Florida Con Law- Short Outline

I. BACKGROUND ...................................................................................................................................... 1
II. SEPARATION OF POWERS- Art. 2 3 ................................................................................................. 1
III. THE LEGISLATURE Art. 3 1 .............................................................................................................. 2
IV. THE COURTS Art. 5 1 .......................................................................................................................... 3
V. LOCAL GOVERNMENT ....................................................................................................................... 4
VI. TAXATION AND FINANCE ................................................................................................................ 5
VII. DECLARATION OF RIGHTS AND TAKING OF PROPERTY ......................................................... 8
VIII. HOMESTEAD ..................................................................................................................................... 10
IX. MISCELLANOUS ................................................................................................................................ 12
X. EXAMPLES OF OTHER CONSTITUTIONAL PROVISIONS..13

I. Background
a. Three keys to success: (1) start w/ what Const says; (2) key legal points in case law; and
(3) nuisances/exceptions/special considerations case law pointed out (4) what areas of law
or aspects of life are implicated by this
b. Florida has inherent powers federal government does not.
i. Inherent powers include: (1) power to organize and achieve its purposes; (2) power
to raise the money necessary to achieve its purposes; and (3) police powers
c. Self executing v. non self-executing
i. Self executing- establishes a sufficient rule that needs no aid of legislature to be
enforced. Preference is to read all provisions as self-executing.
ii. Non-Self Executing- vague, ambiguous
d. AMENDMENT PROCESS Art. 11- electorate vote for approval
i. Legislative amendment 1- 3/5 both houses
ii. Constitutional revisions commission 2 every 20 years
iii. Citizens initiative provision 3- 8% of electors in each of of the congressional
districts AND state as a whole single subject limitation
iv. Constitutional convention- 4
v. Taxation and budget reform commission 6
e. Single subject limitation applies to bills and amendments. Prevent long rolling. Red flag-
substantial affects more than one branch of government. Challenger has the burden.
Need logical and natural openness to purpose. Does not apply to statutes
f. Aids in interpreting
i. Ejusdem generis general term restricted by specific
ii. In pari material- Must try to harmonize
iii. Prospective reading- future only UNLESS const says otherwise
iv. Expression unius est exclusion altereus- expression of one thing = exclusion of
another
v. Read way that makes it constitutional
vi. Later enactment takes precedent
II. SEPARATION OF POWERS- Art. II 3
a. Non-delegation doctrine- no branch may encroach on the power of another branch AND no
branch may delegate to another branch its constitutionally assigned powers. Must be
specific
b. Judicial encroaches on Legislature Power
i. S.C. can change common law if (rare): (1) Common law is inconsistent w/ statute;
and (2) public necessity
ii. S.C. cannot change common law: if outdated (legis job to update unless fund due
proc issue)
iii. Judiciary tempted to REWRITE statute
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1. Cannot rewrite, cannot delete words; cannot construct/ interpret statute
completely
2. If statute is clear and unambiguous there is no room for judicial interpretation
unless absurd
c. Executive encroaches on the Legislature power
i. Legislature controls the purse
ii. Writes the laws and gives the executive branch authority to implement them
d. Judicial encroaches on Executive
i. Judges job is to apply laws and enforce them. Agencies are given great weight in
interpreting ambiguous statutes due to their specialized knowledge and talents
e. Legislature encroaches on Executive
i. Governor has supreme executive power to appoint all heads of agencies.
f. Executive encroaches on Judicial
i. Cannot remove judge b/c you dont like his ruling. Only if misfeasance, incompetent
neglect of duty, felony or drunk.
g. Legislature encroaches on Judicial
i. Legislature can say and require the judiciary to do things substantively
1. but NOT procedurally
III. THE LEGISLATURE Art. 3 1 broad inherent authority to determine what policy is
a. Constitutional Limitations
i. Subject Matter and title Requirements Art 3 6
1. Single subject- needs to be reasonable, reasonable person test. Prevents
hodgepodge & logrolling, surprise or fraud; and fairly appraises the people.
a. Statutes not subject to SSR
b. Session laws are subject to SSR
2. Title Requirements-must be reasonable. Title must incl notice of the subject
a. Subject- matter to which act relates
b. Object- purpose to be accomplished
3. Window period- applies before laws codified. Once codified, period elapses
and SSR cured.
ii. Appropriation bills- Art 3 12 legislature must pass every year. Single subject.
