Constitutional Law Florida

Question 1

Do ALL felonies have to be charged by presentment or indictement by a grand jury?

Answer 1

NO. Only capital felonies

Question 2

Can sale of alcohol in a specific county be addressed by a specific law or a law of general application?

Answer 2

Yes

Question 3

Is the lietanant governor a member of the cabinet?

Answer 3

NO

Question 4

Who may reside at an impeachment trial of an executive officer?

Answer 4

the chief justice of the supreme court

Question 5

MUST the supreme court review of a decision of a district court of appeal that passes upon a question certified by it to be of great public importance

Answer 5

no

Question 6

Name three mandatory jurisdiction cases for the supreme court

Answer 6

Appeals directly from final judgments of trial courts imposing the death penalty

Appeals from district courts of appeal declaring a provision of the state constitution invalid

Reviews of final orders issued by statewide agencies relating to rates or service of electric, gas, or telephone utilities

Question 7

Who may be denied the right to vote and hold office?

Answer 7

A person convicted of a felony or adjudicated mentally incompetent (in any state)

Question 8

What is a special law?

Answer 8

Relates to/operates in a specific part of the state, or upon particular people or things

Question 9

What is the acreage limitation for a homestead located outside a municipality?

Answer 9

160 contiguous acres (including improvements)

Question 10

What rights do the victims of a crime have with respect to prosecution of the alleged perpetrator?

Answer 10

Victims are entitled to
(i) be informed;
(ii) be present;
(iii) be heard (when relevant);
(iv) seek private counsel; and
(v) know name, address, and association with the defendant of defense members who contact victim.

Question 11

Is personal property protected from a forced sale by a creditor?

Answer 11

Generally, personal property is protected from forced sale if the total is valued under $1,000.

Question 12

What is a general law of local application?

Answer 12

Uses a classification scheme (based on population or other criteria) to restrict application to particular places

Question 13

How are justices to the Florida Supreme Court selected?

Answer 13

Appointed by the governor from a list of 3-6 names submitted by the Judicial Nominating Commission

Question 14

How can a bill become law without the governor’s signature?

Answer 14

(1) Governor does not veto within seven days; or (2) within 30 days if legislature adjourns indefinitely or takes a recess of 30+ days within the initial signing period

Question 15

What are the two types of counties in Florida?

Answer 15

(1) Charter county; and (2) Non-charter county

Question 16

The Florida Constitution recognizes what workers’ right and prohibits what type of union-employer agreement?

Answer 16

The Florida Constitution recognizes the right of collective bargaining and prohibits union/employer agreements to only hire union members.

Question 17

Does property have to be owned in fee simple absolute to qualify as a homestead?

Answer 17

No, because the holder of a life estate that is entitled to present possession of the homestead has a qualifying ownership interest.

Question 18

What is the residency requirement that a homestead must satisfy?

Answer 18

The real property must be the permanent, primary residence of the owner or member of owner’s family.

Question 19

What is the effect of a voluntary sale of a homestead on the protection from creditors?

Answer 19

Proceeds from the sale retain their protected status, as long as the seller
(1) Intends to reinvest the proceeds in another homestead within a reasonable time,
(2) Keeps the funds separate, and
(3) Reinvests proceeds in another homestead

Question 20

When is jury of more than six jurors constitutionally mandated in Florida?

Answer 20

In a capital case (12 jurors required)

Question 21

May a branch of government delegate its power to another branch?

Answer 21

No, nor encroach upon the powers of another branch

Question 22

Legal analysis of equal protection under the Florida Declaration of Rights is _______________ to the Equal Protection Clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution

Answer 22

identical

Question 23

What rights does a juvenile curfew set by a local government implicate?

Answer 23

Fundamental parenting, privacy, and movement rights

Question 24

Does the lemon test still apply in FLA? What is it?

Answer 24

In order for a law that is challeneged under the no establishment of religion clause to be valid, a statute must
(1) have a secular legislative purpose,
(2) have a primary affect that neither advances nor prohibits religion,
(3) not foster “excessive entanglement” with religion, and
(4) not authorize the use of public monies to directly or indirectly aid a sectarian institution.

Question 25

In Florida, no person convicted of a felony is qualified to:

Answer 25

to vote or hold office until restoration of civil rights. For persons with felony convictions **other than murder or a felony sexual offense**, the right to vote is** automatically** restored upon completion of all terms of their sentences, including parole and probation.

Question 26

# Access to Courts Can the legislature limit access to courts?

Answer 26

Yes

Question 27

What does access to courts mean?

Answer 27

The courts must be open to every person for redress of any injury.

Question 28

In a special session, the legislature may consider a topic that is different from the topic provided by the governor if two third of the legislature (in total, not each house) agrees.

Question 29

How long can a regular session convene for?

Answer 29

No more than 60 days

Question 30

How long can a special session convene for?

Answer 30

no longer than 20 days unless extended by a 3/5th's vote of each house

Question 31

Which Florida courts have appellate jurisdiction?

Answer 31

(1) FL Supreme Court (limited jurisdiction); (2) District Courts of Appeal (main appellate court); and (3) Circuit Courts (restricted).

Question 32

Does Florida impose the death penalty? If yes, what is the effect of an execution method being declared invalid?

Answer 32

Yes. If the method is declared invalid, the sentence remains effective until a valid method is available.

