FL Con Law Flashcards

1
Q

Which Florida courts have appellate jurisdiction?

A

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

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2
Q

Who is subject to the Florida Code of Ethics?

A

All state employees and nonjudicial officers

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3
Q

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

A

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

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4
Q

May the governor veto less than all of a bill?

A

“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

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5
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 REVS to AID Religious Groups

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6
Q

How may a municipality be created or abolished?

A

By general or special law

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7
Q

What is a general law?

A

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

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8
Q

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

A

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

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9
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,

AND

3) Liens for labor performed on the homestead

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10
Q

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

A

Either the House or the Senate

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11
Q

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

A

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

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12
Q

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

A

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)

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13
Q

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

A

Yes

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14
Q

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

A

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

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15
Q

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

A

There is none

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16
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)

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17
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

18
Q

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?

A

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

19
Q

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

A

60 consecutive days

20
Q

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

A

– SPECIAL laws
– GENERAL LAWS of LOCAL APPLICABILITY

21
Q

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

A

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

22
Q

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

A

The governor

23
Q

What main conflict does the Florida Code of Ethics prohibit?

A

Conflict between public duty and private interests

24
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

25
Q

Which officials are subject to suspension by the governor?

A

Any state officer who is not subject to impeachment

26
Q

What restriction is placed on the modification of appellate jurisdiction?

A

FL Constitutional amendment required to alter appellate jurisdiction

27
Q

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

A

20 consecutive days (unless extended)

28
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

29
Q

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

A

Three separate days

30
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.

31
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

32
Q

What is the purpose of the Florida Code of Ethics?

A

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

33
Q

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

A

Commission on Ethics

34
Q

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

A

Only a natural person

35
Q

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.

A

at least as broad

36
Q

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

A

No

37
Q

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

A

“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.

38
Q

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

A

rights to privacy, of assembly, and freedom of movement

39
Q

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.

A
40
Q

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

A

Yes.

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

41
Q
A