FLORIDA CONSTITUTIONAL LAW

Checklist of Constitutionality of Statutes - Conflict with Federal Laws (federal constitutional right, preemption); - Police Powers (health, safety, welfare, morals); - Privacy (zones of privacy); - Construction (vague or overbroad); - First Amendment (religion, speech, press, association); - Right to Work; - Criminal (imprisonment for debt, ex post facto, bill of attainder); - Access to Courts; - Due Process (procedural, substantive); - Equal Protection (strict, intermediate, rational basis); - Punishment (cruel and unusual); - Contracts (impairment); - Separation of Powers (legislature powers to executive); - Statutory Procedure (more than one subject, title, amend by reference, enacting clause, signed by legislative officers); - Veto Procedure (governor); - Special Law Procedure (prohibited special law, proper notice, referendum, special session); I. Declaration of Rights A. Equal Protection equal protection of the law; applies only to discrimination by governmental entities; adopted federal standards of review; strict scrutiny applies only to race, religion, national origin, and physical disability, but not age; B. Freedom of Assembly right to peaceably assemble, right to redress grievances, and right to instruct representatives; C. Organized Labor right to work; no person may be denied job because of membership or nonmembership in union; right to bargain collectively, but public employees do not have right to strike; D. Right to Bear Arms right subject to mandatory three-day waiting period between retail purchase and delivery of handgun; counties may impose additional three to five day waiting period and criminal background check; E. Pretrial Release and Detention right to pretrial release on bail unless (1) capital offense or offense punishable by life imprisonment if probability of guilt is great; (2) threat to public safety or integrity of judicial system; F. Prosecution for Crime charge of capital crime requires indictment; other felonies require indictment or information by prosecuting attorney; G. Right to Privacy expressly granted in constitution; right to be free from governmental intrusion in private life; except permits legislature to adopt general law requiring parent of minor be notified before termination of minors pregnancy as long as waiver process also provided; H. Access to Public Records/Meetings right to inspect or copy public record not made confidential by constitution; meetings of state or local public bodies where official acts or business conducted must be open and noticed to public; I. Limitation on Contingency Fees in Malpractice limits contingency fee that lawyer charges in med mal case to 30% of first $250,000 in damages and 10% of any damages above; J. Marriage legal union between one man and one woman as husband and wife; no other union treated as marriage elsewhere or substantial equivalent is valid or recognized; II. Executive Branch A. Composition executive power vested in governor; also provides for lieutenant governor and cabinet; all serve four year terms; governor may not serve more than two terms; B. Governor 1. Primary Duties faithfully execute laws; commission required state and county officers; transact state business; - initiate judicial proceedings in name of state against public officials to enforce compliance with law; - seek advisory opinions from supreme court as to constitutional powers and duties; - inform legislature of condition of state at each regular legislative session; - sign death warrants with limited power to grant clemency; C. Lieutenant Governor succeeds governor in event of death; becomes acting governor in event of impeachment or incapacity; - does not preside over state senate; carries out duties assigned by governor and provided by law; D. Cabinet composed of (1) attorney general; (2) chief financial officer; (3) commissioner of agriculture; - sit as a body in several capacities, i.e. state board of administration; - if tie vote in cabinet and governor, side on which governor voted is deemed to prevail; E. Departments and Commissions functions of executive branch allocated among 25 departments and seven constitutionally authorized commissions; III. Legislative Branch A. Composition senators elected to four year terms; representatives elected to two year terms; numbers may vary per constitutional limits and are at current maximums; elections held in even numbered years, with half of senators elected at each election;

