Declaration of Rights 1.

Equal protection right to equal treatment under the law; state adopted federal standards of scrutiny; strict scrutiny applies to national origin, race, religion, and physical disability but not age; 2. Right to Bear Arms subject to three day waiting period and background check; counties may impose additional three to five days; 3. Right to Work may not be denied work because of membership or nonmembership in a union; right to organize; but public employees do not have right to strike; 4. Right to Pretrial Release right to pretrial release after been charged with a crime unless (1) capital or punishable by life imprisonment and high likelihood of guilt; (2) threat to public safety or judicial integrity; 5. Right to Indictment capital crimes must be brought by indictment; other felonies may be brought by information; 6. Right to Privacy government may not intrude on the private affairs of individuals; may require parental consent for minor abortion as long as alternative means, i.e. court approval; 7. Right to Access Public Records must be able to access records of public importance and attend public meetings; 8. Limitation on Contingency Fees 30% on first $250K and then 10% above; 9. Marriage one man and one woman; other valid marriages outside of Florida involving same sex not recognized; Executive = includes governor, and cabinet; cabinet includes attorney general, commissioner of agriculture, and chief financial officer; - faithfully executes laws, commissions executive officers, and conducts states affairs; Bill = (1) bill may be presented in either house; (2) bill must be read by title at least three times in each house; (3) bill passed by majority vote; (4) governor may veto bill within 7 days of pass (15 days if legislature out of session for 30 days); (5) veto overridden by 2/3 vote in each house; (6) bill becomes law 60 days after end of session or as stated in bill; Law must be clearly worded, not overbroad, and reasonably related to public welfare. It must cover one subject, subject must be mentioned in the title, it may not be amended by reference to the title only, and it must contain an enactment clause that states Be it enacted by the legislature of the state of Florida; General laws are laws of state-wide application, or may be of local application where based on population criteria. Special laws are laws that are enforced on a particular person, place, or entity. Certain types laws in Florida may only be general laws of statewide application including: election procedures, taxation laws, court procedures, family law, probate law, etc. etc. The legislature may also find that a particular type of law must be a general law with 3/5 vote. General appropriations laws cannot contain other subjects. Laws of other subjects may contain appropriations related to the particular subject of the law. The governor may veto a particular appropriation in a general appropriations law but may not veto a restriction or qualification of appropriation without vetoing the appropriation itself.

Each state government agency and department must provide a budget report based on the states financial outlook adopted by the budget commission and explain any variation with that budget. The agency and departments budget report, the governments proposed budget, and the legislatures appropriations must include a breakdown of recurring annual expenses and nonrecurring expenses. Recurring annual expenditures paid for by nonrecurring funds may not exceed more than 3% of the total budget, unless approved by 3/5ths vote. The commission includes equal numbers of members from both the state senate appointed by the president of the senate and the house of representative appointed by the speaker of the house. Action requires majority vote of members present at the commission. By September 15 of each fiscal year, the commission must present a financial outlook to all heads of state agencies and members of legislature to help create a budget for the following year. All general appropriations bills must be presented to all members of the legislature, the members of the cabinet, and the chief justice of the supreme court at least 72 hours before the bill is presented to either house in the form that the bill will be presented to the governor. Final budget report must be prepared no later than 120 days after the first day of the fiscal year. Copy of the report must be presented to each member of the legislature, heads of the agency, and chief justice of supreme court. A budget stabilization fund is created to keep 5% of total gross revenues from prior fiscal year. Balance of the fund may not exceed 10% of total gross revenue from prior fiscal year. Legislature must make rules for (1) using funds in event of emergency; (2) withdrawing funds when balance exceeds requirement; (3) etc. etc.; Legislature must make a long range financial planning document. Governor must review and make suggestions on how to improve financial planning document every two years. Heads of state agencies and departments must also submit long range financial planning document outlining a priority of expenditures and what expenditures will be put to the side in event that budget requires reduction. There are seven supreme court justices, one at least from each of the five judicial districts. The governor appoints a supreme court justice, from a list of three provided by a judicial nominating committee. After a six year term, the supreme court justices name goes onto a ballot where the electors decide whether the justice may serve another six year term. If the electors choose not to include justice, or a justice dies or becomes incapacited, the governor may fill the vacancy with another appointment from the judicial nominating committees list. Justices must be resident of district that they represent, elector of Florida, and under 70 years old. Justice of supreme court must have been a member of the bar for 10 years. Judicial qualifications commission may request removal hearings for judge for misconduct. Supreme court presides over removal hearings. If supreme court justice is subject to removal, most senior circuit court judges in the state serve as supreme court.

