Article 3: Legislature Flashcards
(13 cards)
Separation of Powers
The Florida Constitution expressly incorporates the doctrine of separation of powers, mandating separation of the executive, judicial and legislative branches of government.
Legislative Sessions types
- organizational
- regular
- special
Organizational Session
- No new laws
- can only organize
- who is who / who is on what committee
Regular Session
- any bill you want
- introducing / voting
- lasts 60 days
- can pass any bill
Special Session
- called by Governor OR head of senate or house
- have to designate purpose of session
- can only pass bills related to that session
Single-Subject Requirement
“Every bill shall embrace one subject & matters properly connected therewith.”
- if violated, entire bill struck
Default Effective Date of Laws
Effective date = date government can start enforcing law
- bill can state when that is
- if bill doesn’t state, effective date is 60 days after the end of the session
Executive Action After Bill Passage
- after session, bill gets sent to Governor: either signs or vetos
- if signs: becomes law
- if doesn’t sign: becomes law AFTER 7 DAYS
Types of Law
- general law
- special law
- general law of local application
General Law
one that applies equally / uniformly statewide to all persons or circumstances
to pass:
(1) both parts of legislature (house & senate) vote to approve
(2) Governor signs
Special Law
one that applies differently to different people or places in Florida
to pass: 2 ways:
(i) Notice to Affected people:
- Give Notice of law going to be passed
- Legislature votes
- Governor signs
OR
(ii) Referendum (vote by affected ppl):
- Legislature votes
- Affected people vote
- Governor signs
General Law of Local Application
Think: does the law apply to population sizes?
Ex: No county with more than 100 people can do x
DO NOT NEED NOTICE OR REFERENDUM
Prohibition on Certain Types of Special Law & General Laws of Local Application
Can’t make special / general laws of local app for these types because they NEED TO BE UNIFORM THROUGHOUT THE STATE:
- Election Law
- Domestic Relations (divorces; GDs; Adoptions)
- Property Rights