- legislators must be 21 years old and residents of district represented; B. Reapportionment senate districts may be continuous and overlapping; apportionment done by resolution on a one person, one vote basis in regular session during second year after decennial census; - if not accomplished during regular session, special session is called; - supreme court validates reapportionment by declaratory judgment; in extreme case, supreme court may do reapportionment itself; C. Legislative Sessions during regular sessions, laws on any subject may be enacted; - legislature may extend regular session or convene extra sessions by 3/5ths vote; - governor may call special sessions by proclamation stating purpose; no other business may be conducted during special session without 2/3rds vote; D. Procedures all sessions open to public except senate sessions considering appointment or removal of public officers; - all committee and subcommittee meetings and prearranged meetings of two or more members of legislature to agree on formal action are open to the public unless closure necessary for security; - majority in each hours constitutes quorum; - each house determines own rules and may punish for contempt; members may be expelled upon 2/3rds vote; - neither house may adjourn for more than 72 consecutive hours except by concurrent resolution; E. Legislative Investigations while in session, each house may compel attendance witnesses and production of evidence, and may punish noncompliance or other contempt by fine up to $1,000 and imprisonment up to 90 days; - when not in session, committees may be given similar power to compel but punishment for noncompliance is by judicial power; F. Lawmaking Process (1) any bill may be introduced in either house; (2) bill must be read at least by title on three separate days in each house; (3) approval by simple majority; (4) bill becomes law if governor does not veto within 7 days (or 15 days if legislature adjourns for more than 30 days); (5) 2/3rds vote by each house overrides veto; (6) law takes effect 60 days after final adjournment of session in which enacted, on later date fixed by law, or on date fixed by joint resolution; - governors veto extends to entire bill and not just parts of it; G. Requirements of Laws 1. General law must be constitutional, clearly worded, not overbroad, and reasonably related to public welfare; 2. Procedural (1) law may cover only one subject; (2) subject must be briefly expressed in acts title; (3) law may not be amended by reference to its title only; (4) appropriate portions of original text must be set out in amending act; (5) law must include enacting clause stating: Be It Enacted by the Legislature of the State of Florida; - laws failing to comply with requirements are nullities; H. Categories of Laws 1. General Laws apply state wide; may have local application, as when based on population criteria; 2. Special Laws apply to specific persons, places, or entities; must be given prior public notice or approved by referendum; 3. Subjects Requiring Uniformity constitution requires statewide uniformity for some important subjects, and thus prohibits special laws or general laws of local application for: - elections, jurisdiction, or duties of officers, except local officers; - assessment or collection of taxes for state or county purposes; - rules of evidence in any court; punishment for crime; petit juries, including compensation of juries; venue (civil or criminal); conditions precedent to bringing civil or criminal proceedings, or statute of limitations; refund of money legally paid or remission of fines, penalties, or forfeitures; - creation, enforcement, extension, or impairment of liens based on private contracts; - disposal of public property; - vacation of roads; - private incorporation; - effectuation of invalid deeds, will, or other instruments; change of name; divorce; legitimation or adoption of persons; relief of minors from legal disabilities; transfer of property interest of persons under legal disabilities; - hunting or fresh water fishing; - regulation of occupations; - any subject prohibited by general law passed by 3/5ths vote of each house; may be amended or repealed with same vote; 4. Appropriation Laws general appropriation laws cannot contain other subjects; other laws may make appropriations concerning subjects therein; - governor may veto any specific appropriation in general appropriations bill but may not veto any qualifications or restrictions without also vetoing appropriation to which it is related; - veto power may only be used to nullify or suspend appropriation; may not be used to modify appropriation; I. Joint Legislative Budget Commission - each state department and agency is required to submit budget request based on long range financial outlook adopted by joint legislative budget commission, or must specifically explain any variance; - state department and agency legislative budget requests (including judicial branch), governors recommended budget, and appropriation bills must include detail reflecting annualized costs and nonrecurring costs of budget requests; - appropriations for recurring purposes from nonrecurring general revenue funds may not exceed 3% of total general revenue funds estimated to be available at time appropriation made, unless approved by 3/5ths vote of each house;

