Florida Constitutional Law

Front 1

FL equivalent to Bill of Rights and location in FL constitution

Back 1

Declaration of Rights, FL Constitution Article I

Front 2

Equal protection clause explicitly covers (strict scrutiny):

Back 2

race, religion, national origin, physical disability

Front 3

Strict scrutiny: law upheld only if

Back 3

government can show is necessary to achieve compelling interest

Front 4

FL Constitution Article I is ______, equivalent to _____.

Back 4

Declaration of Rights; Bill of Rights

Front 5

Standard of review for laws discriminating based on race

Back 5

Strict scrutiny

Front 6

Standard of review for laws discriminating based on religion

Back 6

Strict scrutiny

Front 7

Standard of review for laws discriminating based on national origin

Back 7

Strict scrutiny

Front 8

Standard of review for laws discriminating based on physical disability

Back 8

Strict scrutiny

Front 9

Standard of review for laws discriminating based on age

Back 9

Rational basis

Front 10

Rational basis: law struck down if

Back 10

challenger can show isn't rationally related to legitimate government interest

Front 11

Contents of FL due process clause

Back 11

No person shall be deprived of life, liberty or property without due process of law

Front 12

Location of FL due process clause

Back 12

Article I, Section 9

Front 13

What private organizations are covered by procedural due process?

Back 13

Those exercising a quasi-public function (e.g. professional organizations)

Front 14

Contents of FL search and seizure clause

Back 14

The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. This right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court.

Front 15

Location of FL search and seizure clause

Back 15

Article I, Section 12

Front 16

Contents of FL access to courts clause

Back 16

The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay.

Front 17

Location of FL access to courts clause

Back 17

Article I, Section 21

Front 18

How final are final orders?

Back 18

You get at least one appeal.

Front 19

Two prohibited access to courts laws

Back 19

1) abolishes cause of action
2) restricts person's day in court

Front 20

When can the legislature abolish a right of access to courts?

Back 20

1) When it provides a reasonable alternative
2) No other alternative can be found and there is overpowering public necessity

Front 21

What proceedings have a constitutional right to a jury trial?

Back 21

Criminal proceedings, civil proceedings where right existed at time first FL constitution became effective in 1845

Front 22

What proceedings do not have a constitutional right to a jury trial?

Back 22

Civil commitment, eminent domain, equitable proceedings

Front 23

Content of right to privacy clause

Back 23

Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein.

Front 24

Right to privacy greater or equal to federal Constitution?

Back 24

Greater than.

Front 25

Standards of review for right to privacy greater than or equal to federal Constitution?

Back 25

Equal to.

Front 26

Rights regarding medical treatment

Back 26

Right to choose or refuse, if competent

Front 27

Content of access to public records clause

Back 27

Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution.

Front 28

Location of access to public records clause

Back 28

Article I, Section 24

Front 29

Location of right to privacy clause

Back 29

Article I, Section 23

Front 30

Content of access to public meetings clause

Back 30

All meetings of any collegial public body of the executive branch of state government or of any collegial public body of a county, municipality, school district, or special district, at which official acts are to be taken or at which public business of such body is to be transacted or discussed, shall be open and noticed to the public and meetings of the legislature shall be open and noticed as provided in Article III, Section 4(e), except with respect to meetings exempted pursuant to this section or specifically closed by this Constitution.

Front 31

Location of access to public meetings clause

Back 31

Article I, Section 24

Front 32

Content of right to work clause

Back 32

The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization. The right of employees, by and through a labor organization, to bargain collectively shall not be denied or abridged. Public employees shall not have the right to strike.

Front 33

Location of right to work clause

Back 33

Article I, Section 6

Front 34

Standard of review for right to work

Back 34

strict scrutiny

Front 35

Content of separation of powers clause

Back 35

The powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein.

Front 36

Location of separation of powers clause

Back 36

Article II, Section 3

Front 37

When is delegation of legislative power allowed?

Back 37

Legislature can use a statute to let executive agencies make rules, if provide sufficient guidelines/standards so that agencies are implementing policy instead of making policy

Front 38

When is delegation of legislative power not allowed?

