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FL Bar Review > FL Constitutional Law > Flashcards

FL Constitutional Law Flashcards

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1
Q

Article II

A

General Provisions

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2
Q

Article III

A

Legislature

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3
Q

Article IV

A

Executive

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4
Q

Article V

A

Judiciary

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5
Q

Article VI

A

Suffrage & Elections

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6
Q

Article VII

A

Finance & Taxation

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7
Q

Article VIII

A

Local Government

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8
Q

Article IX

A

Education

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9
Q

Article X

A

Miscellaneous (e.g. Homestead)

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10
Q

Article XI

A

Amendments

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11
Q

Article XII

A

Schedule

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12
Q

State Constitutions are a limitation on state powers. The state as sovereign has certain reserved powers known as police powers. In Florida, the state has the power to provide for the ____________, ___________, ____________, and _____________ of its citizens.

A

General welfare; health; safety; morals

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13
Q

Declaration of Rights

A

FL’s counterpart to the federal Bill of Rights is the Article I, Declaration of Rights. Some of these rights are more expressly articulated than those found in the U.S. Constitution.

  • Right to privacy
  • Right to work
  • Right to access to courts
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14
Q

Equal Protection

A

FL’s Equal Protection applies ONLY to state action. The same standards of review based upon the class of persons subject to the alleged discrimination or the types of rights allegedly infringed that apply under the U.S. Constitution apply under the FL Constitution.

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15
Q

The FL Constitution expressly forbids discrimination based on ________, _________, ___________, or ___________. Thus strict scrutiny is applied to these cases. For non-suspect classes, the rational basis test is applied.

A

Race; religion; national origin; physical handicap

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16
Q

Strict scrutiny requires:

A

State shows compelling state interest is served

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17
Q

Rational basis requires:

A

π must show not related to achievement of legitimate state interest

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18
Q

All persons have inalienable rights including but not limited to, the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry and to acquire possess and protect property. These rights are fundamental, so ______________ is applied.

A

Strict scrutiny

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19
Q

Freedom of Religion

A

FL’s constitution forbids regulation and establishment of religion by the government and guarantees free exercise of religion to each individual. However, it also states that religious freedom does not justify practices inconsistent with public morals, peace or safety. Also no revenue of the state shall ever be taken from the public treasury directly or indirectly in the aid of any church, religious denomination or in aid of any sectarian institution.

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20
Q

Freedom of Religion - Lemon Test:

A

(1) Primarily secular purpose
(2) Primary effect neither advances nor inhibits religion
(3) Does not produce excessive entanglement with religion

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21
Q

Freedom of Speech and the Press

A

FL’s constitution guarantees freedom of speech and no state law may be passed abridging freedom of speech or of the press. There is a strong presumption in favor of public access to court proceedings and records. The free speech and press provisions of the FL Constitution have generally been analyzed in the same manner as the First Amendment of the U.S. Constitution.

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22
Q

Prior Restraint

A

Not favored by courts

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23
Q

Time, Place, Manner restrictions:

A

OK if content neutral. (non-content based) IF is narrowly tailored, serving compelling state interest

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24
Q

Commercial Speech:

A

Not as protected as political speech

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25
Q

Obscenity

A

Act is prurient, offensive, & no artistic value

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26
Q

Freedom of Assembly

A

The FL Constitution provides that the people retain the right to assemble peaceably and to petition for redress of grievances.

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27
Q

Right to Work

A

The right of a person to work shall NOT be denied or abridged on account of membership or non-membership in any labor union or labor organization. The rights of employees, by and through a labor organization to bargain collectively shall NOT be denied or abridged. Public employees shall have NO right to strike.

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28
Q

Due Process

A

No person shall be deprived of life, liberty, or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself. Procedural due process in FL extends to actions by private organizations exercising a quasi-public function.

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29
Q

Procedural Due Process

A

= Fair Trial

Notice & a hearing
Right to appeal
Jury trial - can’t be taken away by legislature

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30
Q

Substantive Due Process

A

= Fundamental Rights

Rights to possess property, privacy, and jury trial

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31
Q

Prohibited Laws

A

No bill of attainder, ex opst facto law or law impairing the obligation of contracts shall be passed. But note that although virtually no degree of impairment of contract is permitted, where the state is not a party to the contract, the courts have balanced the degree to which a party’s contract rights are statutorily impaired against the evil the state is attempting to remedy through the statute.

