Outline w/ Deff FL Con law

Question 1

Homestead

Answer 1

If you have a primary resid in FL its protected from a forced sale by creditors and
$1K of personal property

Elements:
- has to be primary residence
- has to be owned by natural person
has to be claimed before any crreditors claim
-acreage: .5 acre of contiguious land in municipality or 160 acres of contiguous land outside municipality

Super creditors
- Mortage
- Property taxes
- Mechanics lein

Question 2

Abandonment

Answer 2

You abandon if you leave the property and express and intent not to return

Question 3

Devise

Answer 3

If I own it FSA I can do what ever I want with it. You cannot devise your homestead if theres a surviving spouse and/or a minor child. The surviving
spouse gets a LE and child gets a REM.

Question 4

Property

Ad Valorem

Answer 4

Property taxes and taxes on tangible personal property.

• You only pay prop taxes to local county government not to the state.
• Theres no state income tax in FL we only pay federal income tax

Question 5

homestead exemptions

2 25K exemptions

Answer 5

Two $25,000 exemptions off your property value for homestead exemption

• It comes off FMV of house so $50K off

Question 6

Mills

Answer 6

Rate: the ad valorem taxes are calculated by millage rate (MILS). A formula to determine how much prop taxes u pay. This rate has to be uniform across all homes based on the tax rate.

Question 7

Portability

Answer 7

when a FL resident sells 1 homestead and move to another homestead have to file new homestead for the new house. They allow you to take the property exemption amount (its portable) to the new residence

Your tax amount is portable from one house to another.

Question 8

Tenancy by the entirety

Answer 8

Tenancy by the entirety: Tween married couples husband and wife

FL presumed that husband and wife own land as tenancy by entirety fro homestead. Which means there is right of survivorship and 1 spouse may not convey without others consent.

Question 9

Bill Statue-

Formalities

Answer 9

Title: There needs to be a title

• There has to be an enactment clause: “be it enacted that”
• It has to be for a valid purpose (reasonably related to a public welfare.
• Has to comply with single subject rule: AKA the bill can only be about 1 thing.
  There cannot be any log rolling- throwing in extra issues than the bill
• Vagueness: The bill cannot be vague. It has to be a clearly worded bill so an average person can understand. Cnt be overbroad either.

Question 10

Bill Statue-

Police power

Answer 10

There is no federal police power
- If state and federal law not in conflict state law can be more restrictive but cannot be less restrictive.

Question 11

Bill Statue-

Single subject title enactment

Answer 11

AKA the bill can only be about 1 thing.
There cannot be any log rolling- throwing in extra issues than the bill

Question 12

Bill Statue-

Separation of powers

Answer 12

1 branch may not encroach on another’s powers: The FL constitution expressly incorporates separation of powers into the constitution.

Question 13

Bill Statue-

What kind of law is it?

Answer 13

General law: Applies to the entire state uniformly (everyone)

Special law: Only applies to a group of people or a geographic area

General law of local application: Population act. Applies to areas with specific
population.

Question 14

Bill Statue-

Standing

Answer 14

Personal injury at stake

Question 15

Bill Statue-

Equal Protection

Answer 15

Due process

Substantive (all people)- The government is taking away or regulating one of our rights (liberties)
fundamental rights- apply strict scrutiny
- Speech
-Interstate travel
-Right to vote
Right to privacy (CAMPER)
- if not one of these then rational basis applies

Procedural (individual)- When government tries to take away a property right
- Jobs (gov)
- Licenses (gov)
- Benefits (gov)
- You are afforded notice and a hearing. Make sure the right has vested

-Strict: RAN
Gov has burden show necessary and compelling

-Intermediate: Gender, illegitimacy
Gov has burden to show its substantially related to an important interest

-Rational: Everyone else
Plaintiff has burden to show its not rationally related to a legitimate interest

Question 16

Bill Statue-

Speech

Answer 16

Deff: fundamental right- cant ban but can regulate

2 kinds
Content based: Government is trying to stop any form of you getting your message out.
- Strict scrutiny

Content Neutral: When the government is not trying to stop the message from getting out, there are just
regulating the time, place and manner of the speech.
-Generally will be constitutional if furthers a significant government interest and
leave open alternative means of communication.

Question 17

Bill Statue-

Religion

Answer 17

Free exercise clause
Every individual shall have the right to exercise their religion any way they choose.

The government must remain neutral. Constitutional even if effects stops them from practicing as long as gov was neutral as to religion.
If government is intentionally trying to stop them from practicing their religion that is
unconstitutional.

Question 18

Bill Statue-

Access to courts

Answer 18

in fl no law can deny you your access to court (having your day in
court)

Question 19

Bill Statue-

Right to jury trial

Answer 19

no FL law can deny you your right to jury trial

Question 20

Bill Statue-

Sunshine law

Answer 20

the government cannot act if it deprives the public of knowing whats
going on. It has to be out in open to public (out in the sunshine).

Question 21

Bonds

Bonds

Answer 21

2 kinds
Revenue: If the project has to be for public purpose, it generates revenue its
called a revenue bond. The money comes from the project itself. Ie: Tolls, admissions. No referendum (vote) is required because the thing is going to pay
for itself.

General obligation bonds: The government is building project but it does not generate revenue buy itself. Its backed by the full faith and credit of the state.

AKA theyre promising you because they are the government theyre going to pay you back from the general tax revenue they take in. A vote or referendum is required.

Question 22

Bonds

Taking

Answer 22

Eminent domain (taking): The government can take private property for public purpose
as long as they pay full compensation (FMV) in FL.

Inverse condemnation: Economic value of my property has been so significantly reduced that its basically worthless. Way theyre managing the project reduces the economic value of my land that im kicked out, its basically a taking.

Question 23

Bonds

Nuisance

Answer 23

private or public
Private: Do unreasonably interfere with use of John’s land

Public: Is effecting the community at large. John (priv Plaintiff) has to prove special harm

Question 24

Bonds

Equal protection/ due Process

Answer 24

Due process

Substantive (all people)- The government is taking away or regulating one of our rights (liberties)
fundamental rights- apply strict scrutiny
- Speech
-Interstate travel
-Right to vote
Right to privacy (CAMPER)
- if not one of these then rational basis applies

Procedural (individual)- When government tries to take away a property right
- Jobs (gov)
- Licenses (gov)
- Benefits (gov)
- You are afforded notice and a hearing. Make sure the right has vested