Back 38

Power to make law, power to make fundamental policy decisions, right to define elements of crime, right to create criminal penalties

Front 39

Requirements for laws

Back 39

1) Clear wording
2) Not overbroad
3) Reasonable relationship to health/safety/morals/welfare of the people
4) In accordance with constitutional requirements.

Front 40

Are general laws allowed?

Back 40

Yes.

Front 41

What are general laws?

Back 41

Laws that are facially applicable uniformly statewide to all persons/circumstances.

Front 42

General laws can apply only to one classified group if...

Back 42

Reasonable classification based on difference reasonably related to subject matter regulated.

Front 43

Are special laws allowed?

Back 43

Sometimes.

Front 44

When are special laws allowed?

Back 44

1) notice of intention to seek enactment published in newspaper of general circulation in each affected county, or
2) Law only effective on approval by referendum vote of electors of area affected

Front 45

What are special laws?

Back 45

Laws designed to operate on known specific persons/things or in specific part of state.

Front 46

Types of courts in FL

Back 46

Supreme court, district courts of appeal, circuit courts, county courts, (opt.) civil traffic court

Front 47

Who can promulgate rules of practice and procedure for courts?

Back 47

FL Supreme Court only

Front 48

FL Supreme Court jurisdiction

Back 48

Limited appellate jurisdiction, discretionary jurisdiction, jurisdiction to issue writs, administrative jurisdiction.

Front 49

Instances of mandatory jurisdiction for FL Supreme Court

Back 49

1) Final decrees of circuit courts imposing death penalty;
2) DCA decisions declaring state statute/provision of constitution invalid

Front 50

Instances of discretionary jurisdiction for FL Supreme Court

Back 50

1) DCA decisions expressly/directly conflicting with another DCA decision/supreme court on same Q of law
2) Expressly construe state/federal Constitution
3) Are of great public importance

Front 51

Jurisdiction of DCA

Back 51

limited appellate jurisdiction, discretionary jurisdiction, jurisdiction to issue writs

Front 52

Mandatory jurisdiction of DCA

Back 52

1) Final orders of trial courts not directly appealable to Supreme Court or circuit courts
2) Final orders of state agencies (except Public Service Commission)
3) Nonfinal orders of trial courts as provided by supreme court rules

Front 53

Discretionary jurisdiction of DCA

Back 53

1) Final orders of circuit courts acting in review capacity
2) Nonfinal orders of circuit courts that depart from essential requirements of law for which no appeal provided
3) Nonfinal orders of state agencies, where review of final order would not provide adequate remedy

Front 54

Jurisdiction of circuit courts

Back 54

Appellate, trial, writs

Front 55

Jurisdiction of trial courts

Back 55

trial, equitable defenses in case otherwise properly before court, landlord-tenant and real property lien foreclosure cases <= $15K

Front 56

Home rule powers belong to:

Back 56

Counties and municipalities

Front 57

What can charter counties do?

Back 57

Lets county have all powers not inconsistent with general law or with special law approved by elector vote. May enact any ordinance not inconsistent with general law.

Front 58

What can non-charter counties do?

Back 58

Enact ordinances as provided by general or special law.

Front 59

Conflict of laws: State v. county

Back 59

State wins

Front 60

Conflict of laws: County v. municipality

Back 60

Municipality wins if county nonchartered. Chartered counties usually win, b/c county charters usually have supremacy clauses.

Front 61

What taxes can the state enact?

Back 61

Ad valorem (property taxes)

Front 62

What ad valorem taxes can local governments enact?

Back 62

Real estate, tangible personal property

Front 63

What ad valorem taxes can't local governments enact?

Back 63

Intangible property, motor vehicles, boats, airplanes, trailer coaches, trailers, mobile homes

Front 64

What ad valorem taxes can state enact?

Back 64

Intangible property <= 2 mills

Front 65

What is a mill?

Back 65

Millage rate

Front 66

How do you calculate mills?

Back 66

($1 per $1000 value) * # of mills authorized

Front 67

What is exempt from ad valorem tax?

