Legal Question in Constitutional Law in Florida

1. The United States Code consists of all the federal statutes currently in effect.

2. Some parts of the Code say how the government operates. Others are binding on all persons and entities within the United States. A few apply more narrowly.

3. When state and federal laws are in conflict, the federal law always trumps the state law. The contrary state law is invalid. But not all conflicts are apparent, and not all apparent conflicts are real.

Note that such conflicts don't actually erase the state statute. It remains on the books unless and until it is removed by the state. It just can't be enforced as long as the conflict remains. If the federal statute expires or is repealed, then the state law takes effect again. If the federal statute is declared unconstitutional, then it was never valid and there was never an actual conflict -- unless the unconstitutionality is due to a new amendment which took effect after the statute.

The Federally enacted Code (U.S.C.) is exceedingly long and complex. Accordingly many attorneys shy away from a Federal practice.

Some federal legislation affects individuals, some affects businesses, some affects professionals, some affects criminal proceedings brought by the U.S. Attorney, some regulate government agencies such as the IRS, some regulate the FBI, some involve the NSA- the list could go on and on if you had a year to read the Code and associated case law interpreting the Code.

Also, just because the Code is a creature of federal enactment does not in the least mean it is not applicable to States (O'Bama Care for example).

Your question of State Statues v. the Federal Code is much too involved to answer. In many instances the Federal Courts will enforce state common law (often enacted as a state statute) in the abscence of Federal law on the subject.

This is not a legal opinion upon which you can rely. That can only be obtained if you formally engage a Florida Attorney and sit with him or her one on one.