Florida Constitutional Law

Question 1

declaration of rights: florida constitution

Answer 1

State constitutions are restraints on government action.

state will argue it has the right to act under its police powers
* government has the power to provide for the general welfare, health, safety, and morals of the public
* action is taken by statute (state level), ordinance (local level), or executive order (emergencies)

Question 2

DECLARATION OF RIGHTS: DOR in general

Answer 2

Source: Article One, Declaration of Rights (“DOR”)

Generally provides more protection than the Bill of Rights of the U.S. Constitution

Question 3

DECLARATION OF RIGHTS: equal protection of the law

Answer 3

Operates similar to the 5th and 14th Amendments of the Constitution

When a law operates to the advantage/disadvantage of a suspect class or a fundamental right, that law is subject to strict scrutiny.

Neither equal protection nor due process applies unless there is state action

Strict scrutiny applies to suspect classifications: race, national origin, physical disability, religion

Question 4

declaration of rights: religious freedom

Answer 4

jurisdiction

Does a dispute involve:
* A question about discipline, faith, or internal organization?
* Concerns about an ecclesiastic custom, rule, or law?
* A purely secular dispute between a third party and the defendant, even if defendant is a religious organization?
* taxpayers in Florida have standing to bring Establishment Clause challenges.

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establishment of religion

DOR provides there must be no law respecting the establishment of religion.

No revenue from a state agency/subdivision can be provided in support of a religious/sectarian institution.

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free exercise of religion

Government cannot substantially burden an individual’s free exercise of religion unless the burden furthers a compelling government interest.

Question 5

declaration of rights: religious freedom

Answer 5

jurisdiction

Does a dispute involve:
* A question about discipline, faith, or internal organization?
* Concerns about an ecclesiastic custom, rule, or law?
* A purely secular dispute between a third party and the defendant, even if defendant is a religious organization?
* taxpayers in Florida have standing to bring Establishment Clause challenges.

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establishment of religion

DOR provides there must be no law respecting the establishment of religion.

No revenue from a state agency/subdivision can be provided in support of a religious/sectarian institution.

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free exercise of religion

Government cannot substantially burden an individual’s free exercise of religion unless the burden furthers a compelling government interest.

Question 6

declaration of rights: freedom of speech, press, and assembly

Answer 6

freedom of speech

DOR provides that every individual may speak, write, or express sentiments on any subject but must be responsible for abuses
* Remedied through tort cases (e.g., defamation, libel, and slander)
* Apply federal standard generally for these tort cases in Florida

Compared to the first amendment, the DOR is at least as broad, or even broader, in terms of protection.

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freedom of the press

Freedom of the press is a personal right, not a property right.

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redress of grievances

DOR provides people the right to assemble peacably, instruct their representatives, and petition for redress of grievances.

Individuals may petition any branch of government.

Not an absolute right.

Question 7

declaration of rights: right to work

Answer 7

• fl is right to work state
• Employees have a right to collectively bargain through unions.
• Efforts to abridge this right are subject to strict scrutiny.
• employment cant be conditioned on joining/not joining union
• Public employees do not have the right to strike.

tested like: county wants to build bridge, to speed it up it only hired non-union workers= unconstitutional

Question 8

declaration of rights: Right to Bear Arms

Answer 8

Preemption Statute
* Gives legislature complete control of regulation and right to carry arms in FL
* Local governments cannot have more restrictive regulations than the state

Mandatory 3-day waiting period (excluding weekends and holidays) between the purchase and delivery of a retail gun.
* Exceptions: people trading in an existing handgun or have a concealed weapon permit
* Does not prohibit person from selling gun to someone else

Question 9

declaration of rights: due process

Answer 9

DOR provides no individual shall be deprived of life, liberty, or property without due process of law, be put in jeopardy twice for the same offense, or be compelled to be a witness against himself.
* Similar to the Due Process Clause of the U.S. Constitution

Procedural due process: Protects an individual’s right to fair proceedings, including proceedings in conformance with FL Rules of Procedure and a guarantee that judgment will be rendered only after consideration of issues presented by adverse parties.
* Right to notice
* Right to a hearing before a neutral judge/decisionmaker

Substantive due process: Rights that are implicit in the concept of ordered liberty.

If the state passes a law that infringes a fundamental right, the law will be constitutional only if
it is narrowly tailored to serve a compelling government interest; burden is on state.

Question 10

declaration of rights: searches and seizures

Answer 10

• fl constitution: all fl courts will interpret search and seizure in accordance with us supreme court law
• basically, we will follow 4th and 5th amendment

Question 11

declaration of rights: habeas corpus

Answer 11

Must be freely given, without cost or delay

May be suspended only when doing so would be essential to public safety in
the case of a rebellion or invasion

Question 12

declaration of rights: pretrial release and detention

Answer 12

every person charged with crime is entitled to pre-trial release, except
* where proof of guilt is evident or presumption of guilt is great
* Person is charged with certain specific offenses (a capital crime or offense punishable by life in prison); or
* No conditions of release sufficient to ensure defendant shows up at trial or that the integrity of the justice process will be preserved

Question 13

declaration of rights: prosecution of a crime

Answer 13

Except for persons in a militia, defendant cannot be charged with a capital crime without a presentment or indictment by a grand jury.

Defendants may not be charged with other felonies without an indictment, presentment, or an information filed under oath by an officer of the court.

Question 14

declaration of rights: rights of defendants and victims of a crime

Answer 14

Victims or next of kin are entitled to be present and heard, when relevant, at all crucial stages of criminal proceedings.

Defendant must be informed of the nature and cause of accusation, given a copy of the charges, given a speedy and public trial by an impartial jury in the county where the crime was committed, to be heard in person, to have counsel, and to have the right of cross examination of witnesses.

Question 15

declaration of rights: excessive punishments

Answer 15

DOR prohibits excessive fines, cruel and unusual punishment, bills of attainder, forfeiture of estate, indefinite imprisonment, and unreasonable detention of witnesses.

Essentially the same as interpretation of the Eighth Amendment to the U.S. Constitution.

Bill of attainder is a legislative act that mentions a person by name and has the
intent of punishing that person.

death penalty is authorized in Florida but must not apply to defendants with
mental challenges or who are under the age of 18

If a particular method of execution is found unconstitutional, death sentence will stay until it can lawfully be carried out by another method.

Question 16

declaration of rights: access to courts and trial by jury

Answer 16

access to courts

FLC: Open to every person for redress of any injury, and justice must be administered without sale, barriers (denial), or delay.

