FL con MUST know Flashcards

1
Q

what are the Five Ways to Amend the
Florida Constitution

A

Under the Florida Constitution, there are five valid ways to amend the constitution. The constitution can be amended via:

  1. Constitutional Convention
  2. Legislative Proposal*
  3. Constitutional Revision Commission*
  4. Tax and Budget Reform Commission*
  5. Citizen’s Ballot Initiative

ALL Must be approved by 60% (3/5ths) of voters in the next
general election.

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2
Q

Amend by Constitutional Convention

A

1) Proponents must collect signatures from registered
voters equal to 15% in the previous Presidential election and
* from at least half of Congressional districts (i.e., 14/28)

2) After signatures are certified, the question *“Shall a constitutional convention be held?” *will be submitted to voters for simple majority approval
* (3) Then, follow process to elect representatives, etc

must be approved by at least 60%

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3
Q

Amend by Lesgilative Proposal

A

1) Fl legislature can propose amendment by a 3/5th (60%) vote by both house of rep and Senate
2) once approved, must be presented for 60% voter approval in next general election

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4
Q

Amend by Constitutional
Revision
Commission

A

1) Form the Committee
* Meets once every 20 years (2017, 2037, etc.)
* 37 “Commissioners,” all but one are appointed:
Governor appoints 15, including the chair.
Senate President & House Speaker each appoint 9.
Chief Justice of FL Supreme Court appoints 3.
State Attorney General automatically seated

2) must be presented for 60% voter approval in next election.

*

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5
Q

Amend by Taxation &
Budget Reform
Commission

A

1) Form the Committee
o Meets once every** 20 years** (2007, 2027, etc)
o 25 Members:
* 11 appointed by Governor,
* 7 by House Speaker,
* 7 by Senate President
*
o Jurisdiction limited to budgetary processes

  • (2) Like other methods, proposals must be
    presented for 60% voter approval in next election.
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6
Q

Amend by Citizen’s Ballot Initiative

A
  • (1) Proponents form a committee, register with theDivision of Elections, and create a petition.and
  • (2) Proponents must prove popular support by collecting signatures from registered voters equal to at least 8% of the total number of state-wide votes cast in the previous Presidential election.
    o The signatures must be from at least half of Florida’s 28 Congressional districts (i.e., 14/28).

o Signatures remain valid for two years.
* Once 2% of the required signatures are gathered, the Attorney General can ask the Florida Supreme Court for
an advisory opinion (i.e., certification) on the initiative.

o They are not supposed to rule on the proposal’s substance.

o Rather, they ensure that:
(A) there is no single-subject problem (i.e., no log-rolling);
(B) the measure does not substantially alter the form of government; and
(C) the ballot title and summary meet all the formal requirements and are not misleading.

Like other methods, proposals must be
presented for 60% voter approval in next election.

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7
Q

Zones of sovereignty at the National Level
(Federalism)

A

The National powers are:
Declare war
Foreign policy
Maintain military
Establish postal system (mail service)
Protect patents (inventor)
Immigration.

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8
Q

Zones of sovereignty at the States Level
(Federalism)

A

States powers are:
Create local government
Education
Family Law
Corporations
(police powers)

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9
Q

Zones of sovereignty at BOTH National Level and State levels,
(Federalism)

A

National and State have the power to:
Run Courts
Collect taxes
Punish Criminals
Provide for General
Welfare

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10
Q

Adequate & Independent State Grounds Doctrine

A

Federal courts should not review the final decisions of state courts where those decisions are based on state law, and that state law basis is both independent of any federal issues and adequate to support the judgment.

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11
Q

what is the concept of
Seperation of Powers

A

Pursuant to the constitution, the powers of the state government shall be divided into:
* Legislative,
* Executive, and
* Judicial branches.

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12
Q

what are the Two
fundamental prohibitions?

A
  1. No branch may encroach upon the powers of another branch’s CORE FUNCTIONS
  2. no branch may delegate to another branch its constitutionally assigned power (CORE FUNCTIONS)
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13
Q

what is encroachment ?