Supreme court has mandatory jurisdiction over cases involving (1) death penalty appeals; (2) bond validation hearing cases; (3) state wide utility rate decisions; (4) cases from DCA and circuit court which hold statute or constitutional provision unconstitutional; DCA has mandatory jurisdiction over final orders or judgments not appealable directly to supreme court or to circuit court; administrative hearing appeals; Separation of powers constitution divides state government powers between three branches: executive, legislative, and judicial; executive is charged with faithfully executing the laws, commissioning and appointing officers, and conducting the states business; legislature is charged with creating laws through bill process; and judicial branch is charged with deciding cases in courts and interpreting the laws; - constitution does not permit one branch of government to exercise the powers of another branch of government; - legislature may appoint to executive agencies the power to create regulations; statutes granting power to create regulations must provide specific guidelines; Legislator is prohibited from representing a private party for financial gain before an administrative body other than a court during his term. Legislator may not represent a private party before administrative body that he was a member of for at least two years after the end of his term. Governor, lieutenant governor, cabinet members, supreme court justices, DCA and circuit court judges may all be removed by impeachment. Impeachment requires 2/3 vote in house. Conviction requires 2/3 vote in senate. Impeachment has no affect on civil or criminal liability of individual being impeached. The governor may suspend officers who are not subject to impeachment. Municipal officers may be suspended only if indicted for a crime. Officers then may removed only with consent by the senate. In Florida, counties may be chartered or nonchartered. A county may adopt a charter by vote of the citizens. Chartering broadens the power of the county with respect to municipalities. Counties are political subdivisions of the state while municipalities are creatures of the state and provide services to citizens that promote health, safety, welfare, and morals. State law always preempts county laws. However, if a municipal law conflicts with a county law, (1) in a nonchartered county, the municipal law always prevails; (2) in a chartered county, the county law prevails for regulatory laws but the charters supremacy clause settles issues related to services, i.e. police, fire. Florida constitution provides that states may not levy ad valorem taxes on citizens. States may also not impose a personal income tax. State may impose a sales tax of 6% on goods. An ad valorem tax is a tax on real and personal property based on value. Counties, municipalities, and school boards may levy ad valorem taxes on citizens. The tax may not exceed 10 mills, the