Governor has line veto. Every qualification/ restriction must directly and rationally
relate to purpose of appropriation.
iii. When Laws take Effect- 60 days after adjour sine die of the session enacted.
1. If Conflict- specific provisions in act clearly expressed supersede effective
date clause.
iv. Types Of Laws - Art. 3 10
1. General Laws- statewide application. Supersedes special act.
2. Special Law- applies to specific person or class for special treatment. Must
be relationship between law and special class. Need heightened and
rigorous notice OR referendum. Specific prohibitions Art. 3 11. May be
read as limitation to general law.
3. General law of local applicability- population act- must be reasonably related
to classification. Must be opened end. Cannot pertain to 20 forbidden
categories.
v. Governor veto- has 7 days. Extended to 15 if legislature adjourns sine die OR
takes a 30-day or more recess. If not signed within that time automatically
passes. NO pocket veto (unlike U.S. Const). No affirmative veto = passes.
1. Override- 2/3 both houses

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IV. THE COURTS Art. V5 1
a. Court Hierarchy
i. Supreme Court limited appellate, declares law
ii. DCA- appellate, error correcting courts
iii. Circuit Courts- trial court can be appellate for county courts
iv. County Courts- trial courts
b. The SUPREME Court
i. Matter of Right Art. 5 3(b)
1. Mandatory
a. Death penalty cases
b. DCA declared invalid a state statute or provision of state constitution
2. Granted by general law (from legislature)
a. Bonding cases
b. State agencies that regulate utilities
ii. Discretionary Review
1. DCA declares valid state statute or provision of state constitution
2. Affects class of constitutional or state officers
3. Conflict Jurisdiction majority decision and on the same type of law
4. Great public importance adverse party must seek review
5. Two DCA opinions in direct conflict
6. Bypass provision- covers non final & final orders of trial courts; self-executing
7. Constitutional Interpretation
iii. Writs- F.SC has limited amount of original jurisdiction, discretionary
1. prohibition order from higher to lower courts prohibiting
2. quo warranto authorization of person to hold office
3. mandamus compel to perform ministerial/ mandatory duty
4. Habeas corpus - criminal detainment
5. All writs necessary
c. DCA (5) Art. 5 4- Hears appeals as matter of right from T.C. final judgments OR order
which are NOT directly appealable to the F.S.C. or Circ court; issues of law. Binding on all
lower unless direct other local DCA
i. Appellate jurisdiction
1. Trial courts
2. Administrative agencies (local governments are NOT A.A)
3. Final orders of state agencies except public service commission relating to
rates or service utilities
4. Workers compensation
5. Other orders- non final orders of T.C as provided by S.C. are appealable
ii. Certiorari granted if decision below was NOT based on: competent and
substantive evidence; essential elements of law; and procedural due process.
iii. Discretionary review
1. DCA decision declares valid state statute or fed/state const
2. Interlocutory orders evidentiary hearings need to be done quickly
3. Administrative action prescribed by general law
4. May issue writs of habeas corpus
5. May issue writs of mandamus, certiorari, prohibition, quo waranto and all
writs necessary
d. CIRCUIT Courts Art. 5 5(b)
i. Jurisdiction
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1. Appellate jurisdiction- over orders of county cts that declare state
constitution/ statute unconstitutional and those certified by circuit court to the
DCA to be of great public importance; and certain administrative agencies
2. Trial jurisdiction- over all matters not allocated to the county courts
3. Common law certiorari discretionary. Only judicial or quasi-judicial actions.
Only available when no other remedy
a. Quasi judicial- apply law
b. Quasi- legislative- decide rules
4. Anything prescribed by general law (statutory certiorari)
e. COUNTY courts- must be uniform. Prescribed by general law.
