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Florida Distinctions > FL Con Law > Flashcards

FL Con Law Flashcards

1
Q

What business may the Florida legislature transact at a special session?

A

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

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2
Q

Who may be denied the right to vote and hold office?

A

> felons
adjudicated mentally incompetent

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3
Q

What is a special law?

A

Relates to/operates in a specific part of the state, or upon particular people or things

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4
Q

What is the acreage limitation for a homestead located outside a municipality?

A

Up to 160 contiguous acres (including improvements)

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5
Q

What rights do the victims of a crime have with respect to prosecution of the alleged perpetrator?

A

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.

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6
Q

Is personal property protected from a forced sale by a creditor?

A

Generally, personal property is protected from forced sale if the total is valued under $1,000.

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7
Q

How are justices to the Florida Supreme Court selected?

A

Appointed by the governor from a list of 3-6 names submitted by the Judicial Nominating Commission

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8
Q

What is a general law of local application?

A

Uses a classification scheme (based on population or other criteria) to restrict application to particular places

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9
Q

How can a bill become law without the governor’s signature?

A

(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

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10
Q

What are the two types of counties in Florida?

A

(1) Charter county;
(2) Non-charter county

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11
Q

The Florida Constitution recognizes what workers’ right and prohibits what type of union-employer agreement?

A

The Florida Constitution recognizes the right of collective bargaining and prohibits union/employer agreements to only hire union members.

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12
Q

Does property have to be owned in fee simple absolute to qualify as a homestead?

A

No, because the holder of a life estate that is entitled to present possession of the homestead has a qualifying ownership interest.

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13
Q

What is the residency requirement that a homestead must satisfy?

A

The real property must be the permanent, primary residence of the owner or member of owner’s family.

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14
Q

What is the effect of a voluntary sale of a homestead on the protection from creditors?

A

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

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15
Q

When is jury of more than six jurors constitutionally mandated in Florida?

A

In a capital case (12 jurors required)

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16
Q

May a branch of government delegate its power to another branch?

A

No, nor encroach upon the powers of another branch

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17
Q

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

A

identical

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18
Q

What waiting period does the Florida Constitution generally impose between the purchase and delivery at retail of a handgun?

A

3 days

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19
Q

What rights does a juvenile curfew set by a local government implicate?

A

Fundamental parenting, privacy, and movement rights

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20
Q

which claims is homestead property not exempt from?

A

a debt for taxes, mortgage, or home improvements

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21
Q

Who is subject to the Florida Code of Ethics?

A

All state employees and nonjudicial officers

22
Q

May the governor veto less than all of a bill?

A

Yes, but only if it is a special appropriation in a general appropriations bill.

23
Q

What is the acreage limitation for a homestead located within a municipality?

A

Up to 1/2 acre of contiguous land

24
Q

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?

A

No state/political subdivision/agency revenue must be taken to aid any religious group.

25
Q

What is a general law?

A

Applies uniformly upon: entire state, statewide subjects, permissible classifications, or state function/instrumentality

26
Q

Who may adopt, amend, or abolish a charter in Florida?

A
27
Q

What types of obligations with respect to a homestead are not subject to protection?

A

(1) Taxes and assessments against the homestead
(2) Mortgages/Obligations for purchase/improvement/repair of homestead
(3) Liens for labor performed on the homestead

28
Q

where does a bill originate

A

the house or senate

29
Q

When must the right to vote that has been denied to a felon be restored?

A

It is automatically restored upon completion of all sentence terms (including parole/probation)

unless crime was murder or felony sexual offense

30
Q

What are the 3 general conditions that must be satisfied for a homestead to be protected from a forced sale?

A

(1) Qualifying ownership interest, (2) Property owner who satisfies the residency requirements, and (3) Property meets the acreage limitations

31
Q

true or false:
Both a condo and a mobile home can qualify for certain aspects of the homestead protection

A

true

32
Q

when can a defendant be detained prior to trial?

A

(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

33
Q

How is a special law validly enacted?

A

(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)

34
Q

May a homestead be devised by an owner who is survived by a spouse or a minor child?

A

No, unless there is no minor child, then the homestead property may be devised to owner’s spouse only.

35
Q

What is the time limit in days of a Florida regular legislative session?

A

60 consecutive days

36
Q

Can the Florida legislature override the governor’s veto?

A

yes by 2/3 vote

37
Q

Which types of laws may not pertain to the punishment of a crime or court evidentiary rules?

A

Special laws and general laws of local application

38
Q

When may the legislature limit the right of access to the courts?

A

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

39
Q

Who is responsible for filling a vacancy in a state or county office?

A

The governor

40
Q

How many subjects may a Florida bill encompass?

A

One subject (Single-subject rule)

41
Q

What main conflict does the Florida Code of Ethics prohibit?

A

Conflict between public duty and private interests

42
Q

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?

A

Solely because the felon has failed to pay fees that the felon is genuinely unable to pay

43
Q

Which officials are subject to suspension by the governor?

A

any officer not subject to impeachment

44
Q

What is time limit in days of a Florida special legislative session?

A

20 consecutive days (unless extended)

45
Q

What is true for both county types in regards to general laws?

A

Neither may operate in a manner inconsistent with a general law

46
Q

Unless waived by a two-thirds vote, how many days must a bill be read in each house?

A

3 separate days

47
Q

Does the Florida Constitution specifically recognize a right of privacy? And if so, what does it generally encompass?

A

Yes. All natural people have the right to be let alone and free from government intrusion in their private lives.

48
Q

What is the main difference between county types in regards to special laws?

A

(1) Charter county:
special laws require elector approval

(2) Non-charter county:
special laws do not require elector approval

49
Q

What entity is charged with investigating violations of the Florida Code of Ethics?

A

commission on ethics

50
Q

Who may claim the Homestead protection of property from a forced sale by creditors?

A

only a natural person

51
Q

May the married owner of a homestead transfer it without the consent of the owner’s spouse?

A

no

52
Q

The enacting clause of any bill must read “Be It Enacted by the Legislature of the State of Florida.”

A

Florida Distinctions (17 decks)

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