1. Composition of Commission composed of equal numbers of senators appointed by president of senate and representatives appointed by speaker of house; action by commission requires majority vote of commission members present of each house; 2. Appropriations Process no later than September 15, commission issues long-range financial outlook setting out recommended fiscal strategies for state, departments, and agencies to assist legislature in making budget decisions; 3. Public Review Period all general appropriations bills must be furnished to each member of legislature, each member of cabinet, governor, and chief justice of supreme court at least 72 hours before final passage by either house of legislature of the bill in form that will be presented to governor; 4. Final Budget Report must be prepared and produced no later than 120th day after beginning of fiscal year; copies of report must be furnished to each member of legislature, head of each department and agency, and auditor general, and chief justice of supreme court; 5. Budget Stabilization Fund amount equal to at least 5% of last completed fiscal years net revenue collections from general revenue fund must be retained in budget stabilization fund; principal balance of fund may not exceed amount equal to 10% of last completed fiscal years net revenue collection for the general revenue fund; - legislature must provide criteria (1) for withdrawing funds from fund in separate bill for that purpose only, (2) for covering revenue shortfalls of general revenue fund, or (3) for purpose of providing funding for emergency; 6. Long-Range State Planning Document legislature must provide for long-range state planning document; - governor must recommend to legislature biennially any revisions to long-range state planning document; - must also be biennial review and revision of document; - all departments and agencies must develop planning documents that identify statewide strategic goals objectives, consistent with long-range planning document; must include prioritized listing of planned expenditures for review and possible reduction in event of revenue shortfalls; 7. Government Efficiency Task Force every four years, president of senate, speaker of house, and governor must appoint government efficiency task force composed of members of legislature and representative from public and private sectors; - develops recommendations for improving governmental operations and reducing costs; IV. Judicial Branch A. Court System consists of county courts, circuit courts, district courts of appeal, and supreme court; no other courts may be established; administrative agencies exercise some quasi-judicial powers; B. Justices and Judges 1. Number there are seven supreme court justices, with at least one from each of five appellate districts; five constitutes a quorum; four must concur in a decision; in district court of appeal, judges sit in a panel of three; 2. Selection a. Supreme Court and District Courts of Appeal supreme court justices and district court of appeals judges are appointed by the governor; at end of six year term, voters determine whether to keep judge for another term; - if rejected, governor selects a new judge from a list of three created by judicial nominating commission; - governor may also select new judge if vacancies arise from death, resignation, etc. in same manner; b. Circuit and County Court Judges elected in nonpartisan elections unless circuit or county opts to choose through merit selection; vacancies filled from among judicial nominating commission nominees; 3. Judicial Qualifications must be electors of state, residents of territorial jurisdiction at time that they assume office, and under 70 years old; - supreme court justices and district court of appeal judges must have been members of Florida bar for 10 years; circuit court judges for preceding five years; county court judges must be members of bar unless otherwise provided by law; 4. Judicial Qualifications Commission Powers judges may be removed by supreme court on recommendation by judicial qualifications commission; - when supreme court justice has been recommended for removal or reprimand, seven most senior circuit judges sit as supreme court; C. Administration Other Judicial Officers constitution establishes state attorney and public defender in each circuit; each has a four-year term, must reside in the circuit, and may not practice law privately; each county elects a clerk of circuit court; D. Jurisdiction of Courts 1. Supreme Court Appellate (Mandatory) Review mandatory jurisdiction over final judgments involving (1) death sentences, (2) bond validation proceedings; (3) decisions by DCA declaring statutes or constitutional provisions invalid; (4) statewide utility rate decisions; 2. Supreme Court Discretionary Review a. District Court of Appeal Decisions may review decisions (1) expressly affecting class of constitutional officers; (2) conflicting with other district courts of appeal or supreme court decisions; (3) construing provision of state or federal constitution; (4) validating a state statute; (5) certified as involving issue of great public importance; b. Trial Court Decisions may review decisions certified by DCA where appeal is pending as involving issue of great public concern; c. Certified by Federal Courts may review questions of Florida law certified by USSCT or USCOA; d. Writ Jurisdiction and Administrative Jurisdiction may issue common law writs except certiorari; may promulgate rules of practice and procedure for all courts, but may be repealed by 2/3rds vote of legislature;