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32
Q

Bill of attainder

A

One person

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33
Q

Ex Post Facto Law

A

Retroactive application

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34
Q

Impairment of Contract

A

Blank

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35
Q

Search and Seizures

A

This right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court.

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36
Q

Excessive Punishments

A

The FL Constitution prohibits:

(i) Excessive fines
(ii) Cruel or unusual punishment
(iii) Forfeiture of estates
(iv) Indefinite imprisonment; and
(v) Unreasonable detention of witnesses

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37
Q

Article I

A

Declaration of Rights

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38
Q

Administrative Penalties

A

No administrative agency shall impose a sentence of imprisonment, nor shall it impose any other penalty except as provided by law. An administrative agency cannot award non-quantifiable common law damages (e.g., emotional distress) but may award quantifiable damages (e.g., back pay, attorney’s fees).

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39
Q

The courts shall be open to every person for redress of any injury and justice shall be administered without ________, ________, or __________.

A

Sale; denial; delay

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40
Q

If the legislature abolishes a cause of action, a reasonable alternative must be provided unless:

(1) The legislature can demonstrate ________________ and
(2) No alternative _____________

A

A compelling public necessity; ???

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41
Q

Trial by Jury

A

The right of trial by jury shall be secure to all and remain inviolate.

If you had right to jury in 1845, you have right to jury now. (Can waive right)

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42
Q

Right to Privacy

A

Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.

More protection in FL Constitution.

Standard: Government interference with the right of privacy is permitted ONLY if there is a compelling state interest and the least intrusive means are used to protect that interest.

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43
Q

Access to public records and meetings

A

Sunshine Act

All meetings open to public, must be duly noticed, can get the documents produced;
And all records can be open to public (most personnel records are available)

Exemptions: Must state reason & be broader than necessary

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44
Q

The powers of the state government shall be divided into ________, __________ ,and __________ branches. NO persons belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided in the constitution.

A

Legislative; executive; judicial

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45
Q

The concept of separation of powers as a check on overall governmental power is a tradition in the American system of government. Each branch of government has its duties. The legislative branch ______________, the executive branch ______________, and the judicial branch __________________________.

A

Makes laws; enforces law; interprets the laws and actions of the executive branch

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46
Q

When one branch of the government usurps the function of another branch, it is said to ________. When one branch of government delegates its responsibilities to another branch of government, it is said to violate the ________________.

A

Encroach; non-delegation doctrine

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47
Q

___________ prescribes duties and rights under our government and the legislature is responsible for enacting such policies; creates, defines, and regulates rights.

A

Substantive law

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48
Q

____________ concerns the means and methods to apply and enforce those duties and rights and the Supreme Court determines this type of law through the promulgation of rules;.

A

Procedural law

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49
Q

The legislature ______ delegate the power to make law or fundamental policy decisions.

A

Cannot

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50
Q

The executive agencies may make rules; however, the statute must provide __________________ so that the agencies are merely implementing policy determined by the legislature.

A

Sufficient guidelines and standards

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51
Q

The legislature may not delegate to any agency:

A

(1) The right to define the elements of a crime;
(2) Create criminal penalties; or
(3) Fashion equitable remedies

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52
Q

The legislature is bicameral and consists of a senate and a house of representatives. The ___ senators are elected for terms of 4 years and the ___ house members are elected for terms of 2 years.

A

40; 120

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53
Q

This is convened 14 days after each general election.

A

Organization Session

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54
Q

This is convened in the first week in March. Laws on any subject may be enacted in this session by a majority vote.

A

Regular Session

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55
Q

May be called by the Governor. Limited to 20 days, unless extended by a vote of 3/5, and no new business may be acted upon without the consent of 2/3 of the membership. May also be convened by legislators.

A

Special Sessions

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56
Q

Each house determines its own rules of procedure and may punish a member for contempt or disorderly conduct by majority vote of the membership. By a _____ vote of the membership the house may expel a member.

