[Cl2] E4 // Fl(Cl) L/cj

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Florida Constitutional Law

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Laws || Article 5 || FCL

[CL1] E4 // FL(CL) F12

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Requirements for Laws: (4)

Enacted laws must meet certain criteria to be valid:

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Generally, to be valid (constitutional) the law:

(1) Cannot be VAGUE - It must be clearly worded so that a person of average intelligence can understand;

(2) Cannot be OVERBROAD (i.e., Prohibits constitutionally protected activities as well as activities that aren't protected); and

(3) Must be REASONABLY RELATED to the "health, safety, morals, or welfare" of the people.

(4) Must be ENACTED in accordance with the requirements set forth in the Florida Constitution. [Four FLC requirements: S.A.M.E.]

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Requirements for Laws:

Statute Form - FLC requirements: (4) S.A.M.E.

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(i) SINGLE SUBJECT - Every law must have only one subject that is expressed in the title of the act. -The test is whether there is a "Natural & Logical Connection" among the sections.

(ii) ADEQUATE TITLE - Subject must be briefly expressed in the title.

(iii) MUST BE SET OUT - Text of the original statute amended that is being revised must be set out.

(iv) ENACTING CLAUSE - "Be it enacted by the Legislature of the State of Florida."

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Governor Duties: Passage of Laws

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Every bill passed by Legislature must be "presented" to the Governor for approval... And the bill becomes a law if Governor:

(a) Approves and signs it, OR

(b) Fails to veto it w/in 7 days after presentation.

- If during that period Legislature adjourns, or takes a recess of more than 30 days, or the Legislature adjurnes before the presentation, then the Governor has 15 days.

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Special legislative Sessions

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The Governor may call a SLS by PROCLAMATION that states its purpose.

Only laws that can be enacted during a SLS are ones:
(a) W/in the PURVIEW of the proclamation OR
(b) Passing by 2/3 VOTE of members of each house.

SLS are limited to 20 days, unless extended by 2/5 vote of members of each house.

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Categories of Law:

GENERAL LAW

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General Laws apply UNIFORMLY STATEWIDE to ALL PERSONS and CIRCUMSTANCES.A law may be a general law because it is FACIALLY applicable statewide, although it currently may have only very limited real applicability.

- A statute is a general law if it operates uniformly throughout the state, even though it applies to only one classified group, as long as it is a reaosnable classification based on some difference reasonably related to the subject matter regulated.

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Categories of Law:

Special Laws

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SPECIAL LAWS are laws that relate to, or designated to operate on, KNOWN specific persons or things in a specifically indicated part of the state.

- NOTICE or REFERENDUM is REQUIRED

To pass a Special Law: (i) NOTICE of intention to seek its enactment must be published in a newspaper of general circulation in each affected county; or (ii) approved by REFERRENUM VOTE of electors of the area affected.

A special law is NOT converted into a general law by the legislature's tresting and passing it as a general law.

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Categories of Law:

General Law of Local Application

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A GLLA is law limited to a geographic area that is established by POPULATION.

- The law will apply to an area restricted by a MIN. & MAX. pop. figure (i.e., a pop. ref. such as, "not < 70,000 not > 80,000").

- A GLLA is distinguishable from a SL in that it DOES NOT REQUIRE Notice or Referendum.

- A law that uses a geographical classification in its terms, but which has an important statewide purpose or impact, may be a valid general law.

Prohibited GLLA and SLs = B/c certain subjects are so important that the FLC requires statewide uniformity. This uniformity is assured by a prohibition against SLs or GLLA dealing with, among other things, punishment of crimes.

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Categories of Law:

What GENERAL LAWS are subject to attack?

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Categories of Law:

GENERAL LAWS that clearly apply only to known, specific individuals or geographic areas and that exclude others are subject to attack both as equal protection violations and as improperly enacted special laws.

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Prohibited Laws (3)

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(i) Prohibited Ex Post Facto Laws -- Criminalizes previously legal behavior

(ii) Prohibited Bills of Attainder -- Act of the legislature that provides for the punishment of an individual w/o judicial trial.

(iii) Prohibited SLs and GLLA:
• SL cannot be used to grant a privilege to a private corporation.
• The Florida constitution requires statewide uniformity as to certain important subjects and thus prohibits SLs or GLLAs w/ respect to: (a) Election, jurisdiction or duties of officers; (b) Assessment or collection of taxes for state or county purposes; (c) Rules of evidence; (d) Punishment for crimes; (e) Petit juries; and (f) Venue.

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FL Court System:

Limitations on Standing

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The FLC contains no express limitation on standing and no "cases and controversies" language.

Nevertheless, FL has developed conventional standing concepts through case law, and as a result, standing under teh FL constitution is roughly equivalent to standing under the US Constitution.

