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2015-03-10 18:14:06
Florida Constitutional law

florida con law
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  1. Amending the Fla.Constitution
    • Citizen's Initiative
    • Legislative Amendment 
    • Constitutional Revision Commission
    • ☑ Tax & Budget Reform
    • Constitutional Convention
    ☑  20 Yrs;

    ☑ no S/C review;  [filed w/atty.gen + goes to ballot]

    ☑ matter of taxing/budget process ONLY;

    ☑ 60% voter approval required.

    ☑ Challenges start in circuit court.
  3. Legislative Amendment  (2nd most common way to amend)
    ☑ 3/5th chamber must approve proposal;

    ☑ Must be advertised;

    ☑ No single-Subject review; [revamp is possible]

    ☑ proposal must be challenged within 30 days of proposal;

    ☑ 101.16; Summary & Title Accuracy challenge only (ANY citizen can challenge);
  4. fla, stat. 101.16--Ballot Requirements
    ☑ Clear & Unambiguous Laguage;

    ☑Multiple statements (by order of importance is okay)

    ☑ Ballot Summary must be 75 words or less if only 1 statement, (or only the first one needs to be under 75 if more than one ballot statement);

    ☑ Title = 15 words or less (by how it's known or commonly called);

    ☑ Multiple subjects in amendment is okay;

    • ☑ No Automatic S.C. review; (any Citizen can challenge summary or title);
    •   -if citizen abandons the challenge = language goes to ballot as is.

    ☑ Must be challenged in Circuit Court + 30 days of proposal.
  5. Will the court overturn a legislative proposal?
    The court RARELY overturns legislative proposals.

    Glenda Hood--Abortion language found seriously defective, so the court put the amendment ITSELF on the ballot.
  6. Citizens' Initiative
    • ☑ Mandatory Financial Impact Conf. review;
    • (1) consensus/majority of f.i.conference, (2) clear& unambiguous language,(3) 75 wd.
    •    ☐ (C) Failure to come to agreement, or failure of financial review & election is up = ballot says "the financial impact is not known/undetermined.."

    ☑ Subject to Ballot Requs. (15wd title & 75wd summary);

    ☑ Subject to Single Subject Review;

    ☑ Mandatory S.C. Review:(1) ballot req. & Single Subject review. (2) Financial Impact (clear & unambiguous & 75wds);

    ☑ Advertisement(10th & 6th week before election)

    ☑ 60% Voter approval required.

    ☑ Citizen amendments can ONLY be repealed/modified by citizen amendment.
  7. Single Subject Review

    • An amendment passes single subject review
    • if it does not engage in (1) logrolling and (2)
    • if it does not Substantially affect multiple functions of different branches govts.

  8. S.S.R.

    Logrolling [unrelated provisions in amendments for the purpose of getting unliked provisions passed on the coattails of liked provisions]

    An Amendment is not engaged in logrolling when...

    • Ideas have a natural relation or connection,
    • as component parts or aspects of a single
    • dominant plan, or scheme.
  9. S.S.R.

    No Substantial Affect on Multiple functions of different branches of govt.
    the more branches the amendment will impact in a substantial way the more likely the court will find it fails ssr.
  10. Summary & Title Review [101.16]
    • ☑ Clear/Unambiguous language;
    • i. clearly informs voter of chief purpose;
    • ii. does not mislead the public.
    • ☑ objective & neutral (no editorial language);
    • ☑ Summary should spell out legal effect (but public policy statements may be okay too).

    * voters don't see the actual bill, so the ballot must spell out the amendment's true meaning.
  11. Constitutional Revision Commission
    • ☑ (C) mandated (20yrs):
    • ☑ no Single Subj. Review;
    • ☑ Advertisement Required;
    • ☑ No S.C. Review (b4 appearance on ballot)
    • ☑ Challenge in Circuit Court;
    • --summary & title (101.16) basis only.
    • ☑ 60% voter approval required.
  12. Constitutional Convention
    • ☑ Petitioned by Electors (15%);
    • ☑ Ballot q asks--shall there be a constitutional convention held?
    • ☑ Must be Advertised;
    • ☑ No Single Subj. Review (possible revamp);
    • ☑ Summary & title review possible; (101.16);
    • ☑ Challenge in Circuit Court;
    • ☑ 60% voter approval required.
  13. Separation of Powers (federal v. fla)
    • Federal
    • ☛ Separation of Powers is read into the (C) by Scotus, but (C) doesn't expressly state it.

