Florida Constitutional Law Flashcards

Question

EXAM TIP: GOVERNMENT DEPRIVATION OF A FUNDAMENTAL RIGHTS

Answer 1

Go through what's implicated: 1. Substantive Due Process: is everyone being denied a fundamental right 2. Procedural Due Process: Is the procedure used to deprive someone of a right fair? 3. Equal Protection: is everyone being deprived of the right or just a certain group

Answer 2

1. No Bills of Attainder: law passed to punish someone 2. No Ex Post Facto Laws: laws that retroactively make an act criminal 3. Impairment of Contracts: balancing test - first question: has the state done something that interferes with a contract or is just a private party breach

Answer 3

Impairment of Contracts: balancing test - degree to which a party's contract rights are statutorily impaired against the evil the state is attempting to remedy through the statute First: has the state done something that interferes with a contract or is just a private party breach Second: Is there an existing contract - taking away or adding an obligation to a contract that already exists might be an impairment. If it's a future contract no issue Third: Does the regulation substantially impair a contract (state has changed the intention and legal effect of the agreement) If ALL THREE APPLY, may only pass if it serves an important and legitimate government interest and is narrowly tailored to further that interest

Answer 4

Construed in conformity with the U.S. Constitution 4th A and interpretation by the U.S. Supreme Court

Answer 5

1. Information as to the nature and cause of the accusation 2. Copy of the Charged 3. Compulsory Attendance of Witness (Subpoena) 4. Confrontation of Accusers and Adverse (Cross Exam( 5. Counsel 6. Testify or Refuse 7. Speedy Trial 8. Fair Trial

Answer 6

Rights of Victims so long as they don't interfere with the rights of accused 1. Due Process 2. Reasonable Protection from the accused 3. Prevent disclosure of confidential information 4. Notice of Public Proceedings 5. Be Heard 6. Confer with Prosecutor 7. Be Informed 8. Return of Property 9. Restitution from convicted offenders for losses 10. Promptness 11. Be informed of these rights

Answer 7

FL Constitution prohibits excessive punishments including: 1. Excessive fines 2. Cruel or Unusual Punishment 3. Forfeiture of Estates 4. Indefinite Imprisonment 5. Unreasonable Detention of Witnesses

Answer 8

No Admin can impose a sentence of imprisonment, non quantifiable CL damages, or impose any penalty except as provided by law Can give QUANTIFIABLE Damages

Answer 9

Right above the Federal Constitution (look under both EPC and RoA on exam) **General:** the Courts shall be open to any person for redress of injury and justice shall be administered ***_without sale, denial, or delay_*** (including at least one appeal from a final order) Abolishment of a cause of action - there must be a reasonable alternative unless: 1. Legislature can demonstrate overpowering public necessity (comparable to compelling state interest) 2. No alternative method to meet necessity can be established

Answer 10

Compelling State Interest Standard Can provide incentives to waive (i.e. plea barganing)

Answer 11

Specified in the FL constitution Can't limit right of access to public records (Sunshine Laws) More protection that U.S. Constitution Can only be based on least intrusive means - compelling state interest Right to: 1. Terminate Pregnancies 2. Refused Medical Treatment 3. Right of Parents to Direct the upbringing of their children

Answer 12

Public records and meetings must be open to the public and duly noticed Exceptions: the law states a necessity justifying the exemption and the law is no broader than necessary to accomplish the goal I.e. right to informational privacy is not subject to the sunshine law (public employee's personnel file or a bar application)

Answer 13

The powers of the state government are in the: legislature, executive, and judicial branches No one belonging to one branch can exercise any powers assigned to either of the other branches unless **_expressly provided for in the FL Constitution_**

Answer 14

Usurp of powers of other branch: Encroachment Assigns its responsibilities to another branch: Delegation (violation of non-delegation)

Answer 15

Substantive v. Procedural Rules _Substantive Law_ (Legislature's domain) ***creates, defines, and regulates rights*** _Procedural Law_ (FL Supreme Court's Domain) ***legal machinery by which substantive law is made effective.*** Fl Supreme Court has the power to adopt rules for the ***_practice and procedures_*** in all courts Example: legislature would be encroaching on the judiciary if it passed a law governing the admission of exert testimony Examples of Substantive Procedural Rules: minimum sentencing guidelines, three-strike rules (regulate how much time in jail) power of the legislature to pass these laws Examples of Procedural Rules: Civil and Criminal Procedure, Filing Deadlines, and Service of Process Rules (these are the rules that courts and those in court have to follow)