Kluger v.White: Right to access may be limited by legislature if there is a reasonable alternative or the legislature can show “overpowering public necessity” for abolition of the cause.

trial by jury

All citizens have an absolute right to trial by 6 jurors in most cases and 12 jurors in capital cases.

Exceptions: Actions in equity, civil commitment, and eminent domain

Question 17

declaration of rights: right to privacy

Answer 17

every natural person in fl has right to be left alone- free from govt intrusion

Covers the fundamental liberty interest that parents have (e.g., vaccination status; curfew statutes: constitutional, so long as narrowly tailored)

FLC: Right to be let alone and free from government intrusion into a person’s private life

Question 18

declaration of rights: access to public records

Answer 18

Government officials cannot meet and discuss agenda items in private (Sunshine Laws)

Every person has the right to inspect or copy any public record connected to official business of any public body, officer, or employee of the state.

Gov’t Entities: Applies to legislative, executive, and judicial branches of government; counties, municipalities, and districts; and each constitutional officer, board, and commission.

Also covers meetings of any collegial public body of the executive branch of state government, collegial public body of a county, municipality, school district, or special district, at which official business or public business is done

Legislature may exempt records or meetings if law states with specificity the reason for the exemption and if the exemption is no broader than necessary to accomplish purpose of the law.

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1. ch 119 fl stat: every record in fl is public record
2. constitution grants right to public record. constitution grants legislature power in 119 to define what is/isn’t public record. if legislature wants to hide public record it can do it temporarily with 2/3 votes from both houses

Question 19

declaration of rights: taxpayers bill of rights

Answer 19

DOR requires the Florida legislature to prescribe a Taxpayer’s Bill of Rights.
* No income tax
* No new taxes unless a FLC amendment

Question 20

declaration of rights: limit on atty fees in medical cases

Answer 20

In contingency-fee cases in the medical context, the claimant must receive no less than 70% of the first $250,000 and 90% of any amount in excess of $250,000, excluding reasonable costs.

Question 21

declaration of rights: marriage

Answer 21

Florida statutes and state constitutional provisions define marriage as between one man and one woman, but same-sex couples may marry in Florida, and same-sex marriages from other states are recognized.

Question 22

declaration of rights: scrutiny for fundamental rights

Answer 22

strict scrutiny

Question 23

the legislature power

Answer 23

terms and qualifications

(1) senators

Election of senators is staggered—senators from odd-numbered districts are elected every four years in years that are multiples of four, and senators from even-numbered districts in even-numbered years that are not multiples of four.

Afterre apportionment, senators are elected for 2 year terms if necessary to maintain staggered terms.

(2) representatives

Representatives are elected for 2-year terms on even numbered years.

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sessions

(1) regular sessions

On the 14th day following each general election, legislature convenes to organize and select officers.

Regular session of the legislature cannot convene for longer than 60 days.

(2) special sessions

The govenor, by proclamation stating the purpose, may convene the legislature in special session.

During a special session, legislature may only transact business related to the proclamation that the governor issued or something else if two-thirds of the legislature agrees.

Unless extended by a three fifths vote of each house, special session must not last longer than 20 days.

Special session may also be convened when the president of the senate and the speaker of the house jointly file a proclamation with the secretary of state or when twenty percent of legislators file a proclamation, and three-fifths of each house vote to fix the day of the special session.
* you need a super majority vote (more than 50% have to approve).

(3) quorum

majority of the membership of each house constitutes a quorum.

Sessions of each house must be open to the public.

Prearranged gatherings between more than two members of the legislature, or between the governor, the president of the senate, or the speaker of the house of representatives, must be open to the public if those present intend to agree on current/subsequent taking of formal legislative action regarding pending legislation/amendments (i.e., Sunshine Law).

Each house may punish a member for contempt or disorderly conduct and may expel a member by a 2/3 vote.

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investigations

May compel the attendance of witnesses and production of documents and other evidence

When legislature is not in session, delegated committees have the same powers, except the power to punish.

Individual who is not a member of the legislature may be punished by a $1,000 fine, ninety-day imprisonment, or both for:
* Disorderly or contemptuous conduct;
* Refusal to obey a lawful summons; or
* Refusal to answer lawful questions.

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bills

Until it becomes law, it is a bill

Can originate in either house

Must be read in each house for three consecutive days unless rule is waived by two-thirds vote

Law must only address a single-subject and cannot be vague or overbroad.

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Executive Signature or Veto

Bill becomes law if the governor signs it or fails to veto it within 7 consecutive days after it is presented. Governor has 15 days to veto a bill before it becomes law when legislature recesses for more than 30 days or for an indefinite period.

If the governor vetoes part of a bill, the entire bill is deemed vetoed unless it is an appropriation bill.
* No pocket veto: If governor does not sign, bill becomes law on effective date
* Appropriation (i.e.,budget) line item veto: Governor may veto specific parts of an appropriation bill but may not veto any qualification or restriction without also vetoing the appropriation to which it relates
* Veto override: Each house must reenact or reinstate the bill by a 2/3 vote of the membership

Question 24

the legislature power

Answer 24

terms and qualifications

(1) senators

Election of senators is staggered—senators from odd-numbered districts are elected every four years in years that are multiples of four, and senators from even-numbered districts in even-numbered years that are not multiples of four.

Afterre apportionment, senators are elected for 2 year terms if necessary to maintain staggered terms.

(2) representatives

Representatives are elected for 2-year terms on even numbered years.

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sessions

(1) regular sessions

On the 14th day following each general election, legislature convenes to organize and select officers.

Regular session of the legislature cannot convene for longer than 60 days.

(2) special sessions

The govenor, by proclamation stating the purpose, may convene the legislature in special session.

During a special session, legislature may only transact business related to the proclamation that the governor issued or something else if two-thirds of the legislature agrees.

Unless extended by a three fifths vote of each house, special session must not last longer than 20 days.

Special session may also be convened when the president of the senate and the speaker of the house jointly file a proclamation with the secretary of state or when twenty percent of legislators file a proclamation, and three-fifths of each house vote to fix the day of the special session.
* you need a super majority vote (more than 50% have to approve).

(3) quorum

majority of the membership of each house constitutes a quorum.

Sessions of each house must be open to the public.

Prearranged gatherings between more than two members of the legislature, or between the governor, the president of the senate, or the speaker of the house of representatives, must be open to the public if those present intend to agree on current/subsequent taking of formal legislative action regarding pending legislation/amendments (i.e., Sunshine Law).

Each house may punish a member for contempt or disorderly conduct and may expel a member by a 2/3 vote.