    • Florida  [Art. 2 ξ 3]
    • ☛ Expressly Separates the powers of govt are divided into three branches. (executive, judicial and legislative)

    ☛ Expressly prohibits Encroachment & Delegation (No branch can exercise norther's powers unless the (C) provides for it.)
  14. Legislative Powers
    • ♛Defined, Inherent, or recognized by Historical Usage; +
    •      (1) Apportioning, Reducing State Budget.

    ♛that Involve independent and primary will, discretion, or Judgment;+

    ♛which is not already controlled by another branch nor limited by the State or Federal (C).
  15. Executive Powers
  16. Encroachment & Delegation

    (fundamental principles of separation of powers doctrine)
    (1) No Branch may Encroach on the powers of another;

    ☑ Common law governs unless a Stat. Expressly overrides it, or is inconsistent w/ C.

    ☑ Once statute expressly codifies c/l = the court can't alter or modify it further.

    ☑ judiciary can't force legis to enact statutes to enforce non-self-executing provisions (but it could come up w/its own remedy)

    ☑ Executive cant suspend/modify legislatively created agencies;

    ☑ Legis can't force the Executive to appoint officers (25 executive agencies as per the C). 

    (2) No Branch may delegate to another branch its constitutionally assigned powers.

    ☑ line item-veto was improper until citizens' imitative made it ok.

    ☑ Judicial branch can't delegate the power of setting restitution payments/schedule to executive.

    • (*) Exceptions--☑ Common Law; ☑ Permissible Delegations; ☑ (C) amendment permitting the encroachment.
    • v  Generally:
    • § Inherency doctrine
    • o   DCA can implicitly find a state statute unconstitutional via Article 5, § 3(b)(1). 
    • o   However, DCA expressly declares a law Unconstitutional via article 5, § (3) (b) (3).
    • § The Judiciary:
    • o    Interprets & applies the law; determines constitutional validity; interprets common law; and has some making functionality by nature.
    • o   defer to the legislature & avoid extreme remedies;
    • o   Enforces article 1, § 6 collectively bargained contracts by public employees, since public employees cannot strike.
    • § Supreme Court May issue Advisory Opinions in certain circumstances:
    • a.       Article 4 & $ § 1(c), and § 10.
    •                                                                                                                                        i.      1(c)-- (c)—The Governor:
    • 1.       The governor may request in writing the opinion of the justices of the supreme court as to the interpretation of any portion of this constitution upon any question affecting the governor’s executive powers and duties.
    • 2.       The justices shall, subject to their rules of procedure, permit interested persons to be heard on the questions presented and shall render their written opinion not earlier than ten days from the filing and docketing of the request, unless in their judgment the delay would cause public injury.
    •                                                                                                                                      ii.      10--Attorney General.—
    • 1.       The attorney general shall, as directed by general law, request the opinion of the justices of the supreme court as to the validity of any initiative petition circulated pursuant to Section 3 of Article XI.
    • 2.       The justices shall, subject to their rules of procedure, permit interested persons to be heard on the questions presented and shall render their written opinion no later than April 1 of the year in which the initiative is to be submitted to the voters pursuant to Section 5 of Article XI.
    • § The Judiciary Cannot:
    • o   delegate to state agency the task of deciding appropriate terms of punishment, or amount of restitution; [violates separation of powers by improper delegation]
    • o   order the legislature to act; (but may formulate its own remedy if the legislature refuses act so long as it does not violate the fla.const).
    • o   order the executive branch to act; (except where mandamus or prohibition should apply, or when the officers do not abide by the law, and fashion a remedy).
    • o   interpret a law as constitutional if the text of the law doesn’t allow for a constitutional reading;
    • o   interfere with administrative proceedings, until all administrative remedies are exhausted.
  17. Common Law ξ 2.01

    the excercise of legislative power by the judiciary.
    ♚ General and Statutory Laws of England, +

    ♛Existing on July 4, 1776, +

    ♛ are in force in Florida, +

    ♋ Unless, inconsistent w/(C) or fla.statutes.

