Fl Constitutional Law Essay

Front 1

Declaration of Rights - (9)

Back 1

(1) equal protection
(2) due process
(3) search and seizure
(4) access to courts
(5) right to jury trial
(6) right to privacy
(7) access to public records
(8) access to public meetings
(9) right to work

Front 2

Declaration of Rights - Equal Protection

Back 2

like the US constitution, FL's constitution prives basic equal protection

the same standards of review that apply under the US Constitution apply under the FL constitution

EXPRESSLY FORBIDS discrimination based on race, religion, national origin, or physical disability (strict scrutiny...government must show that it is necessary to achieve a compelling interest)

AGE is NOT a suspect classification in FL -- for age and other nonsuspect classifications, apply rational basis test (upheld unless challenger can show that it isn't rationally related to a legitimate government interest)

Front 3

Declaration of Rights - Due Process

Back 3

the FL constitution provides that no person may be deprived of life, liberty, or property without due process of law

procedural due process in FL extends to actions by private organizations exercising quasi-public function (professional organizations)

Front 4

Declaration of Rights - Search and Seizure

Back 4

the FL constitution expressly guarantees the right of people to be seure in their persons, houses, papers, and effect against unreasonable searches and seizures

the FL constitution aldo provides that the guarantees against unreasonable search and seizure are construed in conformity with the 4th Amend to the US constitution, as interpreted by the USSC

Front 5

Declaration of Rights - Access to Courts

Back 5

the FL constitution provides that the courts are open to every person for redress of any injury

every person is guaranteed at least one appeal from a final order

a law that either abolishes a cuse of action or restircts a person's day in court is prohibited...but access may be limited if a compelling public necessity to abolish such access is shown and a reasonable alternative means of redress is provided

Front 6

Declaration of Rights - Right to Jury Trial

Back 6

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

Front 7

Declaration of Rights - Right to Privacy

Back 7

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

Front 8

Declaration of Rights - Access to Public Records

Back 8

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

Front 9

Declaration of Rights - Access to Public Meetings

Back 9

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

Front 10

Declaration of Rights - Right to Work

Back 10

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

the right to work is a part of the FL constitution's declaration of rights and is, therefore, a fundamental right....strict scrutiny is applied to these cases

a union may not negotiate a contract that would require employees to become union members or pay dues before, upon, or after hiring

Front 11

Operation of Executive Branch, Legislature, and Judiciary - Requirements for Laws

Back 11

enacted laws must meet certain criteria to be valid:
(1) a law must be clearly worded so that the average person of common inteligence will understand what is prohibited and what is permitted...any law not so worded is void on grounds of vagueness
(2) laws may not be overbroad (cannot prohibit constitutionally protected activities as well as activities that arent protected)
(3) laws must bear a reasonable relationship to the health, safety, morals, or welfare of the people
(4) laws must be enacted in accordance with the requirements set forth in the FL constitution

Front 12

Operation of Executive Branch, Legislature, and Judiciary - 2 Categories of Law

Back 12

(1) general laws
(2) special laws

Front 13

Operation of Executive Branch, Legislature, and Judiciary - General Laws

Back 13

laws that apply uniformly statewide to all persons or circumstances

a law may be a general law because it is facially applicable statewide, although it currently may have only limited real applicability

Front 14

Operation of Executive Branch, Legislature, and Judiciary - When is a Statute a General Law?

Back 14

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

Front 15

Operation of Executive Branch, Legislature, and Judiciary - What laws can be attacked as both general and special?

Back 15

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

Front 16

Operation of Executive Branch, Legislature, and Judiciary - Special Laws

Back 16

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

Front 17

Operation of Executive Branch, Legislature, and Judiciary - Requirements to Pass a Special Law

Back 17

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

Front 18

Operation of Executive Branch, Legislature, and Judiciary - Conversion of Special Laws into General Laws

Back 18

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

Front 19

Operation of Executive Branch, Legislature, and Judiciary - Court System

Back 19

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

Front 20

Operation of Executive Branch, Legislature, and Judiciary - Court System - Limitations on Standing

Back 20

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

Front 21

Operation of Executive Branch, Legislature, and Judiciary - Court System - Jurisdiction

Back 21

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

Front 22

Operation of Executive Branch, Legislature, and Judiciary - Florida Supreme Court

Back 22

the FL supreme court generally has limited appellate jurisdiction, discretionary jurisdiction, jurisdiction to issue writs, and administrative jurisdiction

Front 23

Operation of Executive Branch, Legislature, and Judiciary - Florida Supreme Court - Appeal as a Matter of Right

Back 23

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

Front 24

Operation of Executive Branch, Legislature, and Judiciary - Florida Supreme Court - Discretionary Jurisdiction

Back 24

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

Front 25

Operation of Executive Branch, Legislature, and Judiciary - District Courts of Appeal

Back 25

possess mandatory (nondiscretionary) jurisdiction to review decisions in limited situations, discretionary jurisdiction, and jurisdiction to issue writs

Front 26

Operation of Executive Branch, Legislature, and Judiciary - District Courts of Appeal - Mandatory Jurisdiction

Back 26

three situations
(1) final orders of trial courts not directly appealable to the SC or a circuit court are appealable to the district court
(2) final orders (except those by the Public Service Commission) are reviewable, and
(3) nonfinal orders of trial courts as provided by SC rules are appealable

Front 27

Operation of Executive Branch, Legislature, and Judiciary - District Courts of Appeal - Discretionary Jurisdiction

