Florida Constitutional Law

Front 1

Homestead Exemption

Back 1

The Florida Constitution terms certain property as "homestead," thereby protecting it from levy by creditors of the owner.

Restraints are also placed on voluntary conveyance/ devise of the property away from a spouse or minor child.

Front 2

What is the purpose of the homestead exemption?

Back 2

To protect certain property from levy be creditors of the owner

Front 3

Extent of Homestead Protection

Back 3

Inside municipality- 1/2 acre of contiguous land (limited to residence)

Outside municipality- 160 contiguous acres (includes improvements)

On exam, give rule for both and apply the one that is relevant!

Front 4

General Rules for Homestead Protection:

Back 4

1. H includes real proper AND personal property (up to $1000)

2. Natural person must INTED the property to be his private residence

3. H must be established before levy of the judgment creditor

Front 5

Homestead Protection Exceptions:

Back 5

H is subject to FORCED SALE to satisfy:

1. Taxes and assessments

2. Mortgages on the property

3. Mechanics' liens (for labor, improvements, or repairs of real property)

Front 6

Homestead Abandonment

Back 6

Homestead protection may be FORFEITED; question of fact

Front 7

Homestead Sale Proceeds

Back 7

If H is sold, proceeds retain H exemption status as long as

1. The owner has a good faith intent to reinvest in another H

2. Within a REASONABLE TIME

- Any surplus (sold fore more than repurchase) will be considered as general assets

Front 8

Eminent Domain

Back 8

ED is the power o f the state (or public utility company through legislative delegation) to

1. Take Private Property

2. For a public purpose if reasonably necessary

3. "Full Compensation" (FL) for both real and personal property is provided

Front 9

Definition of "taking"

Back 9

Appropriating under COLOR OF LEGAL AUTHORITY (state/ county/ municipality) or INJURIOUS IMPACT on the property so as to oust the owner and deprive her of all beneficial enjoyment for a substantial period of time

Question of law for the judge (whether or not a taking has occurred)

Front 10

"Public Purpose"

Back 10

Any tangible and foreseeable benefit to the state (including parks, airports, stadiums, hospitals, colleges, utility companies, etc.)

Front 11

Full Compensation

Back 11

Just compensation; determined by fair market value plus attorneys fees and prejudgment interest on expenses

Question for the jury (whether or not full compensation has been provided)

Front 12

Inverse Condemnation

Back 12

Occurs when no formal exercise of ED (no formal taking) has occurred, but the state acts in a manner to effectively deprive the use of the property (ex. noise)

Front 13

Sovereign Immunity

Back 13

The Florida Constitution permits waiver of the state's traditional immunity to a lawsuit; damages cap of $200k for any ONE PERSON and $300k for any ONE ACCIDENT (group)

Front 14

Sovereign Immunity Planning vs. Operational Test

Back 14

A government entity is immune from suit for its planning (ex. decision not to install a stop light) decisions; it is subject to suit for its operational decisions (ex. stoplight not functioning)-- the state is liable only if there is an underlying duty

Front 15

Bonds

Back 15

The state can borrow money for a PUBLIC PURPOSE (a purpose that benefits the governmental entity in a tangible and foreseeable way i.e., parks, airports, stadiums, hospitals, colleges, etc.)

Know: (1) When the government/ municipality can issue a bond (2) What kind of bond is it? (3) Did they follow proper procedures?

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General Obligation Bonds

Back 16

- Secured by a PLEDGE OF REVENUE derived from the taxation power of the issuing government entity ((Derived from taxes)

Front 17

GOBs

Back 17

- A local government may issue GOBs to finance and refinance CAPITAL PROJECTS unless the charter expressly limits or prohibits a bond issuance of the indicated purpose

- If the bonds are payable from ad valorem taxes and they will mature more than 12 months after issuance, approval by a vote of the electors is required (referendum)

Front 18

Revenue Bonds

Back 18

Not backed by the taxing power of the issuing government but are payable solely from funds derived from SOURCES other than state tax revenues, rents of rees paid from state tax revenues

- Must be for a PUBLIC PURPOSE

- No referendum required

Front 19

Access to Courts

Back 19

The Florida Constitution provides that justice shall be administered to all citizens without denial or delay and that the courts are open to every person for redress of any injury.

Front 20

If the legislature abolishes a COA or restricts a persons day in court, _________________________.

Back 20

a reasonable alternative must be provided UNLESS the legislature can show a compelling public necessity AND no alternative method for meeting the public necessity

Front 21

Unconstitutional Statutes

Requirements for valid laws:

(on exam, list ALL requirements and analyze relevant)

Back 21

- Cannot be VAGUE or OVERBROAD

- REASONABLY RELATED TO PUBLIC WELFARE

- COMPLY w/ CONSTITUTIONAL REQUIREMENTS

- Limited to a SINGLE SUBJECT -Must have ADEQUATE TITLE

- Text must be set out

- Must have an ENACTING CLAUSE

Front 22

Categories of Laws

(Watch out for prohibited special laws and general laws of local application)

Back 22

- General Laws

- Special Laws

- General Laws of Local Application

Front 23

General Laws

Back 23

Apply uniformly statewide to a ll persons and circumstances (most common)

Front 24

Special Laws

Back 24

Relate to or are designed to operate on known, specific persons or things or in a specifically indicated part of the state

- Requires notice (publication in a newspaper of general circulation) OR

- Approval by referendum

Front 25

General Laws of Local Application

Back 25

Limited to a geographic area that is established by POPULATION (look for minimum and maximum population figures)

- Do not require notice/ referendum

- Cannot have general law of local app. that deals w/ judicial procedure/ property rights/ domestic relations

Front 26

Charter Counties

Back 26

There charter will contain a supremacy clause to settle the conflict between ordinances (if they tell you charter, assume Supremacy Clause)

- If REGULATORY (regulates behavior), charter preempts municipal

- If goes beyond regulation and intrudes upon a municipality's provision of services (police, fire, etc.) then a DUAL REFERENDUM is required (court and municipality residents must both vote)

Front 27

Noncharter Counties

Back 27

Municipality always wins

Front 28

State trumps everything

Back 28

County and Municipality

Charter = kind of like a constitution

Front 29

Right to Privacy

Back 29

EXPRESSLY included in the Florida Constitution, unlike the US Constitution

- Every natural person has the right to be let alone and free from governmental intrusion into her private life

- Fundamental, so STRICT SCRUTINY applies (compelling state interest and least intrusive means)

Front 30

Equal Protection and Due Process

Back 30

Same as US Constitution

- Know standards of review

- Procedural

- Substantive

Front 31

Separation of Powers

Back 31

Encroachment- one branch of gov't usurps the function of another branch

- Unlike USC, FC EXPRESSLY incorporates this doctrine

- Delegation - legislature CANNOT delegate the power to make law or fundamental policy decisions

- Article V, Florida Constitution

Front 32

Rational Basis

Back 32

Age and Gender (Florida)

Front 33

Know Suspect Classes and Fundamental Rights

Back 33

???

Front 34

Equal Protection

Back 34

Law/ action treating people differently

Whether or not to use SS depends on whether or not a suspect class

Front 35

Due Process

Back 35

Substantive:

Procedural: