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.