A

occurs when one branch of government usurps the function of another branch of government without constitutional authority.

usurps=** take over** (a position of power) illegally or by force

Doing another branch’s Job.

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14
Q

what is the Non-delegation Doctrine

A

No branch may delegate
its core powers to another branch without clear and sufficient policy guidelines and standards.

cannot make somebody else do your job.

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15
Q

What are the Core Functions of the Executive Branch

A

The executive branch possesses court authority to :
* veto bills
* appoint or suspend public officials (appointment and removal)
* prosecute crimes
* grant pardons
* conduct inspections (if org, businesses or people are in compliance with the law)
* commute (reduce) sentences,&
* seek and carry out capital punishments

they administer the law

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16
Q

What are the Core Functions of the Legislative Branch

A

The Legislative branch possesses court authority to:
* define crimes
* make initial decisions regarding appropriations (state budget)
* impose taxes, &
* conduct impeachments
* Create offices

Governor (executive) can’t spend money unless the Legislature first appropriates it by passing a law.

they make the laws.

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17
Q

What are the Core Functions of the Judicial Branch

A

The Judicial branch possesses court authority to:
* Regulate legal profession
* sentence criminal
* interprete law/ private contracts, &
* award damages.

they interpret the law

(rules of practice and procedure)

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18
Q

Requirements to become a Florida legislator for either chamber

(House of representative or Senate)

A

Must be:
* at least 21 years of age
* an elector and resident of the district from which elected. &
* shall have resided in the state for a period of two years prior the election.
* Term limit: 8 years

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19
Q

Composition of the Legislature

(House of representative or Senate)

A
  • Senate: 40 Senators; 4 year terms
  • House of Representative: 120 Representatives; 2 year terms
  • All must be age 21 + 2 years resident
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20
Q

what are the procedural drafting requirements

A
  1. must be of a single subject
  2. Adequate Title
  3. the Enactment Clause
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21
Q

What is the Single Subject Rule

The ** 3 requirements** the Single Subject Clause contains

A
  1. Each law shall “embrace” only “one subject “ (cannot be broad)
  2. the law may include any matter that is “properly connected” with the subject.
  3. the subject shall be “briefly expressed in the title
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22
Q

when is a provision “properly connected” with a subject

under the Single Subject Rule

A

A provision is “properly connected” with a subject if:
1. If the connection is natural or logical OR
2. If there is a reasonable explanation for how the provision is:
A) Necessary to the subject OR
B) tends to make effective or promote the objects and purposes of legislation included in the subject

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23
Q

Categories For Laws.

What are the three types of legislation

(laws)

A
  1. General Law
  2. Special law
  3. General law of local application (aka Population Act)
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24
Q

General Law:

A

Apply uniformly throughout the entire state even if it currently has limited real applicability
- * The vast majority of laws passed by the Florida legislature are general laws

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25
Q

Special Law

A

Applies to a Subdivision (Geographic or Other) NOT based solely on population
* Requires either Notice or Referendum to Pass.

Example: A law that creates a special tax just for Miami-Dade County.

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26
Q

elements of special law

To pass a special law, art 3 sect 10 Requires that it satisfy either

A

1) a **notice requirement **OR
2) pass a **local referendum in addition to the regular lawmaking process for general law.
does not need to be specific but a reasonable person should understand thst their interest is directly affected.

notice requirement is the most common method

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27
Q

General Law of Local application
(aka Population Act)

A

Limited to a geographic area established by population.
* Distinguishable from special law because it **DOES NOT **require notice or referendum.

Key test: If the population classification is “closed” (frozen to one place), it’s treated like a special law and needs notice or referendum. If “open” (other places could grow into it), it might survive as a general law.

In order to be valid, population acts must have a rational
relationship between the object of the act and the need for
tying it to a specific population range.

