FL CON LAW

• 1. HOMESTEAD: 
     • RULE
       • PROTECTION FROM FORCED SALE FROM CREDITORS.
       • MUST BE:
         • PRIMARY RESIDENCE OWNED BY A NATURAL PERSON.

LEGAL DOMICILE.

$1K PERSONAL PROPERTY IS PROTECTED.

• • • • • FILED ON TIME.

WITH THE CLERK'S OFFICE BEFORE THE CREDITOR'S CLAIM.

• • • • • ACRE REQUIREMENT.

1/2 ACRE CONTINUOUS INSIDE.

160 ACRE CONTINUOUS OUTSIDE.

• • • SUPER CREDITOR EXCEPTION:
      • MORTGAGES, PROPERTY TAX, MECHANIC'S LIENS CAN GO AFTER PROPERTY.
    • ABANDONMENT
      • OWNER LEAVES THE PROPERTY, AND EXPRESS AN INTENT NOT TO RETURN.
        • CAN LOSE HOMESTEAD PROTECTION AND CREDITORS CAN GO AFTER THE PROPERTY.
    • DEVISE
      • CANNOT DEVISE HOMESTEAD IF THERE IS A SURVIVING SPOUSE AND/OR A MINOR CHILD.
        • SURVIVING SPOUSE GETS A LIFE ESTATE.
        • MINOR GETS REMAINDER.
    • AD VALOREM TAX
      • PROPERTY TAXES AND TAXES ON YOUR TANGIBLE PERSONAL PROPERTY.
      • PAY TAXES TO THE LOCAL COUNTY GOV.
        • NOT TO THE STATE.
      • NO STATE INCOME TAX IN FLORIDA.
        • ONLY FEDERAL INCOME TAX.
      • HOMESTEAD EXEMPTION FROM PROPERTY TAXES:
        • TWO 25K EXEMPTIONS COMES OFF THE PROPERTY VALUE.

50K.

• • • • RATE:
        • PROPERTY TAXES ARE CALCULATED BY MILLAGE RATE.
        • THE RATE WILL BE UNIFORMED ACROSS ALL OF THE HOMES.
      • PORTABILITY:
        • THE AD VALOREM TAX EXEMPTION VALUE IS IN ONE RESIDENCE IS PORTABLE TO ANOTHER RESIDENCE.
      • GOV OWNS PROPERTY:
        • IF THE GOV OWNS PROPERTY, AND THEY ARE USING IT FOR GOV PURPOSES, THAT PROPERTYIS EXEMPT FROM AD VALOREM TAXES.

HOWEVER, IF SOME OF THAT IS LEASED/RENTED TO A PRIVATE-PROFIT MAKING PURPOSES, WILL BE TAXED.

• 1. CONSTITUTIONALITY OF BILL:
     • STATE LEGISLATURE
       • REGULAR v. SPECIAL SESSION:
         • REGULAR SESSION.

LASTS 60 DAYS.

• • • • • GOVERNOR CALLS SPECIAL SESSIONS.

LASTS 20 DAYS.

SINGLE ISSUE.

ONLY PASS LAWS IN THE PURVIEW OF THE SPECIAL SESSION PROCLAMATION. 

• • • • BILL
        • HAS TO PASS EACH HOUSE BY MAJORITY VOTE.
        • BECOMES LAW WHEN:

GOVERNOR SIGNS THE BILL OR

DOESN’T VETO WITHIN 7 DAYS.

• • • 10th AMENDMENT
      • STATE HAS POLICE POWER HEALTH, SAFETY, WELFARE, AND MORALS OF THE CITIZENS.
    • FORMALITY 
      • TITLE.
      • ENACTMENT CLAUSE.
        • "BE IT ENACTED THAT, …"
      • VALID PURPOSE.
        • REASONABILITY RELATED TO THE PUBLIC WELFARE.
      • SINGLE SUBJECT RULE.
        • THERE CANNOT BE ANY "LOG-ROLLING."
      • CANNOT BE VAGUE.
        • CLEAR ENOUGH SO AN AVERAGE PERSON CAN UNDERSTAND.
    • SEPARATION OF POWERS
      • ONE BRANCH CANNOT ENCROACH ON ANOTHER BRANCH’S POWERS.
        • THE FL CONSTITUTION EXPRESSLY INCORPORATES THE POWERS BE SEPARATED.
      • QUASI = LOOKS LIKE.
    • TYPES OF LAW
      • GENERAL: 
        • APPLIES TO EVERYONE UNIFORMLY.
      • SPECIAL: 
        • APPLIES TO SPECIFIC GROUP OR GEOGRAPHIC AREA.
      • GENERAL LAW OF LOCAL APPLICATION: 
        • AREAS W/ SPECIFIC POPULATION.

EX: 55+.