- has exclusive power to admit and discipline attorneys; 3. District Courts of Appeal a. Appellate (Mandatory) Jurisdiction appeals of final orders and judgments not directly appealable to supreme court or circuit court; certain interlocutory orders and administrative actions; b. Appellate (Discretionary) Jurisdiction final orders of circuit courts acting in review capacity; nonfinal orders from circuit courts departing from law for which no appeal is provided; nonfinal orders from agencies where review of final order would not provide adequate remedy; may issue common law writs; 4. Circuit Courts a. Appellate Jurisdiction orders of county courts and some administrative agencies; b. Trial Jurisdiction all matters not allotted to county courts, including probate, equity matters, felony cases, tax assessment, actions of ejectment involving property; may issue common law writs; 5. County Courts a. Trial Jurisdiction nonfelony traffic offenses; ordinance violations; misdemeanors not joined with felonies; actions not exceeding $15,000; equity and real property questions; dissolution of marriage under simplified procedure; b. Concurrent Jurisdiction landlord-tenant cases; real property lien foreclosures not exceeding $15,000; V. Separation of Powers A. Encroachment state government is separated into executive, legislative, and judicial branches; one branch may not encroach on the functions of another branch; B. Delegation legislature, via statute, delegates to executive agencies the right to make administrative rules; delegating statute must contain specific guidelines; VI. Public Officials, Ethics, and Impeachment A. Public Officials 1. Civil Service System must be created for state employees and may be created for local government employees; 2. Multiple Office Holding no person may hold dual offices, except notary public, military officer, member of Constitution Revision Commission, members of constitutional convention, and members of statutory bodies only having advisory powers; 3. Terms of Office constitution provides that public officers shall serve terms not to exceed four years; exceptions include state representatives (two years); circuit, county, district, and supreme court judges (six years); 4. Rules for Election of Public Officials electors must be 18 years old, permanent resident of Florida, and registered to vote in county; felons or adjudicated incompetents may not vote or hold office until disability removed; - general elections held in even-numbered years on first Tuesday after first Monday in November; may be suspended or delayed due to state of emergency or impending emergency; a. Limitations on Reelection representatives, senators, lieutenant governor, cabinet officers, and U.S. representatives and senators may not appear on ballot for reelection if will have served eight consecutive years by end of current term; - state imposed term limits for members of Congress held unconstitutional by SCOTUS; B. Ethics 1. Campaign and Personal Finances elected officials and candidates must disclose campaign finances; officials must make public disclosure of personal finances, including amount and source of income and net worth; 2. Punishment for Breach public officers or employees who breach public trust for private gain are liable to state for gain; - if convicted of felony involving breach of public trust, public officers or employees also subject to forfeiture of pension and retirement benefits; 3. Restraints on Other Employment legislator prohibited from representing a party for compensation before state agency other than judicial tribunal during his term, or before legislative or administrative bodies of which he was a member or officer for two years following his term; C. Impeachment and Removal any public official may be removed from office; methods vary; 1. Impeachment governor, lieutenant governor, cabinet members, supreme court justices, district court of appeal, circuit court, and county court judges, may be impeached; - requires 2/3rds vote by the house to impeach; 2/3rds vote by the senate to convict; - impeachment does not affect criminal or civil liability of officer; only removes from office; 2. Suspension by Governor state or county officers not subject to impeachment; suspended by governor; - municipal officers may be suspended only if indicted for crime; - removal of officer by governor only occurs upon confirmation vote by senate; 3. Legislators may only be expelled by 2/3rds vote of house in which legislator is member; 4. Resignation effective upon proper submission; VII. Local Government A. Counties political subdivision of the state; 1. Charter and Noncharter Counties counties may be chartered or nonchartered; charter is adopted by voters in special election; - chartering broadens local government power; but state laws preempt conflicting county laws;

