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66 Cards in this Set
- Front
- Back
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Declaration of Rights - (9) |
(1) equal protection |
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Declaration of Rights Equal Protection |
like the US constitution, FL's constitution prives basic equal protection |
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Declaration of Rights Due Process |
the FL constitution provides that no person may be deprived of life, liberty, or property without due process of law |
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Declaration of Rights Search & Seizure |
the FL constitution expressly guarantees the right of people to be seure in their persons, houses, papers, and effect against unreasonable searches and seizures |
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Declaration of Rights Access to Courts |
the FL constitution provides that the courts are open to every person for redress of any injury |
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Declaration of Rights Right to Jury Trial |
there is a constitutional right to trial by jury in criminal proceedings and in civil proceedings where the right existed at the time FL's 1st constitution became effective in 1845...this means that there is no constitutional right to trial by jury in civil commitment, eminent domain, or equitable proceedings |
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Declaration of Rights Right to Privacy |
in contrast to the US constitution, the right to privacy is expressly included in the FL constitution...every natural person has the right to be let alone and free from governmental intrusion into her private life
because it is expressly provided in the state constitution, FL's right to privacy is considered to provide more protection than the corresponding right to privacy under the federal constitution the standards of review under the FL constitution and the federal constitution are identical a competent person has the constitutional right to choose or refuse medical treatment and to make other relevant decisions concerning her health |
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Declaration of Rights Access to Public Records |
every person has a 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 local government, or persons acting on their behalf, except those records made confidential by FL's constitution |
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Declaration of Rights Access to Public Meetings |
FL's sunshine law provides that all meetings of a state or local government public body at which official acts are taken, or at which public business is transacted or discussed, must be open, and teh public must be given notice of them |
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Declaration of Rights Right to Work |
the FL constitution prohibits union shops and provides that no person may be denied a job because of membership or nonmembership in a labor union |
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Operation of Executive Branch, Legislature, and Judiciary Requirements for Laws |
enacted laws must meet certain criteria to be valid: |
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Operation of Executive Branch, Legislature, and Judiciary 2 Categories of Law |
(1) general laws |
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Operation of Executive Branch, Legislature, and Judiciary General Laws |
laws that apply uniformly statewide to all persons or circumstances |
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Operation of Executive Branch, Legislature, and Judiciary When is a Statute a General Law? |
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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Operation of Executive Branch, Legislature, and Judiciary What laws can be attacked as both general and special? |
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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Operation of Executive Branch, Legislature, and Judiciary Special Laws |
laws that relate to, or are designed to operate on, known specific persons or things in a specifically indicated part of the state
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Operation of Executive Branch, Legislature, and Judiciary Requirements to Pass a Special Law |
a special law may not be passed UNLESS:
(1) notice of intention to seek its enactment has been publichsed in a newspaper of general circulation in each affected county, OR (2) the law is to become effective only on approval by referendum vote of the electors of the area affected |
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Operation of Executive Branch, Legislature, and Judiciary Conversion of Special Laws into General Laws |
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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Operation of Executive Branch, Legislature, and Judiciary Court System |
FL's constitution vests the judicial power in a supreme court, district courts of appeal, circuit courts, and 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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Operation of Executive Branch, Legislature, and Judiciary Limitations on Standing |
the FL constitution 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 |
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Operation of Executive Branch, Legislature, and Judiciary Jurisdiction |
jurisdiction of all the FL courts is established in Article V of the FL constitution, which provides that the FL supreme court has exclusive jurisdiction to promulgate rules of practice and procedure in all courts and to supervise the administration of all courts
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Operation of Executive Branch, Legislature, and Judiciary Florida Supreme Court |
the FL supreme court generally has limited appellate jurisdiction, discretionary jurisdiction, jurisdiction to issue writs, and administrative jurisdiction
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Operation of Executive Branch, Legislature, and Judiciary Appeal as a Matter of Right |
common instances when an appeal may be taken to the FL supreme court as a matter of right include:
(1) final decrees of circuit courts imposing the death penalty and (2) decisions by district courts of appeal declaring a state stuatute or provision of teh state constitution invalid |
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Operation of Executive Branch, Legislature, and Judiciary Discretionary Jurisdiction |
common instances of FLSC disretionary jurisdiction to review decisions of district courts of appeal include:
(1) expressly or directly conflict with a decision of another district court of appeal or the supreme court on the same question of law (2) expressly construe a provision of the state or federal constitution (3) are of great public importance |