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investigations

May compel the attendance of witnesses and production of documents and other evidence

When legislature is not in session, delegated committees have the same powers, except the power to punish.

Individual who is not a member of the legislature may be punished by a $1,000 fine, ninety-day imprisonment, or both for:
* Disorderly or contemptuous conduct;
* Refusal to obey a lawful summons; or
* Refusal to answer lawful questions.

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bills

Until it becomes law, it is a bill

Can originate in either house

Must be read in each house for three consecutive days unless rule is waived by two-thirds vote

Law must only address a single-subject and cannot be vague or overbroad.

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Executive Signature or Veto

Bill becomes law if the governor signs it or fails to veto it within 7 consecutive days after it is presented. Governor has 15 days to veto a bill before it becomes law when legislature recesses for more than 30 days or for an indefinite period.

If the governor vetoes part of a bill, the entire bill is deemed vetoed unless it is an appropriation bill.
* No pocket veto: If governor does not sign, bill becomes law on effective date
* Appropriation (i.e.,budget) line item veto: Governor may veto specific parts of an appropriation bill but may not veto any qualification or restriction without also vetoing the appropriation to which it relates
* Veto override: Each house must reenact or reinstate the bill by a 2/3 vote of the membership

Question 25

hierarchy of courts jurisdiction

Answer 25

top to bottom 1. supreme court 2. district court of appeals 3. circuit courts 4. county courts

Question 26

mandatory jurisdiction: supreme court

Answer 26

* death penatly * decisions of district court invalidating a provision in the state constitution/statute * bond validations * public utility cases

Question 27

mandatory jurisdiction: district court of appeal

Answer 27

* all matters not directly appealable to the supreme court or a circuit court * administrative appeals if provided by law

Question 28

mandatory jurisdiction: circuit courts

Answer 28

* felonies * family law * civil cases more than $50k * probate, guardianship, mental health * juvenile dependency, delinquency * appeals of decisions in certain administrative, noncriminal infraction, and other types of cases

Question 29

mandatory jurisdiction: county court

Answer 29

* misdemeanors * civil cases equal to or less than 50k * small claims less than or equal to 8k * traffic

Question 30

discretionary jurisdiction: supreme court and district court of appeal

Answer 30

* validating a state statute * construction of fl or us constitution * decisions affecting a class of constitutional or statutory officers * direct conflict with a supreme court or another district court decision * certain certified questions or conflict certified by the district court

Question 31

discretionary jurisdiction: district court of appeal, circuit courts, and county courts

Answer 31

* questions certified by the county court in a final judgment that is appealable to the circuit court

Question 32

how is fl con law tested

Answer 32

essay

Question 33

article 1: fundamental rights and us constitution parallels

Answer 33

* Enumerated rights * strict scrutiny for all

Question 34

article 3: legislature

Answer 34

test: 1. did they validly and constitutionally pass the law? 2. encroachment issues

Question 35

article 3: legislative sessions

Answer 35

* where bill gets passed (in which session) affects whether it was validly passed 1. organizational issues: **NO LAW CAN BE PASSED**. ONLY FOR ORGANIZATION. 2. Regular session: can pass any bill without restriction 3. special session: limits on what can be done. can be called by governor or heads of both houses. when you call special session, have to declare purpose and only laws related to purpose can be passed. members can vote to expand subject matter by 2/3 vote of both houses. limit to this session is 20 days.

Question 36

article 3: requirements for bills

Answer 36

* single subject requirements: in fl, every bill can only relate to one subject and matters properly connected to it

Question 37

article 3: adequate title and enacting clause requirement

Answer 37

* every bill must have adequate title= reasonable person put on notice of the body of the act * enacting clause= every bill must start with phrase: "be it enacted by the legislature of the state of florida"

Question 38

article 3: section in bills

Answer 38

* bills **must** be broken up into paragraphs

Question 39

article 3: default effective date of laws

Answer 39

* date law can start being enforced * default effective date is 60 days from end of session * can specify differently

Question 40

article 3: executive action after bill passage- approval (sign) or veto

Answer 40

* every bill passed by legislature must be presented to governor for signature (passed) or veto * after 7 days of presentment to governor, if he still has not signed it, it becomes law * bill, unless otherwise stated, is effective 60 days after end of session

Question 41

article 3: types of laws

Answer 41

1. general 2. special 3. general law of local application

Question 42

article 3: general law

Answer 42

Applies universally and uniformly to subjects, locations, classifications, and functions throughout the states law passed by legislature which applies to everyone, everywhere Most common law passed

Question 43

article 3: special law

Answer 43

applies only to specific locations (e.g., counties, etc.), persons, or things * to pass this law, give notice to affected people **or** pass through referendum (affected people vote for it)

Question 44

article 3: general laws of local application

Answer 44

* Uses classification scheme, including geographic boundaries or population numbers, so it applies only to a specific locality * general law, but based on population * "any county with more than x residents shall not y"= any county with more than 60k residents shall not water lawn on tuesday * no notice or referendum needed

Question 45

article 3: prohibition on certain types of special laws and general laws of local application

Answer 45

Topics deal with procedures of the court some areas of law so important must be uniform throughout the state , including: * Election, jurisdiction, or duties of officers, except officers of municipalities, chartered counties, special districts, or local governmental agencies; * Assessment or collection of taxes for state or county purposes; * Rules of evidence; * Punishment for crime; * Petit juries, except for the establishment of jury commissions; * Change of criminal or civil venue * Conditions precedent to bringing civil or criminal proceedings, or limitations of time * Refund of money legally paid or remission of fines, penalties, or forfeitures; * Creation, enforcement, extension or impairment of liens or interest rates based on private contracts; * Disposal of public property for private purposes; * Vacation of roads; * Private incorporation or grant of privilege to a private corporation; * Effectuation of invalid deeds, wills, or other instruments, or change in the law of descent; * Change of name of any person; * Divorce; * Legitimation or adoption of minors; * Relief of minors from the disabilities of minority * Transfer of any property interest of persons under legal disabilities or of estates of decedents; * Hunting or fishing * Regulation of occupations that are regulated by a state agency; and * Any other subject if the legislature passed a general law by a three-fifths vote in each house. **VVVVVVVVVVV** *appropriations* Laws making appropriations for salaries of public officers and other current expenses of the state cannot contain provisions on any other subjects. **VVVVVVVVVVV** *approtionment* (1) legislature Map of the districts for the house and senate are changed every 10 years. Legislature must apportion the state into no less than 30 and no more than 40 senatorial districts and no less than 80 and no more than 120 representative districts. If a resolution on apportionment is not reached, the governor must convene a special apportionment session, not to exceed 30 days, within 30 days, during which the legislature must adopt a joint resolution of apportionment. (2) failure to apportion If a special apportionment session adjourns without adopting a joint resolution of apportionment, attorney general and supreme court must make an apportionment. (3) judicial invalidation If supreme court determines that apportionment made by the legislature is invalid, the court must make its own apportionment within 60 days.

