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44 Cards in this Set
- Front
- Back
Limitations on Powers
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FL constitution limits powers (instead of enumerating powers)
This is in the 10 Amendment of the state constitution. |
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Allocation of Power
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Specific language in the state constitution can:
a. Act as a limitation of the state’s power by allocating the authority to a particular branch of the government. b. Reaffirm existing authority. |
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Separation of Powers
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Article II, section 3:
The powers of state government are divided between the legislative, executive, and judicial branches FL constitution expressly separates powers (unlike federal) |
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Encroachment
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One branch of government cannot encroach another branch's obligations and duties
**Look to see if multiple branches are "mucking around together": 1. state the issue - encroachment on separation of powers 2. state rule - unlike federal constitution, FL expressly incorporates separation of powers in the state constitution 3. analysis - state whether it is obvious or not - what can the branch at issue do; what it is actually doing; whether that is another branch's role 4. conclude - therefore, it is or is not encroaching |
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Legislative Sessions
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1. Regular Sessions
2. Gubernatorial Special Sessions (emergency or crises) --Must be declared by a proclamation --Can last no more than 20 days --Usually focus on a specific issue |
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Presentation of Bill
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1. Every bill passed by the legislation must be presented to the Governor for his approval and signature
2. A bill becomes a law if: --The Governor signs the bill --The Governor does not veto the bill within 7 days of presentment. |
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Bill Requirements (Formalities)
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1. Law cannot be vague: the average person of common intelligence must be able to understand what is permitted or prohibited.
2. Law cannot be overbroad: “all,” “anything,” etc. 3. Needs a title, which must notify a reader of its subject matter. 4. Must have an Enacting Clause: “Be it enacted in the state of Florida.” 5. Must be reasonably related to the public welfare. 6. Must comply with the single subject rule. |
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Types of laws
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Three types:
1. Special law; 2. General law; and 3. General law of local application. |
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Special law
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Applies to a certain group or geographic area.
Must be passed with notice and a vote from the affected people. |
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General law
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Applies uniformly throughout the state.
No vote necessary to pass. |
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General law of local population
(Population Act) |
**look for a population #
Applies specifically to areas or counties with specific population. |
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Levels of Courts
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1. Supreme Court
2. District Courts of Appeal 3. Circuit Courts 4. County Courts |
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Counties
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Have the Home Rule Power
Two types: 1. chartered 2. non-chartered |
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Home Rule Power
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Enables county government to create law through ordinances, and in some cases resolutions, without having to return to the legislature to get a grant of authority.
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Chartered Counties
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More official.
Have more power. Can pretty much do whatever they want so long as it does not conflict with general or special law |
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Non-chartered Counties
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Less official.
Can only do things that are actually allowed by a general or special law |
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Municipalities
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1. Municipalities are incorporated areas (e.g., towns, cities, village, etc.)
2. Municipalities may be created or abolished and their charters amended pursuant to general and special law. 3. Municipalities have their own Home Rule Power. |
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Conflicts
(Local Government) |
County vs. Municipal:
1. if non-chartered county - municipality wins 2. if chartered county - has supremacy clause which will say who wins (only if re: regulation of services) 3. if chartered county re: regulatory subject matter--chartered county wins |
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Preemption
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State vs. County:
Legislature has limited ability to preempt local government police power State wins |
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Taxation (general)
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There is neither income not estate tax in Florida.
Laws give the state the power to tax The state has broad taxing power. Local taxes should be at a uniform rate. |
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Ad velorum
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On real property and tangible personal property.
Ad valorem taxes may be levied by the local government only. |
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What type things can be taxed? (2)
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1. ad velorum - personal and tangible personal property
--local only 2. intangible property (stocks, bonds, etc.) --state only |
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Tax Exemptions (general)
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1. state
2. homestead |
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Tax Exemption (State)
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Generally, the state cannot be taxed.
