FL Constitutional Law

Question 1

Homestead: Rule & elements

Answer 1

Rule: Homestead status protects a florida resident’s primary residence from being forcefully sold by creditors

Elements to obtain protection:

1. Natural Person (not a corp.)
2. Primary Residence (license address, where you get your bills)
3. Filed with the county clerk’s office before creditor files claim
4. Satisfying contiguous acerage limit (1/2 in, 160 out)

Question 2

Homestead: Creditors & Exceptions

Answer 2

Creditor protection: creditors can file a judgment but they can’t take the house

Exceptions: Super creditors

1. Mortgage holders
2. Property taxes
3. Mechanics liens - any work done on the property itself

Question 3

Homestead: Abandonment of Homestead

Answer 3

Leave the property with the express intent to not return

consequence: lose homestead protection

Question 4

Homestead: Division and subsequent property interest

Answer 4

The homestead is not divisible if there is a surviving spouse and minor child.

Surviving spouse gets a life estate, remainder to child.

Question 5

Homestead: Ad valorem Tax

Answer 5

Advalorem Tax: property taxes and taxes on tangible personal property

• only pay tax to local county government

Question 6

Homestead: Milage rate

Answer 6

Milage rate: uniform tax rate across all homes within the county

Question 7

Homestead: Homestead Exemption

Answer 7

Homestead Exemption: allows homesteader to take up to (2) $25,000 ($50,000) off property value of the homestead for tax assessment.

Question 8

Homestead: Portability

Answer 8

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

Question 9

Government Owned Land and taxes

Answer 9

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.

Question 10

Constitutionality: Regular Session and Special Session

Answer 10

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

Question 11

Constitutionality: How a Bill becomes a law

Answer 11

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.

Question 12

Consitutionality: State power

Answer 12

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

Question 13

Constitutionality: Bill Formalities

Answer 13

A bill must contain:

1. A Title
2. an enactment clause which says “be it enacted that”
3. a valid purpose (reasonably related to public welfare)
4. single subject rule (only one subject)
5. not vague (clearly worded so that an average person can read it)

VSTEP

Question 14

Constitutionality: Separation of Powers

Answer 14

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

Question 15

Constitutionality: Types of Laws

Answer 15

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.

Question 16

Constitutionality: County Passing laws

Chartered/non-chartered

Answer 16

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

Question 17

Constitutionality: Standing

Answer 17

person must have a destinct injury,

there must be causation,

injury is redressible by court order

Question 18

Constitutionality: Equal Protection

Answer 18

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

Question 19

Due Process

Answer 19

No person shall be denied life, liberty, or property without due process of law.

Question 20

Substantive Due Process

Answer 20

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

Question 21

Procedural Due Process

Answer 21

due process based on the government taking away:

• government employment
• benefits
• state licensure

requires notice and a hearing

Question 22

Freedom of Speech

Answer 22

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

Question 23

Establishment Clause

Answer 23

each person has the fundamental right to practice their religion in anyway.

Lemon test:

1. secular purpose
2. does not advance or inhibit religion
3. no excessive goverment entanglement ($)

Question 24

Access to courts

Answer 24

Florida makes it prohibitory to deny a person from having the accessibility to have their day in court

Question 25

Right to jury trial

Answer 25

no florida statute can deny a person’s right to a jury trial

Question 26

sunshine laws

Answer 26

goverment can’t act if it deprives public from access to their information