Question 46

executive power

Answer 46

*executive officers* (1) governor Supreme commander of all military forces in the state not in active service of the United States Must ensure laws are faithfully executed, commission all officers of the state and counties, and transact all necessary business with the officers of government may also * Require information in writing from executive/administrative state, county, or municipal officers upon any subject relating to their duties; * Initiate judicial proceedings in the name of the state against any executive/administrative state, county, or municipal officer to enforce compliance with any duty or restrain any unauthorized act; * Request in writing the opinion of the justices of the supreme court regarding the interpretation of the constitution; * Call out the militia to preserve the public peace, repel an invasion, or suppress a rebellion; * Address the legislature once in each regular session * Fill by appointment any vacancy in state or county office for the remainder of the term; * Suspend collection of fines and forfeitures, grant reprieves not exceeding 60 days and, with approval of two members of the cabinet, grant full or conditional pardons, restore civil rights, commute punishments, and remit fines and forfeitures for offenses; and * In cases of treason, grant reprieves until adjournment of the regular session of the legislature. (2) Lieutenant Governor Performs the duties assigned by the governor or prescribed by law pertaining to the office Becomes governor when the position is vacant and serves for the remainder of the term Becomes acting governor during impeachment proceedings and until the completion of trial or during governor’s physical/mental incapacity Only person in the state allowed to hold a second office simultaneously (3) cabinet Attorney General * Office of the statewide prosecutor is within the office of the attorney general. * The statewide prosecutor and attorney general have concurrent jurisdiction over crimes occurring/having occurred in two or more jurisdictions. chief financial officer * Settles and approves accounts against the state * Keeps all state funds and securities commissioner of agriculture * Has supervision over matters pertaining to agriculture (also consumer affairs) other cabinet duties * The governor serving as chair, with the chief financial officer and the attorney general, constitute the state board of administration, as well as trustees of the internal-improvement trust fund and the land-acquisition trust fund, and the agency head of the Department of Law Enforcement. **VVVVVVVVVV** In the general election, candidates for the offices of governor and lieutenant governor must form joint ticket. When elected, the governor, lieutenant governor, and each cabinet member must not be younger than 30 years old and must have resided in the state for the preceding 7 years. Attorney general must have been a member of the bar of Florida for the preceding 5 years. No one who has served as governor or acting governor for more than six years in two consecutive terms may be elected governor for the succeeding term, but there is no lifetime limit. No person may appear on the ballot for reelection as Florida lieutenant governor, or any office of the Florida cabinet if, by the end of the current term of office, the person will have served in that office for eight consecutive years. * no lifetime limit on the number of terms a person may serve in these offices **VVVVVVVVVVVV** *executive departmetns and commissions* There are 25 executive departments which are responsible for the various functions of the executive branch. Include: (i) Department of Veterans Affairs, (ii) Department of Elderly Affairs, (iii) Judicial Qualifications Commission, (iv) Judicial Nominating Commission, (v) Constitution Revision Commission, (vi) Commission on Ethics, (vii) Parole and Probation Commission, (viii) Fish and Wildlife Commission, and (ix) Taxation and Budget Reform Commission. **VVVVVVVVVVVVVV** *impeachment* The governor, lieutenant governor, members of the cabinet, justices of the supreme court, judges of district courts of appeal, judges of circuit courts, and judges of county courts may be impeached for committing a misdemeanor in office. The house of representatives, by two-thirds vote has the power to impeach an officer. The speaker of the house of representatives has the power at any time to appoint a committee to investigate charges against any officer subject to impeachment. All impeachments by the house of representatives are tried by the senate. * Trial must commence within 6 months of impeachment. * Chief justice of the supreme court, or another justice designated by the chief justice, will preside at the trial, except in a trial of the chief justice, in which case the governor will preside. Conviction or acquittal does not affect civil or criminal liability. Governor may suspend any state officer who is not subject to impeachment, by stating the grounds and filing the order with the custodian of state records. * Grounds for suspension include malfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony or indictment for a crime until the official is acquitted. * The senate also has the power to remove from office or reinstate the suspended official.