Property owned by a government entity and that is exclusively for public purposes cannot be taxed. BUT this exemption does not apply to property owned by a city but leased to private company that is using it for profit—this can be taxed. |
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Tax Exemption - Homestead Exemption
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A homestead is one’s primary residence.
For tax purposes, the property taxes (ad valorem) now get two exemptions. 1) Up to $25,000 is exempt from taxation except for assessments for special benefits. ($25,000 is subtracted from the value of the property before the mileage formula is applied.) 2) Effective January 1, 2008, there is an additional $25,000 exemption on non-school taxes for valuation between $50,000 and $75,000. |
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Portability
(Homestead) |
If you have a homestead and you buy a new house, the deal is that it allows you to take the value of property taxes on property A and bring that value to your new house (in order to continue paying a lower property tax rate). There are time requirements.
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Homestead Requirements
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1. The owner must establish that he has ownership.
2. Timeline: Must make sure you establish ownership before anyone can make a claim against you. 3. Acreage Requirement |
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Acreage Requirement
(Homestead) |
a) If located outside the municipality, a homestead is 160 acres or less of contiguous land and the improvements on the land.
b) If located in a municipality or incorporated area, a homestead is one-half acre or less of contiguous land and the improvements on the land. |
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Creditor Exceptions
(Homestead) |
a. For the payment of taxes and assessments on the house (e.g., property taxes)
b. The obligations arising out of the purchase of the house (i.e., the mortgage) c. Any work that occurs on the property (e.g. build a swimming pool—contractors can get at your property to receive payment). |
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Surviving Spouse Rights
(Homestead) |
The exemptions on forced sale and encumbrance also run to the benefit of the surviving spouse and heirs of the owner.
1. A homestead cannot be devised if there is a surviving spouse and a minor child. 2. In this case, a life estate is created in the surviving spouse, with the minor child taking a vested remainder interest. **If tenancy by entirety (married), cannot devise without spouse's consent |
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Termination of Homestead
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1. Transfer:
If validly transfer, can be to anyone. (if own with spouse, must have spousal approval_ 2. Abandon |
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Abandoning Homestead
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a. Permanently given up possession of the homestead;
b. Expressing an intention to no longer utilize the property as a homestead; and c. No intent to return within a reasonable time. |
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Transfer Homestead
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The owner of a homestead may transfer ownership of the homestead by:
a. Mortgage b. Sale c. Gift |
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Core Miscellaneous Provisions
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1. Equal protection
2. Due Process 3. Religion – FEC and EC 4. Speech |
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Equal Protection
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No person can be deprived of any right due to:
a. Race b. Religion c. National origin d. Physical disability |
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Freedom of Religion
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No law may:
a. Prohibit or penalize the free exercise of religion; or b. Establish a particular religion [Lemon Test] Exception: the practice of religion may not break the law or violate the public morals or peace in the name of religion. |
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Freedom of Speech
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Defamation: truth is the absolute defense
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Due Process and the Right to Work
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The right of a person to work cannot be denied or restricted due to membership in any labor union or organization.
Apply strict scrutiny |
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Access to Courts
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1. The government cannot do anything that would deny one’s right to get into court to get redress from injury.
2. If the legislature restricts access to the court system, it must a) provide a reasonable alternative; or b) show there is no other way to accomplish an overwhelming public need. |
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Search & Seizure
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Search: infringing on right to expectation of privacy
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Right to Trial by Jury
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The right to trial by jury is guaranteed to all and must remain inviolate.
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Right to Privacy
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Fundamental right—government has to refrain from intruding—cannot pass a law which would infringe on a private right.
Apply strict scrutiny—compelling interest. |
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Sunshine Law
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"out in the open"
All meetings of a state or local government public body that conduct official business must be open to the public and the public must be given notice. |
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Eminent Domain
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No private property may be taken by the state except:
a. If for public purpose b. If necessary to do it c. Pay full compensation Public purpose can be for projects that are owned by private individuals or developers (the developments go to jobs, tax dollars, stimulus for the economy (e.g., shopping malls, real estate developments) |