Florida Constitutional Law Flashcards

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1
Q

How is FL Con Law Tested?

A

Essay. Main focus should be on the standards the Florida Supreme Court applies to a particular kind of case.

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2
Q

Article 1: Declaration of Rights > Fundamental Rights

A

Florida’s counterpart to The federal Bill of Rights, found in article one of the Florida constitution.

The Declaration of Rights provides more protection than the rights given in the Bill of Rights in the US constitution.
* Equal Protection ^
* Religious Freedom
* Freedom of Speech, Press, and Assembly ^
* Right to Work
* Due Process ^
* Search and Seizure
* Access to Courts
* Right to Jury Trial
* Right to Privacy ^
* Access to Public Records and Meetings

These enumerated rights are fundamental and Cases involving these rights trigger Strict Scrutiny.
* Under the Strict Scrutiny tests, the law will be upheld only if the GOVERNMENT can show that it is NECESSARY to achieve a COMPELLING interest

^ most common

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3
Q

Article 1: Declaration of Rights >
Section 3—Religious Freedom—Limitation on Use of Public Funds to Support Religion

A

No government revenue can be taken from treasury to support religion, either directly or indirectly.
* Can support religious institution for other non-religious purpose (secular purpose)

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4
Q

Article 1: Declaration of Rights >
Section 6—Right to Work

A

Cannot be denied job BASED ON MEMBERSHIP (or non-membership) in a UNION

  • The right to work and to bargain collectively is it part of the Florida constitution ‘s declaration of rights and is, therefore, a fundamental right. Thus, strict scrutiny is applied to these cases
  • “Florida is a right to work state, the right to work is a fundamental right which triggers strict scrutiny analysis…”

Public employees CAN’T go on strike

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5
Q

Article 1: Declaration of Rights >
Section 12—Searches and Seizures

A

Florida constitution requires Florida to construe the 4th and 5th amendment in accordance with SCOTUS case law

  • 4th and 5th Am. guarantees the right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.
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6
Q

Article 1: Declaration of Rights >
Section 14—Pre-Trial Release and Detention

A

EVERY ARRESTED PERSON is entitled to pretrial release on reasonable conditions EXCEPT People charged with CAPITAL OFFENSES or OFFENSES PUNISHABLE BY LIFE where the proof of guilt is evident OR presumption of guilt is great
* Arthur Hearing: Judge makes determination of proof/presumptioin of guilt

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7
Q

Article 1: Declaration of Rights >
Section 21—Access to Courts

A

Legislative branch does anything that impedes or hinders access.

Florida constitution provides that courts shall be open to everyone for redress of injury and justice administered without sale, denial or delay.

Every person is guaranteed at least ONE appeal from a final order.

Legislature is PROHITED from passing a law that abolishes a cause of action without a reasonable alternative for redress of injury (Kluger doctrine)
* unless (i) it can be show an overpowering public necessity for abolition of such right, and (ii) no other alternative method of meeting such public necessity can be found.
* Examples: PIP and workers compensation actions were abolished. Reasonable alternative > PIP/workers comp insurance

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8
Q

Article 1: Declaration of Rights >
Section 23—Right to Privacy

A

Every natural person (not corporations) have the right to be let alone and free from government intrusion into their private life.

In contrast to the US constitution, the right to privacy is expressly included in the Florida constitution and thus is considered to provide more protection than the corresponding right to privacy under the federal constitution.

  • Standards of review are the same
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9
Q

Article 1: Declaration of Rights >
Section 24—Access to Public Records

A

Access to Public Records: Every person has a right to inspect or copy any public record made or recieved in connection with the official business of any public body, officer or employee of the state or local government, or persons acting on their behalf, except those records made confidential by Florida’s constitution.

Hiding Public Records: Also allows legislature to hide public records for limited amount of time upon 2/3 vote of both houses.

Public Meetings: Notice of public meetings of public bodies–open to the public and properly noticed. Cannot discuss business outside these meetings.

