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FL subjects > Florida Constitutional Law > Flashcards

Florida Constitutional Law Flashcards

1
Q

Constitution and state permit waiver of _____ _______; however, the statute provides a cap for _____ for any one person and _______ for all claims arising from one accident.

A

sovereign immunity

$200,000

$300,000

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2
Q

What is a general law?

A

applies uniformly statewide to all persons or circumstances

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3
Q

What are the two types of counties in FL?

A

Charter counties and non-charter counties

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4
Q

Right to work laws apply to ______ and _______.

A

state action; state employees

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5
Q

If a government wants to finance a project, it must be for a _____ purpose and with an _______ _______ benefit.

A

public

incidental private

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6
Q

What is needed for a voter initiative amendment to the Constitution?

A
  1. single subject rule: seen as one subject if the component parts have a natural relation and connection ot a single dominant plan or scheme. (much more strict than in legislative action) 2. economic impact statement : probable financial impact of the amendment 3. Must be represented accurately on ballot: summary language on the ballot must be accurate, circuit judge will decide whether language is accurate.
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7
Q

Flow for determining sovereign immunity question:

A
  1. planning v. operational function
  2. underlying duty?
  3. cap on damages?
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8
Q

What is the right to privacy under FL Con law?

A

Every natural person has the right to be let alone and free form governmental intrusion into the person’s private life except as otherwise provided herein.

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9
Q

The legislature cannot delegate the power _________.

A

to make law or fundamental policy decisions. Agencies cannot define the elements of a crime, e.g.

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10
Q

What are bonds (generally)?

A

IOUs issued by the state gov’t. Used to finance state projects.

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11
Q

What are the topics under mandatory jurisdiction of the FL DCA?

A

Must hear appeals as matter of right from final judgment in trial courts

May review

  1. interlocutory orders as specified in rules issued by FLSC
  2. direct review of admin action (prescribed by general law)
  3. circuit court appellate jx if necessary to dispose of all issues in a case
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12
Q

What are the exceptions from the homestead protection?

A
  1. taxes and assessments and homeowners association
  2. validly executed mortgage (need both husband and wife signatures)
  3. mechanics/ construction liens for people who made improvements to homestead; equitable liens (used money to purchase homestead)
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13
Q

What are the discretionary topics under the jx of the FL SCT?

A
  1. officers of state
  2. conflicting decisions between DCAs
  3. statute and constitution validity by DCA
  4. DCA decisions certified as of GPI
  5. pending appeals from trial courts certified by DCA as of GPI
  6. federal certification re: Qs of lwa for which no FL precedent
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14
Q

FL state legislature consists of two houses: ______ and ____ each with how many members and waht are their terms?

A

senate and house of representatives 40 senators (4 year terms) 120 reps (2 year terms)

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15
Q

What are the elements of a proper eminent domain takign?

A
  1. Taking: must substantially oust the owner from property (distinguish from zoning)
  2. Necessity: gov’t must show reasonable necessity for its action (tourist dollars count)
  3. Public purpose: prop must be used for public benefit (cannot take for public purpose, then give to private entity to develop)(need airports, hospitals, utilities, parks)
  4. Full compensation: Fair market value - have right to jury trial to determine FMV.
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16
Q

If time, place, and manner restrictions are content based, then the gov’t must show _______.

A

regulation is narrowly tailored to address compelling state interest.

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17
Q

Examples of access to courts alternatives that have/ have not been accepted:

A

Have: workers comp, medical malpractice med. malpractice for nursing homes family law voluntary arbitration mediation before dissolution of marraige Have not: award of attorney’s fees to prevailing party caps on damages statutes changing SOL (shortening significantly) filing fees appeal

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18
Q

Due process in FL means that, no person shall:

be deprived of __, ____, or ___ without due process of law

be twice put in ______ for the same offense,

or be compelled in any ______ matter to be a witness against oneself.

A

life, liberty, or property

jeopardy

criminal

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19
Q

In lieu of the life estate, a new FL rule allows the surviving spouse to _______.

A

Take 1/2 interest in homestead in lieu of the life estate as tenants in common with the lineal descendants.

This gives the SS an actual ownership interest, which he/she can sell. So if SS wants to move to an old folks’ home and doesn’t want to live on homestead, he/she can sell her 1/2 interest, raise some money, and use it to make her move.

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20
Q

Procedural due process in FL extends to actions by ____ organizations exercising a ______ function.

A

private; quasi-public

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21
Q

What are the roles of the Gov?

A

Ensures all laws faithfully executed acts as commander in chief

initiates judicial proceedings in the name of the state

has the power to appoint

possesses clemency power

can veto

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22
Q

What should you look for to determine whether general law of local application will be valid?

