Legislature

Question 1

A law must not be ____. Rather, it must be clearly worded so the average person of common intelligence will understand what is prohibited & what is permitted.

Answer 1

Vague

Question 2

A law cannot be _____. It cannot prohibit constitutionally protected activities as well as those that are not constitutionally protected.

Answer 2

Overbroad

Question 3

What are the 4 requirements for laws mandated by the FL Constitution?

Answer 3

STAC

(1) Must be limited to a (S)ingle subject

•May only cover one subject & matter properly connected therewith

(2) Must have an adequate (T)itle

•Subject matter must be briefly expressed in title of act

(3) No (A)mendment by reference to title

•The text of the original statute being amended must be set out in the act. New text must be underlined & deleted text must be stricken through.

(4) Must have enactment (C)lause

•Every bill must state: “Be it enacted by the Legislature of the State of Florida.”

Question 4

What is the “window period” for challenging laws for single-subject violations?

Answer 4

The “window period” during which a law may be attacked generally runs from:

(1) the effective date of the challenged law

until

(2) the effective date of the law that reenacted the challenged law as part of the legislature’s annual adoption of the Florida Statutes.

Question 5

How may single-subject violations be cured?

Answer 5

General RULE:

(1) Through the annual adoption process

When laws (session laws) passed by the legislature are adopted & codified during the annual adoption process,

the restriction of Art III, Sec. 6 pertaining to one subject matter & notice in the title no longer apply.

Exception to general rule:

(1) Legislative amendment of the offending session laws into two distinct bills

&

(2) subsequent reenactment of two distinct bills into separate laws cures the single subject violation.

** A law passed in violation of the requirements of Art III, Section 6, is invalid until such time as it is reenacted for codification into the Florida Statutes.

Question 6

Are appropriations bills subject to the single-subject requirement?

Answer 6

YES! They are subject to a STRICT single-subject requirement.

Art. III, Sec. 12: “Laws making appropriations for salaries of public officers & other current expenses of the state shall contain provisions on no other subject.”

Question 7

What is the single-subject test for appropriations bills?

Answer 7

Two-part test:

(1) If a provision in an appropriations bill changes existing law on any subject other than appropriations, it is invalid.
(2) A qualification or restriction must directly & rationally relate to the purpose of the appropriation to which it applies.

Question 8

When are laws effective?

Answer 8

(1) the date listed on the statute;

OR

(2) on the 60th day after the adjournment of the legislative session in which the statute was enacted

Question 9

Describe how a bill can become law without any action by the governor.

Answer 9

A bill must be passed by a majority of both houses.

A bill becomes law, without the governor’s signature, if the governor fails to veto it or sign it within 7 days after it is presented to him.

Exception:

• The 7-day period is extended to 15 days if the legislature adjourns sine die (for an indefinite period) during the 7-day period, or takes a recess in excess of 30 days.

Question 10

How does the governor’s veto work?

Answer 10

GENERAL RULE

The governor possesses the authority to veto a bill enacted by the legislature, but the veto generally must extend to the ENTIRE bill (i.e. no line-item veto).

EXCEPTION:

(1) The governor can use a line-item veto in a general appropriations bill.
(2) HOWEVER, he cannot veto any qualification or restriction (condition) in a general appropriations bill without also vetoing the appropriation to which it relates.

Question 11

Can a governor’s veto be overridden?

Answer 11

Yes—by 2/3 vote of EACH house.

Question 12

What are the 3 categories of laws?

Answer 12

General laws

Special laws

General laws of local application

Question 13

What is a general law?

Answer 13

It is a law that applies uniformly throughout the state.

Question 14

What is a special law?

Answer 14

A special law is a law that singles out a particular person, object, location, or class for special treatment.

It relates to specific people, places (geographic areas) or things.

Question 15

What are the requirements for a special law to be valid?

Answer 15

There must be:

(1) NOTICE (OR Pre-enactment notice) (ex: in newspaper in the area)

OR

(2) REFERENDUM

• Vote of the electors of the effected area
• Special laws CANNOT pertain to any of the 20 forbidden categories.

Question 16

Are special laws prohibited in any county in FL?

Answer 16

There may be no special laws for Dade County.

Question 17

What is a general law of local application?

Answer 17

A population-based law; it will apply to an area restricted by a minimum & maximum population figure.

Question 18

What is required for a general law of local application to be valid?

Answer 18

(1) Subject matter of the population act must be reasonably related to the population classification;
(2) The population act must be open-ended;

It must not be tied to a particular census, but must allow local gov’t units to grow into & out of the designated population brackets.

(3) The population act cannot pertain to any of the 20 forbidden categories.

Question 19

What are the 20 forbidden categories for special laws & general laws of local application?

Answer 19

1. election, jurisdiction or duties of officers, except officers of municipalities, chartered counties, special districts or local governmental agencies;
2. assessment or collection of taxes for state or county purposes, including extension of time thereof, relief of tax officers from due performance of their duties, & relief of their sureties from liability;
3. rules of evidence in any court;
4. punishment for crime;
5. petit juries, including compensation of jurors, except establishment of jury commissions;
6. change of civil or criminal venue;
7. conditions precedent to bringing any civil or criminal proceedings, or limitations of time thereof;
8. refund of money legally paid or remissions of fines, penalties or forfeitures;
9. creation, enforcement, extension or impairment of liens based on private contracts, or fixing of interest rates on private contracts;
10. disposal of public property, including an interest therein, for private purposes;
11. vacation of roads;
12. private incorporation or grant of privilege to a private corporation;
13. effectuation of invalid deeds, wills or other instruments, or change in the law of descent;
14. change of name of any person;
15. divorce;
16. legitimation or adoption of persons;
17. relief of minors from legal disabilities;
18. transfer of any property interest of persons under legal disabilities or of estates of decedents;
19. hunting or fresh water fishing;
20. regulation of occupations which are regulated by state agency; or
21. any subject when prohibited by general law passed by a three-fifths (3/5) vote of the membership of each house. Such law may be amended or repealed by like vote.

•Note: Paragraph 21 allows the legislature to expand the scope of prohibited special laws with a general law passed by 3/5 vote of the membership.