FL CONSTITUTIONAL LAW Flashcards

Question

Access to Court

Answer 1

The Fl Constitution provides that the courts *shall be open to every person* for **redress of any injury** and that justice shall be **administered without sale, denial or delay.** (Court has also been using Equal Protection in this Analysis). Under ***Kruger Doctrine,*** if the legislature abolishes a cause of action, a *reasonable alternative* must be provided unless (i) overpowering/compelling public necessity and (ii) no alternative method to meet the necessity. *Examples of Permissible* (Take away actions from worker who are injured but provides workers compensation system). *Examples of Non-Permissible* (severe caps on attorney’s fees, caps on damages, mandatory mediation or arbitration, very high filing fees)

Answer 2

There is a constitutional right to trial by jury in criminal proceedings. Compelling state interest and least intrusive means standard.

Answer 3

Every natural person has the right to be let alone and free from government intrusion except for (strict scrutiny) Examples - access to public records (Sunshine Laws), right to terminate pregnancies (with limitations), the right to refuse medical treatment, the right of parents to rear children.

Answer 4

Public records and meeting must be open to the public and duly noticed. Exemption can be made if (i) the law states a necessity justifying the exemption and (ii) the law is no broader than necessary to accomplish the goal. Examples - employee’s personnel files and bar applications.

Answer 5

Protects more strongly in some ways than Fed Const. Powers of state shall be divided into the legislative, executive, and judicial, No one belong to one branch can exercise nay powers assigned to either of the other branches unless expressly provided for in the FL Constitution.

Answer 6

One branch of government usurps the function of another branch.

Answer 7

The *legislature* has the power to make **substantive procedural** rules that prescribe duties and rights under the government. However, the *Fl Sup Ct* has the power to adopt rules for the **practice and procedure** in all courts.

Answer 8

Rules involving substantive policies about rights. Ex) Minimum Sentencing Guidelines, Three Strikes Rule

Answer 9

Civil and Criminal procedure, Filing Deadlines, Service of Process Rules

Answer 10

One branch giving some of its power to another branch

Answer 11

The legislature **cannot** delegate the power to make law or fundamental policy decisions. The executive agencies *may make rules* but the statute must **provide sufficient guidelines and standards** so that the agencies are merely implementing policy set by the legislature.

Answer 12

The Florida legislature is bicameral and consists of a Senate and House of Reps. The 40 senators are elected for terms of 4 years and the 120 representatives are elected for 2 year terms. Each house determines its own rules of procedure and may punish a member for contempt or disorderly conduct by majority vote of the membership.

Answer 13

Are called **annually** and last for 60 days. Laws on any subject may be enacted in a regular session by a *majority vote.* Legislature may extend or convene extra by **3/5** vote.

Answer 14

The governor may call special session by *proclamation.* Limited to **20** days. Must *state the purpose* of the special session and no other business may be acted upon w/o **2/3** vote.

Answer 15

A law must cannot be vague and must be clearly worded so that an average person will understand. The law cannot be over broad and prohibit constitutionally protected activities. The law must be related to public welfare. The law must meet constitutional requirements, which are (i) limited to a single subject (ii) has an adequate title (iii) the law is set out in the text and (iv) the law has an enacting clause.

Answer 16

Either a majority vote, a 3/5 vote, or a 2/3 vote depending on the act. **majority**- passage of bill in each house, joint resolutions, and reapportionment, to convict a state, county, or municipal officer. For either a **2/3 or 3/5 (super majority)** — *3/5 to extend a regular session*, or to convene a *special session*, in each house to amend revise constitution, to add prohibit subject to special laws and laws of general application, in each house to raise tax rate on corp income, and in each house to create state trust fund. **2/3 to extend special session to new business** to override gubranatorial veto, to convict state officer, to waive three readings of a bill prior to passage, for the house to impeach, to repeal the rules of practice and procedure.

Answer 17

**General Laws** — apply uniformly statewide to all ppl or circumstances. **Special laws** — relate to or operate on specific persons or things or in a specific part of the state (ex, applies to some counties but not others) — *must be given public notice* or be *approved* by referendum in the affected areas. **General Laws of Local Application** — a law that uses a classification scheme based on population or some other criteria so that its application is particular to localities. ***Does not require*** notice or referendum. Subject matter of the law must be reasonably related to the classification.

