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Is a Bill that has passed the Florida House and Senate and…

Customer Question
Is a Bill that has...
Is a Bill that has passed the Florida House and Senate and awaiting the governor's signature ever subjected to vetting as to its constitutionality, prior to being signed into law?
Hypothetical Scenario: A bill has just been passed by both the Florida House and Senate and is sent to the Governor for his signature. Presumably this bill is now ripe for vetting for constitutional muster. Any earlier vetting would be subject to changes in the wording of the bill and therefore not be ripe.
Question: Does the Governor, prior to sinning the bill into law, make sure that the proposed law is vetted for constitutional muster or not?
I have made inquiries in Tallahassee. It seems probable that no bill is ever so vetted.
I understand that a bill may be vetted by its sponsors prior to the bill reaching its final form. But that is unpersuasive. Because it reflects the sponsor's partisan bias and anyway is not the final wording.
So, presumably, the issue of whether or not it is unconstitutional rests entirely on the presumed belief that the sponsors had legally verified the original bill for that fact in some manner. Which is hardly possible since the wording of the original bill is often changed before it is passed.
It also looks like all the State Inspectors General, some of whom have duties that either do, or should include, making sure that no unconstitutional bill is ever signed by the Governor, have nothing to do with this issue. I regard this as a fatal flaw in the system. Because it means that unless and until somebody is willing to pay for and sustain the aggravation of any lawsuit, unconstitutional obligations can and will be imposed by the State.
How say you?
Submitted: 1 month ago.Category: FL Real Estate
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Customer reply replied 1 month ago
The question is a legal one not a home improvement one
Answered in 22 hours by:
3/17/2018
Lawyer: PhillipsEsq, Attorney-at-Law replied 1 month ago
PhillipsEsq
PhillipsEsq, Attorney-at-Law
Category: FL Real Estate
Satisfied Customers: 21,309
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Lawyer: PhillipsEsq, Attorney-at-Law replied 1 month ago

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Lawyer: PhillipsEsq, Attorney-at-Law replied 1 month ago

Your questions:

Is a Bill that has passed the Florida House and Senate and awaiting the governor's signature ever subjected to vetting as to its constitutionality, prior to being signed into law?

Response 1: No. Once a bill passes the House and Senate, the only thing the Governor can do is to sign or not sign/veto the bill.

So, presumably, the issue of whether or not it is unconstitutional rests entirely on the presumed belief that the sponsors had legally verified the original bill for that fact in some manner. Which is hardly possible since the wording of the original bill is often changed before it is passed.

It also looks like all the State Inspectors General, some of whom have duties that either do, or should include, making sure that no unconstitutional bill is ever signed by the Governor, have nothing to do with this issue. I regard this as a fatal flaw in the system. Because it means that unless and until somebody is willing to pay for and sustain the aggravation of any lawsuit, unconstitutional obligations can and will be imposed by the State.How say you?

Response 2: You are quite correct in your assessment of the situation. That's why Courts strike down laws all the time pursuant to a lawsuit for being unconstitutional.

Best wishes,

<p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site. <p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">

Thank you for your cooperation.

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