Question 47

article 5: judiciary- fl supreme court

Answer 47

Vested in the supreme court, district courts of appeal, circuit courts, and county courts court establishing rules of procedure * if other court does it= unconstitutional evidence rules are substantive rules, not procedural law. fl sup ct does not have jurisdiction **vVVVVVVVVVVVVV** *supreme court* (1) composition 7 justices Each of the appellate districts must have at least one justice elected or appointed from the district to the supreme court who is a resident of the district at the time of the original appointment/election. The chief justice is chosen by the court 5 justices constitute a quorum 4 is majority (2) jurisdiction Mandatory: The supreme court must: * Hear appeals from final judgments of trial courts imposing the death penalty * Hear appeals from decisions of district courts of appeal declaring invalid, either in part or whole, state law * Hear appeals from final judgments entered in proceedings for the validation of bonds or certificates of indebtedness; and * Review actions of statewide agencies relating to rates or service of utilities providing electric, gas, or telephone service. discretionary: The supreme court may: * Review decision of a district court of appeal that expressly declares valid a state law that affects state or constitutional matters and directly conflict with a decision of another district court of appeal; * Review decision of a district court of appeal that passes upon a question certified to be of great importance or that is certified to be in direct conflict with a decision of another district court of appeal; * Review order or judgment of a trial court certified by the district court of appeal in which an appeal pending is of great public importance or will have a great impact on the administration of justice; * Review a question of law certified by the Supreme Court of the United States or a United States Court of Appeals that would be outcome determinative and for which there is no FL precedent; * Issue writs of prohibition to courts and all writs necessary to the complete exercise of its jurisdiction; * Issue writs of mandamus and quo warranto to state officers and state agencies; and * Issue writs of habeas corpus returnable before the supreme court or any justice, a district court of appeal or any judge thereof, or any circuit judge. The supreme court has the power to issue all rules of civil and criminal procedure Rules of court may be repealed by a law enacted by two-thirds of both houses of the legislature. **VVVVVVVVVVVV** *district courts of appeal* (1) composition Serves each appellate district Must consist of at least 3 judges The concurrence of 2 judges is necessary for a decision (2) jurisdiction Jurisdiction to hear appeals that may be taken as a matter of right from final judgments or orders of trial courts. May review interlocutory orders;but only in compliance with the rules issued by the supreme court Have the power of direct review of administrative action, as prescribed by general law May exercise the appellate jurisdiction of the circuit courts to the extent necessary to properly dispose of all issues in a case **VVVVVVVVVVVVVV** *district courts* (1) composition 20 circuit courts, each serving a separate judicial circuit (2) jurisdiction The circuit court has original jurisdiction for: * civil actions that would not otherwise belong in the county courts; * Actions involving the legality of a tax; and * Ejectment, injunctions, and actions in equity involving the title or boundaries to real property. Circuit courts have the power to issue writ of certiorari and also the power of direct review of administrative action, final orders of lower courts, and some nonfinal lower-court orders. also have jurisdiction to hear felony and misdemeanor criminal cases **VVVVVVVVVVVV** *county courts* (1) composition 67 county courts, one in each Florida county (2) jurisdiction exclusive jurisdiction * The county courts have exclusive original jurisdiction in civil cases in all: * Actions at law in which the amount in controversy does not exceed $ 50,000; * Actions involving the right of possession of real property that are within the jurisdictional amount of the county court; and * Matters that were previously within the jurisdiction of the county judge’s courts, municipal courts, county courts, small-claims courts, and courts of chartered counties. concurrent jurisdiction * The county courts have concurrent jurisdiction with the circuit courts in: * Actions in equity that do not exceed $50,000; * landlord and tenant actions within the jurisdictional limit of the county court; * Actions involving the right to possession of real property in which the amount in controversy exceeds the jurisdictional limit of the county court; and * Simplified dissolution of marriage actions. **VVVVVVVVVVVVV** *judges and attorneys* (1) judges Elect county and circuit court judges DCA and supreme court judges are appointed by the governor's office via committee; special selection and retention rules also exist Removal and Reprimand: similar to impeachment for the judges (2) attorney qualification and discipline supreme court has exclusive jurisdiction to regulate the admission of persons to the practice of law and the discipline of persons admitted. (3) state attorneys Elected for a term of 4 years.

Question 48

article 7: taxes and financing

Answer 48

state vs local govt taxation

Question 49

article 7: ad valorem taxation

Answer 49

* goes to value of something. taxing based on value * state= cannot impose ad valorem taxes on real/tangible property * BUT can tax on intangible assets (bond, notes) * county/local= can ONLY tax on ad valorem real property and tangible property * local taxation is based on mils (based on thousands of $ worth of value) * tax rate is also based on millage (2 mils= $2 per thousand $ value) * max tax rate is 10 mils ($10 per $1,000) * each taxing agent is separate: city, county, schoolboard, etc can tax 10 mils each

Question 50

article 7: bond financing

Answer 50

* applies to state and local government * florida requires balanced budget for state and local government * cannot use debt in budget

Question 51

article 7: general obligation bonds

Answer 51

* only capital projects * think big projects, that can not be paid in one year * paid back through full faith and credit of govt agency * usually through taxing powers * if bond is going to mature more than 12 mos into future, need referendum to approve the bond, EXCEPT FOR 1. local roads 2. school construction 3. water projects

Question 52

article 7: revenue bonds

Answer 52

* has to be for capital projects * but does not pay through full faith and credit (taxing power) * these bonds only paid back from the revenue the project generates * like turnipike toll * in exchange for not pledging full faith and credit, do not need referendum * unlawful to use tax money to pay back bond

Question 53

article 8: local govt

Answer 53

this affects what type of laws it can pass

Question 54

power of counties and municipalities to pass laws

Answer 54

The principle of local self-government cannot nullify either a valid legislative enactment or violate the constitution counties: assuming there is provision for payment or apportionment of the public debt, counties may be created, abolished, or changed by law

Question 55

article 8: chartered counties

Answer 55

* listed as chartered in statute * in chartered, pass **any** laws **so long as** **not** inconsistent with florida general law **or** special law passed by referendum

Question 56

article 8: non-chartered counties

Answer 56

* Counties not created by charter * can pass no law **except** what florida statutes authorize it to pass * Only have the powers allocated to them by general or special law * Limited power to create ordinance—may enact an ordinance consistently with general law, but only if it does not conflict with another general or special law or another municipal ordinance

Question 57

homestead exemption and protection

Answer 57

A Florida homestead is entitled to a variety of annual tax exemptions and is protection from forced sale. Primary exemption is available to most homeowners. Homeowner must satisfy two requirements: * The property must be real property; and * The property must be either the personal property of the owner or a dependent. (1) Permanent Residence Requirement * An owner need not reside in the homestead as long as a dependent (e.g., spouse or child) does. (2) Types Of Qualifying Ownership Interest Residential real property may be held by legal (like fee simple absolute) or equitable title (like beneficiary of a trust) * Examples: By the entireties, jointly, in common, as a condominium, or indirectly by stock ownership or membership representing the owner’s or member’s proprietary interest in a corporation owning a fee or a leasehold initially in excess of 98 years. allowed: * Concurrent ownerships: Fee simple absolute, joint tenancy by the entireties, joint tenancy with rights of survivorship * Property type: includes condos **VVVVVVVVVVV** *Qualifying Property* * Qualifying interests include a property in FL that qualifies as a homestead (assuming the owner satisfies residency requirements). * If spouses jointly own a property, the homestead is protected if one spouse satisfies the residency requirement. * After spouses divorce, courts will generally partition the property. * Holders of a life estate are entitled to the protection but only if they have a current possessory interest in the land, not a future interest. * Equitable interests, such as those belonging to trust beneficiaries, are often protected. * Leasehold interests are generally not protected with the exception of certain long-term leases (e.g., 99 years). * Condos can be homestead properties. * Status of co-op properties is unclear, but mobile homes can be a qualifying interest. **VVVVVVVV** *residency requirements* To be a homestead, the real property must be the primary and permanent residence of either the owner or a dependent. (1) Permanent Residence * Touchstone of analysis is intent * Even if intent exists, permanent residency is not established unless the owner or a dependent is actually occupying the residence. * A property loses the exemption when the property is abandoned (2) Primary Residence * To qualify as a homestead, a residence must be the primary residence. (3) Residence of Owner or a Member of His Family * To qualify as a homestead, the residence must be the primary residence of the owner or a member of his family. (4) Separated Spouse * When a married couple separates, each spouse can claim the exemption. **VVVVVVVVVV** *Protection for Proceeds* If the owner of a homestead voluntarily sells it, the proceeds from the sale retain their protected status so long as the owner intends to reinvest in another homestead in a reasonable amount of time and does so. Same rule applies to insurance proceeds. **VVVVVVVVV** *Protection for Owner’s Surviving Spouse and Heirs* The homestead exemption extends to the surviving spouse or the heirs of the owner. A homestead owned in tenancy by the entireties or in joint tenancy with right of survivorship is not subject to this homestead protection because the homestead cannot be devised by will or passed by intestacy. Rules only apply when the person owns it solely in her name and it passes to her heirs **VVVVVVVVVV**

