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Florida Constitution Revision Commission

PUB 700752: Criteria for Establishing the Constitutionality of Certain Statutes, Ordinances, and Regulations by Daniel Walker

ARTICLE II: GENERAL PROVISIONS, New Section.

Catchline: Laws and regulations restricting individual liberty must be reasonable, supported by credible evidence; other attributes required.

Statutes, ordinances, and regulations are presumed constitutional only in a rebuttable, minimal sense. All governmental restrictions of rightful individual liberty, liberty which does not harm the person or property of others, must be justified by reason and substantial credible evidence, meaningfully related to legitimate government objectives. Such restrictions must not be capricious, arbitrary, motivated by anti-competitive interests or unethical motives, or otherwise be in violation of this Constitution or the Constitution of the United States.