(1) A person must have a concrete stake in the outcome of the case;

(2) There must be redressability; (Not moot)

(3) A decision in the party's favor could eliminating her grievance.

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FL Court System:

Art. V of the FLC vests the JUDICIAL POWER in...

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The FLC vests the judicial power in:
1 Supreme Court;
5 District Courts of Appeal (DCA);
20 Circuit courts; and
67 County courts.

-No other courts may be established with the exception that the legislature may establish by general law a civil traffic hearing officer system to hear cases involving traffic infractions.

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FL Court System:

The FL Supreme Court has exclusive jurisdiction to do what?

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Jurisdiction of all the FL courts is established in Art. V of the FLC.

The FL Supreme Court has exclusive jurisdiction to PROMULGATE THE RULES OF PRACTICE & PROCEDURE in all courts and to supervise the administration of all courts.

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Florida Supreme Court Jurisdiction (Generally):

The FL Supreme Court generally has (i) ____ _____ Jurisdiction; (ii) ________ Jurisdiction; (iii) Jurisdiction to ____ ____; and (iv) ________ Jurisdiction.

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FL Supreme Court generally has (i) LIMITED APPELLATE jurisdiction; (ii) DISCRETIONARY jurisdiction; (iii) Jurisdiction to ISSUE WRITS; and (iv) ADMINISTRATIVE jurisdiction.

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FL Supreme Court Jurisdiction:

Common instances when an appeal may be taken to the FL Supreme Court as a MATTER OF RIGHT include: (2)

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Common instances when an appeal may be taken to the FL Supreme Court as a MATTER OF RIGHT include:

(i) FINAL DECREES of Circuit Courts imposing the DEATH PENALTY; and

(ii) Decision by the DCA DECLARING a STATE STATUTE or provision of the FLC INVALID.

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FL Supreme Court Jurisdiction:

Common instances where the FL Supreme Court possesses DISCRETIONARY Jurisdiction to review decisions of a DCA include: (3)

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FL Supreme Court possesses DISCRETIONARY Jurisdiction to review decisions of a DCA include:

(i) DCA decisions that Expressly or Directly CONFLICT with a decision of another DCA or the FLSC on the same question of law;

(ii) Decisions that expressly CONSTRUE a PROVISION of the FLC or the USC; and

(iii) Decisions that are of GREAT PUBLIC IMPORTANCE.

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DCA Jurisdiction (Generally):
District Courts of Appeal Jurisdiction (Generally):

The DCA possess (i) _______ Jurisdiction to review decisions in limited situations; (ii) ________ Jurisdiction, and (iii) Jurisdiction to ____ _____.

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District Courts of Appeal Jx (Generally):

The DCA possess:

(i) Mandatory (i.e., nondiscretionary) jurisdiction to review decisions in limited situations;

(ii) Discretionary jurisdiction; and

(iii) Jurisdiction to Issue Writs.

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District Courts of Appeal - Mandatory Jurisdiction: (3)

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DCA Mandatory Jurisdiction:

(i) Final Orders of TRIAL COURTS NOT directly appealable to the FLSC or a Circuit Court are appealable to the DCA;

(ii) Final orders (except those by the Public Service Commission) are reviewable; and

(iii) Non-final orders of trial courts as provided by FLSC rules are appealable.

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District Courts of Appeal - Discretionary Jurisdiction: (3)

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DCA - Discretionary Jurisdiction:

(i) Final orders of Circuit Courts acting in their review capacity are themselves reviewable;

(ii) Nonfinal orders of Circuit Courts that depart from the essential requirements of law, and for which no appeal is provided, are reviewable; and

(iii) Nonfinal orders of state agencies, where review of the final order would not provide an adequate remedy, may also be heard by a DCA.

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Circuit Court Jx (Generally):

Circuit Courts have (i) ______ Jx; (ii) ____ Jx; and (iii) Jx to ____ _____.

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Circuit Courts have (i) APPELLATE Jx; (ii) TRIAL Jx; and (iii) Jx to ISSUE WRITS.

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County Court Jx (Generally):

COUNTY Courts are exclusively ____ courts. They also have Jx over what?

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COUNTY Courts are exclusively TRIAL courts. They also have Jx over all EQUITABLE DEFENSES in a case otherwise properly before the court.

Additionally, County Courts have CONCURRENT JX with the CIRCUIT COURT to hear LL-T cases and Real Property lien foreclosure cases involving claims that do NOT EXCEED $15K.

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Miscellaneous FLC Issues:

SEPARATION OF POWERS
Delegation of Power

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SEPARATION OF POWERS: In contrast to the USC, the FLC expressly incorporates the Doctrine of Separation of Powers, mandating separation of the Executive, Judicial and Legislative branches of government.

