Florida Constitutional Law

Question 1

Three types Essay Topics

Answer 1

• Homestead
• Bill Passage
• Bonds

Question 2

What is Homestead Protection?

Answer 2

Protection from forced sale by creditors for primary residence in Florida

Homestead protection ensures that homeowners cannot lose their primary residence to creditors under certain conditions.

Question 3

Elements of Homestead Protection?

Answer 3

• Primary residence
• Only one homestead at a time
• Owned by a natural person
• Must be filed with clerk BEFORE creditor claims
• Acreage limit:
  
  • ½ acre inside municipality or
  • 160 contiguous acres outside
    municipality
• Includes primary residence and
  $1,000 personal property

Judgment can be filed but home can’t be taken

If the following elements are met, creditors can’t take your residence away, you have a protection in your “homestead”

Question 4

Exceptions to Homestead Protection?

Answer 4

Supercreditors
* Mortgage Company
* Property Taxes
* Mechanic’s Lien

These exceptions allow certain creditors to still claim a homestead under specific circumstances.

Question 5

Abandonment of Homestead

Answer 5

Creditors can reach homestead if you leave the property and express the intent NOT to return

Question 6

Devising Homestead

Answer 6

• You cannot devise your homestead if there’s a surviving spouse and there’s a minor child
• The surviving spouse gets a life estate🡪Remainder to the child

**Ex. John lives on Greenacre and that’s his primary residence; if its owned

Question 7

Ad Valorem Taxes

Answer 7

Property taxes and taxes on tangible personal property paid every year

Ad Valorem taxes are based on the assessed value of property.

Question 8

Ad Valorem Taxes

Answer 8

ONLY paid to local county govt.
* No state income tax in Florida; we only pay federal income tax
Homestead Exemption from Property Taxes
Two (2) $25k exemptions off the FMV/property value calculated using milleage rate
Portability
* Exemption applies to new residence
* Government-owned property used for governmental purposes is exempt from Ad Valorem taxes
* If government-owned property used for profit-making, then that portion is subject to Ad Valorem taxes
Ex. A flower shop in a govt building

This exemption reduces the taxable value of the property, thus lowering property taxes.

Question 9

Bill Passage
Leglislature vs Governor

Answer 9

Regular session🡪60 days
Special session🡪Per governor
* Can last 20 days but can only meet and clear up a “single issue”
* Can only pass laws in the purview of the special session proclamation🡪they can only pass laws for the issue that they’re there to meet about

Question 10

How a bill to becomes law in Florida?

Answer 10

• Must pass each house by majority vote
• Signed by the governor or not vetoed within 7 days

Question 11

What power does state have to pass law

Answer 11

State has police power to pass any law for health, safety and welfare of its citizens as long as it doesn’t conflict with any federal law

Question 12

Formalities of the bill

Answer 12

1. Title
2. Enactment clause
“Be It Enacted That”
3. For a valid purpose
Reasonably related to
public welfare
4. Single-subject rule
No log-rolling (nothing
extra)
5. Vagueness
* Bill cannot be vague
* Must clearly worded so
that an average person
can understand
*Can’t be overbroad

Question 13

Separation of Power

Answer 13

• One branch cannot “encroach” on another branch’s power
• The Florida constitution expressly incorporates that powers be separated

Question 14

Types of Laws
(Three)

Answer 14

1. General🡪applies to entire state uniformly
2. Special🡪applies to a group of people or geographic area
**3. **General Law of Local Application (population act)🡪areas with specific populations

Question 15

County Power🡪Home Rule Power
(Charter v Non-chartered)

Answer 15

Power given to each county to make laws for themselves depending if they’re chartered or nonchartered

Question 16

Chartered County

Answer 16

• Broad power
• Can make any law so long as its not inconsistent with a general law

Question 17

Non-chartered County

Answer 17

• Narrow power
• Only gets power from the general / special laws of the state

Question 18

Issues with Bills

Answer 18

• Standing
• Equal Protection
• Due Process

Question 19

Standing

Answer 19

• Can the person claiming bill unconstitutional challenge
• Person must have a distinct injury that hurts the plaintiff

Question 20

Equal Protection

Answer 20

• A group / class of people being treated differently
• Whether its constitutional depends of the level of scrutiny
• Strict scrutiny granted to the following:
  
