FL con MUST know Flashcards

Question

Special Law

Answer 1

Applies to a Subdivision (Geographic or Other) NOT based solely on population * Requires either **Notice** or **Referendum** to Pass. Example: A law that creates a special tax just for Miami-Dade County.

Answer 2

1) a **notice requirement **OR 2) pass a **local referendum **in addition to the regular lawmaking process for general law. does not need to be specific but a reasonable person should understand thst their interest is directly affected.** ## Footnote notice requirement is the most common method

Answer 3

Limited to a geographic area established by population. * Distinguishable from special law because it **DOES NOT **require notice or referendum. Key test: If the population classification is “closed” (frozen to one place), it’s treated like a special law and needs notice or referendum. If “open” (other places could grow into it), it might survive as a general law. ## Footnote In order to be valid, population acts must have a rational relationship between the object of the act and the need for tying it to a specific population range.

Answer 4

* **bills of attainder** (laws that assign guilt to a specific person or group without court proceedings) * **Ex post facto laws** (laws that make something illegal retroactively or It punishes people for something that was legal when they did it )applies only to criminal cases * or **laws that interfere with legal contracts** Example: ex post facto laws If you drove 50 mph yesterday when the speed limit was 50, and today they change the limit to 40 and try to ticket you for yesterday

Answer 5

U.S. PRESIDENT (10 Days) * Direct Veto * Pocket Veto FLORIDA GOVERNOR (7 or 15 Days) * Direct Veto * Line-Item Veto ## Footnote * Unlike federal constitution, the Florida constitution DOES NOT ALLOW the governor to exercise “pocket veto”

Answer 6

Veto a bill by taking no action in it within a specific time frame

Answer 7

* The governor has** 7 days to review **the bill if the legislature remains in session OR * **15 days to review **a bill if during the initial seven day The legislature adjourned or take a recess of more than 30 days 7 if session — 15 if adjourned.

Answer 8

Allowing President or governor to veto **specific parts of a bill** such as particular spending items, without rejecting the entire piece of legislation. ## Footnote only over appropriation bills; all other bills must be accepted or rejected in their **entirety**

Answer 9

the Supreme Court shall adopt rules for the practice and procedure in all state courts and exercise **administrative supervision over them** | (the houses can only stike, not rewrite) ## Footnote However the procedural rules adopted by the court can be **overridden by a 2/3 supermajority **vote by both houses of legislature

Answer 10

1. Death Penalty Convictions (Circuit Court) 2. Invalidations of State Constitution/ Statutes (DCA) 3. Bond Validations (Circuit Court) 4. State Admin Agency Decisions on Utility Rates (providing electric, gas, or telephone service.) ## Footnote Bond =borrow money through public debt to fund things like schools, highways, etc.), DCA= District Court of Appeals

Answer 11

1. Validations of State Constitution / Statutes (DCA) 2. Expressly Affects Class of State Officers (DCA) Example: suppose a ruling expressly affects a class (all school board members across the state). If the decision **affects a whole group of public officials statewide** — not just one person — it could trigger discretionary review. 3. Express Conflict w/ another DCA or FSC Opinion. 4. Certified of Great Public Importance (DCA); or from Federal appellate court

Answer 12

Habeas / Mandamus / Quo Warranto / Prohibition/ All Writs

Answer 13

writs are to ensure government accountability, protect individual rights, and prevent abuses of power in FL's legal System.

Answer 14

often used by convicted defendants who have exhausted their regular appeal rights and now seek to claim that their trial and defense was defective. | must need one of the writs for FL sup. court to hear a case

Answer 15

* **Mandamus**: Court order ***compelling*** any state agency or officer to perform a specific act that they are legally required to do. (ministerial duty) | mandamus= A court order to do "DO YOUR LEGAL JOB"

Answer 16

* **Habeas**: Court order used to challenge unlawful detention or imprisonment. - it Requires the person holding a prisoner to come to court and state the basis for that detention | Also includes death penalty.

Answer 17

Legal action questioning whether a person or entity has the legal right to hold a public office or exercise authority. Ex: Governor trying to create a new agency without the power of the legislature. or someone excersing governor authority without being the governor. | "who gave you that (public) authority"

Answer 18

A Writ issued by a higher court preventing a lower court or government official from exceeding their legal authority. | "stop! youre about to act without Power!"