f. Other Limitations on the Exercise of Judicial Power
i. Cases and Controversy requirement- none in Florida Constitution. Recognizes
general standing requirement from U.S. const. Cannot be advisory opinion, except
when authority given by const (i.e. single subject requirement)
ii. Mootness issues presented no longer live or when parties lack a legally
cognizable interest. Exception: capable of repetition yet evading review
iii. Ripe- actual present practical need for declaration
iv. Tax payer standing- more than a mere increase in taxes
v. Citizen standing- attack upon constitution grounds where legis taxing and spending
power without special injury
vi. Associational standing- needs: (1) substantial number of the associations members
are substantially affected by the challenged rule; (2) subject matter within
associations general scope of interest and activity; and (3) relief requested is type
appropriate for a trade association to obtain on behalf of its members.
vii. Standing to challenge administrative action. Need: (1) final action; (2) agency is
subject to provision of the act; (3) person seeking review was a party to the action;
(4) the party was adversely affected by the action.
viii. Third party standing- jurors
V. LOCAL GOVERNMENT
a. Consist of counties, split into:
i. Charter and non charter
ii. Municipal corporations and schools; and
iii. Other districts (hospital, water etc)
b. Are creatures of statute
i. May be abolished by the legislature
c. NON CHARTER COUNTIES Art. 8 1 counties whose source of government power
emanates from legislative authority
i. Cannot govern themselves
ii. Fl. Leg may effect them by general OR special law
iii. Can enact ONLY those ordinances consistent with both general and special law
iv. Conflict- municipal ordinance supersedes
d. CHARTER COUNTIES more power than non charter
i. Fl. Leg only impact on powers through general law
1. Special law- only if there is a vote
ii. May enact all ordinances that are consistent with general law
iii. Charter may say that chart county ordinance prevails over municipality
e. MUNICIPAL CORPORATIONS established, abolished, amended, annexed by general or
special laws
i. Municipal home rule power- grants all valid municipal powers to Municipal Corp that
is not expressly prohibited in the act. Unius et exclusion alterius.
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f. State-Local Relationships
i. Preemption by state is disfavored
1. Express preemption- clear, specified
2. Implied preemption- so pervasive that it completely occupies the field
3. Inconsistent with general law- cannot exist
ii. Presumption- against preemption
iii. Burden- on state to show statute preempts either expres or implied
g. Local-Local Art 9 3
i. Consolidation
1. Voting
a. County gets a vote
b. City may get a vote
c. Compare: Transfer of Powers Art. 8 4 both city & county get a vote.
2. No double taxing
3. Creditors city cannot consolidate to avoid creditors
4. Annexation- cities can annex part of unincorporated areas (counties not
cities)
VI. TAXATION AND FINANCE
a. Tax:
i. Definitions
1. TAX- broad, triggers need to pay, constitutional restrictions. Redistribution of
wealth
2. FEE- pay for services, benefit of the person, direct service, reasonable
relationship
3. SPECIFIC ASSESSMENTS- specific fee for people in a specific area who
pay for special benefits. Quid pro quo. Look at: (1) whether services at issue
provide a special benefit to the assessed property; and (2) whether the
assessment for the services is properly apportioned.
ii. Who can Tax? State & Local governments
1. Must be adopted by legislature (by general law)
2. Local Governments - Can tax ad valorem and property taxes
3. State cannot tax ad valorem and tangible personal property
a. Exception- special districts have ad valorem taxes
b. State can levy ad valorem taxes on intangible personal property
4. Tangible personal property
a. Value is the thing. Stock in trade and livestock
b. Can charge fee. Cannot tax.
5. Cities, counties Florida water districts cannot tax unless state statute says
they can.