A

Look for a population minimum and maximum and a nexus between the population requirement and the evil to be remedied.

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23
Q

The state as sovereign has certain reserved powers (that the federal government does not have) known as ______ _______.

A

police powers

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24
Q

The Gov has the power to veto a bill within _____ days after presenatation. If the legislator adjourns, the governor has _______ days to veto the bill.

A

7 days 15 days

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25
Q

What are the state taxation types/rules?

A
  1. C amendment limits new taxes/ collecting more revenue than the previous year.
  2. Small corporate tax and no income tax.
  3. Intangible tax that is not enforced.
  4. Pari-mutual taxes (sin taxes - gambling, cigarettes, alcohol, etc).
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26
Q

Which courts in FL can issue writs?

A

SCT, DCA, Circuit Court

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27
Q

When one branch of gov’t usurps the function of another branch it is said to _______.

When one branch of government delegates its responsibilities to another branch of gov’t, it is said to violate the ________.

A

Encroach

non-delegation

doctrine

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28
Q

What are excessive punishments in FL?

A

Excessive fines

cruel or unusual punishment

forfeiture of estates

indefinite imprisonment

unreasonable detention of minors

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29
Q

Right to work is often tested in conjunction with _____.

A

Bonds. State cannot choose a contractor to build a public building only if the contractor promises to only use non-union workers/ subcontractors.

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30
Q

When is a referendum needed for a state or local gov’t to issue a bond?

A

Only when a local government issues general obligation bonds (taxpayers on the hook) and the bonds mature more than 12 months after issuance.

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31
Q

Time, Place, and Manner restrictions are ______.

A

ok if they are not content based.

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32
Q

What type of legislative action requires a 2/3 vote?

A

Needed in each house to:

  1. extend special session to include new business
  2. waive three readings of a bill prior to its passage
  3. override a gubernatorial veto
  4. repeal rules of practice and procedure promulgated by the SCT
  5. increase or decrease the numbers of judicial offices recommended by SCT
  6. state mandates on local govts
  7. to increase state spending above revenue cap

Needed in House: 1. to Impeach

Needed in Senate: 1. to convict an impeached state officer

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33
Q

In FL, according to its police powers, the state ahs the power to provide for the ______ of its citizens. (4 things)

A
  1. general welfare 2. health 3. safety 4. morals (criminal laws)
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34
Q

What are the elements for homestead exemption?

A
  1. natural person (not corporation or pship)
  2. one homestead (each family gets one)
  3. property inside municipality = 1/2 acre contiguous + residence
  4. prop outside municpality = 160 contiguous acres
  5. Establishment before levy
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35
Q

What is an unincorporated area?

A

An area not covered by municipality – covered by county, so therefore in the jx of the county

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36
Q

What is a charter county?

A

Has all powers not inconsistent with general or special laws. Has its own constitution and is more powerful than a non-charter county.

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37
Q

In FL, rational basis review requires

A

P must show that the act does not relate to the achievement of a legitimate state purpose.

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38
Q

What are laws that must be uniform (i.e. can’t be special laws or general laws of local application)?

A
  1. election
  2. taxation
  3. rules of evidence *
  4. punishment for crimes *
  5. petit juries
  6. change of venue *
  7. conditions precedent to bringing any civil or criminal proceeding * (ADR for example)
  8. creation of liens *
  9. divorce *
  10. adoption
  11. regulation of occupations
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39
Q

Examples of procedural due process guarantees and substantive due process guarantees

A

Procedural: Notice and hearing; right to appeal; jury trial

Substantive: Right to possess property; privacy rights; jury trial

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40
Q

What is the rule re special laws?

A

Need:

  1. notice of intention to seek enactment published in a newspaper in general circulation in the affected counties OR
  2. law becomes effective only on approval by referendum vote of the electors of the area affected.
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41
Q

The Federal Constitution enumerates certain powers, while state constitutions are a _______ on state powers.

A

limitation

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42
Q

The FL Constitution provides the legislature with the power to make _______ procedural rules, but the Florida Supreme Court with power to adopt rules for the ______ and ______ in all courts

A

substantive

practice and procedure

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43
Q

FL’s constitution guarantees freedom of speech and no state law may be passed _________.

A

abridging freedom of speech or of the press

44
Q

If homestead is improperly devised, then ________.

A

descends in same manner as other intestate property, but surviving spouse gets life estate and vested remained in descendants.

45
Q

When may a city not act?

