Outline w/ Deff FL Con law Flashcards
Homestead
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
Abandonment
You abandon if you leave the property and express and intent not to return
Devise
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.
Property
Ad Valorem
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
homestead exemptions
2 25K exemptions
Two $25,000 exemptions off your property value for homestead exemption
- It comes off FMV of house so $50K off
Mills
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.
Portability
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.
Tenancy by the entirety
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.
Bill Statue-
Formalities
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.
Bill Statue-
Police power
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.
Bill Statue-
Single subject title enactment
AKA the bill can only be about 1 thing.
There cannot be any log rolling- throwing in extra issues than the bill
Bill Statue-
Separation of powers
1 branch may not encroach on another’s powers: The FL constitution expressly incorporates separation of powers into the constitution.
Bill Statue-
What kind of law is it?
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.
Bill Statue-
Standing
Personal injury at stake
Bill Statue-
Equal Protection
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
Bill Statue-
Speech
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.
Bill Statue-
Religion
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.
Bill Statue-
Access to courts
in fl no law can deny you your access to court (having your day in
court)
Bill Statue-
Right to jury trial
no FL law can deny you your right to jury trial
Bill Statue-
Sunshine law
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).
Bonds
Bonds
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.
Bonds
Taking
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.
Bonds
Nuisance
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
Bonds
Equal protection/ due Process
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
