laws Flashcards
General Requirement for Laws
In general, a law:
- Cannot be (1) vague (2) overbroad
- Must be (1) reasonably related to public welfare
Constitutional Requirements for Laws
SS/AT/SO/EC
(1) Must be limited to a single subject
(2) Must have an adequate title
(3) Text must be set out
(4) Must have Enacting Clause
Effective Date of Laws
Each law takes effect on the 60th day after the final adjournment of sessions of the legislature in which it was enacted, or as otherwise provided in the law (i.e. if the law states when it becomes effective)
Prohibited Laws
(1) Bills of Attainder-a bill passed so as to apply immediate punishment
(2) Ex Post Facto-a bill that retroactively makes an act criminal, and one is attempting to be punished under it.
(3) Laws impairing Contract Obligations-applies only to existing contracts. Future contracts do not fall under the prohibition because future contracts can easily conform to new laws. **Courts will balance the degree that the law impairs contractual obligations with the evil that the state is trying to remedy.
(4) Laws impairing any fundamental right: right to enjoy and defend life and liberty; pursue happiness; to be rewarded for industry, and to acquire/possess/protect property; marriage; travel; voting; property rights; religion; freedom of speech and the press; freedom of assembly; right to work; collective bargaining; etc.
Categories of Law
(1) General Laws
(2) Special Laws
(3) General Laws of Local Application
General Law
Apply Statewide Uniformly to all persons or circumstances.
Special Laws
Relate to specific people, places, or things
**Bar tip: if you see a law applying only to one county, think special law
Procedure for Special Law
No special shall be passed unless:
(1) Notice of intention to seek enactment has been published in a newspaper of general circulation in the affected counties,
or
(2) the law is to become effective only upon the approval by referendum vote of the electors in the area affected
General Law of Local Application
Restricted to certain locations using a CLASSIFICATION SCHEME (eg. population) so that its application is limited to specific localities.
There must be some nexus between the classification scheme and the purpose of the act.
Does not require notice or referendum.
Prohibited Special Laws and General Laws of Local Applicability
Must be regulated through General Law so that it is applied UNIFORMLY.
- Election Laws
- Officers (including school boards)
- Taxation
- Lien Creation
- Judicial Procedure
- Property and Related Rights
- Game Rights
- Domestic Relations and Related Matters (including Divorce and Adoption)
- Decedent’s Estates
- State Regulation of Certain Occupations
- Petite Juries
- Change of Venue
- Punishments for Crimes
- Conditions precedent to bring civil or criminal proceeding: if there is a requirement or obstacle to bringing a case in court, check to see if it is a special law/general law of local app. IT WILL BE CHALLENGEABLE
Process to Make an Amendment to Florida Constitution
In general, there are 5 methods for proposal:
(1) Change or Amendment
(2) Revision
(3) Means of Proposing Change-needs 60% elector approval to become law
Means of Proposing Change (to Fl Constitution)
Needs 60% elector approval to become law.
(1) Supermajority vote of legislature-3/5 vote by joint resolution and then voters will vote on it
(2) Revision convention can propose
(3) Constitutional convention can propose
(4) Ballot Initiative-Petition receiving a certain amount of signatures bypasses the legislature and is sent to the voters.
(5) Taxation and Budget Reform convention can propose amendments
Ballot Initiative (as one of the means of proposing change to Florida Constitution)
Requires a specific number of signatures in order to satisfy. Bypasses the Legislature and is sent to voters to vote.
- Has to be limited to a SINGLE SUBJECT-objects are related by dominant common scheme
- Must have Economic Impact Statement
- Must be represented accurately on the ballot