6. Presumption- tax is valid
a. Burden- on challenger
7. Uniformity equal protection valid as long as distinction has some
rationality
a. There can be special taxing districts
iii. Mil rate one dollar in taxes for every thousand dollars of worth
1. Allowed by general law
2. Cities/counties/ schools = 10 mil
3. Water management = 1 mil
a. North west Florida management = .05 mil
iv. Assessment of value
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1. Done at county level governed by constitution
2. Ad valorem taxes must be just valuation fair market value; 8 factors; best v.
worst use
v. Constitutional Limitations must exempt these people from tax exemptions (floor)
legislature may go above these and exempt others
1. Ad valorem tax exemptions Art 7 3
a. City owned land
b. Education, scientific, religious, charitable use
c. Economic development grants
i. Employment of X amount of people, requires approval by vote
ii. Owners of historic buildings
iii. Conservation lands
vi. Restrictions on Estate, Inheritance and Income tax- Art 7 5
1. No estate, inheritance or income tax for natural persons who are residents or
citizens of the state
a. Corporations are not natural persons
2. Florida can only levy these taxes if and to the extent that the fed govt
recognizes a credit from what you paid in federal taxes.
vii. Homestead Exemption Art. 7 6
1. Must have legal and equitable title
2. Permanent address
3. Only one per person or family
4. School district, disability and age exemptions
5. 25K
6. Homestead is relieved by 25% of ad valorem taxes
7. Reasoning: we want people to stay in their homes
8. Pay by rate- not a complete exemption
viii. Limitations for unincorporated areas
1. Cities cannot be taxed by counties for service that is provided exclusively
outside the city
a. Benefit of test real or substantial benefit to city
b. FINANCE
i. Three Key things
1. Fla const precludes the incurring of govt debt to fund the daily operation of
government BUT allows debt to finance capital improvements (unlike fed
const)
2. Prevents misuse of govt bonding authority to primarily benefit private entities
3. Voter approval is generally required if govt is going to incur debt on publics
behalf
ii. State & Local governments can borrow money by issuing either (1) revenue bonds;
or (2) general obligation bonds.
1. Revenue bondnot backed by taxing power of issuing govt body and are
payable solely from funds derived from sources other than state tax
revenues.
a. Usually rents, fees, tolls or interest
b. Must be issued for a valid public purpose
c. Easier to float
d. Only seek payment through specifically identified revenue streams
identified in the bond
e. State government
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i. Used to finance or refinance capital projects
ii. No voter approval for capital projects BUT the projects itself
must be approved by the legislature
iii. Exceptions- scholarship loans, housing and conservation
f. Local government
i. Used for capital projects and to finance statutorily authorized
private industrial or manufacturing plants
1. Bonds paid solely from sale, operation or leasing of the
project
ii. Refinance outstanding bonds and interest thereon to obtain a
lower interest rate
2. General obligation bonds bonds secured by a pledge of the revenue
derived from the taxation power of the issuing governmental entity
a. State government
i. Bonds pledging the full faith and credit of the state, generally
issued only for capital projects and only after a vote
ii. Must serve paramount public purpose
1. if not one of four you must be public purpose test:
Exceptions no vote required**
a. capital projects (industrial plants)
b. pollution control
c. state roads and bridges
d. local roads
e. schools
f. refunding
2. must be essentially and primarily to the benefit of the
public
3. pledge of credit
b. Local government
i. Issue bonds to finance or refinance capital projects
ii. Voters must approve if it will take more than 12 months to pay
off/mature
iii. Payable from ad valorem taxes
c. Bonds can be floated for private entities: If
i. They meet one of the 4 exceptions [pub trust funds, u.s. bonds,
electric generating plans, capital projects] which allow an
incidental public benefit; and
ii. Those that meet the paramount public interest test, where there
is a primary benefit to the public
d. Test if no pledge of public credit:
i. It is enough to show that a valid public purpose is serviced
ii. Economic developed is a valid public purpose
iii. Restrictions on the Private Sector
1. Constitution prohibits financial aid to the private sector
2. Exceptions-
a. allows government to invest public funds and local governments to
partner to provide energy facilities
b. applies to issuance and sale of revenue bonds by local governments
to meet specified requirements
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i. Allows local governments to use revenue bonds to assist
private bus in the financing of major capital facilities that the
private sector could not afford to finance
1. Industry- any profit making enterprise that produces
goods or services
ii. Exempts- airports, port facilities, industrial/manu plants from
prohibition
1. Also any public purpose
VII. DECLARATION OF RIGHTS AND TAKING OF PROPERTY
a. Exists to: (1) protect rights not enumerated in fed BOR; (2) elaborate and go further; (3)
maintain an independent identify for the state
i. State can be more restrictive than federal govt
ii. Michigan v. Long. (p. 28 big)
b. Basic Rights- no right is absolute
i. Three basic rights: (1) enjoy life and liberty; (2) pursue happiness; and (3) rewarded
for industry and to acquire possess and protect property
c. Florida Rational Basis Test
i. Rational basis rational relationship to legitimate govt purpose
1. All substantive due process claims
ii. Strict scrutiny- must serve a compelling government interest; and narrowly tailored
to the least intrusive possible
1. Fundamental rights OR suspect class
iii. Heightened scrutiny- must be substantially related to the achievement of an
important government interest
1. Juveniles
iv. Federal equal protection clause (due process clause) governs and controls Fl.