Question 58

homestead: size limitation

Answer 58

1/2 contiguous acre inside municipality 160 contiguous acres outside municipality * A rural homestead may include property that is used for nonresidential purposes if located contiguous to the residence and the total acreage does not exceed the limit. * Once a rural homestead is established, it is not subject to the more restrictive municipal acreage requirements or use requirements even if the property is subsequently incorporated into a municipality, unless the owner wants it to be Additional Purchases * Homestead owner can purchase additional land that is contiguous to the homestead, up to the maximum acreage, and exempt it from existing judgments against the owner. Contiguous Property * Property divided by a road is still contiguous property when a homestead owner subdivides land according to a plat and sells lots according to the plat. excess acreage * If residential property that would otherwise qualify as a homestead exceeds maximum allowable acreage, the excess is not protected from a forced sale. * When excess acreage and the protected homestead cannot be divided, the entire property may be sold

Question 59

homestead: exemption from taxation

Answer 59

* anything in excess of size limit is not exempt from taxation * govt takes value of property and calculates taxes, in homestead your tax bill reduced despite risening property costs * Exemption on the first $25,000 of the property’s assessed value. * Increased by an additional $25,000 of the property’s assessed value in excess of $50,000 * For a homestead with an assessed value over $75,000, the exemption can total a maximum of $50,000 * When there are multiple owners, only one homestead exemption may be claimed per residential unit. * protects you from increasing value of home * taxable value of your house can not increase more than 3% per yr * Assessed value also cannot exceed the FMV. **VVVVVV** *other homestead exemptions* Elderly, Low-income Homeowners elderly, Disabled Veterans Surviving Spouse of Military Veteran or First Responder Currently Serving Military Personnel *Change in Ownership of Homestead* Property is assessed at its just value as of January 1st of the year following the purchase. *Modification of Homestead* Generally, any change, addition, reduction, or improvement is assessed at its just value for the first year, then treated as part of the homestead thereafter. Exception: “Granny Flats”—additions for grandparents *Non-Homestead Residential Real Property* For residential real property that contains 9 or fewer units and does not qualify for the homestead tax exemption The annual change in assessment cannot exceed 10% of the prior assessment, except for a school district levy.

Question 60

homestead: protection from forced sale

Answer 60

* if your property is homestead you can not be forced to sell through judicial sale * Protection is only enjoyed by natural persons * example: you were involved in car accident, lien on your house, you are protected from this EXCEPT: voluntary liens 1. mortgage (did not pay, foreclosure homestead) 2. construction lien (did not pay contractors for fixing house, can foreclose) 3. taxes: if you do not pay property taxes, govt can force sale **VVVVVVVVVVVVVVV** *Personal Property* In addition to a homestead, personal property is protected from a forced sale to the extent that the total value of such property does not exceed $1000 *How Homestead Works* Property that otherwise would be protected from forced sale may be sold to satisfy the following types of obligations that are in default: * taxes * Mortgages and other obligations incurred for the purchase, improvement, or repair of the homestead * liens for labors performed on homestead fraud * Statutory exception that permits the imposition of an equitable lien on protected property due to fraudulent conduct * Mere intent to frustrate creditors is not enough. Federal preemption * A homestead is not protected from a federal tax levy or a federal forfeiture statute Pre-existing liens * A homestead is not protected from liens that attach to property before it gains protected status **burden** Burden is on creditor to prove by a preponderance of the evidence that the owner is not entitled to protection. FL courts tend to liberally interpret homestead protections in favor of homeowners.

Question 61

homestead: protection preserved after sale of homestead

Answer 61

* if i sell my house, get 300k in cash, and i have judgment against me, creditors **can not **take that $ for a **reasonable** amount of time, **so long as** you intend to invest that money into another homestead * reasonable time= 6 mos~

Question 62

eminent domain

Answer 62

* legislature has power of eminent domain and has power to delegate power of eminent domain to private companies, like FPL (utilities) * fed constitution uses "just compensation" fl uses "full compensation"; means the same thing * tested commonly: inverse condemnation-- no formal exercise of ED but your laws/actions deprive you of **all** beneficial use and enjoyment of your property