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Operation of Executive Branch, Legislature, and Judiciary District Courts of Appeal |
possess mandatory (nondiscretionary) jurisdiction to review decisions in limited situations, discretionary jurisdiction, and jurisdiction to issue writs
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Operation of Executive Branch, Legislature, and Judiciary Mandatory Jurisdiction |
three situations: |
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Operation of Executive Branch, Legislature, and Judiciary Discretionary Jurisdiction |
three situations:
(1) final orders of circuit courts acting in their review capacity are themselves reviewable (2) nonfinal orders of circuit courts that depart from the essential requirements of law, and for which no appeal is provided, are reviewable (3) nonfinal orders of state agencies, where review of the final order wouldnt provide an adequate remedy, may also be heard by district courts of appeal |
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Operation of Executive Branch, Legislature, and Judiciary Circuit Courts |
appeallate jurisdiction, trial jurisdiction, and jurisdiction to issue writs
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Operation of Executive Branch, Legislature, and Judiciary County Courts |
are exclusively trial courts
they also have jurisdiction over all equitable defenses in a case otherwise properly before the court additionally, county courts have concurrent jurisdiction with the circuit courts to hear landlord-tenant and real property lien foreclosure cases involving claims that dont exceed $15,000 |
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Local Government Generally |
counties and municipalities are the two most important units of local government in FL
they overlap each other geographically in what is called a two-tiered form of government both counties and municipalities have "home rule" powers, meaning they may govern themselves by their own ordinances |
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Local Government Counties |
a county is a political subdivision of the state
a county may be chartered or nonchartered chartering a county broadens the scope of local government power |
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Local Government Counties Operating under a Charter |
counties operating under a charter may have all powers not inconsistent with general law or with special law approved by vote of teh electors, and may enact any ordinance that isnt inconsistent with general law
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Local Government Noncharter County |
the county commissioner of a noncharter county may enact ordinances as povided by general or special law
thus, the authority for noncharter county ordinances is general and special law |
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Local Government Conflict of Laws |
as a matter of supremacy, state laws preempt conflicting county laws (charter or noncharter)
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Local Government County-Municipality Conflict |
if there is a conflict between a county ordinance and a municipal ordinance, the municipality always prevails in the conflict if the county is nonchartered
if the county is chartered, the charter will contain a supremacy clause to settle the conflict between ordinances dealing wih the provision of services (police, fire, housing, etc) |
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Taxation and Finance - Ad Valorem Taxes Generally |
property taxes |
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Taxation and Finance - Ad Valorem Taxes Exempt Property |
municipally owned property generally is exempt, but this exemption canNOT be applied to property owned by a municipality and leased to a profit-making venture |
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Taxation and Finance - Ad Valorem Taxes Who May Tax Tangible Property? |
only local governments (counties, municipalities, school districts, etc), not the state, may levy ad valorem (property) taxes on real estate or tangible personal property
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Taxation and Finance - Ad Valorem Taxes Who May Tax Intangible Property? |
only the state (as opposed to local governments) may levy an ad valorem tax on intangible property, such as notes, bonds, and other obligations for the payment of money, but the tax may not exceed two mills
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Taxation and Finance - Ad Valorem Taxes What cannot be taxed? |
no government in FL may impose ad valorem taxes on motor vehicles, boats, airplanes, trailers, trailer coaches, or mobile homes (although license fees on these items are permissible)
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Taxation and Finance - Ad Valorem Taxes Exemptions |
(1) property owned by a municiaplity and used exclusively for municipal or public purposes is exempt from taxation |
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Taxation and Finance Assessment of Fees |
local governments may supplement revenue through the assessment of fees against users of government facilities
as fees aren't taxes, there need not be state enabling legislation fees, however, have restrictions as to amount and use: (1) the amount of the fee must be pegged to the per capita cost of the facility and (2) use of the fee must be applied toward the facility |
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Taxation and Finance Finance |
the state must be self-sufficient:
(1) it may NOT borrow for the purpose of maintaining ordinary operating expenses, but may generally borrow for capital improvements, such as buildings, bridges, roads, or airports (2) the state may borrow funds for a public purpose by using either revenue bonds or general obligation bonds (3) no money may be withdrawn from the treasury unless it was appropriated by law |
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Taxation and Finance Revenue Bonds |
revenue bonds are NOT backed by the taxing power of the issuing government
they are payable solely from funds derived from sources other than tax revenues, rents or fees paid from state tax revenues a bond issue must be for a public purpose the FL constitution doesnt require a referendum for a revenue bond issue |
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Taxation and Finance General Obligation Bonds |
are secured by pledge of the revenue derived from the taxation power of the issuing government entity
local governments may issue these bonds to finance and refinance capital projects however, if the bonds are to be payable from ad valorem taxes and they will mature more than 12 months after issuance, approval by vote is required |
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Homestead Exemption from Forced Sales Generally |
FL constitution terms certain property as "homestead" thereby protecting it from levy by creditors of teh owner
