Florida Legislature unconstitutional toward schools

The Florida Constitution is adopted and amended by a vote of the electorate. While the Legislature can vote to place a proposal to amend the constitution on the ballot, the amendment does not become law unless passed by the voters.

The voters elect their representatives to the Legislature, which is charged with adopting bills to address the needs and interests of the state of Florida, including the operation of local government entities, such as school districts. In adopting such bills, the Legislature is required to act within the constraints of the constitution the people have approved. When the Legislature fails to act within such constitutional constraints, the authority in place to provide a check on the legislative action is the judiciary.

The tool used by the entity that believes its interests have been adversely affected by an unconstitutional exercise of legislative authority is a lawsuit challenging the constitutionality of such an action.  A local government entity, such as a school board, that knows the legislature has passed a bill which usurps the authority bestowed upon that board by the people of the state of Florida has a responsibility to use the legal means in place to challenge the legislative act that is inconsistent with the will of the people.

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