Back 27

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

Front 28

Operation of Executive Branch, Legislature, and Judiciary - Circuit Courts

Back 28

appeallate jurisdiction, trial jurisdiction, and jurisdiction to issue writs

Front 29

Operation of Executive Branch, Legislature, and Judiciary - County Courts

Back 29

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

Front 30

Local Government - Generally

Back 30

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

Front 31

Local Government - Counties

Back 31

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

Front 32

Local Government - Counties Operating under a Charter

Back 32

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

Front 33

Local Government - Noncharter County

Back 33

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

Front 34

Local Government - Conflict of Laws

Back 34

as a matter of supremacy, state laws preempt conflicting county laws (charter or noncharter)

Front 35

Local Government - County-Municipality Conflict

Back 35

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)

Front 36

Taxation and Finance - Ad Valorem Taxes - Generally

Back 36

property taxes

the county, municipality, and school district may each impose an ad valorem property tax up to the constitutional limit of 10 mills on real estate or tangible personal property (1 mill = $1 per $1,000 of value times the number of mills authorized by the particular governmental entity)

Front 37

Taxation and Finance - Ad Valorem Taxes - Exempt Property

Back 37

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

there is currently NO ad valorem tax on personal property, although the constitution allows it

philanthropic organizations are given exemptions, and exemptions may be granted to further economic development

there is a homestead exemptino for the 1st $25,000 of the value of a person's permanent residence, and counties or municipalities may grant an additional $50,000 exemption to persons older than 65 with income not exceeding $20,000

an exemption for renewable energy source devices is also available

ad valorem tax exemptions may be granted to owners of historic properties based on the character or use of the property

there is discount from ad valorem homestead taxes for FL veterans who are at least 65 years old and have a combat-related disability

Front 38

Taxation and Finance - Ad Valorem Taxes - Who May Tax Tangible Property?

Back 38

only local governments (counties, municipalities, school districts, etc), not the state, may levy ad valorem (property) taxes on real estate or tangible personal property

Front 39

Taxation and Finance - Ad Valorem Taxes - Who May Tax Intangible Property?

Back 39

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

Front 40

Taxation and Finance - Ad Valorem Taxes - What cannot be taxed?

Back 40

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)

Front 41

Taxation and Finance - Ad Valorem Taxes - Exemptions

Back 41

(1) property owned by a municiaplity and used exclusively for municipal or public purposes is exempt from taxation
**the exemption cannot be applied to property owned by a minicipality and leased to a profit-making venture**
(2) by ordinance and referendum, a county or municipality may grant an ad valorem tax exemption to new businesses and expanding existing businesses
**such an exemption applies only to improvements made to real property to expand an existing business and to tangible personal property of a new business or related to the expansion of an existing business...it does NOT apply to real property**

Front 42

Taxation and Finance - Assessment of Fees

Back 42

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

Front 43

Taxation and Finance - Finance

Back 43

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

Front 44

Taxation and Finance - Revenue Bonds

Back 44

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

Front 45

Taxation and Finance - General Obligation Bonds

Back 45

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

Front 46

Homestead Exemption from Forced Sales - Generally

Back 46

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

Front 47

Homestead Exemption from Forced Sales - Requirements

Back 47

**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

Front 48

Homestead Exemption from Forced Sales - Exceptions

Back 48

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)

Front 49

Homestead Exemption from Forced Sales - Protection based on Location

Back 49

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

Front 50

Homestead Exemption from Forced Sales - Abandonment

Back 50

homestead protection may be forfeited if the homestead is abandoned..whether the owner has abandoned is a question of fact

Front 51

Homestead Exemption from Forced Sales - Proceeds

Back 51

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

Front 52

Homestead Exemption from Forced Sales - Restraints on Devise

Back 52

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

Front 53

Eminent Domain - Taking

Back 53

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

Front 54

Eminent Domain - Compensation

Back 54

although the US constitution uses the term "just compensation" and FL uses the term "full compensation," these terms appear to be equivalent

Front 55

Eminent Domain - Public Purpose

Back 55

"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)

Front 56

Eminent Domain - Inverse Condemnation

Back 56

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

Front 57

Sovereign Immunity - Generally

Back 57

FL's constitution 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 $100,000 cap on damages

Front 58

Sovereign Immunity - Planning vs. Operational Test

Back 58

the traditional test of whether a government's alleged negligence is actionable is a "planning vs. operational" test

the government entity is immune from suit for its planning decisions, it is subject to suit for its operational decisions

Front 59

Separation of Powers - Generally

Back 59

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

Front 60

Separation of Powers - Delegation

Back 60

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

Front 61

Impairment of Obligation of Contracts - Generally

Back 61

both the FL and US constitutions prohibit state laws retroactively impairing the obligaction of contracts

Front 62

Impairment of Obligation of Contracts - If a law impairs an existing contract, can it be valid?

Back 62

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

Front 63

Impairment of Obligation of Contracts - Balancing Test

Back 63

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

Front 64

Amendments to the FL Constitution - Generally

Back 64

any changes in the FL constitution must be approved by a vote of at least 60% of the people voting on the measure

Front 65

Amendments to the FL Constitution - Method of Adding Proposals to a Ballot

Back 65

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

Proposal may be made by:
(1) the legislature
(2) the constitution revision committee
(3) initiative of the people
(4) constitutional amendment, OR
(5) the taxation and budget reform commission

NOTE: a proposed amendment is limited to a single subject

Front 66

Judicial Qualifications Commission

Back 66

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 arent subject to the investigations and recommendations of the judicial qualifications commission