Answer 18

**MUST BE BY GENERAL LAW** CCREPLT PLARD change of venue *conditions to bring civil or criminal proceeding (tested frequently)* regulation of occupations Elections punishments for crimes, taxations, petite juries, lien creation, adoption, rules of evidence, divorce

Answer 19

Governor, Lieutenant Governor, and a cabinet.

Answer 20

Faithfully execute the laws. Can veto a bill w/n 7 days after presentation. If legislature adjourns, has 15 days to veto the bill. NO pocket veto, will automatically becomes law.

Answer 21

Performs duties assigned by the governor, succeeds in the event of death, or impeachment.

Answer 22

**ACC** Atty General, Chief Financial Officer, and Commissioner of agriculture

Answer 23

FL law protect people **from being forced to sell their primary residence** to satisfy most creditors but there are some exceptions. Only for *natural person* and only *one homestead* Homestead property consists of *contiguous* residential property owned by a natural person. Up to 1/2 acre within a municipality or 160 contiguous acres outside the municipality (in rural area). **Exceptions:** (i) taxes and assessments on the property, can be forced to sell to pay (ii) mortgages on the property (iii) construction/mechanics lien

Answer 24

Homestead protection may be forfeited if homestead is abandoned. **Question of fact,** *creditor bears the burden.* Probably occurs if owner leases the home out to another for more than one year.

Answer 25

Proceeds from the sale of the homestead will retain the status if the owner has a GF intent to reinvest in another homestead within reasonable time.

Answer 26

Homestead property may not be conveyed by one spouse **without** the other’s consent and may be *freely devised* ***only if*** there are no surviving minor children or spouse. If the deceased was *married but the sole owner* of the homestead and dies with no will, the homestead passes **intestate** — the surviving spouse gets a life estate with a vested remainder to the lineal descendants. (Can’t devise by will to someone else). *If no minor children* the homestead may be devised to the spouse. *If no spouse or no minor children,* the homestead may be devised to whomever they choose.

Answer 27

If the homestead is improperly devised, it will be devised under the homestead rules.

Answer 28

A surviving spouse may choose to take a one half interest in the property instead of a life estate. It will be held in tenants in common with the lineal descendants .

Answer 29

***Chartered Counties*** — has all powers that aren’t inconsistent w/ general and special laws of the FL and US Constitution. ***Non chartered Counties*** — isn’t very powerful, although it *may* enact ordinances as provided by general or special laws. Only has enumerated powers.

Answer 30

Established by legislative acts. They have home rule powers, meaning that they can govern themselves by their own ordinances. General power to protect health, safety welfare, EXCEPT (i) state preemption, county preemption (in some cases), forbidden by county charter, forbidden by city charter, constitutional limits.

Answer 31

The result depends on the type of the county and the subject matter. ***Charter v City*** (services) — dual referenda. ***Non-Charter v City*** (services) — city wins ***Charter v City (regulatory)*** — county wins ***Non-charter v City*** (regulatory) — City wins

Answer 32

Charter County beats City — State beats County — Florida Constitution beats State Statute — Federal beats State

Answer 33

the Florida Constitution creates school districts and it provides that the government must provide adequate, uniform, and free schools.

Answer 34

A school voucher is government money provided to parents to use to pay for private schools.

Answer 35

Is the sovereign power of the state ( and other govt entities by statute) to take private property to use for public purpose as long as it provides full compensation. Need (i) reasonable necessity (ii) public purpose and (iii) full compensation (FMV)(determined by jury) (iv) compensable rights (ppl other than landowners may be entitled to just compensation)

Answer 36

A property owner may have a cause of action for inverse condemnation if the state has effectively deprived the owner of the use of the property.

Answer 37

By statute, the state has waived sovereign immunity (in some circumstances) and suits may be brought against state and local goats and their divisions. Limitations on sovereign immunity, is when the government is doing something that private entities often do. There must be an underlying duty to the individual for the state to be sued.

Answer 38

Ad Valorem Taxes — taxes are assessed based on the value of property. ONLY local governments may levy.. Revenue Cap — the state can raise only a certain amount of revenue in any given year. Income tax — low for corporations, none for person. Sales tax — 6% Intangible Tax — state may level ad valorem taxes on intangible property.

Answer 39

Counties, municipalities, school districts, and special districts, have exclusive constitutional authority to tax the value of real and tangible personal property. The constitution places a 10 mil cap on a school, county and city taxes on real estate or personal property. Each mil is $1 per $1000. The mileage must be done uniformly. Most property is assessed at just valuation (FMV). Homestead property can increase only up to 3% per year.

