Legislature

Question 1

Requirements for Laws - General

Answer 1

1. Cannot be Vague (must be clearly worded so the average person of common intelligence will understand what is prohibited and what is permitted)
2. Cannot be Overbroad (a law is overbroad if it prohibits constitutionally protected activities as well as activities that are not protected)

Question 2

Requirements for Laws - Constitutional

Answer 2

1. Must be limited to a single subject properly connected therewith
2. Must have an adequate title
3. No amendment by reference to the title
4. Must have an enactment clause: “Be It Enacted by the Legislature of the State of Florida

Question 3

Window Period for Asserting Single Subject Violation Runs

Answer 3

from the effective date of the challenged law until the effective date of the law that reenacted the challenged law as part of the legislature’s annual adoption of the Florida Statute

annual adoption process

Question 4

Exception to the Single Subject Rule

Answer 4

Legislative amendment of the offending session law into 2 distinct bills and subsequent reenactment of two distinct bills into 2 separate laws

Question 5

Appropriation Bills

Answer 5

Art. III, § 12: laws making appropriations for salaries of public officers and other current expenses of the state shall contain provisions on no other subject.

Question 6

Appropriation Bills - Firestone Test

Answer 6

2 prong test to determine if appropriation bill violates art. III, § 12:

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

Question 7

Effective Date of a Bill

Answer 7

• bill is passed by a majority vote of both houses
• date listed in statute
• 60th day after the adjournment of the legislative session in which the statute was enacted

Question 8

Governor’s Veto Power

Answer 8

• NO LINE ITEM VETO (except for appropriation bills)
• bill becomes law without the governor’s signature if he fails to sign it within 7 days after it has been presented to him
• 7 days becomes 15 days if the legislature adjourns sine die during the 7 day period or takes a recess in excess of 30 days
• 2/3 vote of each house can override the veto

Question 9

General Laws

Answer 9

apply uniformly throughout the state

Question 10

Special Laws

Answer 10

laws that single out a particular person, object, location, class for special treatment

Require:

1. Notice OR
2. Referendum - vote of the electors of the area affected
3. Not one of the prohibited areas

Question 11

General Laws of Local Application

Answer 11

laws that will apply to an area restricted by a minimum and maximum population figure.

Requires:
1. the subject matter of the population act must be reasonably related to the population qualification
the population must be open-ended (not tied to a census)
3. must not be one of the prohibited areas