Question 63

counties: local options

Answer 63

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 64

municipalities

Answer 64

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 65

public officials

Answer 65

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 66

counties: local options

Answer 66

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 67

municipalities

Answer 67

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 68

public officials

Answer 68

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 68

voting and elections

Answer 68

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 69

counties: local options

Answer 69

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 70

municipalities

Answer 70

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 70

public officials

Answer 70

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 71

voting and elections

Answer 71

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 72

ethics and education

Answer 72

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 73

counties: local options

Answer 73

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 73

municipalities

Answer 73

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 73

public officials

Answer 73

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 74

voting and elections

Answer 74

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 75

ethics and education

Answer 75

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 76

counties: local options

Answer 76

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 77

public officials

Answer 77

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 77

municipalities

Answer 77

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 78

voting and elections

Answer 78

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 79

ethics and education

Answer 79

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 80

counties: local options

Answer 80

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 81

public officials

Answer 81

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 81

municipalities

Answer 81

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 82

voting and elections

Answer 82

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 82

ethics and education

Answer 82

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 82

counties: local options

Answer 82

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 83

municipalities

Answer 83

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 83

public officials

Answer 83

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 84

ethics and education

Answer 84

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 84

voting and elections

Answer 84

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 84

counties: local options

Answer 84

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 85

municipalities

Answer 85

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 85

public officials

Answer 85

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 85

voting and elections

Answer 85

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 86

ethics and education

Answer 86

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 87

municipalities

Answer 87

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 87

counties: local options

Answer 87

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 88

public officials

Answer 88

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 88

voting and elections

Answer 88

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 89

ethics and education

Answer 89

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 90

voting and elections

Answer 90

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 91

ethics and education

Answer 91

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 92

counties: local options

Answer 92

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 93

municipalities

Answer 93

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 94

public officials

Answer 94

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 95

counties: local options

Answer 95

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 96

municipalities

Answer 96

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 97

public officials

Answer 97

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 98

ethics and education

Answer 98

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 98

voting and elections

Answer 98

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 99

counties: local options

Answer 99

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 100

municipalities

Answer 100

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 101

public officials

Answer 101

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 102

voting and elections

Answer 102

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 102

ethics and education

Answer 102

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 103

counties: local options

Answer 103

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 104

municipalities

Answer 104

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 105

public officials

Answer 105

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 105

voting and elections

Answer 105

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 106

ethics and education

Answer 106

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 107

counties: local options

Answer 107

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 107

municipalities

Answer 107

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 108

voting and elections

Answer 108

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 108

public officials

Answer 108

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 109

counties: local options

Answer 109

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 109

ethics and education

Answer 109

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 110

voting and elections

Answer 110

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 110

municipalities

Answer 110

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 111

ethics and education

Answer 111

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 111

public officials

Answer 111

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 112

counties: local options

Answer 112

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 113

municipalities

Answer 113

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 113

public officials

Answer 113

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 114

voting and elections

Answer 114

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 115

ethics and education

Answer 115

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 115

counties: local options

Answer 115

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 116

municipalities

Answer 116

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 117

public officials

Answer 117

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 118

voting and elections

Answer 118

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 118

counties: local options

Answer 118

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 119

ethics and education

Answer 119

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 119

municipalities

Answer 119

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 119

voting and elections

Answer 119

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 120

counties: local options

Answer 120

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 120

public officials

Answer 120

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 120

municipalities

Answer 120

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 121

voting and elections

Answer 121

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 121

public officials

Answer 121

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 122

ethics and education

Answer 122

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 122

municipalities

Answer 122

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 123

counties: local options

Answer 123

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 123

public officials

Answer 123

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 124

voting and elections

Answer 124

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 124

municipalities

Answer 124

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 124

counties: local options

Answer 124

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 125

public officials

Answer 125

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 126

voting and elections

Answer 126

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 126

voting and elections

Answer 126

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 126

ethics and education

Answer 126

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 126

counties: local options

Answer 126

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 127

ethics and education

Answer 127

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 127

counties: local options

Answer 127

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 127

ethics and education

Answer 127

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 127

municipalities

Answer 127

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 127

municipalities

Answer 127

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 128

voting and elections

Answer 128

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 128

public officials

Answer 128

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 129

ethics and education

Answer 129

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 129

public officials

Answer 129

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 130

ethics and education

Answer 130

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 130

public officials

Answer 130

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 131

ethics and education

Answer 131

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 131

municipalities

Answer 131

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 132

public officials

Answer 132

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 132

voting and elections

Answer 132

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 132

ethics and education

Answer 132

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 133

counties: local options

Answer 133

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 133

municipalities

Answer 133

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 133

municipalities

Answer 133

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 134

municipalities

Answer 134

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 134

public officials

Answer 134

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 134

voting and elections

Answer 134

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 135

public officials

Answer 135

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 136

ethics and education

Answer 136

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 136

counties: local options

Answer 136

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 137

municipalities

Answer 137

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 138

public officials

Answer 138

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 138

counties: local options

Answer 138

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 139

ethics and education

Answer 139

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 140

counties: local options

Answer 140

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 140

counties: local options

Answer 140

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 140

municipalities

Answer 140

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 140

public officials

Answer 140

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 140

voting and elections

Answer 140

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 141

voting and elections

Answer 141

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 141

ethics and education

Answer 141

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 142

municipalities

Answer 142

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 142

public officials

Answer 142

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 142

voting and elections

Answer 142

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 143

counties: local options

Answer 143

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 144

voting and elections

Answer 144

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 145

ethics and education

Answer 145

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 145

voting and elections

Answer 145

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 146

counties: local options

Answer 146

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 146

ethics and education

Answer 146

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 147

voting and elections

Answer 147

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 147

public officials

Answer 147

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 148

counties: local options

Answer 148

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 148

ethics and education

Answer 148

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 148

municipalities

Answer 148

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 149

counties: local options

Answer 149

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 150

municipalities

Answer 150

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 151

ethics and education

Answer 151

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 152

public officials

Answer 152

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 152

voting and elections

Answer 152

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 153

counties: local options

Answer 153

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 153

municipalities

Answer 153

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 154

public officials

Answer 154

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 154

voting and elections

Answer 154

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 155

ethics and education

Answer 155

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 156

public officials

Answer 156

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 157

voting and elections

Answer 157

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 157

counties: local options

Answer 157

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 158

municipalities

Answer 158

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 159

ethics and education

Answer 159

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 160

counties: local options

Answer 160

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 161

municipalities

Answer 161

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 162

public officials

Answer 162

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 163

voting and elections

Answer 163

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 164

ethics and education

Answer 164

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 165

homestead restrictions

Answer 165

(1) On Alienation * For purposes of alienation restrictions, definition of a homestead is the same as for the purpose of protecting a homestead against forced sale. * Married owner of a homestead cannot sell, give, or mortgage any interest in the homestead without the consent of the other spouse * Property may be conveyed to the owner and his or her spouse as tenants by the entirety, without the spouse joining in the conveyance. * If spouses convey property to one another, that does not run afoul of the restrictions on alienation. (2) on devise A homestead may not be devised if an owner is survived by a spouse or minor child. If the owner is not survived by any minor children, then the owner may devise the homestead property but only to the spouse * Cannot be a life estate; must be a fee simple in the homestead * These restrictions only apply to property solely titled in one spouse's name.

Question 166

counties: local options

Answer 166

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 166

municipalities

Answer 166

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 167

public officials

Answer 167

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 167

voting and elections

Answer 167

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 168

ethics and education

Answer 168

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 168

homestead restrictions

Answer 168

(1) On Alienation * For purposes of alienation restrictions, definition of a homestead is the same as for the purpose of protecting a homestead against forced sale. * Married owner of a homestead cannot sell, give, or mortgage any interest in the homestead without the consent of the other spouse * Property may be conveyed to the owner and his or her spouse as tenants by the entirety, without the spouse joining in the conveyance. * If spouses convey property to one another, that does not run afoul of the restrictions on alienation. (2) on devise A homestead may not be devised if an owner is survived by a spouse or minor child. If the owner is not survived by any minor children, then the owner may devise the homestead property but only to the spouse * Cannot be a life estate; must be a fee simple in the homestead * These restrictions only apply to property solely titled in one spouse's name.

