State Power

Question 1

Florida State Power

Answer 1

The state of Florida as a sovereign has certain reserved powers known as police powers.

The state has the power to provide for the general welfare, health, safety, and morals of its citizens.

Question 2

Declaration of Rights

Article I of the Florida Constitution contains more expressly articulated rights than those found in the U.S Constitution.

What are they?

Answer 2

• Right to privacy
• Right to work
• Right to access the courts
• Always address state action by the STATE or Federal Gov’t
• Always address preemption by State over County law.
• Always address standing

Question 3

Equal Protection

Florida Constitution provides similar equal protections as the U.S. Constitution.

Answer 3

Florida Constitution expressly forbids discrimination based on race, religion, national origin, or physical disability. Thus, strict scrutiny is applied to these suspect classes.

Question 4

EP-What are discriminatory suspect classes?

Answer 4

Race, national origin, alienage, physical disability

Strict Scrutiny judicial Review

Question 5

EP-What are Fundamental Rights?

Answer 5

Privacy, travel, voting, First Amendment

Strict Scrutiny judicial Review

Question 6

EP-Non-suspect classifications

Answer 6

Age and all other classifications

Reasonable Basis= The law is reasonably retaliated to a legitimate government purpose.

No intermediate scrutiny in FL

Question 7

Due Process

Answer 7

The Florida Constitution provides that no person shall be deprived of life, liberty or property without due process of the law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself.

Question 8

Procedural Due Process

Answer 8

When someone is deprived of their due process rights under the Fourteenth Amendment they are entitled to a fair hearing. Florida state law extends to actions by private organizations acting like a quasi-public function.

• Notice+Hearing
• Right to appeal
• Right to a jury trial

Question 9

Substantive Due Process

Answer 9

These are the same fundamental rights given by the U.S. Constitution, although Florida has made these rights stronger.

• All fundamental rights
• Right to possess property
• Privacy
• Jury trial

Question 10

Search and Seizure

Answer 10

The Florida Constitution expressly guarantees the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.

In addition to the Fourth Amend. rights, Florida follows the conformity of the U.S. Supreme Courts’ interpretation.

Can give more rights and protections to criminal defendants under the Fifth Amend. and Miranda.

Question 11

Access to the Courts

Answer 11

The courts shall be open to every person for redress of any injury and justice shall be administered without sale, denial or delay.

Every person is guaranteed at least one appeal from a final order.

A law cannot abolish or restrict a person’s right to access the courts. If it does, it must provide a reasonable alternative, UNLESS:

1. The state has a compelling public necessity; AND
2. No alternative method of meeting the necessity can be established.

**If it proves 1. and 2. = state law can abolish or restrict access to the courts

Question 12

Right to a Jury Trial

Answer 12

The constitutional right to a trial by a jury in all criminal and civil proceedings, except civil commitment, eminent domain, or equitable proceedings.

right to bail, pretrial release and detention

Question 13

Right to Privacy

Answer 13

Unlike the U.S. Constitution, the right to privacy is expressly included in the Florida Constitution. Under Florida law, every person has the right to be let alone and free from governmental intrusion in her private life.

• Refusal of medical treatment
• Raising children
• Abortion-states interest compelling upon viability

Strict Scrutiny: Compelling state interest and the least intrusive means to obtain goal.

Question 14

ACCESS TO PUBLIC RECORDS (FL Sunshine Law)

Answer 14

• Every person has the right to inspect or copy any public record, except those made confidential by Florida’s Constitution.
• FL’s Sunshine Law provides that all meetings of state or local government must be open and the public must be given notice of them.
• Exemptions: must state necessity + law no broader than necessary. (Redaction)
• Part of the right to privacy.
• State hires private company to perform government function—run jail or school→more the government controls, the more records must be open to public

Question 15

RIGHT TO WORK (ORGANIZED LABOR)

Answer 15

*The FL Constitution prohibits union shops and provides no person may be denied a job because of membership or non-membership in a labor union.

• The right to work is a part of the FL Constitution Declaration of rights -> fundamental right. Strict Scrutiny applies.
• A union may not negotiate a K that would require employees to become union members or pay dues before, upon or after hiring.
• Applies to bond fact pattern (building stadium, no union workers allowed).
• Public employees have right to collective bargaining but NO right to strike.

Question 16

SEPARATION OF POWERS

Answer 16

In contrast to the U.S. Constitution, the Florida Constitution expressly incorporates the doctrine of separation of powers, mandating the separation of the executive, judicial, and legislative branches of government.

• Encroachment: when one branch impedes on the function of another branch
• If violates delegation then it violates non-delegation doctrine.

Question 17

LEGISLATIVE POWERS (LEGISLATIVE BRANCH)

Answer 17

Constitution allows FL Legislature to make substantive procedural rules.