Answer 40

Generally, government owned property, property leased for government purposes, personal property, economic development zones, grandparent quarters, philanthropic property, homestead tax exemption, disabled veterans.

Answer 41

Fees may be assessed on users of government facilities. The formula for the fee must be based on the per capita use of the fee. There should be no surplus, it should cover the cost of running the facility, not a profit. The fee must be applied toward the facility.

Answer 42

Is a geographically defined unit of government that performs special functions. Established by referendum and the voters agree to tax themselves for special services.

Answer 43

State requires Local Government to do something without providing money. Not bound to follow unless legislature can show that it fulfills an important state interest.

Answer 44

An IOU from the state. Must have a public purpose (broadly defined) and has to cover a capital improvement (projects like airports).. Incidental private benefits are OK, balancing test. Validation is needed to issue a bond, meaning court must make sure it is properly issued.

Answer 45

Paid off using revenue from the underlying project. No need for referendum because revenue bonds are paid back from sources besides taxes.

Answer 46

Paid off through taxes. State bonds pledging *full faith and credit* requires **elector approval.** Local governments can issue if the bonds mature more than 12 months after issuance.

Answer 47

Justifies of Sup Ct and Ct of Appeals are appointed by Governor and then a retaining election.

Answer 48

Nominating Commission identifies individuals for appointment to judgeships. The qualifications commission investigates and hears complaints about jducial misconduct and can recommend removal or reprimand.

Answer 49

Death Penalty, bond validation, decisions by dist CT’s of appeal declaring statutes or constitutional provisions invalid

Answer 50

Decisions that affect officers of state, conflicting decisions btwn dist ct of appeals, dis ct of appeal on the validity of state statute or constitutional provisions, decisions that the dist ct of appeal have certified as of great public importance, bypass certification (case is bypassing lower court because it involves matter of great public importance), federal certifications (fed ct certifies question regarding meaning of FL law)

Answer 51

Creates the rules of practice and procedure, jdx over the Fl Bar

Answer 52

Mandatory jdx over final orders and judgments, final orders of state agencies and appeals of certain non final orders and Admin actions

Answer 53

Final orders of circuit courts, no final orders from the circuit courts that depart from requirements of law for which no appeal is provided, and non final orders of state agencies if the review of the final order would not provide adequate remedy

Answer 54

Appellate jdx over final orders of local adm agencies, trial jdx when they have original jdx, when the amount is > $50k, or when there is an equitable remedy sought

Answer 55

**TOM 5** Exclusive trial jdx over cases involving Traffic infractions Ordinance violations Misdemeanors 50k or less

Answer 56

You cannot hold two positions at the same time. All meetings must be open and noticed to the public. There is a right of access to public records of any public entities (some exceptions). Serve terms of 4 years or less.

Answer 57

Proposal by legislature, proposal by revision commission, proposal by constitutional convention, proposal by initiative, proposal by taxation and budget commission

Answer 58

3/5 votes of members of each house to place on the ballet by joint resolution

Answer 59

The right of privacy is **expressly** included in the Florida Constitution. Every natural person has the right to be let alone and to *be free from* governmental intrusion into his private life. Because it expressly provides in the Florida Constitution, Florida's right or privacy is **considered to provide more** protection than the corresponding right under the US Constitution. The right of privacy under the FL Constitution is a *fundamental* right. Therefore, **strict scrutiny** applies. Government interference is permitted only if there is a compelling state interest and the least intrusive means are used to achieve that state interest.

Answer 60

One could argue that a subpoena would constitute an unlawful seizure under the FL and US Constitution. The right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, and against unreasonable interception of private communications by any means, is expressly guaranteed by the FL Constitution. The FL Constitution also provides that the guarantees against unreasonable search and seizure are to be construed in conformity with the 4th amendment to the US Constitution as interpreted by the US Sup Ct. Under the 4th amendment, most searches and seizures will be considered unreasonable unless they are pursuant to a warrant or fall within an exception. To be valid, a search warrant must be issued by a neutral and detached magistrate, be based on probable cause established from facts submitted by govt agent, and particularly describe the place to be searched and items to be seized. A subpoena on the other hand, may be issued upon a mere finding of reasonable suspicion. Counterargument -- The FL Sup Ct has made clear that the FL Constitution's search and seizure provisions have not been displaced or affected by the constitution's privacy provision. Further, a subpoena also satisfies procedural due process requirements.

FL CONSTITUTIONAL LAW Flashcards

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