FL Con Law Flashcards
10th Amend
10th amendment in U.S. Constitution reserves powers to the states known as police powers. In FL, the state has the power to provide for general health, safety, welfare and morals of its citizens. Some of the rights provided for in the FL constitution are more strictly construed than those in the federal constitution. (I.e. right to privacy, right to work, right to access courts)
Equal Protection/ Due Process
The 14th amendment to the U.S. Consittuion prohibits states from depriving any citizen of due process. The due process clause applies to both procedural actions of government and protection of federal constitutional rights.
Only strict scrutiny and rational basis there is NO intermediate scrutiny.
SS: applies to race, religion, national origin or physical handicap
If a section would be intermediate scrutiny mention coverage under the federal constitution
Freedom of Religion
FL constitution forbids the regulation and establishment of religion by the government.
No revenue of the state shall ever be taken from the public treasury directly or indirectly in aid of any church, religious denomination or in aid of any secretariat institution. (v.s. U.S. constitution where can use certain vouchers if don’t violate establishment clause)
Lemon Test
Primarily secular purpose
Neither advances nor inhibits religion
Does not produce excessive government entanglement
Right to Work
The right of a person to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization
Right to Access Courts
The courts shall be open to every person without sale, denial or delay
If the legislature abolishes a cause of action, a reasonable alternative must be provided unless:
Kugler Test (to decided when right to access courts has been violated)
An overpower public necessity
No alternative method can be established
Right to Privacy
in FL generally entitled to be left alone and free from government intrusion
Since explicitly stated as a right (as compared to U.S. Constitution) its a compelling government interest
Right to Access Public Records and Matings
all meetings should be open to public and duly noticed
If decide not to open to public must justify why not necessary, no broader than necessary to accomplish goal
Under the Fl const. Meetings of any public body of a county at which official acts are to be taken or at which public business of such body is to be transacted or discussed must be open and noticed to the public.
Requirements of a Law
Cannot be Vague
Cannot be over broad
Reasonably related to public welfare
Constitutional Requirements of a Law
Single subject
Adequate title
Text set out
Enacting clause
General Laws
apply statewide to all persons
Special Laws
are designed to operate on known or specific persons, a geographical region
need notice of intention to seek enactment or voters approval by majority
General Law Local Application
based on population
Power of Veto
no pocket veto in FL
governor has power to veto a bill within 7 days while in session or 15 days out of session
failure to veto within that time becomes law
Homestead
A property that is considered the principle residence of an owner can become homestead property
Homestead protects the owner from a forced sale or any liens on the property
Exceptions
1.Mortgage (failure to pay) (mortgage must be for repair of, improvement to or purchase of home)
2. Taxes
3. Contractor/Mechanics/improvements/repair K
Homestead property includes;
160 acres of contagious land outside a municipality or
One half acre of continuous land inside a municipality
Homestead is limited to one per person or family unit. They can select which property to make homestead and any property exceeding limits can also be choosen which will be protected.
abandonment of homestead is based on intent of owner.
When a homestead property is titled only in one spouses name, it may not be devised or conveyed away from the other spouse or spouse’s minor children
Conveyance
Property owned by joint tenancy by entirety passes all to spouse
If no will spouse gets a life estate and lineal descendants get a vested remainder
Spouse may elect to take a one half interest in homestead in lieu or a life estate. It will be held tenants in common with one half interest vesting in lineal descendants serving at time of descendants death
spouse can get homestead and elective share
A homestead property cannot be divided or conveyed if there is a living spouse or minor child
no minor children then spouse takes in fee simple
no spouse or minor children may be devised to whomever.
If devised to heirs creditors cannot touch
If devised to friend creditors can get
- a creditor of a recipient can only attach to interest in decedents estate not the estate itself because not decedents debt
Charter Counties
Counties operating under county charters have all powers of local self-government not inconsistent with FL law
FL law is supreme over any other conflicting law such as county charters
Thus charter counties cannot adopt or amend their charter in contravention of Florida Law
Per the FL const. A charter county can adopt, amend, or repeal its charter by a majority vote of its electors. A majority vote is over a 50% vote of the election
Constitutional Officer Status
Each county must elect conditional officers such as a sheriff, a tax collector, a clerk of the circuit court and a property appraiser.
These elected officers of the county, even in a non charter county have authority per FL law