restraints are also placed on voluntary conveyances of the property away from a spouse and on devise of the property away from a spouse or minor child |
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Homestead Exemption from Forced Sales Requirements |
**there is no relation between this homestead exemption and the homestead tax exemption**
for homestead protection to apply, the homestead must be established before the levy of the judgment creditor |
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Homestead Exemption from Forced Sales Exceptions |
there are some exceptions to the homestead protection
homestead property is subject to forced sale to satisfy: (1) taxes and assessment against the property (2) mortgages on the property (3) mechanics' liens (for labor performed on the property) |
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Homestead Exemption from Forced Sales Protection based on Location |
the extent of homestead protection depends on where the property is located
INSIDE THE MUNICIPALITY: if the homestead is located inside a municipality, it may extend to 1/2 acre of contiguous land and is limited to the residence of the owner OUTSIDE THE MUNICIPALITY: if the homestead is located outside a municipality, it is protected to the extent of 160 contiguous acres, including improvements |
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Homestead Exemption from Forced Sales Abandonment |
homestead protection may be forfeited if the homestead is abandoned..whether the owner has abandoned is a question of fact
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Homestead Exemption from Forced Sales Proceeds |
if the homestead is sold, the proceeds are considered to retain homestead exemption status, provided the owner has a good-faith intent to invest the proceeds in another homestead within a reasonable time
only the amount of proceeds reinvested is protected a surplus will be considered as general assets of the debtor |
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Homestead Exemption from Forced Sales Restraints on Devise |
the restraints on the devise of homestead property apply only to solely owned property
real property owned by the decedent and surviving spouse as tenants by teh entirely isnt homestead property...it pases by the right of survivorship in all cases the homestead may NOT be devised if the owner is survived by a spouse or minor child if the owner isnt survived by minor children, the homestead MAY be devised to the owner's spouse if no spouse or minor children survive, the homestead MAY be devised to whomever the owner chooses if the homestead is improperly devised, it descends in the same manner as other intestate property |
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Eminent Domain Taking |
the US constitution prohibits governmental taking of private property for public use without just compensation
FL has sovereign power to take private property for public purposes upon reasonable necessity and full compensation FL courts have held that whether there has been a taking is a question of law for a judge...the owner isnt entitled to a jury determination on this question |
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Eminent Domain Compensation |
although the US constitution uses the term "just compensation" and FL uses the term "full compensation," these terms appear to be equivalent
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Eminent Domain Public Purpose |
"public purpose" doesnt mean simply for a specific public function, but rather something which in a broad sense benefits the state in a tangible and foreseeable way (airports, utility companies, hospitals, other public health facilities, colleges, etc)
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Eminent Domain Inverse Condemnation |
even if there has been no formal exercise of eminent domain, the courts have recognized that whenthe state acts in a manner that effectively deprives the owner of the use of his property, a cause of action by the property owner arises in "inverse condemnation"
actions in inverse comdemnation have been permitted where the noise from n airport facility disturbed the owners' use of their property |
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Sovereign Immunity Generally |
FL's constitution permits a waiver of the state's traditional immunity to lawsuit |
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Sovereign Immunity Planning vs. Operational Test |
the traditional test of whether a government's alleged negligence is actionable is a "planning vs. operational" test |
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Separation of Powers Generally |
in contrast to the US constitution, the FL constitution expressly incorporates the doctrine of of separation of powers, mandating separation or the executive, judicial and legislative branches of government
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Separation of Powers Delegation |
the legislature cannot delegate the power to make law or fundamental policy decisions
it may allow executive agreements to make rules via statute however, the statute must provide sufficient guidelines and standards so that the agencies are merely implementing policy determined by the legislature, not determining policy themselves EXCEPTION: 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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Impairment of Obligation of Contracts Generally |
both the FL and US constitutions prohibit state laws retroactively impairing the obligaction of contracts
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Impairment of Obligation of Contracts If a law impairs an existing contract, can it be valid? |
if a law substantially impairs rights under an existing contract, it will be valid only if:
(1) it serves an important and legitimate public interest, and (2) it is a reasonably and narrowly tailored means of promoting the interest |
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Impairment of Obligation of Contracts Balancing Test |
when the state isnt a party to the contract, the courts have balanced the degree to which a party's contract rights are statutorily impaired against the evil the government is attempting to remedy through the law
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Amendments to the FL Constitution Generally |
any changes in the FL constitution must be approved by a vote of at least 60% of the people voting on the measure
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Amendments to the FL Constitution Method of Adding Proposals to a Ballot |
there are 5 ways in which changes to the FL constitution may be proposed and placed on the ballot for approval by a vote of the people |
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Judicial Qualifications Commission |
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 |
