Constitutional Law Florida Flashcards
Do ALL felonies have to be charged by presentment or indictement by a grand jury?
NO. Only capital felonies
Can sale of alcohol in a specific county be addressed by a specific law or a law of general application?
Yes
Is the lietanant governor a member of the cabinet?
NO
Who may reside at an impeachment trial of an executive officer?
the chief justice of the supreme court
MUST the supreme court review of a decision of a district court of appeal that passes upon a question certified by it to be of great public importance
no
Name three mandatory jurisdiction cases for the supreme court
Appeals directly from final judgments of trial courts imposing the death penalty
Appeals from district courts of appeal declaring a provision of the state constitution invalid
Reviews of final orders issued by statewide agencies relating to rates or service of electric, gas, or telephone utilities
Who may be denied the right to vote and hold office?
A person convicted of a felony or adjudicated mentally incompetent (in any state)
What is a special law?
Relates to/operates in a specific part of the state, or upon particular people or things
What is the acreage limitation for a homestead located outside a municipality?
160 contiguous acres (including improvements)
What rights do the victims of a crime have with respect to prosecution of the alleged perpetrator?
Victims are entitled to
(i) be informed;
(ii) be present;
(iii) be heard (when relevant);
(iv) seek private counsel; and
(v) know name, address, and association with the defendant of defense members who contact victim.
Is personal property protected from a forced sale by a creditor?
Generally, personal property is protected from forced sale if the total is valued under $1,000.
What is a general law of local application?
Uses a classification scheme (based on population or other criteria) to restrict application to particular places
How are justices to the Florida Supreme Court selected?
Appointed by the governor from a list of 3-6 names submitted by the Judicial Nominating Commission
How can a bill become law without the governor’s signature?
(1) Governor does not veto within seven days; or (2) within 30 days if legislature adjourns indefinitely or takes a recess of 30+ days within the initial signing period
What are the two types of counties in Florida?
(1) Charter county; and (2) Non-charter county
The Florida Constitution recognizes what workers’ right and prohibits what type of union-employer agreement?
The Florida Constitution recognizes the right of collective bargaining and prohibits union/employer agreements to only hire union members.
Does property have to be owned in fee simple absolute to qualify as a homestead?
No, because the holder of a life estate that is entitled to present possession of the homestead has a qualifying ownership interest.
What is the residency requirement that a homestead must satisfy?
The real property must be the permanent, primary residence of the owner or member of owner’s family.
What is the effect of a voluntary sale of a homestead on the protection from creditors?
Proceeds from the sale retain their protected status, as long as the seller
(1) Intends to reinvest the proceeds in another homestead within a reasonable time,
(2) Keeps the funds separate, and
(3) Reinvests proceeds in another homestead
When is jury of more than six jurors constitutionally mandated in Florida?
In a capital case (12 jurors required)
May a branch of government delegate its power to another branch?
No, nor encroach upon the powers of another branch
Legal analysis of equal protection under the Florida Declaration of Rights is _______________ to the Equal Protection Clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution
identical
What rights does a juvenile curfew set by a local government implicate?
Fundamental parenting, privacy, and movement rights
Does the lemon test still apply in FLA? What is it?
In order for a law that is challeneged under the no establishment of religion clause to be valid, a statute must
(1) have a secular legislative purpose,
(2) have a primary affect that neither advances nor prohibits religion,
(3) not foster “excessive entanglement” with religion, and
(4) not authorize the use of public monies to directly or indirectly aid a sectarian institution.
In Florida, no person convicted of a felony is qualified to:
to vote or hold office until restoration of civil rights.
For persons with felony convictions other than murder or a felony sexual offense, the right to vote is** automatically** restored upon completion of all terms of their sentences, including parole and probation.
Access to Courts
Can the legislature limit access to courts?
Yes
What does access to courts mean?
The courts must be open to every person for redress of any injury.
In a special session, the legislature may consider a topic that is different from the topic provided by the governor if two third of the legislature (in total, not each house) agrees.
How long can a regular session convene for?
No more than 60 days
How long can a special session convene for?
no longer than 20 days unless extended by a 3/5th’s vote of each house
Which Florida courts have appellate jurisdiction?
(1) FL Supreme Court (limited jurisdiction); (2) District Courts of Appeal (main appellate court); and (3) Circuit Courts (restricted).
Does Florida impose the death penalty? If yes, what is the effect of an execution method being declared invalid?
Yes. If the method is declared invalid, the sentence remains effective until a valid method is available.
Line Item Veto
May the governor veto less than all of a bill?
Yes, but only if it is a special appropriation in a general appropriations bill.
MBE: President may NOT do a line item veto
What is the acreage limitation for a homestead located within a municipality?
Up to one-half acre of contiguous land
Besides prohibiting laws that establish religion or penalize/prohibit its free exercise, what limitation does the Florida Constitution impose on use of public money for religious purposes?
No state/political subdivision/agency revenue must be taken to aid any religious group.
How may a municipality be created or abolished?
By general or special law
What is a general law?
Applies uniformly upon: entire state, statewide subjects, permissible classifications, or state function/instrumentality
Who may adopt, amend, or abolish a charter in Florida?
The electors of the county, in a special election called for that purpose
What types of obligations with respect to a homestead are not subject to protection?
1) Taxes and assessments against the homestead,
2) Mortgages/Obligations for purchase/improvement/repair of homestead, and
3) Liens for labor performed on the homestead
Must a bill originate in the Florida House or the Senate?
Either
When must the right to vote that has been denied to a felon be restored?
It is automatically restored upon completion of all sentence terms (including parole/probation) if not a murder or felony sexual offense
What are the three general conditions that must be satisfied for a homestead to be protected from a forced sale?
(1) Qualifying ownership interest,
(2) Property owner who satisfies the residency requirements, and
(3) Property meets the acreage limitations
Under what circumstances may a defendant be detained prior to trial (not offered pretrial release)?
i. Capital offense/life imprisonment and evident proof/great presumption of guilt; or
ii. Release conditions cannot:
* a. reasonably protect community,
* b. assure accused’s trial presence, or
* c. assure judicial process’ integritys
How is a special law validly enacted?
(1) Legislature can enact a special law (requires notice in a paper of general circulation); or
(2) People within geographic location can vote on law via referendum (notice not required)
The Florida Constitution guarantees the public disclosure of public records and public access to meetings of the legislative and judicial branches. When may the Florida legislature create exemptions from these disclosure and access rights?
Statute: (1) Specifically states the public necessity justifying the exemption; and (2) Is no broader than necessary to accomplish its purpose
What is the time limit in days of a Florida regular legislative session?
60 consecutive days
Can the Florida legislature override the governor’s veto?
Yes, by a two-thirds vote
Which types of laws may not pertain to the punishment of a crime or court evidentiary rules?
Special laws and general laws of local application
When may the legislature limit the right of access to the courts?
If legislature: (1) provides reasonable alternative method for redress, OR (2) shows an “overpowering public necessity” and no alternative method to meet the need available
Who is responsible for filling a vacancy in a state or county office?
The governor
What main conflict does the Florida Code of Ethics prohibit?
Conflict between public duty and private interests
Although the terms of a felony sentence may include the payment of legal financial obligations (e.g., fees, restitution, etc.), an otherwise-eligible felon cannot be prevented from voting when?
When the felon has failed to pay fees that the felon is** genuinely unable to pay**
Which officials are subject to suspension by the governor?
Any state officer who is not subject to impeachment
What restriction is placed on the modification of appellate jurisdiction?
to modify appellate jurisdiction a FL Constitutional amendment must be made
What is time limit in days of a Florida special legislative session?
20 days unless extended
What is true for both county types in regards to general laws?
Neither may operate in a manner inconsistent with a general law
Unless waived by a two-thirds vote, how many days must a bill be read in each house?
three separate days
Does the Florida Constitution specifically recognize a right of privacy? And if so, what does it generally encompass?
Yes. All natural people have the right to be let alone and free from government intrusion in their private lives.
What is the main difference between county types in regards to special laws?
(1) Charter county─special laws require elector approval (2) Non-charter county─special laws do not require elector approval
What is the purpose of the Florida Code of Ethics?
What entity is charged with investigating violations of the Florida Code of Ethics?
Serve as a: (1) Guide for official conduct of state public servants, and (2) Basis for disciplining provision violations
Commission on Ethics
Who may claim the Homestead protection of property from a forced sale by creditors?
Only a natural person
Fill in the blank. The protections afforded by the freedom of speech and press provision of the Florida Constitution are _______________ as those protections provided by the First Amendment of the U.S. Constitution.
at least as broad
May the married owner of a homestead transfer it without the consent of the owner’s spouse?
NO
Are the rights to privacy, freedom of assembly, and freedom of movement fundamental rights in Florida?
YES strict scrutiny applies
Do juvenille curfew’s implicate fundamental rights?
YES he Florida Supreme Court has specifically held that juvenile curfews implicate these fundamental rights and are therefore subject to strict scrutiny.
Probable cause must be
Probable cause must be individualized and specific
