FL Con Law Flashcards
(41 cards)
Which Florida courts have appellate jurisdiction?
1) Florida Supreme Court (limited jx)
2) District Courts of Appeals (main appellate court)
3) Circuit Courts (restricted)
Who is subject to the Florida Code of Ethics?
All state employees and nonjudicial officers
Does Florida impose the death penalty? If yes, what is the effect of an execution method being declared invalid?
Yes;
If the method is declared invalid, the sentence remains effective until a valid method is available.
May the governor veto less than all of a bill?
“DESANTIS CAN ONLY DO LINE ITEM VETOS in a BILL WHEN HE FEELS SPECIALLY APPROPRIATE IN GENERAL APPROPRIATIONS BILL”
Yes;
but only if it is a special appropriation in a general appropriations bill
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?
NO STATE REVS to AID Religious Groups
How may a municipality be created or abolished?
By general or special law
What is a general law?
Applies consistently/uniformly upon the entire states, statewide subjects, permissible classifications, or state function/instrumentality
Who may adopt, amend, or abolish a charter in Florida?
The COUNTY ELECTORS, in a SPECIAL ELECTION called for that purpose
What types of obligations with respect to a homestead are not subject to protection?
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
Must a bill originate in the Florida House or the Senate?
Either the House or the Senate
When must the right to vote that has been denied to a felon be restored?
It’s automatically restored upon completion of all sentence terms (including parole/probation) if not a murder or felony sexual offense
What are the three general conditions that must be satisfied for a homestead to be protected from a forced sale?
1) Qualifying ownership interest;
2) Property owner satisfies the RESIDENCY requirements;
and
3) Property meets the ACREAGE limitations (e.g. 1/2 acre or 160 acres of contiguous land)
Can ownership of a condo or a mobile home qualify as a homestead?
Yes
Under what circumstances may a defendant be detained prior to trial?
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
What is the monetary limitation on the protection of a homestead from a forced sale by a creditor?
There is none
How is a special law validly enacted?
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)
May a homestead be devised by an owner who is survived by a spouse or a minor child?
No;
Unless there is no minor child, then the homestead property may be devised to owner’s spouse only
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?
Statute: 1) Specifically states the public necessity justifying the exemption;
AND
2) Is NO BROADER than NECESSARY to accomplish its purpose
What is the time limit in days of a Florida REGULAR legislative session?
60 consecutive days
Which types of laws may not pertain to the punishment of a crime or court evidentiary rules?
– SPECIAL laws
– GENERAL LAWS of LOCAL APPLICABILITY
When may the legislature limit the right of access to the courts?
RAM Redress or OPN NAM
If legislature:
(1) provides REASONABLE ALTERNATIVE METHOD FOR REDRESS,
OR
(2) shows an “OVERPOWERING PUBLIC NECESSITY” and NO ALTERNATIVE METHOD to meet the need is AVAILABLE
Who is responsible for filling a vacancy in a state or county office?
The governor
What main conflict does the Florida Code of Ethics prohibit?
Conflict between public duty and private interests
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?
Solely because the felon has failed to pay fees that the felon is genuinely unable to pay