Answer 19

to issue any writ necessary to aid its own Jurisdiction, preserve the status quo, or protect its future jurisdiction

Answer 20

* one Supreme Court * Six District Courts of Appeal * 20 Circuit Courts * 67 County Courts

Answer 21

20 Charter Counties & 47 Non-Charter Counties

Answer 22

A Charter is essential a local constitution that grants a county *home rule powers. * * a charter county has more over its own governance and decision-making without needing direct state approval for every local law. | More loacal control as they act more independently

Answer 23

Any request of service from one entity to another : you will need a dual referendum | APPLIES TO PROVISION OF SERVICES

Answer 24

* **CIRCUIT COURT** SMJ INCLUDES: Felonies; Matters over $50K; Family matters including juvenile and guardianship * **COUNTY COURT** SMJ INCLUDES: Misdemeanors; Matters below $50K; Traffic; Landlord-Tenant; Local Ordinances | APPLIES TO PROVISION OF SERVICES

Answer 25

this county does NOT have its own charter. * it MUST follow the governance structure and powers given to it by the FL legislature. | STATE-Controlled (they must follow state rules more strictly) ## Footnote they have less flexibility and must get state approval for certain actions

Answer 26

* **Scope of power** is “all powers of self-government so long as it is not inconsistent with general or special law.” * **Leadership**: The structure can vary. * **conflict of law** : Charter shall provide whether county or municipal ordinances prevail if there is a conflict of law (only APPLIES TO REGULATION) ## Footnote .

Answer 27

* **Scope of Power**: what is provided by general or special law” (i.e., enumerated). * **Leadership**: consist of 5 or 7 member BoCC. * **Conflict of law**: rule that county ordinances do not apply within municipalities where there is conflict. ## Footnote Cannot conflict with Municipal Ordinance.

Answer 28

short for "*municipal corporation*” * Refers to any city,town and village formed under the laws of the state. * there are 411 Municipalities

Answer 29

* Both enjoy constitutional recognition (NOT sovereign) * they Only have two levels of soverighty: Federal and state

Answer 30

Municipalities can be created, changed, or removed through state laws. | Municipalities= Cities ## Footnote if a city is removed, its debts and financial obligations must still be handled.

Answer 31

Municipalities have the authority to: * Govern themselves * Run local services * make decisions for their communites unless state laws say otherwise. ## Footnote The people must elect the city's governing body

Answer 32

Municipalities: * can expand into surrounding areas, * merge with other cities, or * exercise certain powers outside their boundaries, BUT only if allowed by state laws.

Answer 33

any activity that a city or town provides **t****o benefit** its residents and promote the public welfare ex of *purpose*: - Public safety, public health, infrsutrsture, zoning and landuse, econnimic development.

Answer 34

* When the benefit to municipal residents is not readily apparent; * When the benefit appears to inure to non-municipal residents (Basic Energy); or * When the city has attempted to frustrate the purpose of another governmental entity

Answer 35

they are Government entites created by (general or special) law or local ordinance to provide specific services within a defined geographic area * They are NOT counties or municipalities * They are protected by sovereign immunity just like any other state government entity. * They are liable in tort only up to (now) $200K. ## Footnote they have **taxing and spending powers** (issue bonds and enforcing regulations) but are NOT soveriegn entities like counties or cities.

Answer 36

- Meaning an inferior government **cannot legislate **where the superior government *has authority to act and has expressly or impliedly “occupied the field”* .. ## Footnote or... a higher level of government (states or fed) l**imits or eliminates the authority** of a lower level of gov (counties or munic.. or special dist..) to **REGULATE a specific area of Law.**

Answer 37

The Legislature Explicitly states in a statute that it is taking full control of an area of Law. | which prohibits local governments from regulating in that area.

Answer 38

Even if there are no express statements, the superior government **has legislated so thoroughly** (i.e., occupied the field) that there** is no room left** for a lower government to legislate

Answer 39

occurs when a lower level law conflicts with a superior law so it is physically impossible to comply with both. ## Footnote if a local ordinance DIRECTLY contradicts state law, the ordinance is preempted.

Answer 40

All property owned by a municipality and used exclusively by it for municipal or public purposes **shall be exempt from taxation** ## Footnote if you lease your land. it is not exempted from taxation.

Answer 41

- according to or based on the value of....

Answer 42

* **Only local government** (not state) may levy ad valorem taxes on **real estate or tangible property** *Counties, school districts, and municipalities shall, and special districts **may, be authorized by law to levy ad valorem taxes** and may be authorized by general law to levy other taxes, for their respective purposes | levy= impose ## Footnote NO ad valorem taxes on motor vehicles, boats, trailers, trailer coached, or mobile homes (although license fees on these items are available).