Similar but not exact same language
1. Persuasive but not controlling
d. Right to assemble Art 1 15
e. Right to work and bargain collectively art. 1 5 fundamental right; strict scrutiny
i. Right to unionize; no right to strike
f. Prohibited Laws
i. Obligation to contractfundamental right; legislation cannot change your k
ii. Ex Post Facto Law- designed to protect an individuals substantive rights; violation if
two conditions met:
1. It is retrospective in effect
2. It diminishes a substantial substantive right the party would have enjoyed
under the existing law
g. Substantive Due process Art 1 9
i. Rational basis test
ii. Burden on the challenger to show that It is arbitrary or capricious
iii. Not a fundamental right
iv. Presumption for constitutionality if no fundamental right is violated
v. Substantive v. Procedural due process
1. Substantive- does it make sense?
a. Legislature- decide laws
b. Courts- ask if reasonable rational person thinks they make sense
2. Procedural- guarantees right to defend substantive claim
a. Notice and an opportunity to be heard by a neutral tribunal
h. Imprisonment for debt Art 1 11
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i. If you have the ability to pay and you do not you may be jailed
1. If you do not have the ability to pay you may not be jailed
i. Search and Seizure Law- Art 1 12
i. Similar as 4
th
A.
1. Distinction: Florida specifically identifies the right to be secure against
unreasonable searches and seizures AND unreasonably interception of
private communications by any means.
j. Administrative Penalties Art 1 18
i. Legislature gets to make public policy; but cannot write law giving executive power
to send you to jail (only judge can do this)
k. Access to Courts Art 1 21 pre 1968
i. Legislature cannot abolish substantive right, unless:
1. There is an overpowering public necessity OR
2. It replaces it with an adequate alternative
ii. ROL- creates an inaccessible barrier to the courts = violation
l. Right to Privacy Art 1 23
i. Greater than in constitution
ii. Must be deemed by a court to be reasonable reasonable person
iii. Bank records are covered by privacy but courts have to apply S.S.
iv. Applies to: education, personal rights, health healthcare,
v. Test: (1) reasonable expectation of privacy? (2) is the states interest in the intrusion
compelling and least drastic means possible?
vi. PUBLIC trials
1. General rule- open to public
2. Exceptions: (1) Necessary to ensure order and dignity in the courtroom; OR
(2) it deals with the content of the information
3. Closure in CRIMINAL cases okay if
a. Closure is necessary to prevent a serious and imminent threat to the
administration of justice;
b. No alternatives are available, other than a change of venue, which
would protect the Ds right to a fair trial; and
c. Closure would be effective in protecting the rights of the accused, w/o
being broader than necessary to accomplish the purpose.
4. Closure in CIVIL cases okay if: it is necessary
a. To comply with established public policy set forth in the constitution,
statutes, rules, or case law
b. To protect trade secrets;
c. To protect a compelling government interest
d. To obtain evidence to properly determine legal issues in a case
e. To avoid substantial injury to innocent 3rd parties [to protect young
witnesses from offensive testimony; to protect children in a divorce]
f. To avoid substantial injury to a party by disclosure of matters
protected by a common law or privacy right not generally inherent the
specific type of civil proceeding sought to be closed.
vii. Abortion same as federal law pregnancy is personal and private
1. State has compelling government interest only if after the second trimester
when the fetus is viable.