- if county ordinance conflicts with municipal ordinance, (1) in nonchartered counties, municipality prevails; (2) in chartered counties, county prevails for regulatory ordinances but supremacy clause of charter settles conflicts for provisions of services, i.e. police, fire, ambulance; 2. County Officers every four years, voters elect five commissioners, sheriff, tax collector, and other county officers; - county provides various government services to unincorporated areas within its boundaries; B. Municipalities creature of the state; perform traditional functions to protect health, safety, welfare, and morals of citizens; - annexation and merger procedures provided by general or special law; C. Consolidation and Transfer of Power - municipality may transfer individual functions to the county by vote of municipal and county residents or by contract; - county and municipal government may consolidate by special law approved by electors; VIII. School System A. General constitution requires uniform system of public education, free through secondary level; each county is a separate school district; contiguous counties may consolidate their districts upon vote of electors; B. State Board of Education supervises public education system; operates statewide school system; - school board in each district supervises the schools and determines rate of school district taxes; - state is prohibited from using public funds to support private schools; IX. Taxation and Finance A. State Taxation limitations on states right to tax; only local governments may levy ad valorem taxes on real estate or tangible personal property; imposes 6% sales tax on goods and no personal income tax; - ad valorem = tax based on value of real estate or personal property; - state revenues collected during fiscal year cannot exceed revenues collected in prior year plus adjustment for growth; B. Local Government Taxation 1. Ad Valorem Tax county, municipality, and school board each may impose an ad valorem tax on real property and tangible personal property of 10 mills, the constitutional limit; - mill = $1 for every $1,000 in value; - may exceed the constitutional limit of 10 mills for no more than two consecutive years, if approved by referendum; - property must be taxed at a uniform rate within taxing unit; a. Assessment of Property - assessment of most property = just value, i.e. FMV at propertys best and highest use for immediate future; - assessment of agricultural, noncommercial recreational, conservation, waterfront = character of use; - capped annually at lower of 3% or percent change in consumer price index; 2. Exemptions from Ad Valorem Tax a. Municipal Property exempt from ad valorem tax unless property leased to profit-making venture; b. Personal Property no ad valorem tax currently, but constitution permits it; c. Other Exemptions philanthropic organizations; to further economic development; historic properties; d. Homestead Exemption given up to $50,000 for persons permanent residence; - $25,000 given for first $25,000 in assessed valuation; - $25,000 given for assessed valuation between $50,000 and $75,000 for all levies other than school district levies; - senior citizens = county or municipality may give additional $50,000 exemption to persons older than 65 with income not exceeding $20,000; - living quarters for parent or grandparent = county may give additional reduction in assessed value of homestead property to offset increase in value resulting from modification of home to provide living quarters for parent or grandparent who is at least 62 years old; - veterans = discount for Florida veterans who are 65 years old and have combat-related disability; 3. Fees and Special Districts fees may be assessed on users of government facilities; special districts may also have limited taxing power for specific purposes, i.e. flood control, and must be created by referendum; 4. State Laws counties and municipalities cannot be bound by laws requiring them to spend funds unless legislature has determined that law fulfills important state interest, and: - funds have been appropriated and are sufficient to fund expenditure; - legislature authorizes county or municipality to enact funding source not available that can be used to generate needed funds; - law requiring expenditure approved by 2/3rds of both houses; - expenditure is required to comply with law applying to all persons similarly situated; OR - law required either to comply with federal requirement or for eligibility for federal entitlement that contemplated actions by counties or municipalities; a. Prohibitions on Legislature legislature may not act on general law if effect would be to reduce authority that counties and municipalities have to raise revenue as existed in 1989, or to reduce percentage of state tax shared in aggregate on 1989 with counties and municipalities, unless approved by 2/3rds of each house; b. Exceptions include, i.e. laws to fund pensions, criminal laws, election laws, etc.; C. Finance state must balance budget; may not borrow for ordinary operating expenses; may borrow for capital improvements and other public purposes by issuing revenue bonds or general obligation bonds;