Question 169

voting and elections

Answer 169

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 170

public officials

Answer 170

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 170

ethics and education

Answer 170

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 171

homestead restrictions

Answer 171

(1) On Alienation * For purposes of alienation restrictions, definition of a homestead is the same as for the purpose of protecting a homestead against forced sale. * Married owner of a homestead cannot sell, give, or mortgage any interest in the homestead without the consent of the other spouse * Property may be conveyed to the owner and his or her spouse as tenants by the entirety, without the spouse joining in the conveyance. * If spouses convey property to one another, that does not run afoul of the restrictions on alienation. (2) on devise A homestead may not be devised if an owner is survived by a spouse or minor child. If the owner is not survived by any minor children, then the owner may devise the homestead property but only to the spouse * Cannot be a life estate; must be a fee simple in the homestead * These restrictions only apply to property solely titled in one spouse's name.

Question 172

municipalities

Answer 172

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 172

counties: local options

Answer 172

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 173

counties: local options

Answer 173

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 174

municipalities

Answer 174

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 175

public officials

Answer 175

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 176

voting and elections

Answer 176

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 177

ethics and education

Answer 177

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 178

homestead restrictions

Answer 178

(1) On Alienation * For purposes of alienation restrictions, definition of a homestead is the same as for the purpose of protecting a homestead against forced sale. * Married owner of a homestead cannot sell, give, or mortgage any interest in the homestead without the consent of the other spouse * Property may be conveyed to the owner and his or her spouse as tenants by the entirety, without the spouse joining in the conveyance. * If spouses convey property to one another, that does not run afoul of the restrictions on alienation. (2) on devise A homestead may not be devised if an owner is survived by a spouse or minor child. If the owner is not survived by any minor children, then the owner may devise the homestead property but only to the spouse * Cannot be a life estate; must be a fee simple in the homestead * These restrictions only apply to property solely titled in one spouse's name.

Question 179

counties: local options

Answer 179

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 180

municipalities

Answer 180

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 181

public officials

Answer 181

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 181

voting and elections

Answer 181

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 182

ethics and education

Answer 182

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 182

homestead restrictions

Answer 182

(1) On Alienation * For purposes of alienation restrictions, definition of a homestead is the same as for the purpose of protecting a homestead against forced sale. * Married owner of a homestead cannot sell, give, or mortgage any interest in the homestead without the consent of the other spouse * Property may be conveyed to the owner and his or her spouse as tenants by the entirety, without the spouse joining in the conveyance. * If spouses convey property to one another, that does not run afoul of the restrictions on alienation. (2) on devise A homestead may not be devised if an owner is survived by a spouse or minor child. If the owner is not survived by any minor children, then the owner may devise the homestead property but only to the spouse * Cannot be a life estate; must be a fee simple in the homestead * These restrictions only apply to property solely titled in one spouse's name.

Question 183

counties: local options

Answer 183

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 184

municipalities

Answer 184

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 185

public officials

Answer 185

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 186

voting and elections

Answer 186

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 187

ethics and education

Answer 187

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 188

homestead restrictions

Answer 188

(1) On Alienation * For purposes of alienation restrictions, definition of a homestead is the same as for the purpose of protecting a homestead against forced sale. * Married owner of a homestead cannot sell, give, or mortgage any interest in the homestead without the consent of the other spouse * Property may be conveyed to the owner and his or her spouse as tenants by the entirety, without the spouse joining in the conveyance. * If spouses convey property to one another, that does not run afoul of the restrictions on alienation. (2) on devise A homestead may not be devised if an owner is survived by a spouse or minor child. If the owner is not survived by any minor children, then the owner may devise the homestead property but only to the spouse * Cannot be a life estate; must be a fee simple in the homestead * These restrictions only apply to property solely titled in one spouse's name.

Question 189

counties: local options

Answer 189

Local option on the prohibition of alcohol remains with each county Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.

Question 190

public officials

Answer 190

(1) Civil-Service System Creation of civil-service systems and boards mandated by the FLC. Most state employees are subject to the system. Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees. (2) Terms of Office Generally, term cannot exceed 4 years. Exception: judges and the executive branch department heads, who may serve at the governor’s discretion.

Question 190

municipalities

Answer 190

*establishment* May be established or abolished and their charters amended pursuant to either a general or special law *Powers* Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services May exercise any power for municipal purposes except when the law prevent it Cannot exercise power in a way that conflicts with state law or the constitution

Question 190

voting and elections

Answer 190

(1) Regulation of Elections All elections must be by direct and secret vote. General elections are determined by a majority of votes cast. (2) electors Must be 18 years of age Must be a permanent resident of the state (3) Disqualification Convicted of a felony Adjudicated to be incompetent Cannot vote or hold office Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense (4) Elections A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year. (5) Campaign Spending Limits FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor). The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.

Question 191

ethics and education

Answer 191

*ethics in government* (1) code of ethics * Protect against conflict of interests and establish standards for the conduct of elected officials and government employees; * Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions; * Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and * Set forth standards of conduct Prohibited activities * Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery) * The prohibited activities involve conflicts of interest. * Lobbying by former local officials (specifically prohibited by statute) (2) Breach of Trust * Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan. (3) Ethics Commission * Serves as guardian of the standards of conduct for public officers and employees of FL **VVVVVVVVVVVVVV** *education* (1) Class Size * FL Constitution has provisions designed to ensure students receive a high-quality education. * Applies to public schools * Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18 * 4th-8th grade: Cannot be more than 22 * 9th-12th grade: Cannot be more than 25 (2) Pre-Kindergarten * FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards. (3) State Board of Education * Supervises the system of free public education (4) School Districts and Boards Each county constitutes a school district. * If two counties are next door and voters decide, they may be combined into one school district. Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election. Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools. (5) State University System * Single state university system comprised of all public universities * Governed by a board of trustees

Question 191

homestead restrictions

Answer 191

(1) On Alienation * For purposes of alienation restrictions, definition of a homestead is the same as for the purpose of protecting a homestead against forced sale. * Married owner of a homestead cannot sell, give, or mortgage any interest in the homestead without the consent of the other spouse * Property may be conveyed to the owner and his or her spouse as tenants by the entirety, without the spouse joining in the conveyance. * If spouses convey property to one another, that does not run afoul of the restrictions on alienation. (2) on devise A homestead may not be devised if an owner is survived by a spouse or minor child. If the owner is not survived by any minor children, then the owner may devise the homestead property but only to the spouse * Cannot be a life estate; must be a fee simple in the homestead * These restrictions only apply to property solely titled in one spouse's name.