A
  1. state preemption
  2. county preemption

. forbidden by county charter (city w/in county)

  1. forbidden by city charter
  2. consitutional laws (Fed. or FL)
46
Q

Summarize the County-City Conflict Rules:

A

A city always trumps a non-charter county. When acting re regulatory issues, a charter county trumps a city. When acting re services, if city and charter county conflict, there is a dual referenda to determine which entity provides which services.

47
Q

Municipalities are created by _______.

A

the state legislature

48
Q

What are the topics under discretionary jurisdiction of the FL DCA?

A
  1. non-final orders of the Circuit Court
  2. final orders of circuit court in its appellate capacity
  3. bypass certifcation
49
Q

What type of legislative action requires a supermajority or 3/5 vote?

A

Needed in each house to:

  1. extend a regular sessions
  2. convene a special session
  3. amend or revise the C
  4. add prohibited subjects for special laws and general laws of local application
  5. raise the tax rate on corporate income
  6. creation of State Trust Funds
50
Q

What is the underlying duty rule related to sovereign immunity?

A

There must be an underlying duty of the state to the individual in order for an individual’s suit to be successful. Where no underlying duty exists, if the gov’t entity undertakes to perform a particular task, then it must do so with reasonable care. If the city undertakes to provide a pool, must do so with reasonable care. No underlying duty for cops and firemen to save in time.

51
Q

What are prohibited laws in FL?

A
  1. bill of attainder
  2. ex post facto law
  3. law impairing the obligation of contracts (must important and legitimate state interest AND must be narrowly tailored)
52
Q

What is a general law of local application?

A

A law that uses a classification scheme based upon population or some other criterion so that its application is restricted to particular localities.

distinguishable from a special law in that it doesn’t require notice or referendum. **Used to get around special law requirements.

**ON bar: Has always had a min and max cap in order to be found valid and there must be a nexus between the population req and evil to be remedied. (E.G. foreclosures, some counties don’thave foreclosures and the rules might not apply there).

53
Q

What are the different types of votes required for legislation?

A
  1. Majority vote
  2. 3/5 Vote (supermajority)
  3. 2/3 Vote
54
Q

For establishment clause questions, FL uses the _____ test, which states that in order to be in accordance with the establishment clause a law must:

A

Lemon Test

  1. be primarily for a secular purpose
  2. neither advance nor inhibit religion as the primary effect
  3. no excessive gov’t entanglement with religion
55
Q

If a law infringes on privacy rights, what is the test in FL?

A

Government interference with the right of privacy is permitted only if there is

  1. compelling state interest AND
  2. the least intrusive means are used to protect that interest
56
Q

What are the 4 general requirements for a law?

A
  1. cannot be vague
  2. cannot be overbroad
  3. must be reasonably related to public welfare
  4. must meet constitutional reqs (single subject, adequate title, text set out, enacting clause)
57
Q

What power does a non-charter county have?

A

Power to enact ordinances as provided by general or special law – has to look to legislature to determine if it can act.

(v. charter county, which can enact ordinances so long as they are not inconsistent with general or special laws)

58
Q

What are the main tax revenues for local govts?

A
  1. ad valorem tax: tax on real property at its value - generally millage rate ($1/ $1000 of value) $10 million cap per entity (school district, county, city)
59
Q

What type of legislation requires a majority vote?

A

Majority vote in each house needed for passage of bills (including joint resolutions and reapportionment)

Needed for Senate to convict a suspended state, county, or municipal officer

60
Q

What are the elements of a fair ad valorem tax?

A
  1. millage rates & cap
  2. uniformity (FMV property appraiser)
  3. assessment (yearly + notification)
  4. Best and highest use rule
  5. leaseholds (can be taxed even if on gov’t prop like airport)
  6. agricultural property tax break (outside city limits, cows, don’t need best and highest use)
61
Q

What administrative topics are under teh jx of the FL SCT?

A
  1. rules of practice and procedure
  2. FL Bar admissions/ suspensions
62
Q

What is a revenue bond?

A

Bondholders are paid back from revenues, not taxes.

Generally, no referendum needed because tax payers are not on the hook for the bond. (v. general obligation bond)

63
Q

What are the exemptions from ad valorem taxation?

A
  1. municipal property
  2. personal property
  3. economic devlopment (special industry promoted) (oridnance plus referendum)
  4. economic devlopment (historic - ordinancec only)
  5. grandparent quarters
  6. philanthropic property (libary, educational, scientific, charitable, religious)
  7. Homestead - decrease value by $25,000
  8. Disabled veteran discount (can get more than $25,000 on homestead).
64
Q

All functions of the executive branch are allocated among not more than ____ departments.

A

25

* Can’t create new departments without C amendment.