2. Cannot require parental consent for minors
a. Need either judicial waiver or notice
viii. Refusal of medical treatment
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1. Competent person has constitutional right to choose or refuse medical
assistance
a. Exception: (1) when it affects a third party or (2) the person is deemed
incompetent
2. State has legitimate interest in preventing people from dying (suicide)
ix. Privacy and Physician Assistant Suicide
1. Interest of the state in preventing suicide is compelling
x. Statutory Rape & Sexual Misconduct with a Minor
1. Minors have same privacy rights as adults
a. However, scope of what is compelling is broader
xi. Grandparent Visitation
1. Grandparents have little rights- must prove not seeing grandparent is
detrimental to child
2. Parents have huge rights in what their kids do
m. Taking of Property
i. Government cannot take private property without (1) Full compensation; and (2) a
public purpose
1. U.S = just
ii. Condemnation- need valid public purpose
iii. Inverse condemnation- severally impacting by destroying or regulating private
property
1. Determine if so onerous on landowner that it is like physical appropriation
2. Look at economic impact on landowner against governmental need/interest
(sliding scale)
3. Determine if land has an economically viable use
a. Using land for monetary purpose
b. Does not have to be the best use of land
VIII. Homestead
a. 4 legal requirements for establishing homestead property status
i. limited to real property owned by a natural person
ii. limited to fl resident who made/intends to make the property permanent residence
iii. natural person must be the owner of the property
iv. property claimed must not violate size and contiguity requirements
b. Homestead Exemption from Taxation
i. Total = $50k
1. First $25k applies to all private property taxes automatic
2. Const requires an additl exemption up to $25k to the assed value between
$50-75k and only to non school taxes
ii. Only one allowed
iii. May be awarded to renters
iv. Additional exemptions must be offered that legislature may by general law allow
municipalities to grant additional homestead if
1. Not exceeding $50K to
a. Any person who is 65 y/o and whose household income does not
exceed $25k OR
b. Any individual whose
i. Residence value is les than $250k AND
ii. Who has lived there for no less than 25 years AND
iii. Who is 65 y/o AND
iv. Whose household income does not exceed $25k
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v. Veterans- mandatory above 65, part/totally disabled MUST receive a discount
from ad valorem taxes if the disability was combat related & they were honorably
discharged
vi. Ad valorem discretionary- leg may by general law provide ad valorem tax relief
equal to the total amt or part otherwise owed on homestead property to:
1. Veterans surviving spouse (died in duty)
2. First responders surviving spouse (died in duty)
vii. Residency requirement must be permanent residence
1. Fact issue- based on the totality of facts and circumstances
2. Look at intent to return this year
3. Abandonment- need clear intent to leave
a. Benefit goes to taxpayer
b. Burden on tax appraiser
c. If abandoned must pay full taxes or get property taken from you
c. Homestead Protection from Creditors Art 10 4 must be established before levy of
judgment is recorded
i. Exempt from forced sale on behalf of creditors. Applied liberally in favor of
homeowner. Exceptions from homestead- there must be exempt from forced sale;
except for payments of taxes and assessment thereon; obligations contracted for
the purchase, improvement or repair for house by natural person. Exceptions for
debts that rise from the property itself include: (1) mortgages; (2) taxes and
assessments; (3) constructive liens
1. Acreage and contiguity limits
a. Outside- 160 acres of continuous land and improvements
i. Annexation- if you move outside to avoid limits but end up
within it, you are held to orig standards (what you bought into)
b. Inside- acre of continuous land
2. Personal property to the value of $1k
ii. Inured homestead- generally terminates on death of owner but will inure to the
benefit of the surviving spouse & heirs
1. Credits or deceased are still prohibited from executing on the now no longer
homestead
2. Cannot will/devise away your property to anyone other than spouse/heir
3. Who is an heir?
a. If the owner DOES NOT have a surviving spouse or minor children the
owner can devise the homestead in a will to any family member within
the class of persons categorized to take under intestacy statute.
i. If the owner HAS a surviving spouse or a minor child the
homestead cannot go to anyone else.
ii. If it is willed to a best friend that friend would not get the
homestead protection because the friend is not an heir.
iii. Restrictions on the Devise of Homestead Property
1. Restraints on the devise of homestead property only apply to solely owned
property
a. Real property owned by the decedent and a surviving spouse as
tenants by the entirety is NOT homestead property.
