Florida Constitutional Law

Question 1

FL Supreme Court Jurisdiction

Answer 1

Mandatory: (Always In Court, Bitch)

1. Appeal from final judgment
2. DCA decisions declaring invalid an FL statute or constitution
3. Final judgments for _c_ertificates and _b_onds of indebtedness

Discretionary Appeal: (Occasionally Given Appeal)

1. Conflicting DCA Opinions
2. Issues certified as of Great public importance
3. Affirmed validity of FL statute or FL Constitution

Question 2

FL Statute Substantive Requirements

Answer 2

NOT: Vague (reasonable person would understand), Overbroad (cannot prohibit constitutionally protected conduct)

MUST BE: Reasonably related to a public purpose (health, safety, general welfare, morals)

Question 3

FL Statute Procedural Requirements

Answer 3

Must Be: (CASE)

1. Clearly Set Out - a law may not be amended by reference to title only; appropriate portions of original text must be set out in amending act
2. Adequate Title - subject must be briefly expressed in title
3. Single Subject - only one subject and connected matters
4. Enabling Clause - “Be it enacted by the Legislature of the State of FL.”

Question 4

Prohibited Laws

Answer 4

Bill of Attainder - laws governing one person

Ex Post Facto Laws - laws retroactively applied

Laws impairing obligation of contract (but can provide for general welfare, especially in heavily regulated areas)

Question 5

General Laws

Answer 5

Apply uniformly

Question 6

Special Laws & Requirements

Answer 6

Definition: Laws that relate to or are designed to operate on known specific things or person in a specifically indicated part of the state

CANNOT govern assessment or collection of taxes for state or county purposes

Requirements:

1. Public notice in newspaper of general circulation in each affected county; OR
2. Approval by local referendum vote

Question 7

General Laws of Local Application and Requirements

Answer 7

Definition: Limited to geographic area established by population

Requirements:

1. Must be a nexus between population and statute
2. Does NOT require notice or referendum

(watch for equal protection arguments)

Question 8

Access to Courts and Kluger Test

Answer 8

Courts shall be open to every person for redress of injury, and justice shall be administered without sale, denial, or delay.

Kluger Test: If legislature abolishes a cause of action, it must provide a reasonable alternative UNLESS:

1. There is a compelling necessity for abolition AND
2. No alternative method of meeting the public necessity can be established

Question 9

Separation of Powers & Encroachment

Answer 9

FL Constitution expressly incorporates the doctrine of separation of powers

Encroachment occurs when one branch of government usurps the function of another

Question 10

Function of Judicial Branch

Answer 10

promulgating procedural rules of FL (i.e. Rules of Civ Pro or Family Law)

Question 11

Function of Legislative Branch

Answer 11

Makes substantive procedural rules; policy decisions

(e.g., mandatory sentencing and three strikes rule)

Question 12

Delegation

Answer 12

Legislature cannot delegate the power to make law or fundamental policy; judiciary cannot delegate judge’s powers

Question 13

Right to Work

Answer 13

Fundamental Right

Question 14

Procedural Due Process Requirements

Answer 14

1. Notice
2. Hearing
3. Neutral Judge or Magistrate
4. Maybe a jury
5. A right to appeal

Question 15

Veto Power of Governor

Answer 15

Legislature in Session: Must veto w/in 7 days

Legislature not in session: Must veto w/in 15 days

No Pocket veto

Question 16

Legislative Sessions

Answer 16

Regular - yearly

Special - called by governor, House, or Senate

Question 17

Standing

Answer 17

An individual has standing in two ways:

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

Question 18

Municipal Actions

Answer 18

Governmental, corporate, and proprietary powers to conduct minicipal government, perform municipal functions, and render municipal services

Municipal actions are valid so long as they do not conflict with the FL Constitution.

Question 19

Exemption From Ad Valorem Taxation

Answer 19

Generally, all property owned by a municipality and used exclusively by it for public purposes is exempt from taxation.

Any municipality can greant ad valorem tax exemptions to new businesses built in the municipality.

Ordinance MUST be approved by voters.

Question 20

Issuance of Local Bonds

Answer 20

A municipality may issue bonds in one of two ways

1) Local Bond - uses taxes to find the bonds and has to be approved by vote
2) Revenue Bond - Uses the revenue from teh project to fund the bond and DOES NOT have to be voted on