Florida Constitutional Law 48 Flashcards
What are the general requirements for a law?
A law must be clearly worded so that the average person of common intelligence will understand what is prohibited and what is permitted. Any law not so worded is void on grounds of vagueness. Moreover, laws may not be overbroad. A law is overbroad if it prohibits constitutionally protected activities as well as activities that are not protected. Laws in Florida must also bear a reasonable relationship to the health, safety, morals, or welfare of the people, and must be enacted in accordance with the requirements set forth in the Constitution.
What does the Equal Protection Clause of the Florida Constitution provide?
It expressly forbids discrimination based on race, religion, national origin, or physical disability (that is, suspect classifications).
For non-suspect classifications, what basis of review applies?
Rational basis review applies, which only requires that the act be rationally related to a legitimate government purpose. Because this is a low threshold, laws normally meet this standard.
What are the FOUR (4) procedural prerequisites for statutory validity?
All of the following must be met, or else the law will be a nullity:
- A law may cover only one subject and matter properly connected therewith
- Each section of a law must be rationally and reasonably related to a single, general goal
- The subject must be briefly expressed in the title of the act, and the text of the original statute being amended or revised must be set out in the act, at least to such extent as will make the meaning reasonably clear
- There must also be an enacting clause stating: “Be it Enacted by the Legislature of the State of Florida
What are special laws?
Special laws are laws that relate to or are designed to operate on known, specific persons or things or in a specifically indicated part of the state.
A special law may NOT be passed unless…
- Notice of intention to seek its enactment has been published in a newspaper of general circulation in each affected county; or
- The law is to become effective only on approval by referendum vote of the electors of the area affected
What does Florida’s Freedom of Religion provision provide?
It forbids the establishment of religion by the government and guarantees free exercise of religion.
Florida courts apply the Lemon test which provides:
A law amounts to an establishment of religion, unless the action:
- Has a secular purpose;
- Has a primary affect that neither advances nor inhibits religion;
- Does not produce excessive government entanglement with religion.
The right of privacy in Florida…
Is expressly included in the Florida Constitution. It provides that every natural person has the right to be let alone and to be free from governmental intrusion into his or her private life.
- Because it is included in the state constitution, Florida’s right of privacy is considered to provide more protection than the corresponding right of privacy under the U.S. Constitution
Is the right of privacy a fundamental right?
Yes, it is and any law affecting that right will be subject to strict scrutiny.
What is needed to pass strict scrutiny?
To pass strict scrutiny, the law must promote a compelling state interest, using the least intrusive means.
What does the Fourth Amendment of the U.S. Constitution provide?
It guarantees the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.
In the absence of a warrant, the reasonableness of a search is evaluated…
On a case-by-case basis
The right to bear arms
The Florida Constitution provides that people retain the right to bear arms to protect themselves and the state, but this right may be regulated by law.
What does the Florida Constitution provide regarding access to the courts?
That justice shall be administered to all citizens without denial or delay, and that the courts are open to every person for redress of any injury.
