property, coverture restrictions, elective shares, personal property exemptions,and protections against fraud, duress, mistake, and undue influence.i. Section 732.803 is therefore unconstitutional.
j. A statute limited devises to charitable organizations. If a person died within 6 months of expressly devising to a charitable organization, the devise was void.k. The public policy reason for the statute was to prevent organizations from soliciting devises from dying people at their family’s expense.l. The property clause of Article 1, Section 2 was interpreted to mean that a person has a constitutional right to dispose of property by devise.m. The specific exception for aliens carved out of Article 1, Section 2 implied that the exceptions (including disposition of property) WERE applicable to non-aliens or qualified aliens.
5. Equal Protection Overlap—“No Person Shall Be Deprived of Any Right Because ofRace, Religion or Physical Handicap.”a. Schreiner v. Mckenzie Tank Lines, Inc. (Fla. 1983)(1)
Whether Article I, Section 2’s Deprivation Clause only acts to protectindividuals from government action or whether it protects against governmentAND private action against an individual where no government action exists.(2) The DCA ruled that state (government) action is required, similar to federalclaims under the 14th Amendment’s Equal Protection Clause and certifiedthe question to the Florida Supreme Court.(3) Fla. ruled that state action is required before relief can be granted underArticle 1, Section 2 of the Florida Constitution, affirming the DCA.(4) The Framers of the Florida Constitution didn’t intend for Article 1, Section 2to have a broader application “than the related provision of the FourteenthAmendment to the United States Constitution.(5) McKenzie Tank Lines employed Schreiner and fired him after having 3epileptic seizures.(6) Fla. cites Shelley v. Kraemer—the equal protection clause of the FourteenthAmendment “erects no shield against merely private conduct, howeverdiscriminatory or wrongful.”(7) Three parts to Article I, Section 2:
Equal Protection Clause—“All natural persons are equal before thelaw…”
Part 2 (identifies the inalienable rights of Florida citizens)—“which are . . .property…”
Deprivation Clause—“No person shall be deprived of any right, etc.(8) Transcripts of the Constitutional Revision Commission’s meetings show nointent to apply Article I, Section 2 to private action.(9) A statutory right exists protecting Schreiner from dismissal due to a physicalhandicap by a private employer. See § 23.161-167.
(10) Article 1, Section 2 claims require state action before a remedy under that provision may be given by the courts.(11) The legislative history didn’t indicate a desire to expand Article 1, Section 2 beyond state action.(12) Statutory COA’s currently exist to protect against similar private action (23.161-167).(13) The statutes may go BEYOND constitutional limitations. The constitutional limitations act as a floor on permissible behavior.