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10
Q

FL Legislature > Essay Issues

A

1) Encorachment Issues (judiciary)
2) Bill Properly Passed?

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11
Q

FL Legislature > Legislative Sessions

A

3 types:

1) Organizational Session
* No bills can be passed.

2) Regular Session
* Can pass bills.

3) Special Session
* Can be called by the Governor or heads of both houses.
* Must state purpose. Limits bills to be passed to the purpose stated. Members can vote to expand subject by 2/3 vote
* Limited to 20 days long. Unless extended by a 3/5 (supermajority) vote of each house

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12
Q

FL Legislature > Requirements for Bills

A

1) Single Subject
* Every bill must relate to 1 subject and matters properly connected therewith

2) Adequate Title and Enacting Clause
* Adequate Title: Title puts reader on “reasonable notice” of the body of the bill.
* Enacting Clause: “Be it enacted by the legislature of the State of Florida”

3) Sections
* Must be broken up into sections. Paragraph breaks.

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13
Q

FL Legislature > Default Effective Date of Laws

(Date when enforcement begins)

A

Sometimes, the effective date won’t be on the Bill.

Default: 60 days after the entire session ends in which the bill was passed. Unless otherwise stated.

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14
Q

FL Legislature > Executive Action After Bill Passage—Governor’s Approval (Sign) or Veto

A

If the Governor does NOT sign it for 7 consecutive days, automatically becomes law on effective date.

Governor has 15 days to veto a bill before it becomes law when legislature recesses (pauses) for more than 30 days or for an indefinite period.

If the governor vetoes part of a bill, the entire bill is deemed vetoed unless it is an appropriation bill.

  • Appropriation (i.e.,budget) line-item veto: Governor may veto specific parts of an appropriation bill but may not veto any qualification or restriction without also vetoing the appropriation to which it relates

Veto override: Each house must reenact or reinstate the bill by a 2/3 vote of the membership

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15
Q

FL Legislature > Types of Laws
1) General law
2) Special law
3) General law of local application

Bonus
* Prohibition on certain types of Special laws and general laws of local application

A

1) General Law: Applies everywhere to everyone equally.

2) Special Law: Applies to a specific area or specific people. Need 1 of 2 things to pass special law:

  • 1) provide notice to affected people (via newspaper), OR
  • 2) allow for referendum — Affected people vote (no notice)

3) General Law of local application: Uses classification scheme, including geographic boundaries or population numbers, so it applies only to a specific locality. (General law based on population. “any county with x amount of people”)

  • no notice or referendum needed

Bonus: Prohibited Laws Some areas of law are so important they must be uniform (general) throughout the state

Prohibited Laws: There shall be no special law or general law of local application pertaining to:

  • Education
  • Crime (punishment)
  • Elections
  • Court Rules (procedure, evidence, etc.)
  • Gaming RIghts (hunting, fishing)
  • Family (divorce)
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16
Q

FL Legislature > Types of Laws
Appropriation
Apportionment

A

Appropriation

  • Laws making appropriations for salaries of public officers and other current expenses of the state cannot contain provisions on any other subjects.

Apportionment

Legislature

  • Map of the districts for the house and senate are changed every 10 years.
  • Legislature must apportion the state into no less than 30 and no more than 40 senatorial districts and no less than 80 and no more than 120 representative districts.
  • If a resolution on apportionment is not reached, the governor must convene a special apportionment session, not to exceed 30 days, within 30 days, during which the legislature must adopt a joint resolution of apportionment.

Failure to Apportion

  • If a special apportionment session adjourns without adopting a joint resolution of apportionment, attorney general and supreme court must make an apportionment.

Judicial Invalidation

  • If supreme court determines that apportionment made by the legislature is invalid, the court must make its own apportionment within 60 days.
17
Q

FL Judiciary > Structure and Jurisdiction

A

See Chart

See Chart
18
Q

FL Judiciary > Florida Supreme Court

A

Exclusive authority to set rules of procedure in State Courts. If any other court does = unconstitutional
* FL Sup. Ct. cannot change substantive laws, only legislature can pass substantive changes in the law or code.