A

2/3

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57
Q

Requirements for a Law

A

(1) Cannot be vague
(2) Cannot be overbroad
(3) Must be reasonably related to public welfare
(4) Constitutional requirement

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58
Q

Constitutional Requirement for Law

A

(1) Must be limited to single subject
(2) Must have an adequate title
(3) Text must be set out
(4) Must have an enacting clause

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59
Q

Vote required for: Each house for passage of bills (including joint resolutions and reapportionment).

A

Majority Vote

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60
Q

Vote required for: Senate to convict a suspended state, county or municipal officer.

A

Majority Vote

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61
Q

Vote required for: Each house to extend a regular session.

A

3/5 Vote

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62
Q

Vote required for: Each house to convene a special session.

A

3/5 Vote

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63
Q

Vote required for: Each house to amend or revise the constitution.

A

3/5 Vote

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64
Q

Vote required for: Each house to add prohibited subjects for special laws and general laws of local application.

A

3/5 Vote

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65
Q

Vote required for: Each house to raise the tax rate on corporate income.

A

3/5 Vote

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66
Q

Vote required for: Each house, reaction of State Trust Funds

A

3/5 Vote

67
Q

Vote required for: Each house to extend special session to include new business.

A

2/3 Vote

68
Q

Vote required for: Each house to waive three readings of a bill prior to its passage.

A

2/3 Vote

69
Q

Vote required for: Each house to override a gubernatorial veto.

A

2/3 Vote

70
Q

Vote required for: House of Representatives to impeach.

A

2/3 Vote

71
Q

Vote required for: Senate to convict an impeached state officer.

A

2/3 Vote

72
Q

Vote required for: Each house to repeal rules of practice and procedure promulgated by Supreme Court.

A

2/3 Vote

73
Q

Vote required for: Each house to increase or decrease the numbers of judicial offices recommended by Supreme Court.

A

2/3 Vote

74
Q

Vote required for: Each house for state mandates on local governments.

A

2/3 Vote

75
Q

Vote required for: Each house to increase State spending above revenue cap.

A

2/3 Vote

76
Q

Apply uniformly statewide to all persons or circumstances.

A

General Laws

77
Q

Relate to or are designed to operate on known, specific persons or things or in a specifically indicated part of the state.

A

Special Laws

78
Q

No ________ shall be passed UNLESS notice of intention to seek enactment has been published in a newspaper of general circulation in the affected counties or the law is to become effective only on approval by referendum vote of electors of the area affected.

A

Special law

79
Q

A ________________ is a law that uses a classification scheme - based upon population or some other criterion - so that its application is restricted to particular localities; is distinguishable from a special law in that it does not require notice or referendum.

A

General law of local application

80
Q

Prohibited Special Laws and General Laws of Local Application

A 
These MUST be uniform throughout the state.
Examples:
-Election
-Taxation
-Rules of Evidence
-Punishment for Crimes
-Petit Juries
-Change of Venue
-Conditions precedent to brining any civil or criminal proceeding
-Creation of liens
-Divorce
-Adoption
-Regulation of occupations
81
Q

The governor is the __________ of the state, however, the constitution provides for a lieutenant governor and cabinet.

A

Chief executive

82
Q

The ___________ ensures all laws are faithfully executed, acts as commander and chief, initiates judicial proceedings in the name of the state, has the power to appoint and possesses clemency power.

A

Governor

83
Q

Governor has the power to veto a bill within ____________ after presentation. If the legislation adjourns, the governor has _______ to veto the bill.

A

7 days if in session; 15 days

84
Q

The ____________ performs duties assigned by the Governor.

A

Lieutenant Governor

85
Q

The ___________ is the chief legal officer.

A

Attorney General

86
Q

The ____________ settles and approves accounts against the state.

A

Chief Financial Officer

87
Q

The ____________ supervises matters pertaining to agriculture and consumer affairs.

A

Commission of Agriculture

88
Q

All functions of the Executive Branch are allocated among not more than ___________.

