FL Con Law

A. Justice shall be administered to all citizens without denial or delay, and that the courts are open to everyone for redress of an injury. Allows each person one appeal from final order.
i. Exceptions
1. If legislature abolishes a cause of action, a reasonable alternative must be provided, unless
a. Legislature can demonstrate compelling public necessity for abolition of right
b. No alternative method of meeting that public necessity can be established.

30% of first 250k in damages and 10% above 250k. Applies regardless of whether damages received in judgment, settlement, or otherwise regardless of # of D’s.

i. Can’t be vagueà Must be clearly worded so average person understands what is prohibited and permitted.
ii. Can’t be overbroadàIs overbroad if it prohibits constitutionally protected activities as well as not.
iii. Reasonably related to public welfare
iv. Enacted in accordance with constitution.

i. Single subject requirement
1. May cover only one subject and matter properly connected therewith. Each section of the law must be rationally and reasonably related to a single general goal.
2. Must have adequate title
a. Subject must be briefly expressed in the title of the act.
b. Need not be an index, only give notice as will lead to inquiry
3. Must have enacting clause
a. “Be it enacted by the Legislature of Florida

i. Apply uniformly statewide to all persons or circumstances
ii. Still General if facially apply statewide, although currently may have only very limited real applicability. (Even though you’re the only person that falls under category at the time, OK so long as others can fall in the category as well.)
iii. General laws that clearly apply only to known, specific individuals or geographic areas and exclude others are subject to attack.
iv. Law that uses geographical classifications in its terms, but which has an important statewide purpose or impact, may be a valid general law.

i. Law that relates to, or are designed to operate on known, specific persons or things or in specifically indicated part of the state.
1. May not be passed unless
a. NOTICE of intention to seek enactment has been published in newspaper of each affected county or
b. Law is to become effective only upon approval on referendum vote of electors of that area.

1. Every person who has legal or equitable title to real estate and maintains thereon a personal residence is entitled to a 25,000 dollar tax break. The 25,000 is subtracted from the value of the property before the millage formula is applied. The property may be held 1) by the entireties, 2) jointly, 3) in common, 4) as a condominium, 5)by stock ownership in a cooperative.
2. One exemption per family, per dwelling
3. Residency- If I have two properties, one in Fl and one in another state, and you get the exemption on the one in the other state, you cant get the exemption on the property in Florida unless you have a dependant who maintains a permanent residence there.
4. If house is worth 25,000 or less you pay no ad valorem tax on your residence.
5. If over 65 and household income is less than 20,000 you get 50,000 exemption.

A. Natural person
i. Extends to property owned by a “natural person”
b. Establishment before levy of creditors
c. Exceptions from protection
i. Taxes and assessments
ii. Mortgages
iii. Mechanic’s liens (for labor performed on the property)
iv. Equitable lien for fraud
1. Recently the Court permitted a bank to enforce an equitable lien against a wife who had been awarded homestead in dissolution where husband forged her name to the mortgage to induce a loan.
d. Inure to surviving Spouse or Heirs
i. Heirs need not be dependent

A. Inside a municipality-One half Acre limitation
i. Of contiguous land and is limited to the residence of the owner
b. Outside-160 Acre
i. If property annexed, owner must consent to the reduction of homestead protection once the property is part of a municipality.

a. Homestead may be forfeited if homestead is abandoned. This is a question of FACT.

A. If homestead is sold, proceeds retain homestead status if owner has good faith intent to reinvest proceeds in another homestead within reasonable time.
b. Surplus is reachable by creditors

A. Can’t alienate without spouse, unless you are creating a tenancy by the entirety with your spouse.
a. Can’t devise solely owned Homestead: Surviving spouse has right to live in family home for life.
i. Inside municipalityà1/2 acre limitation
ii. Outside municipalityà160 acre limitation
iii. Restraints on devise
1. Homestead may not be devised if owner is survived by spouse and minor child (spouse gets a life estate, and children get a vested remaineder.)
2. If owner is NOT survived by minor children, homestead may be devised to spouse.
3. If no spouse or minor child survive, homestead may be devised to whomever.
iv. Descent of Homestead
1. If homestead not devised, passes intestate
a. UNLESS survived by spouse and lineal heirs.
i. Spouse takes LE with remainder to lineal descendants per stirpes.
v. Waiver
1. When decedent is not survived by minor children, and surviving spouse has waived homestead rights, no restriction on devising.
vi. Homestead exemption passes to heirs

1) Is the sovereign power of the state to
a. Take private property for public purposes
b. Upon reasonable necessity and
c. Full compensation

i. Appropriating private property under the warrant or color of legal authority and devoting it to public use
ii. OR otherwise injuriously affecting it in sich a way as to substantially oust the owner and deprive him of all beneficial enjoyment for a substantial period.
b. Taking is a QUESTION OF LAW
c. When compensation is not required
i. Police power regulation is not a taking)à
1. Reasonable regulations pursuant to the police power intended to promote public health, safety, or general public welfare.
2. BUT if a regulation goes too far, to deprive the owner of beneficial use of the property, IT CAN BE A TAKING under inverse condemnation.
3. Note: Government action that inordinately burdens real property may give rise to a statutory right to compensation even if the governmental action does not rise to level of a taking.
ii. Public nuisance
1. No comp required when state destroys private property for purpose of protecting public health, safety, or other property, if the threat is serious and immediate. Such as protecting the spread of a fire.
2. If threat is not sufficiently immediate, state can destroy, but still must compensate.(Citrus Canker).
d. Incidental
i. Mere damages, such as those incidental to maintenance of an existing easement, do not constitute a taking.