• Substantive procedural rules: creates, defines and regulates rights. EX: Min. sentencing guidelines.
• Procedural rules: legal machinery by which the substantive law is made effective by the FL Supreme Court. EX: Service of documents, e-filing, 20 days to file an answer.

•Non-Delegation Doctrine: Legislature cannot delegate power to make law or fundamental policy decisions.

-May allow executive agencies to make rules via statute IF: Statute provides sufficient guidelines and standards so the agency merely implements policy, not determining themselves.

Exception: legislature may not delegate to an executive agency the right to define the elements of a crime or to create criminal penalties.

Question 18

EXECUTIVE BRANCH

Answer 18

• Governor
• Power to appoint and possess clemency power.
• Executive orders: allows the governor to act as the legislature in emergency situations, may have criminal punishment, approach it like a statute on the exam.

•Veto power:
➢In session: within 7 consecutive days
➢Not in session or recess: 15 consecutive days
➢If no veto→becomes law as of date stated on bill.

Question 19

VOTING FOR LAWS

Answer 19

•MAJORITY VOTE
➢Pass bills
➢Resolutions
➢Reapportionment
• FL Const. requires senators and representatives (both houses) be elected from districts apportioned on a one-person, one-vote basis.
• In regular session in 2nd year after each decennial census, both houses must be reapportioned by joint resolution, in to the following:
• At least 30, but not more than 40 senate districts AND
• At least 80 but not more than 120 house districts;
• Of contiguous, overlapping, or identical territory.
➢ Senate to convict a suspended state, county, or municipal officer.

• 3/5 VOTE:
➢Add prohibited subjects for special laws and general laws of local application.
•2/3 VOTE:
➢Waive 3 readings of a bill prior to passage.
➢Repeal rules of practice and procedure promulgated by Supreme Court.

Question 20

REQUIREMENTS FOR LAWS

Answer 20

• Enacted laws must meet certain criteria to be valid:
➢ General Requirements:
1. Not vague (Test: avg person of common intelligence will understand what is prohibited/permitted - if not it is void on grounds of vagueness)
2. Not overbroad (cannot prohibit const. protected activities as well as activities that aren’t protected)
3. Reasonably related to public welfare
➢ Constitutional Requirements:
1. Single subject
2. Adequate title
3. Must reasonably lead to inquiry into the body of Act.
4. Set out in text
• Text of original statute being amended must be set out in the Act
5. Enacting clause
•”Be it enacted by the Legislature of the State of Florida”

Question 21

CATEGORIES OF LAWS (GENERAL LAWS)

Answer 21

• General law : Apply uniformly statewide to all persons or circumstances.

➢General law of local application: Some general laws use a population or other criteria restricted to particular localities to get around special law requirements. No notice or referendum. It is facially applicable statewide, although it currently may have only only limited applicability.

➢A statute is a general law if it operates uniformly throughout the state even though it applies to only a classified group. Classification = must be a reasonable classification based on some difference reasonably related to the subject matter regulated.

➢General laws that clearly apply to known, specific individuals or geographic areas that exclude others are subject to attack both as equal protection violations and as improperly enacted special laws.

Question 22

CATEGORIES OF LAWS (SPECIAL LAWS)

Answer 22

• Special law: Designed to operate on known, specific persons, or things or in a specifically indicated part of the state. Geographical. In order to pass:
➢Notice of intention to seek enactment in each affected county in newspaper OR
➢Referendum vote in area affected.
*A special law isn’t converted into a general law by legislature’s treating and passing it as a general law.

Question 23

PROHIBITED SPECIAL LAWS/GENERAL LAWS OF LOCAL APPLICATION

Answer 23

•Prohibited Special Laws and General Laws of Local Application:
*These must be uniform throughout the state
➢ Election
➢ Taxation
➢ Rules of Evidence
➢ Punishment for Crimes
➢ Petit Juries
➢ Change of Venue
➢ Creation of Liens
➢ Conditions precedent to civil or criminal proceedings
➢ Divorce
➢ Adoption
➢ Regulation of occupations

Question 24

JUDICIAL BRANCH (COURT SYSTEM)

Answer 24

FL Constitution vests the judicial power in the Supreme Court, District Courts of Appeal, Circuit Courts, County Courts. No other courts may be established with the exception that the legislature may establish by general law a civil traffic hearing officer system to hear cases involving traffic infractions.

Question 25

STANDING

Answer 25

•FL Constitution contains no express limitation on standing, and there is “no case and controversies” language like Federal.
• FL has developed conventional standing concepts through case law, and as a result, standing under the FL Constitution is roughly equivalent to that of U.S Constitution.
• Standing:
➢ P must suffer injury (personal & direct)
➢ The causation of the injury is the enacted law
➢ Redressability (the injury must be able to be readdressed)