A

25 departments

89
Q

Homestead personal property exception

A

$1000

90
Q

These exceptions shall inure (pass) to the surviving spouse or heirs of the owner:

A

(1) Natural person
(2) One Homestead
(3) Property inside municipality - up to 1/2 acre
(4) Property outside municipality - 160 contiguous acres
(5) Establishment before levy
(6) Exceptions from Protection

91
Q

Three types of exceptions from protection:

A

(1) Taxes & assessments
(2) validly executed mortgage - if married BOTH sign
(3) construction/mechanics lien

92
Q

Determined by intent of homesteader

A

Abandonment

93
Q

Proceeds of Homestead

A

Intent to re-invest - reasonable period of time

Protection to extent re-invested - up to amount reinvested in new house

94
Q

__________ of homestead property only apply to solely owned property. Real property owned by the decedent and surviving spouse as tenants by the entirety is not subject to these. It passes by right of survivorship in all cases.

A

Restraints

95
Q

If homestead property owned by joint tenants by the entirety,

A

Own together, must be conveyed by both.
If mortgaged, need both signatures.
If there is no will, moves as fee simple to spouse.

96
Q

If spouse or minor children survive the owner, the homestead:

A

May not be devised.

97
Q

If the owner is not survived by minor children, the homestead

A

May be devised to spouse

98
Q

If no spouse or minor children survive, the homestead

A

May be devised to whomever the owner chooses.

99
Q

If homestead is improperly devised, it descends in the same manner as other intestate property. However, if the decedent is survived by a spouse and one or more descendants,

A

The surviving spouse takes a life estate in the property, with a vested remainder in the descendants.

100
Q

Spouse may elect to take 1/2 interest in Homestead Property

A

In lieu of life estate
Surviving spouse may elect to take 1/2 interest as tenants in common with other 1/2 interest resting in lineal descendants surviving at time of decedents death (so can sell interest)

101
Q

Most powerful county. Can do anything that doesn’t violate genera/special laws.

A

Charter County

102
Q

Not as powerful county. Can enact ordinances as provided by general/special laws.

A

Non-Charter county

103
Q

Either elected or appointed. Removed by governor suspending.

A

County Officers

104
Q

County’s jurisdiction

A

Unincorporated Area

105
Q

Created by legislative act & can be abolished by same.

A

Municipalities (Cities)

106
Q

Powers of municipalities

A

Come from FL Constitution & statutes

107
Q

5 instances when city may NOT act:

A

(1) State preemption
(2) County preemption
(3) Forbidden by county charter
(4) Forbidden by city charter
(5) Constitutional laws

108
Q

Entities: Charter vs. City
Subject Matter: Services
Who wins?

A

Determined by dual referenda

109
Q

Entities: Non Charter vs. City
Subject: Services
Who wins?

A

City wins

110
Q

Entities: Charter vs. City
Subject: Regulatory
Who wins?

A

County wins

111
Q

Entities: Non-Charter vs. City
Subject: Regulatory
Who wins?

A

City wins

112
Q

Who wins?

Charter County vs. City

A

Charter County

113
Q

Who wins?

State vs. County

A

State

114
Q

Who wins?

Constitution vs. State Statute

A

Constitution

115
Q

Who wins?

Federal vs. State

A

Federal

116
Q

Sovereign Power of State (and other governmental entities by statute) to take private property for public purpose and for full compensation.

A

Eminent Domain

117
Q

Eminent Domain taking must substantially oust the owner from his property. Distinguish taking from regulation. For a taking, government must show:

A

A reasonable necessity for its action

118
Q

Property must be used for ____________ in eminent domain.

A

Public purpose

Airports, utilities, hospitals, and parks are deemed public.

119
Q

Full compensation in eminent domain.

A

Fair market value

120
Q

Others may be entitled to just compensation besides landowner.

A

Person with property interest

121
Q

Inverse Condemnation

A

Property owner institutes action after government deprives owner of use of property.

122
Q

Constitution and statute permit waiver of sovereign immunity. However, the statute provides a cap of __________ for any one person and ___________ for all claims arising from one accident.