  • Race
  • Religion
  • Nationality or
  • Physical disability

Question 21

Level of Scrutiny

Answer 21

**Strict scrutiny test
-Government has burden to show that law is necessary to achieve a compelling interest

**Intermediate scrutiny
**
-Gender/Illegitimacy
-Government has burden to show that law is substantially related to an important interest

**Rational Basis
-Applies to everyone else
-Plaintiff has burden to show
that law is not rationally
related to a legitimate
interest

Question 22

Due Process
Subustantive Due Process

Answer 22

Substantive Due Process
* Government is taking away or restricting a right from all of us
* Government trying to take away our right, liberty or property

Question 23

Due Process
Subustantive Due Process

Answer 23

Fundamental right🡪Strict scrutiny
* Interstate travel
* Free speech
* Right to vote
* Right to privacy
* Contraception
* Abortion (overturned)
* Marriage
* Procreation
* Education (private)
* Right to raise family
**In Florida:
* Right to privacy is a broad right
* Fundamental right to be left
alone
* Any intrusion subjects it to
strict scrutiny
* Right to work
* Whether you can become a union member or not

Question 24

Procedural Due Process

Answer 24

Government tries to take away property rights
-Government employment
-Benefits
-Licenses
Affords the right to notice and a hearing

Nonfundamental🡪Rational basis applies

Question 25

**Speech / Religion A Fundamental Right**

Answer 25

Can’t ban speech🡪Can regulate speech **Content- based** -Government trying to stop from getting message out -Subject to strict scrutiny **Content-neutral regulation** – Time, place and manner regulations -Generally constitutional -Intermediate scrutiny applies * Furthers a significant governmental interest * Leaves open alternative means of communication (another way/time)

Question 26

**Religion🡪 A Fundamental Right**

Answer 26

**Free exercise clause** – Each citizen has the right to practice his/her religion any way he/she chooses -Government must remain neutral -If government intends on prohibiting/stopping the practice of religion🡪violation of free exercise clause -If government has law that’s neutral but law affects stops practice of religion🡪 constitutional -Can’t break the law in name of religion **Establishment Clause ** -Government can’t pass a clause that establishes religion (SEX)

Question 27

Other Bill Issues

Answer 27

**Access to courts** No law can deny you access to courts🡪having your day in court Can’t deny the right to a jury trial **Sunshine Law** -Government has to meet and function in the “Sunshine” public **Criminal Procedure** -Miranda-citizen afforded their miranda warnings

Question 28

**What are the two types of bonds mentioned?**

Answer 28

**Revenue bonds** -Project generates revenue -No vote/referendum required **General Obligation Bonds** -Backed by full faith and credit -Vote/referendum required -Does NOT generate revenue ## Footnote Revenue bonds are backed by revenue generated from the project, while General Obligation Bonds are backed by the state's full faith and credit.

Question 29

Miscellaneous

Answer 29

**Eminent domain** * Government taking private property for public purpose; and * Provides full compensation & * Fair market value of property **Inverse condemnation** * The building of the project is condeming the property * Economic value so significantly reduced that its worthless ## Footnote This law promotes transparency in government operations.

Question 30

Nuisance

Answer 30

**Private nuisance** Unreasonable interference with individual’s use and enjoyment of land **Public nuisance** * Affect the community as a whole * Must prove special harm

Question 31

What is the standard for search and seizure under the Florida constitution?

Answer 31

Probable cause is required to conduct a search ## Footnote This standard protects individuals against unreasonable searches by government agents.

Question 32

What does the term 'inverse condemnation' refer to?

Answer 32

Economic value of property is significantly reduced due to a government project ## Footnote Inverse condemnation occurs when government actions affect property value without formal condemnation procedures.

Question 33

What does the term 'police power' refer to?

Answer 33

State's power to pass laws for health, safety, and welfare of its citizens ## Footnote It allows states to enact legislation for the public good as long as it does not conflict with federal laws.

Question 34

True or False: The government can prohibit the practice of religion.

Answer 34

False ## Footnote The government must remain neutral and cannot prohibit religious practices unless it conflicts with other laws.

Question 35

What is the burden of proof for laws affecting gender under intermediate scrutiny?

Answer 35

Government must show that the law is substantially related to an important interest ## Footnote This standard applies to laws that differentiate based on gender.