Back 67

1) Property owned by municipality and used exclusively for municipal/public purposes.
2) New business/expanding businesses granted an exemption by ordinance and referendum by county/municipality

Front 68

Restrictions on non-tax fees

Back 68

1) Peg amount of fee to per capita cost of facility
2) Use of fee must be applied toward facility

Front 69

When can't the state borrow money?

Back 69

For ordinary operating expenses

Front 70

When can the state borrow money?

Back 70

For capital improvements, for public purpose.

Front 71

How does the state borrow money?

Back 71

Revenue bonds or general obligation bonds

Front 72

How does the state withdraw money from the Treasury?

Back 72

Must be appropriated by law

Front 73

What can't revenue bonds be backed by?

Back 73

Tax revenues, rents or fees paid from state tax revenues

Front 74

Is a referendum needed for a revenue bond issue?

Back 74

No.

Front 75

What are general obligation bonds backed by?

Back 75

Tax revenue

Front 76

How can revenue bonds be used?

Back 76

Public purpose

Front 77

How can general obligation bonds be used?

Back 77

Financing/refinancing capital projects.

Front 78

When do you need a vote to approve general obligation bonds?

Back 78

If payable from ad valorem taxes and mature more than 12 months after issuance.

Front 79

Exceptions to homestead exemption: Homestead property is subject to forced sale to satisfy:

Back 79

1) Taxes/assessment against the property
2) Mortgages on the property
3) Mechanics' liens for labor performed on the property

Front 80

Size of homestead exemption

Back 80

1) 0.5 contiguous acres inside municipality, limited to owner's residence; or
2) 160 contiguous acres outside municipality, including improvements

Front 81

How do you forfeit the homestead exemption?

Back 81

Abandon the property.

Front 82

Is abandonment of homestead property a question of fact or law?

Back 82

Question of fact.

Front 83

You sell your homestead. Are the proceeds exempt?

Back 83

Yes, if you have a good-faith intent to invest them in another homestead within a reasonable time. Only what gets invested in the new homestead is protected.

Front 84

When can't you devise homestead?

Back 84

When you are survived by your spouse or minor child.

Front 85

If survived by spouse and no minor children, where can you devise homestead?

Back 85

Spouse.

Front 86

If survived by spouse and one or more descendants, and homestead improperly devised, where does it go?

Back 86

Life estate to spouse, vested remainder to descendants per stirpes.

Front 87

How does per stirpes work?

Back 87

Each branch gets an equal share.

Front 88

If A dies, leaving 3 sons, B, C, and D, how is A's money divided per stirpes?

Back 88

They each get 1/3.

Front 89

If A dies, leaving 2 sons, C and D, and 2 grandchildren, E and F, who belonged to his deceased son B, how is A's money divided per stirpes?

Back 89

C and D each get 1/3. E and F each get 1/6.

Front 90

When can FL take private property?

Back 90

For public purposes upon reasonable necessity and full compensation.

Front 91

In the taking of private property for government purposes, what does public purpose mean?

Back 91

Something that benefits state in tangible and foreseeable way.

Front 92

Is whether there has been a taking a question of law or fact?

Back 92

Law.

Front 93

What is inverse condemnation?

Back 93

Cause of action for state effectively depriving owner of use of property even though didn't directly take it.

Front 94

Can you bring suit against the sovereign?

Back 94

Yes.

Front 95

Limitations on suit against the sovereign?

Back 95

$100,000 damages cap generally. Tort claims cap $200,000 on claim/judgment by any one person, $300,000 per incident/occurrence.

Front 96

When is government negligence actionable?

Back 96

Operational decisions

Front 97

When isn't government negligence actionable?

Back 97

Planning decisions

Front 98

When can the state impair the obligation of existing contracts?

Back 98

1) Serves important/legit public interest; and
2) Is reasonably and narrowly tailored means to promote interest

Front 99

How do you amend the FL Constitution?

Back 99

Vote of at least 60% of people voting on measure. Proposals can be made by:
1) Legislature
2) Constitution Revision Committee
3) Initiative of the people
4) Constitutional amendment
5) Taxation and Budget Reform Commission

Front 100

Limitations on FL Constitutional amendments?

Back 100

Single-subject rule

Front 101

Judicial Qualifications Commission jurisdiction:

Back 101

Judges and justices, but not magistrates.