2. If the owner of the homestead IS survived by a spouse or a minor child
then property is NOT subject to devise
3. If homestead owner IS survived by a spouse and minor child
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a. The spouse takes a life estate and the child takes a vested remainder
interest in the homestead.
4. If homestead owner IS survived by a spouse and no minor children
a. The surviving spouse takes in fee simple by either devise or intestacy
b. If owner IS survived by a spouse and adult children the property
may not be devised by leaving less than a fee simple interest to the
surviving spouse.
5. A person cannot screw over their spouse or descendants with a will.
iv. Restrictions on Intervivos Transfers of Homestead Property
1. A married owner of homestead property may only alienate the homestead by
mortgage, sale, or gift, if his spouse consents to the alienation.
2. Exception: when the homestead is transferred by deed, the spouse doesnt
have to sign the deed she just has to know about the transfer.
v. Jointly Held Property
1. There is no homestead status when you own property as joint tenants with a
right of survivorship
vi. Termination of Homestead
1. Once the property acquires homestead status the status continues until the
homestead is abandoned, validly devised, alienated, or otherwise legally
transferred.
2. Homestead is abandoned when:
a. The owner has relinquished possession and
b. Has formed the intention of no longer using the property as a
homestead. (No intent to return)
i. There must be a CLEAR intent to abandon to terminate
homestead by both owner and family!
3. The homestead may not be devised if a spouse or a minor child survives
the owner.
IX. MISCELLANOUS
a. Article 1
i. Right to bear arms 8 3 day waiting period
ii. Access to public records and meetings- 24- government in the sunshine- open-
every person has right to inspect/copy public records; all meetings must be open
and noticed to the public. Duly noticed. Very broad meaning of public meeting
iii. Marriage- 27- legal union of only one man and one woman
b. Article 2
i. Natural resources & Scenic beauty 7- state must conserve and protect natural
resources and the everglades
ii. Ethics in Government 8- all elected constitutional officers and candidates must
file full and public disclosure of their financial interests; campaign finances; they
cannot represent others and collect money from representation for two years
c. Article 3
i. Session of the Legislature 3- must be in March. Governor may request a special
session and may only discuss such legislature business as was the reason for the
special session; or if given consent by 2/3 of each house/
1. Regular Sessions cannot exceed 60 consecutive days
2. Special session cannot exceed 20 consecutive days
a. Unless extended by 3/5 vote each house

d. Article 4
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i. Cabinet 4- composed of: attorney general, chief financial officer, commissioner of
agriculture and governor
1. Duties prescribed by law
2. If tie b/w cabinet and governor governor wins
e. Article 10
i. Sovereignty lands 11- state owns water
1. May authorize sale by law when in the public interest
2. Authorize private use if not contrary to the public interest
ii. Suits against state 13 state allows itself to be sued
1. Limit of 200k for any one person and 300k for all claims
X. Examples of other constitutional provisions
a. Art 10 18- disposition of conservation lands
b. Art 10 21- limiting cruel and inhumane confinement of pigs during pregnancy
c. Art 10 22- parental notice of termination of minors pregnancy
i. Legislature CANNOT limit or deny the privacy right guaranteed to a minor under
U.S. constitution but they can require a general law notifying parent or in the
alternative a judicial waiver.
1. Consent is unduly burdensome and unconstitutional
d. Art 10 23- slot machines counties can hold referendum on whether they want to
authorize slot machines.

* possible argument of why citizens shouldnt be responsible for adding legislation leads to ridiculous
statutes