1. Revenue Bonds designate and limit source of funds from which repayment is made; revenue funds come from rents, fees, tolls, or interest generated from project for which bond was issued; - for repayment, bondholders may not look to funds raised from general taxation or other nondesignated sources; 2. General Obligation Bonds pledge the full faith and credit of issuer to use general taxing power to raise funds to repay the loan; - municipality and county may issue general obligation bonds payable from ad valorem taxes that mature more than 12 months after issuance only with approval of electors, except for bonds financing pollution, road, bridge, and school projects; D. Taxation and Budget Reform Commission constitution provides for commission to recommend changes in constitution and statutory law regarding taxes; E. Revenue Shortfalls governor and cabinet authorized to establish reductions necessary to achieve balanced budget; each government branch is to implement its own reductions; X. Homestead Exemption from Forced Sale A. Homestead Property constitution gives certain protections to homestead property; - homestead property = residential property owned by natural person of up to one-half acre within a municipality, or 160 acres outside a municipality; personal property of up to $1,000; - proceeds from sale of homestead property retain homestead status if owner has good faith intent to reinvest in another homestead within a reasonable time; B. Effect of Homestead Status homestead property is protected from levy by creditors of owner but is not protected from forced sale to satisfy mortgages, mechanics liens, or taxes on property; - equitable liens may be placed on homestead property for other debts if fraud is involved in inducing the loan; C. Restraints on Devise homestead property may not be conveyed by one spouse without others consent; - may be freely devised only there are no surviving minor children or spouse, unless waived in antenuptial agreement; XI. Eminent Domain and Sovereign Immunity A. Eminent Domain state may not take property except for reasonably necessary public purpose and with full compensation paid to the owner; 1. Regulation or Police Power mere regulation or exercise of states police power does not constitute a taking but may give rise to a statutory action for damages if property is inordinately burdened; - whether there has been a taking is a question of law; 2. Inverse Condemnation property owner may have cause of action where state has acted to effectively deprive him of use of property, i.e. constructing noisy airport nearby; B. Sovereign Immunity suit may be brought against state and local governments and divisions by statute; - damages are capped at $100,000; - state may be liable for negligence in operational decisions but not in its planning decisions; XII. Miscellaneous Constitutional Provisions constitution designates English as official language of state; reserves title to lands under navigable waterways; sets state minimum wage adjusted for inflation annually; XIII. Constitutional Amendment A. Methods of Proposing Amendments and Revisions 1. Proposal by Legislature by joint resolution of 3/5ths of each house, legislature may place amendment or revision on ballot; revisions may cover entire constitution; amendment concerns one section; 2. Proposal by Revision Commission constitution revision commission convenes every 20 years; may propose revision of entire constitution or any part; 3. Proposal by Initiative people may propose revision or amendment by filing petition by February 1 of year in which election is held; a. Petition must contain a copy of revision or proposal; signed by sufficient number of electors in each of at least half of congressional districts in state; - signatures needed in each district is at least 8% of votes cast in district in preceding presidential election; - initiative proposal may concern more than one section but must deal only with one subject; requirement is more strictly construed than legislative single subject rule; - legislature must provide statement to public regarding probable financial impact of any amendment proposed by initiative; 4. Proposal by Constitutional Convention people may invoke constitutional convention by filing with secretary of state petition containing declaration signed by electors in each of at least one-half of congressional districts of state; - total number of signatures must equal number of voters comprising 15% of votes cast in each such district, respectively, and in state as a whole in preceding presidential election; - convention may propose a complete revision; B. Approval of Proposed Amendments and Revisions proposed amendment or revision must be approved by vote of electors; - proposal considered at first general election held more than 90 days after filed with custodian of state records; - chief purpose of proposed amendment must accurately be represented on ballot; otherwise, voter approval can be nullified by courts;