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28
Q

What are some LAWS States are prohibited from passing

A
  • bills of attainder (laws that assign guilt to a specific person or group without court proceedings)
  • Ex post facto laws (laws that make something illegal retroactively or It punishes people for something that was legal when they did it )applies only to criminal cases
  • or laws that interfere with legal contracts

Example: ex post facto laws
If you drove 50 mph yesterday when the speed limit was 50, and today they change the limit to 40 and try to ticket you for yesterday

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29
Q

VETO POWERS

A

U.S. PRESIDENT (10 Days)
* Direct Veto
* Pocket Veto

FLORIDA GOVERNOR (7 or 15 Days)
* Direct Veto
* Line-Item Veto

  • Unlike federal constitution, the Florida constitution DOES NOT ALLOW the governor to exercise “pocket veto”
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30
Q

Pocket Veto

A

Veto a bill by taking no action in it within a specific time frame

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31
Q

veto powers

Florida Governor
VETO power

A
  • The governor has** 7 days to review **the bill if the legislature remains in session OR
  • **15 days to review **a bill if during the initial seven day The legislature adjourned or take a recess of more than 30 days

7 if session — 15 if adjourned.

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32
Q

Line-item Veto

A

Allowing President or governor to veto specific parts of a bill such as particular spending items, without rejecting the entire piece of legislation.

only over appropriation bills; all other bills must be accepted or rejected in their entirety

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33
Q

supreme court

what is Administration

A

the Supreme Court shall adopt rules for the practice and procedure in all state courts and exercise administrative supervision over them

(the houses can only stike, not rewrite)

However the procedural rules adopted by the court can be **overridden by a 2/3 supermajority **vote by both houses of legislature

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34
Q

What are the four areas of mandatory Florida Supreme Court jurisdiction where an appeal must go straight to the Florida Supreme Court

A
  1. Death Penalty Convictions
    (Circuit Court)
  2. Invalidations of State Constitution/
    Statutes (DCA)
  3. Bond Validations
    (Circuit Court)
  4. State Admin Agency Decisions on Utility Rates
    (providing electric, gas, or telephone service.)

Bond =borrow money through public debt to fund things like schools, highways, etc.),

DCA= District Court of Appeals

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35
Q

Areas The Florida Supreme Court MAY choose to hear:
(discretionary)

A
  1. Validations of State Constitution / Statutes (DCA)
  2. Expressly Affects Class of State Officers (DCA)

Example: suppose a ruling expressly affects a class (all school board members across the state).
If the decision affects a whole group of public officials statewide — not just one person — it could trigger discretionary review.

  1. Express Conflict w/ another DCA or FSC Opinion.
  2. Certified of Great Public Importance (DCA); or from Federal appellate court
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36
Q

Areas where Flroida Supreme Court has WRIT jurisdiction:

(original Jurisdiction)

A

Habeas /
Mandamus /
Quo Warranto /
Prohibition/
All Writs

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37
Q

What are the Writs for ?

A

writs are to ensure government accountability, protect individual rights, and prevent abuses of power in FL’s legal System.

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38
Q

Writ of Mandamus and Writ HAbeas Corpus

A

often used by convicted defendants who have exhausted their regular appeal rights and now seek to claim that their trial and defense was defective.

must need one of the writs for FL sup. court to hear a case

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39
Q

What is writ of Mandamus

A
  • Mandamus: Court order compelling any state agency or officer to perform a specific act that they are legally required to do. (ministerial duty)

mandamus= A court order to do “DO YOUR LEGAL JOB”

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40
Q

What is Writ of Habeas corpus

A
  • Habeas: Court order used to challenge unlawful detention or imprisonment.
  • it Requires the person holding a prisoner to come to court and state the basis for that detention

Also includes death penalty.

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41
Q

What Writ of Quo Warranto

A

Legal action questioning whether a person or entity has the legal right to hold a public office or exercise authority.

Ex: Governor trying to create a new agency without the power of the legislature.
or someone excersing governor authority without being the governor.

“who gave you that (public) authority”

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42
Q

Writ

Writ of Prohibition

A

A Writ issued by a higher court preventing a lower court or government official from exceeding their legal authority.

“stop! youre about to act without Power!”

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43
Q

Writ

All Writs Power

A

to issue any writ necessary to aid its own Jurisdiction, preserve the status quo, or protect its future jurisdiction

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44
Q

What is the FL Court’s Structure

A
  • one Supreme Court
  • Six District Courts of Appeal
  • 20 Circuit Courts
  • 67 County Courts
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45
Q

How are the 67 Counties divided?