Answer 16

Non-Delegation Doctrine: Legislature can't delegate the power to make law or fundamental policy decisions to other branches Executive Agencies: may make rules, but the state must provide sufficient guidelines and standards so that the agencies are merely implementing policy set by the legislature NOTE: The legislature may not delegate TO ANY AGENCY the right to define the elements of a crime, create criminal penalties, or fashion equitable remedies

Answer 17

Bicameral: Senate and House of Representatives 40 Senators - 4 year terms 120 House - 2 year terms **Regular Session:** Annually for 60 days, laws may be enacted by a majority vote **Special Session:** Called by the governor and limited to 20 days, no limit to how many the governor can declare - only the business that is within the purpose of the special session can be acted upon with a ⅔rd vote

Answer 18

1. Law Cannot be Vague 2. Not Overbroad 3. Reasonably Related to the Public Welfare (think police powers: welfare, health, safety and morals) 4. Constitutional Requirements: MEMORIZE THIS 1. Single Subject (a law may only cover one subject and matters properly connected to that subject) 2. Adequate Title 3. Text must be set out in the law 4. Must have an Enacting Clause (be it enacted that) A law may not be amended by reference to its title only - appropriate portions of the original text must be set out in the amending act

Answer 19

**Majority Vote:** passage of regular legislation in each house **Majority Vote of Senate:** removal **Supermajority:** 1. 3/5 in each house to extend regular session 2. 3/5 in each house to convene special, amend or revise const, add prohibited subjects for special subjects and general laws of local application, raise corporate income tax rate, create state trust funds 3. ⅔ - extend special to include new business, waive three readings of bill, override veto, House of Rep to impeach, Senate to Convict, repeal rules of practice and procedure promulgated by Sup Ct, increase or decrease number of judicial officers, state mandates on local governments, increase state spending above revenue cap

Answer 20

**General Laws:** Uniformly state wide to all persons and circumstances **Special Laws:** relate to or operate on specific persons or things or in specific part of state (usually a county) * no special law passed without notice of intention to seek has been placed in newspaper of general circulation in county or be approved by referendum in the affected areas **General Law of Local Application:** classification scheme based on population or some other criterion to restrict its application to particular localities. Does not require notice or referendum. Must have a nexus between the classification scheme and the purpose of the act ***the subject matter of the law must be reasonably related to the classification*** **Example: Law applies to all counties with a population of over 10million people - doesn't NAME the county so it's not a special law it's a general law of local application**

Answer 21

Have to be regulated through a GENERAL LAW - must be uniform throughout the state: 1. Elections 2. Taxation 3. Rules of Evidence 4. Punishments for Crimes 5. Petite Juries 6. Changes of Venue 7. Conditions to Bring Any CIVIL or CRIMINAL PROCEEDING 1. Note: This is highly tested - if a law creates an obstacle or condition before you can bring a case in court ask if it's general or special or general of local application 2. I.e. County Specific Mediation Requirement - this is not a general law, it creates a condition precedent to a civil or criminal proceeding it can't be a specific law [note this is also an issue on access to courts] 8. Lien Creation 9. Divorce 10. Adoption 11. Regulation of Occupation

Answer 22

Governor, Lieutenant Governor, Cabinet

Answer 23

**Veto:** has to veto within 7 days (if….) or 15 fays (if….) NO POCKET VETO

Answer 24

Performs duties assigned by the governor

Answer 25

Attorney General Chief Financial Officer Commissioner of Agriculture Note: not more than 25 departments

Answer 26

HOT TOPIC IN CON LAW, WILLS, REAL PROPERTY, SECURED TRANSACTIONS **Rule:** Protected against being forced to sell your homestead (primary residence) Article 10 Section 4 **Basics:** Exceptions

Answer 27

Two types of Counties: 1. Charter County - all power not inconsistent with general and special laws or the Constitutions - **_General Powers of Governance_** 2. Non-Charter County - no power **_except those enumerated_** by state statute County Officers can be elected or appointed Unencorporated - within a county but no municipality

Answer 28

Cities are established by legislative act Home-rule Powers - they can govern themselves with respect to health, safety, welfare, EXCEPT MAY NOT ACT: 1. State Preemption 2. County Preemption (in some cases) 3. Forbidden by County Charter 4. Forbidden by City Charter (constitution for the city) 5. Constitutional Limits

Answer 29

Depends on Type of County (Charter or non charter) and the Subject Matter of the Legislation (Services or regulatory) Conflict Between Charter and City over Services (i.e. Trash services) - dual referendum Non-Charter v. City over Services - City will win Charter v. City over Regulatory Matter - County Wins (regulation of behavior of citizens) Non-Charter v. City Regulatory - City Wins

