the property’s assessed value;
no exemptions will apply**
129
Homestead Example #2 on an Assessed Value of $70,000
```
Example 2:
- Assessed Value $70,000:
The first $25,000 is EXEMPT from ALL TAX,
- the next $25,000 is taxed, and
- the remaining $20,000 is SUBJECT TO
- school district levies
but
- EXEMPT from all other tax.
```
**if a special benefit assessment tax applies,
- the tax is based on the property’s assessed value;
no exemptions will apply**
130
Homestead Example #3 on an Assessed Value of $70,000
Example 3:
- Assessed Value $95,000:
The first $25,000 is EXEMPT from ALL TAX,
- the next $25,000 is taxed,
the next $25,000 is subject to school district levies but exempt from all other tax,
- and the remaining $20,000 is taxed.
**if a special benefit assessment tax applies,
- the tax is based on the property’s assessed value;
no exemptions will apply**
131
Homestead Effect and Exemption Amount on multiple owners
With respect to any homestead exemption when there are multiple owners:
- only 1 exemption may be claimed
- for each residential unit
132
Judicial Qualifications Commission - Hearing Panel
The HEARING PANEL is vested with the authority to receive and hear formal charges from the investigative panel and, upon a 2/3 vote of the panel, recommend to the supreme court the removal of a justice or judge or the involuntary retirement of a justice or judge for any permanent disability that seriously interferes with the performance of judicial duties. Upon a simple majority vote of the membership of the hearing panel, the panel may recommend to the supreme court that the justice or judge be subject to appropriate discipline.
133
Homestead Exemptions for - Surviving spouse of military veteran or first responder
- Surviving spouse of
- a military veteran/first responder
- Who DIED IN THE LINE OF DUTY
(e. g., law enforcement officer, correctional officer, firefighter, emergency medical technician, or paramedic)
**Entitled to an exemption from ALL TAXES imposed on real property owned and used as a homestead**
- provided the veteran/first responder AND surviving spouse were:
- FL RESIDENTS on January 1 of the year that the veteran/first responder DIED
and
- Surviving spouse has not remarried.
**This exemption also applies to a first responder who was totally and permanently disabled as a result of injury in the line of duty**
134
Rates of Taxation
ALL AD VALOREM TAXATION
(e.g., real property taxes) generally
MUST be at a uniform rate within each local taxing unit = JV or FMV
**However, the taxes on intangible personal property may be at different rates**
135
Valuation of Property
There must be a just valuation of all property for ad valorem taxation.
**Generally, the just value of property is its FAIR MARKET VALUE**
136
Types of Properties that may be valued at LESS THAN JUST VALUE
i) Agricultural land;
ii) Working waterfront properties;
iii) Historic property;
iv) Property subject to a conservation easement;
v) Land producing high water recharge to Florida’s aquifers;
vi) Improvements made to homestead property to provide living quarters for grandparents ("Granny Flats")
137
Timing of Assessment of Property
Assessments are generally made ANNUALLY (January 1st) based on the value of the Property at that time
138
Cap on Change in Assessed Value - governed by the Save Our Homes (SOH) Benefit
The reduction in the assessed value of a homestead due to this cap is known as the Save Our Homes (SOH) benefit, after the name of the Act that granted it.
**For Homestead Exemption qualifying real estate**
- the ANNUAL CHANGE in assessment
- CANNOT EXCEED 3% of the assessment for the prior year
or
- The percentage change in the Consumer Price Index (CPI), **whichever is lower**
**The AV - assessed value CANNOT EXCEED the JUST VALUE (i.e., fair market) of the homestead.
139
Cap on Change in Assessed Value - a Save Our Homes (SOH) Benefit
- EXAMPLE #1
**SOH = JV - AV**
Example (1):
- During year one,
Homer purchases a house in Tampa as a permanent, primary home.
- On January 1 of year two, the house and the one-half acre on which it is situated is assessed at $500,000, its just (fair market) value.
- The Consumer Price Index (CPI) for year two increases by 4%.
- On January 1 of year three, the JV of Homer’s homestead is $550,000.
- The AV cannot exceed:
$515,000 ($500,000 + $500,000 * 3%)
**The SOH benefit is $35,000**
($550,000 - $515,000),
**SOH = JV - AV**
140
Cap on Change in Assessed Value - a Save Our Homes (SOH) Benefit
- EXAMPLE #2
Example (2):
If the CPI for year two increases two percent.
AV CANNOT EXCEED $510,000
$500,000 + ($500,000 * 2%)
**Note that despite the cap, the AV of a homestead that has benefited in the past from the cap can increase even though the value of the homestead declines**
141
Cap on Change in Assessed Value - a Save Our Homes (SOH) Benefit
- EXAMPLE #3
Example (3):
- The CPI for year three increases one percent.
- On January 1 of year four, the just value of Homer’s homestead has dropped to $525,000.
- The assessed value of the homestead cannot exceed $515,100 ($510,000 + ($510,000 * 1%)).