65
Q

What are the mandatory topics under the jurisdiction of the FL SCT?

A
  1. Final Js re: death penalty
  2. Final Js re: validation of bond/certs of indebtedness
  3. Review rate decisions (state public utilities)
  4. DCA decisions to invalidate statute/ Const. provision

* C must be amended to add any new mandatory subjects

66
Q

Under FL’s freedom of religion provisions, no revenue of the state shall ever be taken from the public treasury _____________.

A

direcly or indirectly in aid of any church, religious denomination, or in aid of any sectarian institution

67
Q

What are the two functions under which the government operates related to sovereign immunity?

A
  1. Planning function (gov’t will use as a defense)
  2. Operational function (P wins if operational negligence)
68
Q

How are search and seizures treated under FL Con law?

A

4th am: same as federal

5th: greater protection than federal for crim. def.

69
Q

What is the jurisdiction of the county court?

A

Exclusive jx

  1. ordinances, misdemeanors, and traffic infractions
  2. amount sought is less than $30,000
  3. RP disputes under jx limit

Concurrent jx w/ circuit court:

  1. equity actions under jx limit
  2. LL/T cases eceeding jx limit
  3. RP disputes eceeding jx limit
  4. simplied dissolutions of marriage
70
Q

Inverse condemnation is: _______

A

Landowner initiates a suit to ahve government take the property through eminent domain because the government has otherwise deprived the owner of use of hte property.

(e.g. they put an airport next dooor, so I can’t enjoy my property anymore. Gov’t should give me FMV of my property).

71
Q

How are public officials removed from office?

A

Governor may suspend, but may not remove. The senate must remove.

72
Q

Who polices each house of the legislature?

A

They police themselves.

Each house determines its own rules of procedure and may punish a member for contempt or disorderly conduct by majority vote of the membership.

Need 2/3 vote to expel a member.

73
Q

What is a general obligation bond?

A

Full faith and credit of the state or local gov’t is pledged. Generally, bondholders can be paid from tax dollars.

State:

  • No vote needed if acting for public purpose (air/water pollution, waste disposal, water facilites, roads/bridges); provided for in the state constitution.
  • total outstanding prinicpal can’t exceed 50% total tax revenues for last 2 years

Local gov’t:

  • Paid from ad valorem taxes
  • capital projects approved by voters OR refund outstanding bonds at lower interest

Referendum is required if bonds mature more than 12 months after issuance.

74
Q

The FL constitution guarantees that the state will provide ______ and _______ schools.

A

adequate and uniform schools. (school vouchers did not pass this).

75
Q

What is the rule for exempting something from the sunshine law?

A

If not provided to the public, must state the necessity justifying the exemption and the law should be no broader than necessary to accomplish the goal.

76
Q

If a law restricts fundamental rights, then _____ _____ is applied. Examples of fundamental rights include:

A

strict scrutiny

  • right to marriage
  • right to freely travel
  • right to vote
  • right to privacy
  • right to raise your children as you see fit
77
Q

A key to noticing that freedom of assembly might be infringed by a local law is that too much _____ is given to a ______.

A

discretion; local official

78
Q

What is the JNC and the JQC?

A

JNC is the judicial nominating committee: suggests judges to be appointed.

JQC is the group that reprimands judges for ethical violations.

79
Q

Public access to courts:

There is a strong presumption in favor of

A

providing access to court proceedings and records.

80
Q

Restraints on the sale/devise of homestead property only apply to __________.

A

solely owned property

81
Q

What is the access to courts rule?

A

The courts shall be open to every person for redress of injury and justice shall be delivered without sale, denial, or delay.

82
Q

What is eminent domain?

A

The sovereign power of state (and other governmental entities by statute) to take private property for public purpose and for full compensation.

83
Q

Difference between substantive procedural rules and procedural rules?

A

Substantive (made by the legislature) include: sentencing guidelines, 3 strikes rule, rules of evidence

Procedural (made by SCT) include: how many days to reply; file a reply; efiling rules

84
Q

What is the jurisdiction of the circuit court?

A
  1. final orders of county court
  2. final orders of admin agencies
  3. civil actions about county jx limit
  4. ejectment
  5. injunctions
  6. RP equity actions re: boundaries/title
  7. felony/misdemeanors
  8. can issues writs of certiorari
85
Q

What are the 3 types of legislative sessions?

A
  1. Organizational session - 14 days after each gen. election
  2. Regular session- first week in March - laws on any subject may be enacted in a regular session by a majority vote
  3. Special sessions - may be called by the Governor or legislators, limited to 20 days unless extended by 3/5 vote, no new business may be acted upon without the consent of 2/3 of the membership.
86
Q

If there is no will and the homestead was owned solely in the decedent’s name, then the surviving spouse receives ____ and lineal descendents get _____

A

life estate

vested remainder

87
Q

What is the sunshine law?

