Drafting Bills

Question 1

State Legislature Sessions

Answer 1

The legislature can meet in regular session for 60 days as usually scheduled. Laws on any subject may be enacted in a regular session on a majority vote. The legislature may extend the session by a 3/5 vote.

The governor can call a special session for 20 days, but can only be held to address a single issue unless 2/3 vote to act on other business. This means a law can only be passed in the purview of the Special Session Proclamation.

Question 2

Bill Passage

Answer 2

Florida follows bicameralism and presentment. In order for a bill to become law, it needs to pass each house by majority vote. It will become law when a governor either signs the bill or does not veto the bill within 7 days of presentation, or 15 days if the legislature adjourns.

Question 3

Police power

Answer 3

The state has police power. It can pass laws for the health, safety, and welfare of its citizens so long as it does not conflict with any federal law.

Question 4

Bill formalities

Answer 4

(1) Title; (2) enactment clause; (3) for a valid purpose; (4) comply with single subject rule [no log rolling]; and (5) the bill must be clearly worded for an average person to understanding, it cannot be vague or overbroad.

Question 5

Separation of powers

Answer 5

The Florida Constitution expressly incorporates separation of powers. There are three branches of government. The executive, legislative, and judicial. One branch cannot encroach on another’s powers.

Question 6

Types of Laws

Answer 6

(1) general laws apply to the entire state uniformly.
(2) special laws only apply to a group of people or a geographic area.
(3) general laws of local application applies to areas with specific populations.

Question 7

Counties

Answer 7

Each county has a home rule power which allows them to make laws for themselves without authorization from the state. A chartered county has broad power to pass laws not inconsistent with any general law. A non-chartered county has narrow power to pass laws only from what a general or special law allows it to.

Question 8

Standing

Answer 8

The plaintiff must have a distinct injury.

Question 9

Expelling Members

Answer 9

Members can be expelled by a 2/3 vote.