FL Constitutional Law Flashcards
Homestead: Rule & elements
Rule: Homestead status protects a florida resident’s primary residence from being forcefully sold by creditors
Elements to obtain protection:
- Natural Person (not a corp.)
- Primary Residence (license address, where you get your bills)
- Filed with the county clerk’s office before creditor files claim
- Satisfying contiguous acerage limit (1/2 in, 160 out)
Homestead: Creditors & Exceptions
Creditor protection: creditors can file a judgment but they can’t take the house
Exceptions: Super creditors
- Mortgage holders
- Property taxes
- Mechanics liens - any work done on the property itself
Homestead: Abandonment of Homestead
Leave the property with the express intent to not return
consequence: lose homestead protection
Homestead: Division and subsequent property interest
The homestead is not divisible if there is a surviving spouse and minor child.
Surviving spouse gets a life estate, remainder to child.
Homestead: Ad valorem Tax
Advalorem Tax: property taxes and taxes on tangible personal property
- only pay tax to local county government
Homestead: Milage rate
Milage rate: uniform tax rate across all homes within the county
Homestead: Homestead Exemption
Homestead Exemption: allows homesteader to take up to (2) $25,000 ($50,000) off property value of the homestead for tax assessment.
Homestead: Portability
Protability: when an old homestead is sold and new home is bought, after filing for new homestead protection, the old homestead property tax exemption carry’s over to new homestead
Government Owned Land and taxes
Governement owned land is exempt from taxes.
However, if a business uses government land to make a profit, (gift shop)that land will then be taxed.
Constitutionality: Regular Session and Special Session
Regular Session: State Congress convenes for 60 days
Special Session - governor calls a special session to address a single issue.
- Laws can only be passed in the purview of the special section proclamation
Constitutionality: How a Bill becomes a law
in order for a bill to become a law in florida it has to pass each house of the state legislature by a majority vote. The govenor can either sign it within 7 days or veto it. If not vetod by the govenor within 7 days of it passing, the bill will automatically become a law.
Consitutionality: State power
Under the police power, a state can pass a law for the health, safety, and wellfare of its citizens as long as it does not conflict with federal law
Constitutionality: Bill Formalities
A bill must contain:
- A Title
- an enactment clause which says “be it enacted that”
- a valid purpose (reasonably related to public welfare)
- single subject rule (only one subject)
- not vague (clearly worded so that an average person can read it)
VSTEP
Constitutionality: Separation of Powers
florida’s constitution specifically incorporate separations of power into the constitution
ask: is legislature trying to take away powers from other branches? is it quasi-judicial/quasi-judicial
Constitutionality: Types of Laws
General- applies to the entire state uniformally
Specific- a group of people or geographic location.
Requires:
- notice published in a newspaper of general circulation in the affected area, or
- a referendum approved by a majority of the voters in the affected area.
General Law of Local Application- applies to a specific population
- the subject matter of the law must be reasonably related to the population classification.
Constitutionality: County Passing laws
Chartered/non-chartered
Chartered: has broad power to make any law as long as it’s not in conflict with state law
Non-chartered: must have the state specifically give power
Constitutionality: Standing
person must have a destinct injury,
there must be causation,
injury is redressible by court order
Constitutionality: Equal Protection
A group of people are being treated differently from another group of people.
Strict Scrutinty Classes: Race Religion Nationality Physical Disability
Strict Scrutinty: goverment has the burden to show that the legislation is necessary to achive a compelling governemnt interest
everything else RB
Due Process
No person shall be denied life, liberty, or property without due process of law.
Substantive Due Process
the govt.’s power to regulate certain activities.
Fundamental Rights Test – When regulating fundamental rights, it must satisfy strict scrutiny → Govt. must show the law is necessary to serve a compelling governmental interest.
− Fundamental Rights = right to vote, interstate travel, and privacy (Contriceptive Abortion Marriage Parentage Education Raise a family)
Privacy - fundamental right to be left alone
Right to work
Everything else is RB
Procedural Due Process
due process based on the government taking away:
- government employment
- benefits
- state licensure
requires notice and a hearing
Freedom of Speech
Content based: Narrowly tailored to achieve a compelling government Interest
Content Neutral: can regulate the time place and manner of the speech if it there is a signifigant goverment interest and alternative channels of communication are avalible
Establishment Clause
each person has the fundamental right to practice their religion in anyway.
Lemon test:
- secular purpose
- does not advance or inhibit religion
- no excessive goverment entanglement ($)
Access to courts
Florida makes it prohibitory to deny a person from having the accessibility to have their day in court
Right to jury trial
no florida statute can deny a person’s right to a jury trial
sunshine laws
goverment can’t act if it deprives public from access to their information