A

Any public meetings/ records must be open to the public. (Must balance this againt privacy interests).

88
Q

If no spouse or minor children survive, the homstead may be devised to ________.

A

Whomever the owner chooses.

(Note: If choose heir, no creditors; if choose friend, creditor can come in).

89
Q

Generally, free speech and press provisions of the FL constitution have been analyzed in the same manner as _____.

A

the First Amendment of the U.S. Constitution

90
Q

Some of the rights in FL’s Declaration of Rights are more expressly articulated than those found in the U.S. Constitution, e.g. _____, _____, _______.

A
  • Right of privacy (stronger right to privacy in FL)
  • Right to work (union context)
  • Right to access to courts
91
Q

Florida’s counterpart to the federal Bill of Rights is …

A

Article I, Declaration of Rights.

92
Q

What is the Homestead Exemption?

A

a natural person’s homestead property is exempt from forced sale under process of any court and no judgment or decree or execution shall be a lien thereon.

Exceptions: Taxes, assessments, construction liens, valid mortgages, preexisting liens, federal tax levy or civil forfeiture, possibly fraudulent conduct by owner

Voluntary sales: retain protected status if Seller:

  • intends to reinvested proceeds into another homestead w/i reasonable time
  • keeps funds separate
  • actually does reinvest

burden on creditor to prove by POE owner not entitled to protection

93
Q

Real property owned by the decedent and surviving spouse as tenants by the entirety is not subject to ______. It passes by right of _________ in all cases.

A

restraints

survivorship (This is the easy case - won’t be tested)

94
Q

What is a special law?

A

designed to operate on known, specific persons, or things or in a specifically indicated part of state. Usually found when a law applies to one geographical area.

95
Q

The homestead cannot be devised if the __________.

A

owner is survived by a spouse or minor child.

LE to spouse; VR to lineal descendants.

96
Q

What is an example of a planning v. operational state function?

A

You cannot sue the city for not putting a stoplight in a particular location, that is a planning function

if the city had a defunct light there and didn’t send an officer to direct traffic, then you can sue because that was an operational function.

97
Q

What are the categories of state laws?

A
    1. General laws
    1. Special Laws
    1. General laws of local application)
98
Q

What are the five methods for amending the FL constitution?

A
  1. Initiative: signatures (Most common)
  2. legislative
  3. revision convention (meets every 20 years and canvasses for amendments)
  4. constituional convention (called by leg.)
  5. taxation and budget reform commission
99
Q

What is needed for a legislative amendment to the Constitution?

A

3/5 vote of each house can propose, then need 60% vote of electors.

100
Q

FL’s Constitution forbids regulation and establishment of religion by the _____ and guarantees free exercise of religion to each _____. However, it also states that religious freedom does not justify ____________.

A
  1. government
  2. individual
  3. practices inconsistent with public morals, peace, or safety (no bong hits for Jesus).
101
Q

What are the rules re fees from local govts?

A

Can use help lower taxes, but still pay for public spaces. There is a limitation on the amount and on use.

Limitation on Amount: Must be tied to the per capita use of the facility and the local gov’t can raise no surplus through fees.

Limitation on Use: Must revert into the facility that generates the fee, not for other purposes of the local gov’t.

102
Q

What type of powers does a municipality have?

A

Home rule - powers of a municipal purpose – water, utilities, garbage, sewer, etc.

103
Q

If the owner is not survived by minor children, the homstead may be devised to _______.

A

Surviving spouse (she normally would only get life estate).

104
Q

How are justices and judges elected in FL?

A

FLSC and DCAs: Governor appointment then retention election after appointment

Circuit & County: political election

105
Q

NO administrative agency shall impose a sentence of _____.

An administrative agency cannot award ___________, but may award ______.

A

imprisonment

non-quantifiable common law damages (emotional distress)

quantifiable common law damages (back pay, attorneys fees)

106
Q

FL Constitution provides that the people retain the right to assemble _______ and to ___________.

A

peaceably; petition for redress of grievances

107
Q

What are the abandonment and proceeds rules related to the homestead exemption?

A
  1. Abandonment: Your homestead can be abandonned if you move and make a new place your permanent residence.
  2. Proceeds are still protected if you sell your homestead with the intent to re-invest in a new homestead. (Gen. proceeds are protected for about 2 years even if liquid). (ONLY up to the amount re-invested).

FL subjects (15 decks)

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