    --stats. must be narrowly construed in favor of retaining the common law rules,

    --codification of common law must be express intention to displace common law, or the court assumes the c/l is still active.
  18. Permissible Delegations of Powers
    • ♛ Some delegation of powers may be okay so long as:
    • ☑ legislature gives sufficient guidelines to excercise the delegated power, +
    • ☑ the intent to delegate is Clearly established.
  19. Amendment can Permit Encroachment / Delegation
    Article 4, ξ14.

    ☑The Governor may line-item veto some appropriations provisions  (w/some restrictions), which had previously been found to be an impermissible encroachment.
  20. Laws passed by legislature
    ☑ [1]--One Subject/ Matter properly connected,   [all matters must be reasonably & logically connected. [no logrolling]

    • [2]--subject briefly expressed in Title. {In broad enough terms that a reasonable person + whose interested are affected + would inquire into details.
    • -subject = the matter to which the law relates. (not the object, which is its purpose)}
  21. The Window Period
    ☑ Citizens have one (1) year between an Act's Effective date AND the date the Act is adopted into the Fla.Statutes, +

    ☑ where an affected party has Standing to challenge the law, +

    ☑ for violating the Single Subject Requirement.

    *challenge must start in circuit court.
  22. Curing Single-Subject Violation
    • 1. Biennial Enactment + Codification;
    • --yearly adoption & codification cures.
    • 2. Saltzer Method (separation & reenactment by special legislative session)
    • --legis can take the unrelated provisions & re-enact them separately,
  23. Types of Laws Analysis
    • 1. What type of law is it?
    • 2. Was it properly enacted?
  24. Types of Laws

    2--General Laws;

    3--Population Acts;

    4--Special/Local Laws
  25. Appropriations--NO Money Shall be Drawn from the Treasury Except by law.
    ☑ appropriation bills MUST NOT relate to Any other subject. [can't sneak policy laws into appropriation bills]

    • Brown Test--Appropriation bills are invalid if:
    • (1) it changes existing law on any other subject &
    • (2) Qualifications/Restrictions aren't rationally related to the purpose of the appropriations.
  26. General Laws
    • (1) statewide applicability;
    • (2) treats all objects that come within operation of the statute the same,
    • *unless it affects a general state scheme or plan like water conservation.
    • (3) OR, Materially affects the people of the state.

    general laws do not require notice.
  27. General Laws are Constitutional if:
    (1) Single Subject properly connected, and subject matter is briefly expressed in the Title.


    (2) no one with standing challenges it within Window Period.

    * In circuit Court. (only place where it can be challenged).
  28. General Laws of Local Application
    (1) Uses a classification based on Population, or some other criteria;

    (2) Restricts its application to a particular locality;

    (3) and Requires no Pre-Enactment Notice.
  29. General Laws of local Applications are Constitutional IF:
    (1) Subject matter of Law is Reasonably related to population classification; [not arbitrary]

    (2) Open ended population figure; [must Reasonably allow for growth so other localities can come within its application]

    (3) law doesn't relate to any of the "forbidden categories."
  30. Special Laws are Valid When:
    (1) Single Out a particular group, class or area; [law must be applied uniformly throughout affected area]

    (2) does not involve a forbidden category subject matter, and

    (3) enacted ONLY after Notice of Intent to enact and substance is published, or ONLY if affected voter approval is required for enactment.
  31. General Laws take Precedence over Special Laws
    1) Where General Law is an Overall revision or general statement of the special law, +

    2) on same subject, +

    3) The special law is presumed superseded or repealed.
  32. Executive Approval of Laws
    • Bills passed by Legislature, +
    • Must be presented to the Governor for approval.

    If he signs it ↪ becomes law.

    If he fails to veto within 7 days ↪ becomes law on 8th day, or on 16th (if legislature adjourned/recessed).  [No Pocket Veto for Gov]
  33. Executive Veto
    In all cases, except specific appropriations, in General Appropriations bills, the Veto extends to the entire bill.

    The houses can reenact the bill w 2/3rd majority ↪ becomes law anyway.
  34. Line Item Veto
    Gov. may veto specific appropriations, but

    Gov. may not veto qualifications, nor restrictions, without vetoing the entire bill.