A

$200,000; $300,000

123
Q

Planning v. Operational

A

Operational function: Can sue

Planning function: Can’t sue

124
Q

Underlying Duty

A

There MUST be an underlying duty to the individual. However, where no underlying duty exists, if the government entity undertakes to perform a particular as, it must do so with reasonable care.

125
Q

State Taxation Limitations

A

Constitutional Amendments
No ad valorem state taxes
Revenues can’t exceed last year

126
Q

State Corporate Income Tax?

A

Yes

127
Q

State Personal Income Tax?

A

No

128
Q

State Sales Tax

A

Where State gets most money

129
Q

Pari-Mutual Taxes

A

Gambling industry - lots of money

130
Q

Ad Valorem Taxation

A

Counties, cities, school districts, special districts may impose ad valorem taxes.
NOT STATE!!

131
Q

Millage Rate Formula

A

$1000 value = $1 tax

132
Q

Millage Rate Cap

A

Ten-mill cap

133
Q

Must ad valorem taxes be uniform?

A

Yes

134
Q

How often must ad valorem taxes be assessed?

A

Yearly

135
Q

Just valuation for ad valorem taxes

A

“Best and highest use”

136
Q

May leaseholds be assessed an ad valorem tax?

A

Yes

137
Q

Agricultural Property (Recreational Property) ad valorem tax

A

Character or Use Test

138
Q

Supreme Court Jurisdiction: Death Penalty

A

Mandatory

139
Q

Supreme Court Jurisdiction: Bond Validation

A

Mandatory

140
Q

Supreme Court Jurisdiction: Rate Decisions

A

Mandatory

141
Q

Supreme Court Jurisdiction: DCA decisions invalidate a law

A

Mandatory

142
Q

Supreme Court Jurisdiction: Officers of state

A

Discretionary

143
Q

Supreme Court Jurisdiction: Conflicting decisions between DCA’s

A

Discretionary

144
Q

Supreme Court Jurisdiction: Statute and Constitution validity by DCA

A

Discretionary

145
Q

Supreme Court Jurisdiction: Great Public Importance (Certification) by DCA

A

Discretionary

146
Q

Supreme Court Jurisdiction: Bypass Certification

A

Discretionary

147
Q

Supreme Court Jurisdiction: Federal Certification

A

Discretionary

148
Q

Supreme Court Jurisdiction: Rules of Practice and Procedure

A

Administrative

149
Q

Supreme Court Jurisdiction: Florida Bar

A

Administrative

150
Q

DCA Jurisdiction: Final Orders of Circuit Courts

A

Mandatory

151
Q

DCA Jurisdiction: Final Orders of State Agencies

A

Mandatory

152
Q

DCA Jurisdiction: Non-final Orders of Circuit Court

A

Discretionary

153
Q

DCA Jurisdiction: Final Orders of Circuit Court in its appellate capacity

A

Discretionary

154
Q

DCA Jurisdiction: Bypass certification

A

Discretionary

155
Q

Circuit Court Jurisdiction: Final Orders of County Court

A

Appellate

156
Q

DCA Jurisdiction: Final Orders of Agencies not under APA

A

Appellate

157
Q

DCA Jurisdiction: Original Jurisdiction

A

Trial

158
Q

DCA Jurisdiction: Amount sought exceeds $15,000 (or equitable remedy)

A

Trial

159
Q

Jurisdiction: Ordinances, Misdemeanors, Traffic Infractions

A

County Court

160
Q

Jurisdiction: Amount sought is $15,000 or less

A

County Court

161
Q

Who may issue writs?

A

Supreme Court
DCA
Circuit Court

162
Q

5 Methods of Amending the Constitution

A

(1) Legislative
(2) Revision Convention
(3) Constitutional Convention
(4) Initiative: signatures
(5) Taxation and Budget Reform Commission

163
Q

Petition drive bypasses Legislature

A

Initiative

164
Q

Requirements for Initiative

A

(1) Single Subject Rule - a proposal is seen as embracing one subject if the component parts or aspects have a natural relation and connection to a single dominant plan or scheme
(2) Economic Impact Statement - probable financial impact of the amendment
(3) Must be represented accurately on ballot

FL Bar Review (12 decks)

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