Answer 43

People will pay taxes for what they are receiving Special benefits from. Special Assessment Two-prong Test: * (1) Whether the services provide a special benefit to the assessed property? and * (2) Whether the assessment is properly apportioned? ## Footnote Special benefit = a “logical relationship” b/w the services provided and the benefit to the real property.

Answer 44

FAILED the test and must therefore be financed by taxes: * indigent health care, * general law enforcement activities, and * the general provision of government. Examples of gov't functions that PASSED the test and can be done by special assessment: * solid waste collection and disposal, * stormwater management, * fire / rescue services (???), * parking facilities and downtown renovat ## Footnote Special benefit = a “logical relationship” b/w the services provided and the benefit to the real property.

Answer 45

**Only state** may levy ad valorem taxes on **intangible property** such as notes, bonds, and other obligations for pymt of money, ($1 per $1000 value times the number of mills auth by the particular gov entity). | but the tax CANNOT exceed 2 mills ## Footnote All other forms of taxation shall be preempted to the state except as provided by general law

Answer 46

Revenue bonds are backed by revenues generated from the project itself. They do not require a referendum to pass, but if the plan fails, there is no recourse to taxes to make up the shortage.

Answer 47

* GOB are backed by gov’t taxing power and therefore usually require a referendum to pass. * & an approval from the Fl. Sup. Court

Answer 48

**Only state** may levy ad valorem taxes on **intangible property** such as notes, bonds, and other obligations for pymt of money, ($1 per $1000 value times the number of mills auth by the particular gov entity). | but the tax CANNOT exceed 2 mills ## Footnote All other forms of taxation shall be preempted to the state except as provided by general law

Answer 49

**Only state** may levy ad valorem taxes on **intangible property** such as notes, bonds, and other obligations for pymt of money, ($1 per $1000 value times the number of mills auth by the particular gov entity). | but the tax CANNOT exceed 2 mills ## Footnote All other forms of taxation shall be preempted to the state except as provided by general law

Answer 50

The 14th Amendment of the Equal Protection Clause states that “no state shall deny any person within its jurisdiction its equal protection of the laws.”

Answer 51

A classification exists where a group of people are treated differently based on a characteristic

Answer 52

1. Strict Scrutiny 2. Intermediate Scrutiny 3. Rational Basis Review

Answer 53

When the government discriminates on the basis of: * race * natural origin * religion * alienage Physical disability **Rule:** Law presumed to be invalid, unless Burden on the government to prove that the regulation is necessary or narrowly tailored to achieve a compelling government interest

Answer 54

When the government discriminates on the basis of: * Gender/Sex * Non marital children Rule: Law presumed to be invalid unless Government has the burden of proving that the law is substantially related to achieve an important government interest.

Answer 55

When the government discriminates on the basis of: Age Wealth Public safety/health Disability Rule: Burden is on the challenger (plaintiff) to demonstrate that the law is not rationally related to a legitimate government interest.

Answer 56

Under the Florida Constitution courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial, or delay &. * Legislation cannot take away a statutory or common law right of action unless it provides a reasonable alternative, or proves there is an overpowering public necessity and no reasonable alternative exists.

Answer 57

At common law, individuals can sue for damages to their reputation by proving the following elements: (1) The defendant negligently published (2) A false and defamatory statement (3) Of and concerning the plaintiff (4) resulting in damages

Answer 58

Plaintiff must prove that the statements were made with “actual malice” * **actual malice**: with the knowledge of their falsity or with reckless disregard for the truth

Answer 59

**Rule**: the government can regulate that type of speech if: * it is intended to produce imminent lawless action (meaning the law violation occur immediately after the speaker urges the action) * likely to produce such action

Answer 60

O’Brien Test The government may regulate expressive conduct only if: 1. Be within the constitutional power of the government to enact 2. the law serves an important or substantial gov interest, 3. the government’s interest is unrelated to the suppression of free expression, 4. the law Prohibist no more speech than is essential to further that interest

Answer 61

Incitement of Illegal Activity True Threats Fighting Words Child Pornography

Answer 62

Limited public forums are designated public areas within government-owned facilities. Such as schools, libraries, and town halls. - The government may regulate speech in these forums, so long as those restrictions are ***reasonable and viewpoint-neutral***

Answer 63

True threats are statements intended to communicate a **serious intent to commit unlawful violence** to a specific individual or group. * True threats are unprotected.

