Robert M. Jarvis - Florida Constitutional Law in a Nutshell

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Florida Constitutional Law

In a nutshell

Robert M. Jarvis

Professor of Law
Nova Southeastern University

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ISBN: 978-1-62810-216-1

For Judge Rex J Ford

Preface

Since 1990, I have been teaching Florida Constitutional Law (FCL) at Nova Southeastern University (NSU) in Fort Lauderdale. Previously, the subject was taught by Associate Dean Rex J Ford. Just before he left to join the federal government, I audited his Spring 1989 course. His lectures continue to inspire me.

Throughout my time teaching FCL, no suitable study aid has existed. As a result, students repeatedly have asked me to write one. Accordingly, this book belongs as much to them as it does to me. It is my hope that it will serve as a useful guide to the constitutions meaning and, at the same time, bring its words to life (hence the reason for the inclusion of so many anecdotes).

During my work on this book, I received constant encouragement from Mac Soto and Stephanie Galligan at West Academic Publishing, as well as from Adriana Marinau, a friend who took unstinting interest in my progress. As always, my wife Judi provided unflagging support.

My NSU colleagues Rob Beharriell, Phyllis Coleman, Richard Grosso, Mike Masinter, Beth Parker, Becka Rich, Gail Richmond, and Alison Rosenberg regularly pitched in, as did Dean Jon Garon, who provided me with a research stipend.

Professors Edward LaRose (Stetson) and Patrick McGinley (Barry) kindly reviewed various chapters before they went to press. Associate Dean Tim Chinaris (Belmont) helped me with a particularly tricky research issue. Thanks also are due to bar review representatives Ashley Ahearn and Anna Taraszki (Kaplan), Nachman Gutowski (Themis), and Madison Nesbitt (Bar/Bri).

Nutshells , by design, are compact, with strictly-enforced word limits. This has required me to make difficult choices regarding what to cover, what to omit, and how much detail to include. Unsurprisingly, I have paid the most attention to those matters that, year after year, have bedeviled or beguiled my students. In this regard, Lauren Turner (NSU Class of 2015) deserves special thanks for sharing with me her detailed outline.

As I was nearing completion of the books first draft, Professor Sandy DAlemberte (FSU) passed away. His contributions are too many to list heresuffice it to say that anyone who has ever encountered the Florida Constitution is a beneficiary of his labors. Professors Clifford Alloway (Miami), John Cooper (Stetson), and Thomas Marks (Stetson), as well as Florida House of Representatives Clerk Allen Morris, also are due recognition for their work in our shared enterprise.

The research for this book closed on December 31, 2019. Ch. 23 explains how to locate amendments adopted after this date; case law updates can be obtained by using Westlaw.

Lastly, comments and suggestions are invited and can be sent to me at jarvisb@nova.edu.

Outline

Table of Constitutional Sections

(e) Congressional Establishment
Act (1821)

the U.S. Constitution
and the Florida Constitution

Eminent Domain and Private
Developers

iii. Return and Reenactment of
Vetoed Bills

Amendments to the Florida
Constitution

(d) Appeals from Administrative
Agencies

iii. Appeals from Civil Traffic
Infraction Hearing Officers

Taxation and Budget Reform
Commission

Table of Cases

References are to Pages

381651 Alberta, Ltd. v. 279298 Alberta, Ltd., 135

5F, LLC v. Dresing, 99

Abdool v. Bondi, 47, 429

Abele v. Hernando County, 293

Adams v. Dickinson, 455

Adams v. Gunter, 263, 666

Adell, In re, 233

Advisory Opinion of Governor, Appointment of County Commissioners, Dade County, In re, 371

Advisory Opinion of Governor, Term of Appointments for Governor, In re, 295

Advisory Opinion of the Governor Request of November 19, In re, 680

Advisory Opinion to Attorney General ex rel. Limiting Cruel and Inhumane Confinement of Pigs During Pregnancy, 107

Advisory Opinion to Attorney General re Protect People from the Health Hazards of Second-Hand Smoke by Prohibiting Workplace Smoking, 183

Advisory Opinion to Attorney GeneralLimited Marine Net Fishing, 105

Advisory Opinion to Governor re Judicial Vacancy Due to Resignation, 378

Advisory Opinion to Governor, In re, 46, 79

Advisory Opinion to Governor, Request of February 25 (Sarasota County Tax Collector), 370

Advisory Opinion to Governor1996 Amendment 5 (Everglades), 98

Advisory Opinion to GovernorRequest of June 29, In re, 435

Advisory Opinion to GovernorSchool Board MemberSuspension Authority, In re, 371

Advisory Opinion to the Attorney General re Adult Use of Marijuana, 182

Advisory Opinion to the Attorney General re Authorization for County Voters to Approve or Disapprove Slot Machines Within Existing Pari-Mutuel Facilities, 299

Advisory Opinion to the Attorney General re Authorizes Miami-Dade and Broward County Voters to Approve Slot Machines in Parimutuel Facilities, 299

Advisory Opinion to the Attorney General re Citizenship Requirement to Vote, 87

Advisory Opinion to the Attorney General re Competitive Energy Market, 225