• • • CHARTERED VS NONCHARTED COUNTY
      • COUNTY IS MAKING THEIR OWN LAW.
      • HOME RULE POWER:
        • ALLOWS COUNTIES TO MAKE RULES FOR THEMSELVES. 
      • CHARTER:
        • BROAD POWER.
        • AS LONG AS ITS NOT INCONSISTENT W ANY GENERAL LAW. 
      • NON-CHARTER:
        • NARROW POWER.
        • CANT DO ANYTHING THEMSELVES.

NEEDS POWER FROM STATE. 

• • • STANDING 
      • DISTINCT PERSONAL INJURY. 
    • EQUAL PROTECTION
      • GROUP/CLASS OF PEOPLE BEING TREATED DIFFERENTLY. 
      • SCRUTINY:
        • STRICT: 

RACE, RELIGION, NATIONALITY, AND PHYSICAL DISABILITY. 

GOV HAS BURDEN TO SHOW THAT THE LAW IS NECESSARY TO ACHIEVE COMPELLING INTEREST. 

• • • • • RATIONAL BASIS:

ILLEGITIMACY/GENDER.

THE FLORIDA COURTS HAVE NOT APPLIED THE INTERMEDIATE SCRUTINY TEST IN EQUAL PROTECTION CASES.

EVERYONE ELSE. 

P HAS BURDEN TO PROVE THAT THE LAW IS NOT RATIONALLY RELATED TO LEGITIMATE STATE INTEREST. 

• • • DUE PROCESS
      • ALL TREATING THE SAME. 
      • TAKING AWAY OR RESTRICTING LIFE, LIBERTY, OR PROPERTY.
      • SUBSTANTIVE DUE PROCESS:
        • LIBERTY RIGHTS:

FUNDAMENTAL RIGHT:

INTERSTATE TRAVEL. 

SPEECH.

VOTE.

RIGHT TO WORK. 

RIGHT TO PRIVACY:

RIGHT TO BE LEFT ALONE. ANY INTRUSION IS SUBJECT TO STRICT SCRUTINY.  

CONTRACEPTION.

ABORTION.

MARRIAGE.

PROCREATION.

EDUCATION.

RAISE FAMILY. 

BEFORE THE RIGHT OF PRIVACY ATTACHES, HOWEVER, A REASONABLE EXPECTATION OF PRIVACY MUST EXIST.

NON-FUNDAMENTAL RIGHT: 

SUBJECT TO RATIONAL BASIS.

• • • • PROCEDURAL DUE PROCESS
        • PROPERTY RIGHTS:

GOV JOB. 

LICENSES

BENEFITS. 

• • • • • RIGHT TO A NOTICE + HEARING. 
    • SPEECH
      • CANNOT BAN SPEECH. 
      • CAN REGULATE SPEECH. 
      • CONTENT-BASED:
        • GOV STOPS MESSAGE. 
        • STRICT SCRUTINY. 
      • CONTENT-NEUTRAL: 
        • GOV REGULATES TIME, PLACE. MANNER. 

WHEN, WHERE, & HOW?

• • • • • FURTHER SIGNIFICANT GOV INTEREST.
        • LEAVE OPEN ALTERNATE MEANS OF COMMUNICATION. 

A FORM OF INTERMEDIATE SCRUTINY.

• • • RELIGION
      • FREE EXERCISE CLAUSE:
        • HOW TO PRACTICE RELIGION.
        • GOV MUST REMAIN NEUTRAL. 

IF THE INTENT IS NEUTRAL, BUT THE EFFECT ISN'T, THAT’S OKAY.

• • • • ESTABLISHMENT CLAUSE: 
        • GOV CANNOT ESTABLIGH A RELIGION.
        • TEST:

SECULAR PURPOSE. 

CANNOT PROMOTE/INHIBIT RELIGION. 

INCONSISTENT WITH PUBLIC MORALS, PEACE, OR SAFETY.

SHALL BE NO EXCESSIVE ENTANGLEMENT.

($).

LINK PURPOSE WITH ENTANGLEMENT.

• • • ACCESS TO COURTS
      • NO LAW CAN DENY ACCESS TO COURTS. 
    • RIGHT TO JURY TRIAL
      • NO LAW CAN DENY JURY TRAIL. 
        • JURY TRIAL NOT AVAILABLE IN:

CIVIL COMMITMENT,

EMINENT DOMAIN, OR

PROCEEDINGS SEEKING EQUITABLE RELIEF.

• • • SUNSHINE LAW
      • GOV ACTIVITY HAS TO BE OPEN TO THE PUBLIC.
        • EXCEPT:

WITH RESPECT TO RECORDS SPECIFICALLY MADE CONFIDENTIAL BY THE CONSTITUTION. 