Answer 64

* Two separate doctrines used to invalidate government regulation of speech. * Can be raised as a defense or in a pre-enforcement challenge of statute (declaratory judgment, injunction)

Answer 65

Regulation is overbroad if it captures more speech than is constitutionally permissible ## Footnote Compare amount of speech captured by the statute v. the speech the government can constitutionally capture or regulate

Answer 66

* Statute or regulation is vague if a person of average intelligence does not know if their speech is prohibited or if they will be punished for their speech. * Look for ambigous language

Answer 67

Student have protected speech so long as it is "**NOT materially and substantially interfere** " with the operation of the school. | (what they say or wear is protected)

Answer 68

encompasses a range of **nonverbal** actions, gestures, and symbolic acts that communicate ideas beliefs or emotions.

Answer 69

The government** may regulate** expressive conduct only if : 1) the law is within the constitutional power of the government to enact; 2) the law serves a significant or substantial state interest; 3) The interest must be unrelated to the suppression of speech (or "content neutral"); and 4) the law Prohibits no more speech than is essential to further that interest

Answer 70

**Content-neutra**l = not directly aimed at speech (O’Brien / draft cards) *** Content-based** = directly aimed at suppressing speech or a particular viewpoint (Johnson / Flag Burning) 2. Second, **apply the proper test.** * **Content-neutral** restrictions face O’Brien’s “Intermediate +” scrutiny and can survive * **Content-based** restrictions face **strict scrutiny** (and typically fail)

Answer 71

Forums that have historically been dedicated to public expressions and debate. spaces include parks, sidewalk, street, town squares. The internet. * Gov restrictions on speech in traditional public forums **must meet strict scrutiny.**

Answer 72

Non-public forums: spaces that are not historically dedicated to public expressions (such as military bases and prisons) - The gov has even greater discretion regulating speech in these forums. - Regulations still need to be r**easonable and viewpoint-neutral**

Answer 73

The government will rely upon to justify its restriction of either speech or assembly are: **Time, place, and manner restrictions (TPM)**

Answer 74

No person shall be deprived of any right because of race, religion, national origin or physical disability.

Answer 75

All provisions of and amendments to the FL Constitution are presumed to be complete and effective upon passage (i.e., self-executing) if the provision contains “sufficient rule".

Answer 76

It is expressly declared effective upon passage without need for implementing legislation.

Answer 77

Even if the government isn’t unconstitutionally discriminating, it MUST act fairly before depriving individuals of life, liberty, or property, usually by **providing notice** of the deprivation and some **kind of hearing** in which it can be contested ## Footnote asks only if the process was adhered to (did you have your day in court, etc).

Answer 78

When the overall law and proceedings are fundamentally fair (i.e., does the punishment fit the crime).

Answer 79

if the government conducts a search (such as of your home, phone, or personal records), Florida courts will look at: * Whether the person had a reasonable expectation of privacy. * If so, then does the government’s interest survive strict scrutiny.

Answer 80

* banking records * blood draws * Financial records in a divorce proceeding * psychological counselling in certain circumstances * NO Right to getting medical or any aid to DIE.

Answer 81

* disclosure of an individual’s HIV status * right to refuse medical treatment (such as a life-saving blood transfusion) * getting an abortion (kids do not need parental consent)

Answer 82

Under the Florida constitution as implemented by statutes, every person has t**he right to inspect or copy any public record** made or received in connection with the official business of any public body or officer of the state

Answer 83

Under the Florida Constitution and statutes, every person has the right to inspect or copy public records related to official government business. For any law, rule, or action to be binding, four conditions must be met: 1. the meeting must be open to the public, 2. reasonable notice must be given, 3. minutes must be taken, and 4) **the venues of meetings must be accessible.** one main exception to the general rule is if a meeting occurs between any two individuals; **the rule begins with three officials** | if three or more, must meet the requirements above

Answer 84

* Setting up a state church * Passing laws that specifically aid one religion or aid religions generally * Punishing people for holding certain beliefs * Punishing people for attending or not attending church

Answer 85

Your state is in charge. All elections by the people shall be by direct and secret vote. (plurality: large group.. Not necessarily majority)

Answer 86

• Must be a citizens of the United tsates • Must be at least 18 years old • And who is a permanent Resident, if registered as provided by law, shall be an elector of the county where registered.

Answer 87

Florida has stripped some convicted felons(conviction of murder or felony sex offenses) of their voting rights for life. - The governor of Florida maintains the ability to clemency including a full rest relation of civil rights to those convicted of a felony or adjudicated mentally incompetent under Article 4 Section 8.

Answer 88

When people can file those cases directly with the Supreme Court — no need to go through a circuit court or DCA first.

Answer 89

prevents the government from establishing or favoring a particular religion. Courts look at both : 1) history and tradition & 2) Physical manifestation of punishment,

FL con MUST know Flashcards

(113 cards)