A

20 Charter Counties
&
47 Non-Charter Counties

46
Q

what is a charter (County)

A

A Charter is essential a local constitution that grants a county *home rule powers. *
* a charter county has more over its own governance and decision-making without needing direct state approval for every local law.

More loacal control as they act more independently

47
Q

Transfer of Powers

A

Any request of service from one entity to another : you will need a dual referendum

APPLIES TO PROVISION OF SERVICES

48
Q

Circuit court
vs
County court

A
  • CIRCUIT COURT SMJ INCLUDES: Felonies; Matters over
    $50K; Family matters including juvenile and guardianship
  • COUNTY COURT SMJ INCLUDES: Misdemeanors; Matters
    below $50K; Traffic; Landlord-Tenant; Local Ordinances

APPLIES TO PROVISION OF SERVICES

49
Q

What is a non-charter county

A

this county does NOT have its own charter.
* it MUST follow the governance structure and powers given to it by the FL legislature.

STATE-Controlled (they must follow state rules more strictly)

they have less flexibility and must get state approval for certain actions

50
Q

Charter:
- Scope of Power
- Leadership
- Conflict of law

A
  • Scope of power is “all powers of self-government so long as it is not inconsistent with general or special law.”
  • Leadership: The structure can vary.
  • conflict of law : Charter shall provide whether county or municipal
    ordinances prevail if there is a conflict of law (only APPLIES TO REGULATION)

.

51
Q

Non-Charter:
- Scope of Power
- Leadership
- Conflict of law

A
  • Scope of Power: what is provided by general or special law” (i.e., enumerated).
  • Leadership: consist of 5 or 7 member BoCC.
  • Conflict of law: rule that county ordinances do not apply within municipalities where there is conflict.

Cannot conflict with Municipal Ordinance.

52
Q

What is a Municipality

A

short for “municipal corporation
* Refers to any city,town and village formed under the laws of the state.
* there are 411 Municipalities

53
Q

what do municipalities and counties have in common?

A
  • Both enjoy constitutional recognition (NOT sovereign)
  • they Only have two levels of soverighty: Federal and state
54
Q

Municipalities

Establishment

A

Municipalities can be created, changed, or removed through state laws.

Municipalities= Cities

if a city is removed, its debts and financial obligations must still be handled.

55
Q

Municipalities

POWERS

A

Municipalities have the authority to:
* Govern themselves
* Run local services
* make decisions for their communites unless state laws say otherwise.

The people must elect the city’s governing body

56
Q

Municipalities

ANNEXATION

Territory

A

Municipalities:
* can expand into surrounding areas,
* merge with other cities, or
* exercise certain powers outside their boundaries, BUT only if allowed by state laws.

57
Q

What is a “Municipal Purpose”

A

any activity that a city or town provides to benefit its residents and promote the public welfare
ex of purpose:
- Public safety, public health, infrsutrsture, zoning and landuse, econnimic development.

58
Q

when is it NOT for a “Municipal Purpose”

A
  • When the benefit to municipal residents is not readily apparent;
  • When the benefit appears to inure to non-municipal residents (Basic Energy); or
  • When the city has attempted to frustrate the
    purpose of another governmental entity
59
Q

What are Special Disctricts

A

they are Government entites created by (general or special) law or local ordinance to provide specific services within a defined geographic area

  • They are NOT counties or municipalities
  • They are protected by sovereign immunity just like any other state government entity.
  • They are liable in tort only up to (now) $200K.

they have taxing and spending powers (issue bonds and enforcing regulations) but are NOT soveriegn entities like counties or cities.

60
Q

What is Preemption

A
  • Meaning an inferior government **cannot legislate **where the superior government has authority to act and has expressly or impliedly “occupied the field” ..

or… a higher level of government (states or fed) limits or eliminates the authority of a lower level of gov (counties or munic.. or special dist..) to REGULATE a specific area of Law.

61
Q

What is Express Preemption

A

The Legislature Explicitly states in a statute that it is taking full control of an area of Law.

which prohibits local governments from regulating in that area.