constitutionally mandated maximum. A mill is one dollar on every thousand dollars of value. A local government may exceed the constitutional maximum for no more than two consecutive years. The fair market value of property is based on a just value. A just value is the value of the property at its best and highest use for the foreseeable future. Other property, including agricultural property, waterfront property, property for recreational use, etc., has value based on the character of use. The fair market value for tax purposes cannot exceed 3% of the value of the preceding year or the consumer price index, whichever is lower. There are properties and individuals who are exempt from the ad valorem tax. Municipal property is exempt from the ad valorem tax unless the property is leased to a for profit venture. Personal property is not taxed although the constitution permits it. Senior citizens over the age of 65 who live in Florida and earn an income of less than $20,000 receive some exemptions of the ad valorem tax. A homestead exemption is provide for the ad valorem tax on the first $25,000 in value of the property. An additional exemption of $25,000 is permitted on the value between $50,000 and $75,000 for all levies except those by the school board. Disabled veterans who were injured in the military and are older than 65 years old also receive an exemption from the ad valorem tax. An exemption for the increase in value of the home is also provided for individuals who modify their home to permit their parents or grandparents to move in as long as their parents or grandparents are greater than 62 years old. State cannot compel counties and municipalities to spend for particular purpose unless legislature determines it serves an important government purpose, and: - legislature passes law providing for funds for the expenditure; - legislature passes law providing that municipalities and counties can raise revenue for expenditure; - legislature passes law with 2/3 vote in both houses; - expenditure is necessary to comply with law applying to all persons similarly situated; - law is necessary to comply with federal requirement or provide federal entitlement that contemplates a role of county and municipal government; State must keep budget balanced every year. State may not borrow for general annual recurring expenses. State may borrow for capital improvement projects and other projects for citizens. State may borrow both revenue bonds and general obligation bonds. Revenue bonds are bonds that designate and limit the source of repayment for the bonds. The repayment for the bonds generally comes from the rents, interest, tolls, and other payments received from the project that the bonds were used to build. The bondholders of a revenue bond may not try to force the state to repay their funds from general revenue sources. General obligation bonds provide the full faith and credit of the issuer that the repayment will come from the general revenue raising of the state. Municipals and counties may issue general obligation bonds to paid with ad valorem taxes within 12 months of issuance only with consent of citizens through a vote, unless the project is related to roads, bridges, or other public works projects.

Florida constitution provides for a homestead exemption from creditors. Generally, a Florida citizen qualifies for the exemption where the citizen owns a personal residence in Florida. The residence may not exceed one-half acre if it is within the limits of a municipality, and 160 acres if it is outside a municipality. Personal property of up to $1,000 is also considered homestead property. The proceeds of the sale of a homestead property are also protected from creditors so long as the owner reasonably expects to use the funds to reinvest in a new property in the near future. The homestead exemption prevents the homeowner from running up debts with creditors, having the creditors levy interests on the homeowners property, and then forcing the sale of the property. The constitution provides that the creditors simply may not levy any interest on the property that has the protection. However, if the homeowner has creditors as result of improvements completed on the property or work completed on the property, i.e. a mechanics lien, then the creditor may attach a levy on the home. If the homeowner also has mortgages on the property placed by parties who provided the homeowner money or services, those mortgages also are exempt from the homestead exemption. If the homeowner also owes money for back property taxes, those back taxes are also exempt from the homestead protection. Equitable liens may also be placed ont eh property for loans that the homeowner obtained through fraudulent statements. The homestead of a married couple may not be freely devised without the consent of the other spouse. The spouse may not freely devise the property if there are minor children and a spouse, so long as this requirement was not waived in an ante nuptial agreement. State may not take property from private citizen unless serves reasonable public purpose and with full compensation to owner. Mere regulation or exercise of police power is not a taking but may give rise to statutory cause of action for damages if land is unduly burdened. Citizen may have cause of action of inverse condemnation if the state unduly burdens land so much so that it may not longer be used for normal uses. Constitutional amendments and revisions must be approved by voters but may be introduced several ways. An amendment revises only a section of the constitution; a revision revises any party of the constitution. The legislature may introduce an amendment or revision by 3/5ths vote in each house. The amendment or revision tehn goes to the ballot for voter approval. A constitutional commission convenes every 20 years and may submit any revision or amendment to the ballot. Voters may petition to amend the constitution by submitting a petition in February in a election year. The petition may concern more than one provision but must be about just one subject. The subject requirement is more narrowly construed than the requirement for bills. The petition must be signed by citizens from at least half of the congressional districts in the state. At least 8% of voters who voted in the previous presidential election in each district must sign the petition. The petition is then placed on the ballot for a vote. Legislature must come forward with a financial impact of the law. Finally, a constitutional convention may be called by the voters. Voters must file a request for a convention with the secretary of state. Voters from at least half of the congressional districts in the state must sign the petition. Fifteen percent of voters from each district and fifteen percent of total number of voters must sign petition. The convention may suggest a revise the constitution.

A revision or amendment must be approved by voters.

Federal Laws Conflict Police Powers