DELEGATION: The Legislature CANNOT DELEGATE the POWER to make LAW or fundamental POLICY decisions.

However, the Legislature MAY allow EXECUTIVE AGREEMENTS to MAKE RULES via statute.

Accordingly, the STATUTE MUST PROVIDE sufficient GUIDELINES and STANDARDS so that the AGENCIES are MERELY IMPLEMENTING POLICY determined by the legislature, and NOT determining policy themselves.

EXCEPTION to the G/R regarding Legislative Delegation: The legislature MAY NOT delegate to an executive agency the right to define the elements of a CRIME or to create criminal PENALTIES.

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Miscellaneous Constitutional Issues:

Judicial Qualifications Commission

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Judges and justices are subject to the power of the judicial qualifications commission to investigate and recommend removal or reprimand by the supreme court of FL for unfitness of office. Magistrates are not subject to the investigations and recommendations of the judicial qualifications commission.

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Miscellaneous FLC Issues:

Amendments to the FL Constitution

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Vote Required - 60% Must Approve:

Any changes in the FL constitution must be APPROVED by a VOTE of at least 60% of the PEOPLE VOTING on the measure.

Method of Adding Proposals to a Ballot:

There are 5 methods/ways by which changes to the FL constitution may be proposed and placed on the ballot for approval by a vote of the people. Proposal may be made by:
(1) Legislature;
(2) Constitution revision committee;
(3) Initiative of the people;
(4) Constitutional amendment, or
(5) Taxation and budget reform commission.

Note: A proposed amendment is limited to a single subject.

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Miscellaneous FLC Issues:

Impairment of Obligation of Contracts

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Both the FLC and USC prohibit state laws retroactively impairing the obligation of contracts. If a law impairs an existing K, whether the will be valid depends on whether the State IS or IS NOT a party to the K...

If a law SUBSTANTIALLY IMPAIRS RIGHTS under an EXISTING K, it will be VALID ONLY IF: (1) The law serves an IMPORTANT and LEGITIMATE PUBLIC INTEREST; and (2) The law is a REASONABLY and NARROWLY TAILORED means of promoting the important and legitimate public interest. [Intermediate Scrutiny]

BALANCING TEST: When the state is NOT a party to the K, the courts have balanced (a) the DEGREE to which a party's K RIGHTS are statutorily IMPAIRED against (b) the EVIL the govt is attempting to remedy through the law.

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Eminent Domain - Requirements

Pursuant to the FLC, the govts in FL (both St and LG) have the power to take private property provided that:
(1) "Taking" is for a PUBLIC PURPOSE;
(2) Upon a reasonable NECESSITY; and
(3) Upon the FULL COMPENSATION to the owner.

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➢ "Taking" Occurred? - The initial question is whether a "taking" by the government has actually occurred. This is a question of law to be determined by the JUDGE.

• "Taking" means appropriating private property under color of legal authority, and devoting it to public use or otherwise injuriously affecting it such that the owner is substantially ousted and deprived of all beneficial enjoyment for a substantial period.

➢ (1) Necessity - The "taking" must be reasonably necessary for a public purpose. It must serve the greatest public benefit while creating the least possible inconvenience.

• Eminent domain may be used in congested areas to create public parks: Landowner could challenge the reasonable necessity of the
condemnation (e.g., if there are already a lot of public parks around).

➢ (2) Public purpose - must benefit the state in a "tangible and foreseeable way" (e.g., parks, airports, utility companies, hospitals, colleges, slum clearance, and other public facilities)

➢ (3) Full Compensation - property owners are entitled to "full compensation" if an actual "Taking" has occurred.

• "Full compensation" is calculated according to the fair market value (FMV) of the property @ the time of the taking (and include attorney's fees). FMV can be indicated by the recent sales in the are as well as the possible income the property could generate. Determining the FMV (i.e., what is "full compensation" to P) is a question for the JURY.

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Sovereign Immunity:
(Generally)

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The FLC permits a waiver of the state's traditional immunity to lawsuit.

By statute, suit may be brought against the state (including all branches of government and agencies thereof) and against counties and municipalities. However, the statute provides a cap on damages.

Effective October 1, 2011, the statuary cap on waiver of sovereign immunity for tort claims is $200K on a claim or judgement by any one person, and $300K per incident or occurrence.

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Sovereign Immunity:

Planning vs. Operational Test

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The traditional test of whether a government's alleged negligence is actionable is a "Planning vs. Operational" Test: The govt entity is IMMUNE from suit for its PLANNING decisions; it is SUBJECT TO SUIT for its OPERATIONAL decisions.