**However, keep in mind that the assessed value of the homestead cannot exceed its just value**
142
Cap on Change in Assessed Value - a Save Our Homes (SOH) Benefit
- EXAMPLE #4
Example (4):
- On January 1 of year four,
- the just value of Homer’s homestead has dropped to $505,000.
- The assessed value of the homestead cannot exceed $505,000,
- even though the CPI has increased.
143
Cap on Change in Assessed Value - a Save Our Homes (SOH) Benefit
- EXAMPLE #5
Example (5):
- On July 1 of year three,
- Homer sells the property to Hanna, a New York resident, who is moving to Florida.
- After the purchase, she uses the property as her permanent, primary residence.
- The Consumer Price Index (CPI) for year three increases by 1%.
- On January 1 of year four, the just value of property is $600,000.
**Even though, had Homer remained in the homestead, the assessed value of the property would have been $520,150 ($515,000 + ($515,000 * 1%)), the assessed value of the property as Hanna’s homestead is $600,000, its just value**
(Note that this rule applies even though the property qualifies as Hanna’s homestead.)
144
SOH Benefit when there is a change in ownership of homestead
After a change in ownership:
- Property is assessed at its JV
- As of January 1 of the year FOLLOWING THE PURCHASE
**The effect is that an owner CANNOT PASS ALONG HIS - SOH benefit to the next owner**
145
Modification of homestead
```
Generally, any
CHANGE,
ADDITION,
REDUCTION,
IMPROVEMENT
- is assessed at its just value for the first year
and then
- is treated as part of the homestead thereafter.
```
**There is an exception for an improvement made to homestead property to provide living quarters for grandparents (“Granny flats”)**
146
Non-Homestead Residential Real Property
For residential real property that contains:
- 9 UNITS or fewer
AND
- DOES NOT QUALIFY for the Homestead Tax Exemption,
The annual change in assessment CANNOT EXCEED 10% of the assessment for the prior year,
- UNLESS there is a school district levy.
147
Estate Tax
Estates and inheritances
- MAY BE TAXED,
but not in excess of the AGGREGATE of amounts that may be allowed to be credited upon or deducted from any similar Federal Tax
**Can't have a State estate tax that would be higher than a Federal Estate Tax**
148
Income Tax
**There is NO PERSONAL INCOME TAX in Florida**
```
However,
- The Fla. Const. permits imposition of a tax on:
- INCOME of
- Non Natural Residents/Citizens
such as:
- Corporations,
limited to 5% of net income
(or a higher rate upon three-fifths vote by both houses of the legislature).
```
**The current tax rate on corporations is 5.5% on net income**
149
Pari-Mutuel Taxes
Taxes on the operation of pari-mutuel pools MAY BE:
- PREEMPTED to the STATE;
OR
- allocated in whole or in part to the counties.
**When allocated to the counties, the distribution must be divided equally among all the counties**
150
Local Government Tax Rate Limits
Counties, school districts, and municipalities are authorized to levy ad valorem taxes and may be authorized by general law to levy other taxes, for their respective purposes, except ad valorem taxes on intangible personal property and taxes otherwise prohibited by the constitution.
151
Relief From Unlawful Taxes
No court may grant relief from the payment of any tax (that may be illegal or illegally assessed)
UNTIL
- Payment of all taxes that have been legally assessed upon the property has been made by the owner.
152
Finance in general
Finance for the stated MUST derive from appropriation through various taxes and levies.
The state MAY NOT BORROW MONEY to support its ordinary operating expenses.
**Nor become joint owner with, invest its funds, or pledge its credit on behalf of private individuals or entities**
153
What is the amount that Ad Valorem taxes can be levied upon the assessed value of real estate and tangible personal property?
Ad valorem taxes cannot be levied in excess of
$1 per $1,000
- of assessed valuation multiplied by the number of “mills. (i.e., the local tax rate)”
154
Exceptions to the local government tax limit rates are?
Exceptions are included
(i) for all county, municipal, and school purposes,
(ii) for water-management,
(iii) for all other special districts a millage authorized by law approved by vote of the electors who are owners of freeholds therein not wholly exempt from taxation.
155
State Bonds
- Pledge FULL FAITH AND CREDIT to the State
- Can be issued ONLY if the VOTERS approve
- Total $ issued can NEVER exceed 50% of the states revenue for the 2 prior years
156
State Bonds issued WITHOUT an election by Voter's to finance
The state is:
- Constructing/ Operating something for AIR/WATER POLLUTION
- Solid Waste Disposal
- Other Water Facilities
- Construction or right to construct roads
157
Revenue Bonds (limited - and more narrow)
- Only issued by the State or it's agencies
- No vote needed
- Only issued to finance the cost of state fixed capital outlay projects and MUST be payable by funds EXCLUDING state revenues
* *Pool of money to pay for these is smaller and the purposes behind issuance are ore restrictive**