62
Q

What is Implied Preemption

A

Even if there are no express statements, the superior government has legislated so
thoroughly
(i.e., occupied the field) that there** is no room left** for a lower government to legislate

63
Q

What is Conflict Preemption

A

occurs when a lower level law conflicts with a superior law so it is physically impossible to comply with both.

if a local ordinance DIRECTLY contradicts state law, the ordinance is preempted.

64
Q

What is Tax Exemption?

A

All property owned by a municipality and used exclusively by it for municipal or public purposes shall be exempt from taxation

if you lease your land. it is not exempted from taxation.

65
Q

what does “ad Valorem” mean?

A
  • according to or based on the value of….
66
Q

Property texes

“ad valorem” for property taxes:
Local Government

A
  • Only local government (not state) may levy ad valorem taxes on real estate or tangible property

*Counties, school districts, and municipalities shall, and special districts may, be authorized by law to levy ad valorem
taxes
and may be authorized by general law to levy other taxes, for their respective purposes

levy= impose

NO ad valorem taxes on motor vehicles, boats, trailers, trailer coached, or mobile homes (although
license fees on these items are available).

67
Q

Special Assessments
&
Two prongs tets

A

People will pay taxes for what they are receiving Special benefits from.

Special Assessment Two-prong Test:
* (1) Whether the services provide a special benefit to the
assessed property? and
* (2) Whether the assessment is properly apportioned?

Special benefit = a “logical relationship” b/w the services provided and the benefit to the real property.

68
Q

Examples of when
Special Assessments test
Fails or passes

A

FAILED the test and must therefore be financed by taxes:
* indigent health care,
* general law enforcement activities, and
* the general provision of government.

Examples of gov’t functions that PASSED the test and can
be done by special assessment:
* solid waste collection and disposal,
* stormwater management,
* fire / rescue services (???),
* parking facilities and downtown renovat

Special benefit = a “logical relationship” b/w the services provided and the benefit to the real property.

69
Q

ad valorem” for property taxes:
State Expenses

A

Only state may levy ad valorem taxes on intangible property such as notes, bonds, and other obligations for pymt of money, ($1 per $1000 value times the number of mills auth by the particular gov entity).

but the tax CANNOT exceed 2 mills

All other forms of taxation shall be preempted to the
state except as provided by general law

70
Q

Revenue Bonds

A

Revenue bonds are backed by revenues generated from the project itself.
They do not require a referendum to pass, but if the plan fails, there is no recourse to taxes to make up
the shortage.

71
Q

General Obligations Bonds

A
  • GOB are backed by gov’t taxing
    power and therefore usually require a referendum to pass.
  • & an approval from the Fl. Sup. Court
72
Q

ad valorem” for property taxes:
State Expenses

A

Only state may levy ad valorem taxes on intangible property such as notes, bonds, and other obligations for pymt of money, ($1 per $1000 value times the number of mills auth by the particular gov entity).

but the tax CANNOT exceed 2 mills

All other forms of taxation shall be preempted to the
state except as provided by general law

73
Q

ad valorem” for property taxes:
State Expenses

A

Only state may levy ad valorem taxes on intangible property such as notes, bonds, and other obligations for pymt of money, ($1 per $1000 value times the number of mills auth by the particular gov entity).

but the tax CANNOT exceed 2 mills

All other forms of taxation shall be preempted to the
state except as provided by general law

74
Q

Equal Protection Clause

A

The 14th Amendment of the Equal Protection Clause states that
“no state shall deny any person within its jurisdiction its equal protection of the laws.”

75
Q

When does classification exist ?

A

A classification exists where a group of people are treated differently based on a characteristic

76
Q

Equal Protection Scrutinies

A
  1. Strict Scrutiny
  2. Intermediate Scrutiny
  3. Rational Basis Review
77
Q

Equal Protection: Strict Scrutiny

A

When the government discriminates on the basis of:
* race
* natural origin
* religion
* alienage

Rule:
Law presumed to be invalid, unless
Burden on the government to prove that the regulation is necessary or narrowly tailored to achieve a compelling government interest

78
Q

Equal Protection: Intermediate Scrutiny

A

When the government discriminates on the basis of:
* Gender/Sex
* Non marital children

Rule:
Law presumed to be invalid unless
Government has the burden of proving that the law is substantially related to achieve an important government interest.

