Article 1: Declaration of Rights

Question 1

Fundamental Rights & US Const Parallels

Answer 1

any enumerated right = a fundamental right
- subject to strict scrutiny
- assumption: government always loses

Question 2

EP

Answer 2

Strict scrutiny: applied to discrimination based on race, religion, national origin, or physical disability

Rational Basis: applied to age and other non suspect classifications

Question 3

DP

Answer 3

procedural due process in FL extends to actions by private orgs exercising a quasi-public function (e.g. professional organizations)

Question 4

Limitations on Use of Public Funds to Support Religion

Answer 4

Public funds can’t be expended to either directly or indirectly benefit religion

Question 5

Right to Work

Answer 5

Rule 1: Government cannot make employment contingent on membership/non-membership
- if violated, subject to strict scrutiny

Rule 2: Public employees have no right to strike

Question 6

Searches & Seizures

Answer 6

Fed Con Law Miranda rights apply

FLORIDA COURTS WILL FOLLOW ALL DECISIONAL SCOTUS LAW ON ALL SEARCH AND SEIZURE MATTERS.

Question 7

Pretrial Release and Detention

Answer 7

“Every person arrested in Florida is entitled to pretrial release on reasonable conditions, unless the person is charged with a capital offense or an offense punishable by life, where proof of guilt is evident or presumption of guilt is great or to secure integrity of judicial system or public safety.”

Question 8

Access to Courts

Answer 8

“Courts shall be open to all persons for redress of injuries and justice administered without delay.”
- unless gov provides a reasonable alternative (Kluger Doctrine)

Question 9

Right to Privacy

Answer 9

“The Florida Supreme Court has determined Florida’s Constitutional Right to privacy means information about you/ information the Government collects about you.”

“In Florida, every natural person has the right to be let alone and free from governmental intrusion into her private life.”

Question 10

Access to Public Records

Answer 10

• Almost every record created by the Government is a public record
• Legislature can vote to temporarily make a public record private
• All meetings of all public entities must be open to the public & properly noticed. People that serve on these entities can’t discuss business about the entity outside of the meeting
• only exception is those records made confidential by FL’s Const.