FL Con Law Flashcards
What business may the Florida legislature transact at a special session?
Only business: (1) Within the purview of: (a) Governor’s special session proclamation, or (b) Governor’s communication; or (2) Introduced by 2/3 consent of the membership of each house
Who may be denied the right to vote and hold office?
> felons
adjudicated mentally incompetent
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?
Up to 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.
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
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 can a bill become law without the governor’s signature?
(1) Governor does not veto within seven days;
or
(2) If legislature adjourns indefinitely or takes a recess of 30+ days within the initial signing period, governor has 15 consecutive days from presentation to veto
What are the two types of counties in Florida?
(1) Charter county;
(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
Fill in the blank. 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 waiting period does the Florida Constitution generally impose between the purchase and delivery at retail of a handgun?
3 days
What rights does a juvenile curfew set by a local government implicate?
Fundamental parenting, privacy, and movement rights
which claims is homestead property not exempt from?
a debt for taxes, mortgage, or home improvements
Who is subject to the Florida Code of Ethics?
All state employees and nonjudicial officers
May the governor veto less than all of a bill?
Yes, but only if it is a special appropriation in a general appropriations bill.
What is the acreage limitation for a homestead located within a municipality?
Up to 1/2 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.
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?
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
(3) Liens for labor performed on the homestead
where does a bill originate
the house or senate
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)
unless crime was murder or felony sexual offense
What are the 3 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
true or false:
Both a condo and a mobile home can qualify for certain aspects of the homestead protection
true
when can a defendant be detained prior to trial?
(1) Capital offense/life imprisonment + evident proof/great presumption of guilt
OR
(2) Release conditions cannot:
~ reasonably protect community,
~ assure accused’s trial presence, or
~ assure judicial process’ integrity
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)
May a homestead be devised by an owner who is survived by a spouse or a minor child?
No, unless there is no minor child, then the homestead property may be devised to owner’s spouse only.
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 2/3 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
How many subjects may a Florida bill encompass?
One subject (Single-subject rule)
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?
Solely because 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 officer not subject to impeachment
What is time limit in days of a Florida special legislative session?
20 consecutive 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?
3 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 entity is charged with investigating violations of the Florida Code of Ethics?
commission on ethics
Who may claim the Homestead protection of property from a forced sale by creditors?
only a natural person
May the married owner of a homestead transfer it without the consent of the owner’s spouse?
no
The enacting clause of any bill must read “Be It Enacted by the Legislature of the State of Florida.”