Supreme Court > procedure
Legislature > substantive

19
Q

Taxes and Financing

A

States power to tax is extremely limited. Local government tax power is more broad.

20
Q

Taxes and Financing > Ad Valorem Taxation

A

Ad valorem taxes are property taxes (tangible and intangible)
* Ad Valorem = based on the value

1) Only the state may levy an ad valorem tax on intangible property, such as mortgage notes, bonds, and other obligations for the payment of money,
* but the tax may not exceed 2 mills

2) Only local governments (e.g., counties, municipalities, school districts, etc.), not the state, may levy ad valorem taxes on real estate or tangible personal property
* local taxation is based on millage
* 3 mills = 3 dollars of tax for every $1,000 dollars of value
* 10 mills is the maximum per entity

21
Q

Taxes and Financing > Bond Financing >
1) General Obligation Bonds
2) Revenue Bonds

A

1) General obligation bonds are secured by Government’s full faith and credit of the revenue derived from taxation. (pledge to repay with tax revenue)

  • Local governments may issue these bonds to finance and refinance large capital improvement projects.
  • tax payer $ means tax payers care = referendums

referendums: If the bond will mature more than 12 months after issuance, approval by a vote is required, EXCEPT FOR:

  • local road
  • school construction
  • construction of bridges

2) Revenue bonds are not secured by full faith and credit, and thus, never need a referendum. They are paid exclusively from revenue generated by the project.

State and local governments must operate at a balanced, no deficit. Bonds = IOU’s, lending money to government in exhange for bonds.

22
Q

Article 8 — Local Government > 1) Chartered Counties and 2) Non-Chartered Counties

A

Chartered Counties can pass any laws as long as they are not inconsistent with Florida general laws or special laws passed by referendum.

Non-Chartered Counties cannot pass laws except what Florida statutes authorize it to pass.

23
Q

Homestead Exemption & Protection >
1) Size Limitations

A

Homestead Size Limitations
* Inside municipality = 1/2 acre of contiguous land, limited to the residence of owner
* Outside Municipality = 160 acres of contiguous land

24
Q

Homestead Exemption & Protection > Exemption from Taxation

A

Homestead Exemption from Taxation
* Decreases the property’s taxable value by as much as $50,000.
* Once Homestead is established, taxable value can only increase by no more than 3% a year.
* Anything over the size limitation is not exempt.
* Example: 150k value house, homestead is established, subtract (up to) 50k from value of house, ad valorem tax is based on 100k taxable value

25
Q

Homestead Exemption & Protection > Protection from Forced Sale

A

Homestead Protection from Forced Sale
* Protects your house from forced levy and sale by a judgment creditor.
* Also protects proceeds from voluntary sale of homestead if you intend to purchase a new homestead property within a reasonable time.
* For homestead protection to apply the homestead must be established before the levy of the judgment creditor.
* Protection is limited to the size limitations of homestead

Exceptions (voluntary liens) - Homestead property is subject to forced sale to satisfy:
* Taxes and assessment against the property;
* Mortgages on the property; And
* Construction liens (for labor performed on the property)

Liens - money owed

26
Q

Eminent Domain

A

State and local government can take your property to use for public use for full compensation
* can delegate this power to private companies (example: FPL)
* usually take easements

inverse condemnation: government does not exercise ED formally, but laws effectively deprive owner of all beneficial uses and enjoyment of land.

27
Q

Establishment clause

A

The FLC prohibits the establishment or penalization of religion. To be valid under this clause, a statute must

  • (1) have a secular legislative purpose,
  • (2) have a primary affect that neither advances nor prohibits religion,
  • (3) not foster “excessive entanglement” with religion, and
  • (4) not authorize the use of public monies to directly or indirectly aid a sectarian institution.

[Editor’s Note: While the Supreme Court has overruled the Lemon Test in the federal Establishment Clause analysis, this test is still a part of the Establishment Clause analysis in Florida.]