Sources Law of Florida

1 sources

1.1 constitution
1.2 legislation
1.3 regulations
1.4 common law , case law
1.5 local ordinances
1.6 other

sources

the constitution of florida foremost source of state law. legislation enacted florida legislature, published in laws of florida, , codified in florida statutes. state agencies publish regulations (sometimes called administrative law) in florida administrative register (far), in turn codified in florida administrative code (fac). florida s legal system based on common law, interpreted case law through decisions of supreme court, district courts of appeal, , circuit courts, published in florida cases, southern reporter, florida law weekly, , florida law weekly supplement. counties , municipalities may promulgate local ordinances. there several sources of persuasive authority, not binding authority useful lawyers , judges insofar clarify current state of law.

constitution

the florida constitution (the state constitution) defines how statutes must passed law, , defines limits of authority , basic law acts of legislature must comply with.

legislation

pursuant state constitution, florida legislature has enacted legislation, called chapter laws or generically slip laws when printed separately. these in turn compiled laws of florida , called session laws . florida statutes codified statutory laws of state.

the florida constitution defines how statutes must passed law, , defines limits of authority , basic law florida statutes must complied with. laws approved florida legislature , signed law governor of florida. types of laws prohibited state constitution.

regulations

pursuant statutes, state agencies have promulgated bodies of regulations (sometimes called administrative law). regulations codified in florida administrative code (fac). florida administrative register (far) daily publication containing proposed rules , notices of state agencies. there numerous decisions, opinions , rulings of state agencies.

common law , case law

florida s legal system based on common law, interpreted case law through decisions of supreme court of florida, florida district courts of appeal, , florida circuit courts. there no official reporter. opinions of supreme court , district courts of appeal published in florida cases (a florida-specific version of southern reporter) , florida law weekly. appellate , trial court opinions of florida circuit courts , county courts published in florida law weekly supplement. florida reports published opinions of court 1846–1948.

florida courts practice judicial review, means laws , regulations can struck down (ruled unconstitutional) florida state courts. florida constitution, in article v, section 2(a), vests power adopt rules practice , procedure in courts in florida supreme court, has adopted florida rules of civil procedure. although title vi of florida statutes labeled civil practice , procedure , statutes contains limited issues of substantive law.

local ordinances

florida s counties , municipalities may promulgate local ordinances. municipal ordinances take precedence on conflicting non-charter county ordinances, whereas ordinances of charter counties may prevail in specific circumstances defined in charters.

other

in addition, there several sources of persuasive authority, not binding authority useful lawyers , judges insofar clarify current state of law. florida jurisprudence major legal encyclopedia.