79
Q

Equal Protection: Rational Basis

A

When the government discriminates on the basis of:

Age
Wealth
Public safety/health
Disability
Rule:
Burden is on the challenger (plaintiff) to demonstrate that the law is not rationally related to a legitimate government interest.

80
Q

Rights to Access Courts
RULE

A

Under the Florida Constitution courts shall be open to every person for redress of any
injury, and justice shall be administered without sale, denial, or delay &.
* Legislation cannot take away a statutory or common law right of action unless it provides a reasonable alternative, or proves there is an overpowering public necessity and no reasonable alternative exists.

81
Q

Common law

Defamation

A

At common law, individuals can sue for damages to their reputation by proving the following elements:
(1) The defendant negligently published
(2) A false and defamatory statement
(3) Of and concerning the plaintiff
(4) resulting in damages

82
Q

Defamation:
Public officials/figures
Celebrities

A

Plaintiff must prove that the statements were made with “actual malice”

  • actual malice: with the knowledge of their falsity or with reckless disregard for the truth
83
Q

Incitment to imminent lawless action

unprotected speech

A

Rule: the government can regulate that type of speech if:
* it is intended to produce imminent lawless action (meaning the law violation occur immediately after the speaker urges the action)

  • likely to produce such action
84
Q

* Less protected: Conduct that Communicates (expressive conduct) Scrutiny

unprotected speech

A

O’Brien Test

The government may regulate expressive conduct only if:
1. Be within the constitutional power of the government to enact
2. the law serves an important or substantial gov interest,
3. the government’s interest is unrelated to the suppression of free expression,
4. the law Prohibist no more speech than is essential to further
that interest

85
Q

Types of Unprotected Speech

unprotected speech

A

Incitement of Illegal Activity
True Threats
Fighting Words
Child Pornography

86
Q

Limited public forums
(& level of scrutiny)

A

Limited public forums are designated public areas within government-owned facilities.
Such as schools, libraries, and town halls.

  • The government may regulate speech in these forums, so long as those restrictions are reasonable and viewpoint-neutral
87
Q

True threats

A

True threats are statements intended to communicate a serious intent to commit unlawful violence to a specific individual or group.
* True threats are unprotected.

88
Q

Free Speech: Vagueness and Overbreath

A
  • Two separate doctrines used to invalidate government regulation of speech.
  • Can be raised as a defense or in a pre-enforcement challenge of statute (declaratory judgment, injunction)
89
Q

Free Speech: Overbreath

A

Regulation is overbroad if it captures more speech than is constitutionally permissible

Compare amount of speech captured by the statute v. the speech the government can constitutionally capture or regulate

90
Q

Free Speech: Vagueness

A
  • Statute or regulation is vague if a person of average intelligence does not know if their speech is prohibited or if they will be punished for their speech.
  • Look for ambigous language
91
Q

Student at school - Free Speech

A

Student have protected speech so long as it is

NOT materially and substantially interfere “ with the operation of the school.

(what they say or wear is protected)

92
Q

what is an Expressive conduct

A

encompasses a range of nonverbal actions, gestures, and symbolic acts that communicate ideas beliefs or emotions.

93
Q

(expressive conduct) Scrutiny

A

The government** may regulate** expressive conduct only if :
1) the law is within the constitutional power of the government to enact;

2) the law serves a significant or substantial state interest;

3) The interest must be unrelated to the suppression of speech (or “content neutral”); and

4) the law Prohibits no more speech than is essential to further that interest

94
Q

FOR EXPRESSIVE CONDUCT

The regulation that the government intends to impose **content-based **or content-neutral?

A

Content-neutral = not directly aimed at speech (O’Brien / draft cards)
* Content-based = directly aimed at suppressing speech or a particular
viewpoint (Johnson / Flag Burning)

  1. Second, apply the proper test.
    * Content-neutral restrictions face O’Brien’s “Intermediate +” scrutiny
    and can survive
    * Content-based restrictions face strict scrutiny (and typically fail)
95
Q

Traditional public forums
AND level of scrutiny

A

Forums that have historically been dedicated to public expressions and debate.

spaces include parks, sidewalk, street, town squares. The internet.

