Constitution/SOP
A practice whereby an amendment is proposed which contains unrelated provisions, some of which electors might wish to support, in order to get an otherwise disfavored provision passed
What is logrolling?
Who has Immunity From Ad Valorem Taxation?
Federal Government property
State Government property
County Government property
What are the REQUIREMENTS FOR LAWS?
a. Cannot be vague
b. Cannot be Overbroad
c. Must be Limited to a Single Subject
d. Must Have an Adequate Title
e. No Amendment by Reference to Title
f. Must Have Enactment Clause
These laws applies uniformly throughout the state
What are General Laws?
What are the exceptions from Homestead protection?
Exceptions from Protection
Taxes and assessments against the property
Mortgages on the property; and
Mechanics liens (for labor performed on the property).
Article V, Section 1 of the Florida Constitution vests judicial power in four (4) courts:
State cannot levy BLANK taxes on real property, this power is limited to only local governments.
What are ad valorem?
Laws take effect on the date listed in the statute or on the BLANK day after the adjournment of the legislative session in which the statute was enacted.
What is the sixtieth (60) day?
Local governments in Florida consists of...
What is charter and non-charter counties, municipal corporations and school and other districts?
If one leaves homestead without intent to return, then homestead protection is forfeited. In order for BLANK to occur, both the owner and the owner’s family must have BLANK the homestead.
What is abandonment?
Governor possesses the authority to BLANK a bill enacted by the legislature, but the BLANK generally must extend to the entire bill.
What is veto?
These bonds are secured by the taxing power of the issuing government unit. The bondholder is paid back from tax revenue.
What are General Obligation Bonds?
Article II, Section 3 – “The power of the state government shall be divided into...
What is legislative, executive and judicial branches.
These laws single out a particular person, object, location, class for special treatment. They relate to specific people, places (geographic areas) or things.
What are Special Laws?
If you sale homestead and intend to reinvest the BLANK within a reasonable time in a new homestead, the BLANK are protected and retain their homestead status.
What is proceeds?
The BLANK during which a law may be attacked generally runs from the effective date of the challenged law until the effective date of the law that reenacted the challenged law as part of the legislature’s annual adoption of the Florida Statute.
What is “window period” ?
Local governments do not raise all the revenue it needs from ad valorem taxes and supplement their revenues by charging fees against BLANK of government facilities.
What are users?
Article XI, Section 3 requires that any voter initiative proposal “shall embrace...
“but one subject and matter directly connected therewith”
BLANKS are creatures of the state. They may be established or abolished and their charters amended pursuant to general or special law.
What are Municipalities?
Article X, Section 6: (a) No private property shall be taken except for a public purpose and with full compensation therefor paid to each owner or secured by deposit in the registry of the court and available to the owner. (b) Provision may be made by law for the taking of easements, by like proceedings, for the drainage of the land of one person over or through the land of another.”
What is Eminent domain?
The state constitution, unlike the federal constitution, does not grant power to the state government. Instead, the State Constitution is a BLANK?
What is limitation on a state’s inherent power?
Article VII, Section 10: “Pledging credit. – Neither the state nor any county, school district, municipality, special district, or agency of them, shall become a joint owner with, or stockholder of, or give, lend or use its taxing power or credit to aid WHAT?
What are any corporation, association, partnership, or person?
What are private entities?
This doctrine requires that fundamental and primary policy decisions be made by members of the legislature who are elected to perform those tasks, and that the administration of legislative programs must be pursuant to some minimal standards and guidelines ascertainable by reference to the enactment establishing the program.
What is the Non-Delegation Doctrine?
General Laws of Local Application - For Population based acts to be constitutional:
1. The subject matter of the population act must be reasonably related to the population classification
2. The population act must be open ended, i.e., they must not be tied to a particular census,
3. The population act cannot pertain to the 20 forbidden categories.
There are four (4) basic requirements that must be satisfied for real property to constitute homestead property:
1. Must be owned by a “natural person.”
2. Must be a Florida resident who establishes that he or she made, or intended to make, the real property his or her permanent “residence.”
3. The person claiming the exemption must establish that he or she is the “owner” of the property.
4. The property claimed as the homestead must satisfy the “size and contiguity” requirements of the constitution.