    Specific appropriations--a definite sum for a stated purpose.
  35. Laws Become Effective
    60th day after adjournment of Enacting or Overriding House.
  36. Suffrage
    Felony convicts or Adjudication of Incompetence (in any state) ↪ no voting, nor political office.
  37. Term Limits
    Single Terms only for: ↪fla. rep; ↪fla.Senator;↪Fla. Lieutenants;↪Fla. cabinet

    8 year term limits apply to all except national office holders.

    ;☒ US rep, or US senator--The federal courts have ruled states can't impose term limits on national office holders.
  38. Executive Power--Article 4
    Enforce the laws;

    Initiate Judicial Proceedings (against any officer to enforce compliance w/legal duty)

    Request Advisory opinions (Citizen's initiative, on any part of the C affecting his powers or duties);

    Appointment Power to Executive Agencies (only 25--the rest are legislatively created;

    Pardon Power;

    Budgeting Power (line item veto).
  39. Education --Article 9.
    • ξ 1
    • Adequate provisions shall be made by law for a uniform, system of free public schools, and for establishment, maintenance & operation of higher learning institutions.

    • ☐--No definition of "Adequate;" bc:
    • * separation of powers; (appropriations power)
    • * Political Question (no judicially discoverable standards);
    • * Single Subject Violations prevent citizen's initiative from defining this term since it alters multiple functions of diff branches.
    • ☑--Uniform--a system that operates to serve a common plan or common purpose; which gives every student the equal chance to achieve basic education goals as prescribed by legislature.
    • (not necessarily "equal funding or programs).

    Classroom Size
    Amendments are okay. Free kinder for all 4 year old is okay.
  40. School Districts--Article 9, ξ 4
    • ↪ each county must be a school district;
    • ↪ 2 or more counties can join IF voters approve.
    • ↪ each school board operates/controls public schools within their district.
  41. School Funding--Article 9, ξ 6
    • ξ6
    • Income taken out of School Fund shall ONLY be used to support & maintain free public schools.
  42. Religious Freedom--Article 1 ξ 3
    ξ 3

    No Revenue of the state or agency, shall ever be taken to directly or indirectly aid, any church, sect or religious institution.
  43. Line Item Veto
    Governor may veto Any Specific Appropriation, but he MAY NOT veto any Qualification or Restriction, without vetoing the entire bill.
  44. Ways to Challenge Education Legislation
    • (1) Delivery of Education;
    • No revenue of the state shall ever directly or indirectly aid a religious institution. (No Aid Limitation art.1 Sec.3)

    (2) Funding of Education;

    ↪ Courts refuse to define "adequate funding" [sept. powers violation; political Q; Single Subject violation by initiative]

    ↪ Citizens have standing to sue but ONLY if they suffer special injury as an individual, or is unconstitutional. [see below]

    ↪ Laws fail the uniform (C) req. if money is taken and given to private schools b/c private schools do not have to meet the educational guidelines of the legislature.

    • "a system that gives every student an equal
    • chance to achieve basic education goals as prescribed by the legislature"
  45. Laws Essay Question
    • 1. What type of Law is it?
    • (appropriations, general, general law of local application, special law)

    • 2. Single Subject & subject title problem?
    • (every subject matter is logically connected & title is broad enough to give constructive notice + Window Period)
    • 3. Was it Validly enacted?
    • (Special laws--notice required, not prohibited are of law)
    • (General law--universal application or impact's wide state resource)
    • (General laws of local application--open ended population + reasonable connection b/w ppltn & subject of law; not prohibited area of law)
    • (appropriation--must not change the law of any other subject + restrictions must rationally relate to the purpose of the spending; not designed to further policy)
  46. Education Essay Question
    1. Does the law affect the Funding or Delivery of Education?

    • 2. Is the funding adequate?
    • --Adequacy is not a winning challenge.
    • --No Aid Provision violation? (no $ can directly or indirectly aid a religious institution).

    • 3. Does the funding prevent a "uniform" system of education from existing?
    • --Is the money being taken from state revenue & given to an institution that doesn't have to comply w/the legislatures' educational guidelines? "school vouchers"
  47. Original Jurisdiction

    Use to compel or prohibit the lower court from doing something.

    ☗ Discretionary;

    • ☗ Collateral;
    • originate in the supervisory court while the other proceedings are ongoing below.

    ☗ Only issued for Departures of essential elements of law.
  48. Appellate Jurisdiction