  • Gov restrictions on speech in traditional public forums must meet strict scrutiny.
96
Q

Non-public forums:
(& level of scrutiny)

A

Non-public forums: spaces that are not historically dedicated to public expressions
(such as military bases and prisons)

  • The gov has even greater discretion regulating speech in these forums.
  • Regulations still need to be reasonable and viewpoint-neutral
97
Q

What does the Government rely upon to justify their restrictions on speech ?

or assembly

A

The government will rely upon to justify its restriction of either speech or assembly are:
Time, place, and manner restrictions (TPM)

98
Q

FL strict scrutiny

A

No person shall be deprived of any right because of race, religion, national origin or physical
disability.

99
Q

what does it mean when a provision of the FL constitution is Self-executing?

A

All provisions of and amendments to the FL Constitution are presumed to be complete and effective upon passage (i.e., self-executing) if the provision contains “sufficient rule”.

100
Q

what is “sufficient rule”?

A

It is expressly declared effective upon passage without need for implementing legislation.

101
Q

what is Procedural Due process

A

Even if the government isn’t unconstitutionally discriminating, it MUST act fairly before depriving individuals of life, liberty, or property, usually by providing notice of the deprivation and some kind of hearing in which it can be contested

asks only if the process was adhered to (did you have your day in court, etc).

102
Q

What is substantive due Process

A

When the overall law and proceedings are
fundamentally fair (i.e., does the punishment fit the
crime).

103
Q

FL Right to privacy (search and seizure)

A

if the government conducts a search (such as of your home, phone, or personal records), Florida courts will look at:
* Whether the person had a reasonable expectation of privacy.
* If so, then does the government’s interest survive strict scrutiny.

104
Q

Examples when you DON’T have the Right to privacy (search and seizure)

A
  • banking records
  • blood draws
  • Financial records in a divorce proceeding
  • psychological counselling in certain circumstances
  • NO Right to getting medical or any aid to DIE.
105
Q

Examples when you DO have the Right to privacy (search and seizure)

A
  • disclosure of an individual’s HIV status
  • right to refuse medical treatment (such as a life-saving blood transfusion)
  • getting an abortion (kids do not need parental consent)
106
Q

what is the Florida Sunshine Law

A

Under the Florida constitution as implemented by statutes, every person has the right to inspect or copy any public record made or received in connection with the official business of any public body or officer of the state

107
Q

FLorida Sunshine Law

Sunshine law Rule
4 requirements

A

Four requirements need to be met for any resolution , rule, law, or formal action to be construed as binding. the four primary requirements are :

1) meetings of the required entities** must be open to the public**
2) reasonable** notice **of such meetings must be given,
3) minutes of meetings must be taken. And
4) the venues of meetings must be accessible.

one main exception to the general rule is if a meeting occurs between any two individuals; the rule begins with three officials

if three or more, msut meet the requirements above

108
Q

list of acts that would violate the
Establishment Clause:

A
  • Setting up a state church
  • Passing laws that specifically aid one religion or aid religions generally
  • Punishing people for holding certain beliefs
  • Punishing people for attending or not attending church
109
Q

• Regulation of Elections

A

Your state is in charge.
All elections by the people shall be by direct and secret vote.

(plurality: large group.. Not necessarily majority)

110
Q

Hoe to become an ELECTOR
(Someone who can vote)

A

• Must be a citizens of the United tsates
• Must be at least 18 years old
• And who is a permanent Resident, if registered as provided by law, shall be an elector of the county where registered.

111
Q

DISQUALIFICATION to VOTE

A

Florida has stripped some convicted felons(conviction of murder or felony sex offenses) of their voting rights for life.
- The governor of Florida maintains the ability to clemency including a full rest relation of civil rights to those convicted of a felony or adjudicated mentally incompetent under Article 4 Section 8.

112
Q

What does original jurisdiction mean

A

When people can file those cases directly with the Supreme Court — no need to go through a circuit court or DCA first.