***Free Legal Tip of the Week*** Well today is veterans day, a today where we take out time to thank those who have served in our nation’s military. They sacrificed their time, commitment, and lives so that we maybe we afforded the right to freedom and all of its attributes. So with that being said, I wanted to do something different and talk about the rights we have as residents of Florida, and where it derives from in our Florida Constitution. Access to Courts: The Florida Constitution provides that justice shall be administered to all citizens without denial or delay. And that the courts are open to every person for redress of any injury. • If the legislature abolishes a cause of action, a reasonable alternative must be provides unless the legislature can show a compelling public necessity and no alternative method for meeting the public necessity. [Kluger Doctrine] Right to Privacy: Is expressly included in the Florida Constitution [unlike the U.S. Constitution]. - Every natural person has the right to be alone and free from governmental intrusion into her private life - Fundamental right, so strict scrutiny applies [compelling state interest and the least intrusive means used] Right to Work: is a fundamental right as it is a part of the FC’s declaration of rights. - No person may be denied a job because of membership or nonmembership in a labor union - Strict scrutiny applies [Collective Bargaining Strikes: (1) Both public & private sector employees have to the right to collectively bargain (2) Public employees do not have the right to strike Equal Protection and Due Process: Same as U.S. Constitution -There is no Intermediate Scrutiny in Florida (Only Federal applies that standard) -Florida expressly forbids discrimination based on (1) Race (2) Religion (3) National Origin; and (4) Physical Disability [Age is NOT a suspect classification, therefore use rational basis] -Remember just like in Federal- Equal Protection applies to discrimination to a FEW, while Substantive applies to ALL Amending Constitution: 1. Change or Amendment – Any changes in the constitution must be approved by vote of the people. • The constitution may be amended by altering or adding only one article or provision (a change to more that one article or provision is a revision) • A proposed amendment is limited to a single subject 2. Revision – the Constitution may be revised (i.e., changed in more than one article or provision. 3. Means of Proposing Change – There are five (5) ways to formally amend the Florida Constitution – proposals may be made and placed on the ballot by: (1) The legislature; (2) The Constitution Revision Committee; (3) Initiative of the People (4) Constitutional Convention (5) The Taxation and Budget Reform Committee This is just a small portion of the laws and attributes of our Florida constitution. Personally, I had another legal topic in mind that I was going to discuss, but seeing how today is a special day, I decided to do something a little different and talk about some of the rights we have (and sometimes take for granted) as not only American citizens, but also Florida residents. Some of us may actually receive a holiday from work, but freedom, thankfully, never takes a day off. Office: 321-332-6136 “Creating A Success Story, One Client At A Time” (Disclaimer- Because of the popularity of ‘free legal tips’ (my inbox messages) I have to note that my tips are strictly Florida Law based, and therefore should not be assumed to apply to your local jurisdiction. Furthermore, a tip taken from my facebook page does not constitute any form of ‘legal advice’ in regards to any specific situation and therefore does not establish an attorney client relationship. You must consult with an Attorney if you want a specific need and/or question answered.)
Posted on: Mon, 11 Nov 2013 17:01:13 +0000
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