If a provision in FL Con is similar to one in US Con, which one is controlling?
FL's if it is more restrictive then the Fed's
What will us su ct do if a state cons determination rests on state or both fed and state grounds?
Will not review under doctrine of adequate state grounds, if the state ground sustains the judgment it will be upheld
canons of construction:
ascertain and give effect to the intent of the framers and voters who approved amendments, considerations of sound public policy or convenience only used when there's ambiguity in language of con, must consider document as a whole in construing any provision, can't adopt construction that would render inoperative/superfluous any other provision
race, religion, national origin, physical handicap
Religious freedom cannot be abused to justify:
practices inconsistent with public morals, peace or safety
public revenues and sectarian/religious groups:
Cannot be used to aid directly or indirectly
How can public revenues further religious ends and not be in violation of const?
furthers both secualar and religious ends and state could not have reasonably attained secular goals by other means
explain right to work?
closed or union shops are prohibited, non-union member can't be required to pay dues, fines or other charges as condition of employment
Do employees have the right to bargain collectively through a labor organization?
Do public employees have the right to strike?
Does the legislature have the right to eliminate collectively bargained pay raises with public employees?
example where FL Su Ct struck down law curtailing economic bargaining power of public:
Dept of Insurance v. Dade Co Consumer Adv Office - statute prohibited insurance agents from accepting a lower commission from their customers. Deprived consumer's property w/out DP. (Stat either did not promote general welfare or did not bear a reasonable relationship to avowed purpose
Example where FL Ct struck down criminal statute/law on DP grounds:
State v. Willams, possession of machinery designed to reproduce ccs was prohibited, state v walker - prescribed controlled substances must be kept in original container. Crimimalized inherently innocent activities and did not further legislative objective of prevention of credit fraud/drug abuse (means must be reasonable and substantial)
when is a statute not applied retroactively?
when it affects a substantive right by a substantial change in liability
test for ex post factor law:
Does the law attach legal consequences to crimes committed before law took effect and does the law affect prisoners who committed those crimes in a disadvantageous fashion, if so void as applied to prisoners. If the change is procedural, considerations don't apply
Bills of attainder are:
legislative acts which inflicts punishment on a named individual or on easily ascertainable members of a group without a judicial trial and are forbidden
When is the obligation of contract impaired?
When the substantive rights of the parties thereunder are changed or where new and different liabilities are imposed however they may be constitutional if they are reasonable and necessary for an important public purpose even if retroactive
3 protected interests w/r/t right to privacy:
right to be secure from unwarranted govt surveillance and intrusion into private affairs, decisional autonomy on personally intimate matters (e.g. marriage), and protection against disclosure of personal matters
The court in City of N. Miami v. Kurtz held constitutional privacy guarantees of the FL Con ___ ?
Only applied to govt'l action
State right to privacy is a fund right which can be interfered with how, by whom?
State can interfere for a compelling state interest and accomplishes its goal through the use of the least intrusive means
example of right or privacy not implicated.
City of N. Miami v. Kurtz job applicants signing affidavit that they have not used tobacco products for at least 1 year because regulation did not interfere with an aspect of life in which there was a legitimate expectation of privacy
FL Cont right to be free from govtl intrusion applies only to whom and specifically excepts what?
Natural persons only, public records and meetings
explain victims rights:
victims and their lawful representative (next of kin in homicides) have the right to be informed, present, and heard when relevant at all crucial stages of criminal proceeding provided they don't interfere with accused's rights
exceptions to imprisonment for debt:
fraud, ordered by court to pay and has ability to but willfully refuses to comply, contempt orders for child, spouse support (and 2nd exception)
no warrant may issue except upon:
probable cause, supported by affidavit, particulalry describing the place to be searched, the person(s), thing(s) to be seized, communication to be intercepted, nature of evidence to be obtained
Changes to registration or election procedures must be prescribed by what?
When can registration or election procedures be prescribed by law?
In statutorily created governmental entities such as special districts
Registration and election procedures can be struck down if what?
They are constitutionally invalid
Requirements to be in a elector:
must be a citizen of the US, at least 18 years old, and a permanent resident of the state and county were registered to vote
List disqualifications to being able to vote.
Persons adjudicated mentally incompetent or convicted of a felony
Can a person who is disqualified to vote ever be qualified to vote again?
Yes when the civil rights have been restored or the disability has been removed
Revenue for state operating costs must be raised how?
The Constitution requires that tax laws must provide sufficient revenues to cover the entire budget and no part of the operating costs may be funded by the sale of state bonds or promises to pay the future (loans)
What entities can administer an ad valorem tax on real estate and/or tangible personal property?
County and municipal governments and special districts can but the state cannot
Are county or municipal governments or special districts able to impose other taxes aside from Ad valorem taxes?
No all other forms of taxation are preempted by the state
Are most vehicles such as cars boats and mobile homes subject to ad valorem taxes?
no they are only subject to a license tax for their operation
Does anyone pay an income tax in Florida?
