FL Con Law

Question 0

Powers of municipality

Answer 0

Each municipality has gov’t, corporate, and proprietary powers to conduct municipal government, perform municipal functions, and render municipal services. Municipal actions are valid so long as they do not conflict with the Florida Constitution.

Question 1

Standing

Answer 1

1) the individual has suffered a harm or the threat of an injury, or 2) the individual is a taxpayer

Question 2

Municipality taxations benefits

Answer 2

All property owned by the municipality and used exclusively by it for public purposes is exempt from taxation.

Question 3

Ad valorem taxation by municipality

Answer 3

Any municipality can grant ad valorem tax exemptions to new businesses built in the municipality – if granted by an ordinance that has been submitted to the voters and approved

Question 4

Fundamental right to work

Answer 4

FL Constitution recognizes the right to work as a fundamental right. That right includes the ability to be or not be amember of a labor union. –> no person can be denied employment because of non-membership in a union.

Question 5

How can a municipality issue bonds?

Answer 5

1) local bond, which uses taxes to fund the bond and has to be approved by a vote; 2) revenue bond, which uses the revenue from the project to fund the bond and does not have to be voted on.

Question 6

Valid law

Answer 6

All laws must embrace one subject, briefly state that subject in the title of the law, not be vague or overbroad, and be reasonably related to the public welfare.

Question 7

General v. Special Laws

Answer 7

General laws apply universally across the state. A general law of local application uses a classification like population, so that its application is restricted to particular localities. Special laws operate in only part of the state r upon particular people. Special laws also include statutes that limit their application to a specific population size and specific date. Special laws cannot govern the assessment or collection of txes for state or county purposes.

Question 8

Separation of Powers –>

Answer 8

The FL Constitution guarantees the separation and equality of the three government branches. Legislature may not alter the jurisdiction of the courts absent a constitutional amendment.

Question 9

Procedure for the rules of procedure?

Answer 9

Currently the Supreme Court has the exclusive power to adopt rules of procedure for all courts. The rules of court may be repealed only by a general law enacted by two-thirds vote of both houses of the legislature.

Question 10

Access to the courts -

Answer 10

The FL constitution provides that the courts are open to every person for redress of injury and that injury and that justice shall be administered wihtout sale, denial, or delay. Have to have their day in court, and have any kind of trial - bench or jury.

Question 11

Legislation requirements:

Answer 11

Single subject, the subject must be simply expressed in the title, it must not be vague or overbroad, and it must be reasonably related to the public welfare.

Question 12

Rational basis: law will be upheld if

Answer 12

There is a legitimate state interest and the law is rationally/reasonably tailored to accomplish that interest.

Question 13

Strict scrutiny: the law will upheld if

Answer 13

There is a compelling state interest that is accomplished by least intrusive means.

Question 14

Types of Laws

Answer 14

General - statewide uniform

Special - specific things/person in specific location (need local referendum)

General Law of Local Application - ltd to geographic area by population - no referendum req

Question 15

Prohibited Special/Gen Law of Local

Answer 15

Need uniformity