• 1. CRIMINAL PROCEDURE
     • MIRANDA 
       • AFFORDED WARNINGS:
         • ONLY NEEDS WARNING IF STATEMENTS ARE CUSTODIAL INTERROGATION. 
       • CUSTODY:
         • A REASONABLE PERSON BELIEVES THEY AREN’T FREE TO LEAVE.
         • OBJECTIVE STANDARD. 
       • INTERROGATION:
         • A COP IS TRYING TO ILICIT CRIMINAL INFORMATION.
       • WAIVER:
         • CAN BE WAIVED. 

AS LONG AS IT WAS KNOWNGLY/VOLUNTEERED.

• • • SEARCH & SEIZURE
      • RULE:
        • FL CONSTITUTION EXPRESSLY GUARANTEES YOUR RIGHT AGAINST UNREASONABLE SEARCH & SEIZURE. 
      • WHO?
        • GOV AGENT MUST DO THE SEARCH.
        • OR ACTING UNDER THE DIRECTION OF A GOV AGENT. 
      • WHAT IS A SEARCH?
        • REASONABLE EXPECTATION OF PRIVACY.
        • NO EXPECTATION:

OUT IN THE OPEN.

PLAIN VIEW.

• • • • STANDARD?
        • PROBABLE CAUSE.

MORE LIKELY THAN NOT THAT A CRIMINAL ACTIVITY IS BEING CONDUCTED.

• • • • WARRANT:
        • IF ALL ELEMENTS ARE MET, GOV AGENT NEEDS WARRANT:
        • A VALID SEARCH WARRANT:

MUST BE ISSUED BY NEUTRAL MAGISTRATE. 

MUST SPECIFY THE SCOPE OF WARRANT.

COP CANNOT EXCEED SCOPE OF WARRANT. 

• • • • • EXCEPTIONS:

EXIGENT CIRCUMSTANCES:

SUBJECT IS TRYING TO FLEE, OR

SUBJECT IS DESTROYING EVIDENCE.

STOP & FRISK:

CAN STOP/TALK IF REASONABLE SUSPICION.

CAN FRISK IF ADDITIONAL SUSPICION OF WEAPON. 

SEARCH INCIDENT TO LAWFUL ARREST:

CAN SEARCH ANYWHERE ON YOUR PERSON OR WINGSPAN. 

CONSENT:

WHO?

ANYONE WITH ACTUAL APPARENT AUTHORITY TO THE PREMISES. 

• 1. BONDS 
     • FL GOV IS ASKING FOR MONEY TO DO SOMETHING THEY DON’T HAVE ENOUGH FOR. 
     • REVENUE BOND:
       • GOV MAKES CAPITAL PROJECT THAT GENERATES REVENUE. 
       • NO REFERENDUM REQUIRED.
         • NO VOTE.
       • EXAMPLE:
         • TOLLS. 
     • GENERAL OBLIGATION BOND:
       • GOV IS BUILDING A CAPITAL PROJECT.
       • HOWEVER, IT DOES NOT GENERATE REVENUE BY ITSELF.
         • IT IS BACKED BY THE FULL FAITH & CREDIT FROM THE STATE. 

GOV IS PROMISING TO PAY BACK.

• • • EMINENT DOMAIN:
      • TAKINGS CLAUSE: 
        • GOV CAN TAKE PRIVATE PROPERTY FOR PUBLIC PURPOSE IF THEY PROVIDE FULL COMPENSATION/FAIR MARKET VALUE. 
      • INVERSE CONDEMNATION: 
        • REDUCES ECONOMIC VALUE OF MY LAND TO NOTHING.
        • (BASICALLY WORTHLESS).
    • RIGHT TO WORK:
      • FUNDAMENTAL RIGHT.
        • STRICT SCRUTINY.
      • DUE PROCESS OR EQUAL PROTECTION. 
        • THE FLORIDA CONSTITUTION PROHIBITS AN EMPLOYER FROM DENYING OR ABRIDGING THE RIGHT TO WORK ON THE BASIS OF MEMBERSHIP OR NON-MEMBERSHIP IN A LABOR UNION.

MOREOVER, A UNION CANNOT NEGOTIATE A CONTRACT THAT WOULD REQUIRE WORKERS TO BECOME UNION MEMBERS OR PAY UNION DUES. WORKERS ARE GUARANTEED THE RIGHT, IF THEY CHOOSE, TO BARGAIN COLLECTIVELY THROUGH A LABOR ORGANIZATION.

PUBLIC EMPLOYEES HAVE NO RIGHT TO STRIKE.

• • • PRIVATE VS. PUBLIC NUISANCE:
      • PRIVATE:
        • DOES THIS UNREASONABLY INTERFERE WITH THE USE AND ENJOYMENT OF LAND?
      • PUBLIC:
        • IS THIS AFFECTING THE COMMUNITY AT LARGE?
        • PRIVATE PLAINTIFF:

MUST PROVE SPECIAL HARM/DAMAGES.