1.2 Legislative Branch and Lawmaking Process
Key Takeaways
- General laws apply uniformly statewide; special laws target specific local areas and require 30 days notice or referendum.
- Article III, Section 11 lists over twenty prohibited subjects for special laws, including rules of evidence and taxes.
- The Single-Subject Rule prevents logrolling, requiring all parts of a bill to relate to a single legislative purpose.
- A bill's title must provide fair notice of its contents, and the enacting clause must use exact mandatory language.
Article III of the Florida Constitution establishes the legislative branch, vesting lawmaking power in a bicameral Legislature consisting of a Senate and a House of Representatives. On the Florida Bar Exam, candidates must master the precise constitutional rules that govern how laws are drafted, categorized, and enacted. Procedural defects in the legislative process can render a statute unconstitutional and void ab initio.
Categories of Laws: General vs. Special Laws
The Florida Constitution divides legislative acts into two primary categories: general laws and special laws.
General Laws
A general law applies uniformly throughout the state. It does not require a specific geographic nexus. A law can still be classified as a general law even if it does not have immediate statewide practical effect, provided it applies to all entities meeting its criteria (e.g., a law regulating all counties with a population over one million).
Special Laws
A special law operates in a specific, limited geographic area or applies to specific, named individuals or entities (e.g., a law regulating charter fishing in only one specific county). To prevent discriminatory local legislation, Article III, Section 10 imposes strict procedural requirements. A special law cannot be passed unless one of two conditions is met:
- Notice: Notice of intention to seek the law is published in a newspaper of general circulation in the affected locality at least 30 days prior to its introduction in the Legislature; or
- Referendum: The law contains a provision stating that it will not take effect until it is approved by a majority vote of the electors in the affected area.
Prohibited Special Laws
Article III, Section 11 lists over twenty subject areas where special laws or general laws of local application are strictly prohibited. In these areas, the Legislature may only act through uniform, general laws. Key prohibited subjects include:
- Regulation of elections and election officers
- Assessment or collection of taxes for state or county purposes
- Rules of evidence or judicial procedures in courts
- Punishment for crimes
- Granting of divorces
- Changing of names of individuals
- Creation of private corporations
If the Legislature passes a special law touching on any of these prohibited categories, the law is unconstitutional on its face.
General Laws of Local Application
Also known as 'population acts,' these laws use population classifications (e.g., counties with populations between 150,000 and 160,000) to target specific areas without complying with the notice or referendum requirements of special laws. To be constitutional, there must be a reasonable relationship between the population classification and the subject matter of the law. If the population bracket is a mere subterfuge to target a single county, it will be treated as an unconstitutional special law.
The Single-Subject Rule and Title Requirement
Article III, Section 6 mandates that 'every law shall embrace but one subject and matter properly connected therewith, and the subject shall be briefly expressed in the title.' This requirement is designed to prevent 'logrolling'—the practice of combining unrelated bills to secure passage—and to ensure the public and legislators have fair notice of the law's contents.
Applying the Single-Subject Rule
All provisions of a bill must have a logical or natural connection to a single, overarching legislative purpose. Courts apply a deferential standard but will strike down legislation that bundles completely unrelated topics (such as environmental regulations combined with civil trial procedures).
The Title Requirement
The title of the act must put a reasonable person on notice of the subjects addressed within the bill. If the title is deceptive or fails to mention a major provision of the act, that portion of the law (or the entire act) may be struck down as unconstitutional.
Mandatory Formalities of a Bill
For a bill to become a valid law in Florida, it must comply with several formal constitutional requirements:
- Enacting Clause: Every law must begin with the exact phrase: 'Be It Enacted by the Legislature of the State of Florida.' A statute lacking this precise clause is constitutionally invalid.
- Readings: A bill must be read in each house on three separate days, unless waived by a two-thirds vote of the membership of that house.
- Passage: The bill must receive a majority vote in each house.
- Executive Approval or Veto: Once passed, the bill is sent to the Governor. The Governor has 7 consecutive days to sign or veto the bill while the Legislature is in session. If the Legislature adjourns sine die, the Governor has 15 consecutive days from the date of presentation. If the Governor does not sign or veto the bill within the allowed timeframe, it becomes law without signature. A gubernatorial veto can be overridden by a two-thirds vote of the membership of each house.
Comparative Summary of Legislative Rules
| Rule / Concept | Definition / Requirements | Purpose / Limitations |
|---|---|---|
| General Law | Applies uniformly statewide | Default category of lawmaking |
| Special Law | Targets specific local areas or entities | Requires 30 days published notice OR local voter referendum |
| Prohibited Subjects | Cannot be regulated by special laws (e.g., taxes, evidence, elections) | Forces uniform statewide standards |
| Single-Subject Rule | Bill must cover one topic and connected matters | Prevents logrolling and legislative package deals |
| Title Requirement | Subject must be briefly expressed in the title | Prevents sneak legislation and ensures public notice |
Which of the following conditions must be met for a special law to be constitutionally valid under the Florida Constitution?
On which of the following subjects is the Florida Legislature constitutionally prohibited from enacting a special law?
If the Florida Legislature is in session, how many days does the Governor have to veto a bill before it automatically becomes law without a signature?