Question 33

# Line Item Veto May the governor veto less than all of a bill?

Answer 33

Yes, but only if it is a special appropriation in a general appropriations bill. ## Footnote MBE: President may NOT do a line item veto

Question 34

What is the acreage limitation for a homestead located within a municipality?

Answer 34

Up to one-half acre of contiguous land

Question 35

Besides prohibiting laws that establish religion or penalize/prohibit its free exercise, what limitation does the Florida Constitution impose on use of public money for religious purposes?

Answer 35

No state/political subdivision/agency revenue must be taken to aid any religious group.

Question 36

How may a municipality be created or abolished?

Answer 36

By general or special law

Question 37

What is a general law?

Answer 37

Applies uniformly upon: entire state, statewide subjects, permissible classifications, or state function/instrumentality

Question 38

Who may adopt, amend, or abolish a charter in Florida?

Answer 38

The electors of the county, in a special election called for that purpose

Question 39

What types of obligations with respect to a homestead are not subject to protection?

Answer 39

1) Taxes and assessments against the homestead, 2) Mortgages/Obligations for purchase/improvement/repair of homestead, and 3) Liens for labor performed on the homestead

Question 40

Must a bill originate in the Florida House or the Senate?

Answer 40

Either

Question 41

When must the right to vote that has been denied to a felon be restored?

Answer 41

It is automatically restored upon completion of all sentence terms (including parole/probation) if not a murder or felony sexual offense

Question 42

What are the three general conditions that must be satisfied for a homestead to be protected from a forced sale?

Answer 42

(1) Qualifying ownership interest, (2) Property owner who satisfies the residency requirements, and (3) Property meets the acreage limitations

Question 43

Under what circumstances may a defendant be detained prior to trial (not offered pretrial release)?

Answer 43

i. Capital offense/life imprisonment and evident proof/great presumption of guilt; or ii. Release conditions cannot: * a. reasonably protect community, * b. assure accused's trial presence, or * c. assure judicial process' integritys

Question 44

How is a special law validly enacted?

Answer 44

(1) Legislature can **enact a** special law (requires notice in a paper of general circulation); or (2) People within geographic location can **vote** on law via referendum (notice not required)

Question 45

The Florida Constitution guarantees the public disclosure of public records and public access to meetings of the legislative and judicial branches. When may the Florida legislature create exemptions from these disclosure and access rights?

Answer 45

Statute: (1) Specifically states the public necessity justifying the exemption; and (2) Is no broader than necessary to accomplish its purpose

Question 46

What is the time limit in days of a Florida regular legislative session?

Answer 46

60 consecutive days

Question 47

Can the Florida legislature override the governor's veto?

Answer 47

Yes, by a two-thirds vote

Question 48

Which types of laws may not pertain to the punishment of a crime or court evidentiary rules?

Answer 48

Special laws and general laws of local application

Question 49

When may the legislature limit the right of access to the courts?

Answer 49

If legislature: (1) provides reasonable alternative method for redress, OR (2) shows an "overpowering public necessity" and no alternative method to meet the need available

Question 50

Who is responsible for filling a vacancy in a state or county office?

Answer 50

The governor

Question 51

What main conflict does the Florida Code of Ethics prohibit?

Answer 51

Conflict between public duty and private interests

Question 52

Although the terms of a felony sentence may include the payment of legal financial obligations (e.g., fees, restitution, etc.), an otherwise-eligible felon cannot be prevented from voting when?

Answer 52

When the felon has failed to pay fees that the felon is** genuinely unable to pay**

Question 53

Which officials are subject to suspension by the governor?

Answer 53

Any state officer who is not subject to impeachment

Question 54

What restriction is placed on the modification of appellate jurisdiction?

Answer 54

to modify appellate jurisdiction a FL Constitutional amendment must be made

Question 55

What is time limit in days of a Florida special legislative session?

Answer 55

20 days unless extended

Question 56

What is true for both county types in regards to general laws?

Answer 56

Neither may operate in a manner inconsistent with a general law

Question 57

Unless waived by a two-thirds vote, how many days must a bill be read in each house?

Answer 57

three separate days

Question 58

Does the Florida Constitution specifically recognize a right of privacy? And if so, what does it generally encompass?

Answer 58

Yes. All natural people have the right to be let alone and free from government intrusion in their private lives.

Question 59

What is the main difference between county types in regards to special laws?

Answer 59

(1) Charter county─special laws require elector approval (2) Non-charter county─special laws do not require elector approval

Question 60

What is the purpose of the Florida Code of Ethics? What entity is charged with investigating violations of the Florida Code of Ethics?

Answer 60

Serve as a: (1) Guide for official conduct of state public servants, and (2) Basis for disciplining provision violations Commission on Ethics

Question 61

Who may claim the Homestead protection of property from a forced sale by creditors?

Answer 61

Only a natural person

Question 62

Fill in the blank. The protections afforded by the freedom of speech and press provision of the Florida Constitution are _______________ as those protections provided by the First Amendment of the U.S. Constitution.

Answer 62

at least as broad

Question 63

May the married owner of a homestead transfer it without the consent of the owner's spouse?

Answer 63

NO

Question 64

Are the rights to privacy, freedom of assembly, and freedom of movement fundamental rights in Florida?

Answer 64

YES strict scrutiny applies

Question 65

Do juvenille curfew's implicate fundamental rights?

Answer 65

YES he Florida Supreme Court has specifically held that juvenile curfews implicate these fundamental rights and are therefore subject to strict scrutiny.

Question 66

Probable cause must be

Answer 66

Probable cause must be individualized and specific