Answer 30

Generally: Who's the bigger fish? Charter County Beats City State Beats County FL Constitution Beats State Statute Federal Beats State

Answer 31

Constitution Creates School Districts - gov't must provide adequate, uniform, and free schools School Vouchers: government money provided to parents to use for private schools Students from a a failing public school may not use state money to attend private schools -

Answer 32

The soverign power of the state (and other governmental entities by statute) to take property for public purpose as long as they provide full compensation ELEMENTS: 1. Necessity - if the government takes title or substantially ousts, that's a taking and there must be a reasonable necessity 2. Public Purpose - property must be used for public benefit (airports, utilities, hospitals, parks) 3. Full Compensation - Based on Fair Market Value of the Property determined by the Jury 4. Compensable Rights - Others may be entitled to just compensation other than land over (i.e. someone with a property interest - you have mineral rights) 5. Inverse Condemnation - property owner institutes action after deprivation of the property (suit to force them to take title and compensate)

Answer 33

Waiver or Consent to suit of Sovereign Immunity is allowed Damages are capped at 200K per person and 300K per incident Other Limits: 1. State may be liable for operational functions but not planning (meaning government is doing something private entities often do - i.e. operation of a parking garage, golf course, swimming pool) (planning - policy making, not consented to being sued i.e. where to put stop lights, or set up and operate a prison) 2. Underlying Duty (to the individual) if no underlying duty but undertakes must do so with reasonable care (take a duty by engaging)

Answer 34

Taxation Limitations: Hard for the Legislature to impose new taxes

Answer 35

Taxes based on value of property -counties and municipalites only

Answer 36

Can only raise a certain amount each year - overcome by supermajority vote of the legislature

Answer 37

Corporate Income Tax, but no Personal Income Tax

Answer 38

Permitted, but usually not enforced

Answer 39

Taxes on gamblinf are a source of income

Answer 40

**AD VALOREM: OK, but limits** - mill rate $1 per $1,000 of property value, with a 10mil cap on school, county and city, 30 mil cap

Answer 41

A fee is not a tax and is not subject to the same exemptions and exceptions 1. Park fees, parking, tolls, …. 2. To be a fee - limitation on the amount: based on the per capita use of the facility 3. No surplus 4. Used for the facility

Answer 42

Geographically defined unit of government that perform special functions Created by referendum and then tax themselves to pay for services (i.e. water management district)

Answer 43

State requires local gov to do something without providing $ RULE: County or Municipality is not bounded unless state can show that the law fills and important government interest AND

Answer 44

Must have a public purpose (broadly defined), covering a capital project (roads, airports, buildings) Can have incidental private benefit - balancing test to make sure that there's a substantial public benefit as well, won't invalidate simply because a private party is validated Validation Step: Must be a court proceeding to make sure properly issued **Revenue Bond:** paid off by revenue from the project (issed for a toll road, uses toll money to pay off) 1. State Gov: no referendum required, not paid off from taxes 2. Local Gov: For capital projects, no referendum needed **General Obligation Bonds:** paid off through taxes, state bonds pledging “full faith and credit” requires elector approval Referendum required on a local bond if it matures after 12 months (is it paid from current or future revenues) if future taxes needed need a referendum to issue

Answer 45

FL CONST GOVERNS (Also Covered in Civ Pro)

Answer 46

FL Sup and DCOA are appointed by Gov subject to retention election Circuit and County - Elected JNC - Nomination Commission - ID people for appointment by the governor JQC - Wualifications COmmission - handles complaints about misconduct

Answer 47

Supreme Court of FL: Death penalty cases, mandatory jurisdiction, bond validation, statewide utility rate decisions, declaring statutes or constitutional provisions invalid RIGHT TO HAVE THE MATTER HEARD Discretionary Jurisdiction: state officer cases, conflicting decisions of DCoA, DCOA cases on state constitutional validity, great public importance cases, bypass certification, federal certification (concerning the meaning of FL Law) Administrative Jurisdiction: Rules of Practice and Procedure (Constitutional Power) FL Bar District Court of Appeal DCoA - Mandatory over final orders of circuit courts and state agencies, discretionary, non final orders, and final orders in it's appellate court capacity Circuit Court - Appellate or Trial - Appellate over final orders of local admin agencies and county courts, Trial over original jurisdiction cases specified by statute or amount over 30K or equitable remedy County: Ordinance, misdemeanors, traffic violations Writs: Supreme Court, DCoA, and Circuit ONLY