Yes corporations and other artificial business entities that are creatures of state and federal law are subject to a 5% income tax
Two requirements for imposing an ad valorem tax:
They must be at a uniform rate within each taxing unit and they must be based on a just valuation
Exceptions to the just valuation rule:
agricultural high water and recreational land, stock in trade and livestock, homestead exemption, historic property, living quarter for owner's parent, grandparent or spouse
How does the just valuation exception for living quarters for a parent grandparent or spouse work?
If the property's value was increased as a result of constructing a place to live for that person and if one of those persons the space was constructed for is at least 62 years old, a reduction of the value of the construction or 20% of the total assessed value will be given, whichever is less
Properties exempt from taxation:
Public property, municipal property used exclusively for municipal or public purposes, portions of property used predominantly for educational, literary, scientific, religious or charitable purposes, at least $1000 on household goods and personal effects for the head of a family
What kind of local taxes can a county, school district, or municipality levy?
Taxes authorized by statute and ad valorem taxes not on intangible personal property or taxes that are constitutionally prohibited
For a homestead to be conveyed:
the consent of both spouses is required
Describe the properties entitled to receive homestead protection.
Property may not exceed 160 acres of contiguous land plus all improvements on it if the real estate is located outside a municipality. If located within a municipality the property is limited to one half acre of contiguous land and the actual residence of the owner or his family
Explain the homestead exemption from forced sale.
A general judgment creditor cannot levy against the homestead for debts of the owner during the owners life or during the administration of his estate after death as long as there is a spouse minor child or other dependent entitled to homestead protection
How can a lien attached after homestead protection be established?
If the owner and spouse jointly mortgage the homestead or if the lien is imposed for fraud or material misrepresentation
Exceptions in which creditors may reach the homestead property:
satisfaction of purchase money mortgages, material men's and mechanics liens, tax liens or assessments
When can a decedent devise his homestead anyway he wishes?
When the decedent is survived by adult children and no minor children and the surviving spouse has waived homestead rights by antenuptial agreement
When is a married owner's spouse not necessary to join in a conveyance of the homestead?
In a conveyance from one spouse to the other
What happens if the owner is survived by a spouse and they have no minor children?
The property may be devised only to the spouse
What happens if the owner is survived by any minor children?
The spouse gets a life estate and the children possess the remainder interest
Explain the status of coverture in Florida:
the constitution eliminates any distinction between married women and married men in the holding control disposition or encumbering of their property whether real or personal
Explain Florida's limited waiver of sovereign immunity in tort actions:
the state and its agencies and subdivisions are subject to liability for any situation in which a private individual would be liable if the acts or omissions were done by the state's employee acting within the scope of his employment
The individual is personally liable and the state is not if:
the employee has acted in bad faith or with a malicious purpose or with wanton, willful disregard of the rights, property or safety of others. Or if he has acted outside the scope of his employment
Private property may be taken only for a ______?
Public purpose with full compensation to be paid to the owner or secured by a deposit in the registry of the court and available to the owner
A condemnation or a taking by the state of a private property raises what issues?
The taking clause in both the state and federal Constitution which are similar and the due process clause of the fifth and 14th amendment
Explain inverse condemnation:
Where the government interferes with an owners use and enjoyment of his property as to constitute a taking for which compensation must be made.The interference must be as to substantially oust the owner and deprive him of all beneficial enjoyment
General rules for distinguishing police powers from a taking:
Restriction on property which is reasonably related to public health, safety, or general welfare. Where necessary to protect public health or safety, property can be destroyed without compensation
explain prohibition on dual office holding:
if you hold office in foreign, federal or other state govt, can't hold public office in FL
officers of FL can hold how many offices?
Only 1 with exception of notary public, military officer, const revision commission member, taxation and budget form comm member, const conv member, member of stat body havingonly advisory powers
prohibition against dual office holding applies only to
state officers and not employees
resign to run statute has been:
Whose personal financial interests require full and public disclosure:
const officers, candidates for such offices, and other officers and employees as may be stat required
w/r/t personal finances of const officers, what are they required to do?
yearly file a copy of most recent income tax return or sworn statement IDing each source of income >$1000 and the amount plus a sworn statement of net worth IDing each asset and liability >$1000
explain disclosure w/r/t campaign finances
full public disclosure of finances by elected officers and candidates are required
Courts the state can establish
judicial power vested in supreme ct, DCA, circuit and county courts. legislature may authorize civil traffic hearing officer system, and military court-martial by FL military judges. No other cts may be est by the state, any pol subdivision or municipality
Can judicial powers be granted to leg/exec branches?
Quasi judicial to commissions est by law, and admin officers and bodies only in matters connected with the functions of their offices
Can the judiciary step into legislature election issues eg: election determinations or right to hold leg office?
no Fl makes each house the sole judge of its members' qualifications
What officers can raise a constitutionality argument re: a statute and when?
St officers and agencies can only raise constitutionality as a defense in litigation against another state agency/officer. FL courts have also allowed the comptroller of the state to initiate litigation in his official capacity on constitutionality
Su ct quorum consists of
Su ct decision requires
su ct review is mandatory when
appeal from final trial ct judgment imposing death penalty and decisions of DCA that invalidate stat/prov of st const
Can the state administer a tax based on a fixed percentage of the taxed property's value?
No, such a tax is called an ad valorem tax and cannot be levied by the state on either real or tangible personal property