FL Con Law

Question 1

Which Florida courts have appellate jurisdiction?

Answer 1

1) Florida Supreme Court (limited jx)
2) District Courts of Appeals (main appellate court)
3) Circuit Courts (restricted)

Question 2

Who is subject to the Florida Code of Ethics?

Answer 2

All state employees and nonjudicial officers

Question 3

Does Florida impose the death penalty? If yes, what is the effect of an execution method being declared invalid?

Answer 3

Yes;
If the method is declared invalid, the sentence remains effective until a valid method is available.

Question 4

May the governor veto less than all of a bill?

Answer 4

“DESANTIS CAN ONLY DO LINE ITEM VETOS in a BILL WHEN HE FEELS SPECIALLY APPROPRIATE IN GENERAL APPROPRIATIONS BILL”

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

Question 5

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?

Answer 5

NO STATE REVS to AID Religious Groups

Question 6

How may a municipality be created or abolished?

Answer 6

By general or special law

Question 7

What is a general law?

Answer 7

Applies consistently/uniformly upon the entire states, statewide subjects, permissible classifications, or state function/instrumentality

Question 8

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

Answer 8

The COUNTY ELECTORS, in a SPECIAL ELECTION called for that purpose

Question 9

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

Answer 9

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

Question 10

Must a bill originate in the Florida House or the Senate?

Answer 10

Either the House or the Senate

Question 11

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

Answer 11

It’s automatically restored upon completion of all sentence terms (including parole/probation) if not a murder or felony sexual offense

Question 12

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

Answer 12

1) Qualifying ownership interest;
2) Property owner satisfies the RESIDENCY requirements;
and
3) Property meets the ACREAGE limitations (e.g. 1/2 acre or 160 acres of contiguous land)

Question 13

Can ownership of a condo or a mobile home qualify as a homestead?

Answer 13

Yes

Question 14

Under what circumstances may a defendant be detained prior to trial?

Answer 14

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

Question 15

What is the monetary limitation on the protection of a homestead from a forced sale by a creditor?

Answer 15

There is none

Question 16

How is a special law validly enacted?

Answer 16

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)

Question 17

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

Answer 17

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

Question 18

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?

Answer 18

Statute: 1) Specifically states the public necessity justifying the exemption;
AND
2) Is NO BROADER than NECESSARY to accomplish its purpose

Question 19

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

Answer 19

60 consecutive days

Question 20

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

Answer 20

– SPECIAL laws
– GENERAL LAWS of LOCAL APPLICABILITY

Question 21

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

Answer 21

RAM Redress or OPN NAM

If legislature:

(1) provides REASONABLE ALTERNATIVE METHOD FOR REDRESS,
OR
(2) shows an “OVERPOWERING PUBLIC NECESSITY” and NO ALTERNATIVE METHOD to meet the need is AVAILABLE

Question 22

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

Answer 22

The governor

Question 23

What main conflict does the Florida Code of Ethics prohibit?

Answer 23

Conflict between public duty and private interests

Question 24

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?

Answer 24

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

Question 25

Which officials are subject to suspension by the governor?

Answer 25

Any state officer who is not subject to impeachment

Question 26

What restriction is placed on the modification of appellate jurisdiction?

Answer 26

FL Constitutional amendment required to alter appellate jurisdiction

Question 27

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

Answer 27

20 consecutive days (unless extended)

Question 28

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

Answer 28

Neither may operate in a manner inconsistent with a general law

Question 29

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

Answer 29

Three separate days

Question 30

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

Answer 30

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

Question 31

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

Answer 31

(1) Charter county─special laws require elector approval
(2) Non-charter county─special laws do NOT require elector approval

Question 32

What is the purpose of the Florida Code of Ethics?

Answer 32

Serve as a:
(1) Guide for official conduct of state public servants,
AND
(2) Basis for disciplining provision violations

Question 33

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

Answer 33

Commission on Ethics

Question 34

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

Answer 34

Only a natural person

Question 35

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.

Answer 35

at least as broad

Question 36

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

Answer 36

No

Question 37

Florida Declaration of Rights, requires that all meetings of public collegial bodies where action is taken or future actions of the body to be taken are discussed must be

Answer 37

“OPEN MEETING REQUIREMENT”

OPEN and NOTICED to the public

While it is true that members of a public body may attend social functions together, once they discuss actions to be taken by the board they are members of, they violate the open meeting requirement.

Question 38

The Florida Supreme Court has specifically held that juvenile curfews implicate these fundamental rights and are therefore subject to strict scrutiny.

Answer 38

rights to privacy, of assembly, and freedom of movement

Question 39

The Fourth Amendment to the U.S. Constitution guarantees the security of individuals from unreasonable search or seizure, without a warrant supported by probable cause.

Florida is required, both by the Fourteenth Amendment and by the Florida constitution, to follow Federal constitutional standards on for search and seizure.

Question 40

Does government interceptions of telephone/wireless communications constitute a “search” within the Fourth Amendment?

Answer 40

Yes.

Courts have held that individuals have a reasonable expectation of privacy in the substance of telephone conversations.