Florida Constitutional Law Flashcards
declaration of rights: florida constitution
State constitutions are restraints on government action.
state will argue it has the right to act under its police powers
* government has the power to provide for the general welfare, health, safety, and morals of the public
* action is taken by statute (state level), ordinance (local level), or executive order (emergencies)
DECLARATION OF RIGHTS: DOR in general
Source: Article One, Declaration of Rights (“DOR”)
Generally provides more protection than the Bill of Rights of the U.S. Constitution
DECLARATION OF RIGHTS: equal protection of the law
Operates similar to the 5th and 14th Amendments of the Constitution
When a law operates to the advantage/disadvantage of a suspect class or a fundamental right, that law is subject to strict scrutiny.
Neither equal protection nor due process applies unless there is state action
Strict scrutiny applies to suspect classifications: race, national origin, physical disability, religion
declaration of rights: religious freedom
jurisdiction
Does a dispute involve:
* A question about discipline, faith, or internal organization?
* Concerns about an ecclesiastic custom, rule, or law?
* A purely secular dispute between a third party and the defendant, even if defendant is a religious organization?
* taxpayers in Florida have standing to bring Establishment Clause challenges.
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establishment of religion
DOR provides there must be no law respecting the establishment of religion.
No revenue from a state agency/subdivision can be provided in support of a religious/sectarian institution.
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free exercise of religion
Government cannot substantially burden an individual’s free exercise of religion unless the burden furthers a compelling government interest.
declaration of rights: religious freedom
jurisdiction
Does a dispute involve:
* A question about discipline, faith, or internal organization?
* Concerns about an ecclesiastic custom, rule, or law?
* A purely secular dispute between a third party and the defendant, even if defendant is a religious organization?
* taxpayers in Florida have standing to bring Establishment Clause challenges.
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establishment of religion
DOR provides there must be no law respecting the establishment of religion.
No revenue from a state agency/subdivision can be provided in support of a religious/sectarian institution.
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free exercise of religion
Government cannot substantially burden an individual’s free exercise of religion unless the burden furthers a compelling government interest.
declaration of rights: freedom of speech, press, and assembly
freedom of speech
DOR provides that every individual may speak, write, or express sentiments on any subject but must be responsible for abuses
* Remedied through tort cases (e.g., defamation, libel, and slander)
* Apply federal standard generally for these tort cases in Florida
Compared to the first amendment, the DOR is at least as broad, or even broader, in terms of protection.
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freedom of the press
Freedom of the press is a personal right, not a property right.
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redress of grievances
DOR provides people the right to assemble peacably, instruct their representatives, and petition for redress of grievances.
Individuals may petition any branch of government.
Not an absolute right.
declaration of rights: right to work
- fl is right to work state
- Employees have a right to collectively bargain through unions.
- Efforts to abridge this right are subject to strict scrutiny.
- employment cant be conditioned on joining/not joining union
- Public employees do not have the right to strike.
tested like: county wants to build bridge, to speed it up it only hired non-union workers= unconstitutional
declaration of rights: Right to Bear Arms
Preemption Statute
* Gives legislature complete control of regulation and right to carry arms in FL
* Local governments cannot have more restrictive regulations than the state
Mandatory 3-day waiting period (excluding weekends and holidays) between the purchase and delivery of a retail gun.
* Exceptions: people trading in an existing handgun or have a concealed weapon permit
* Does not prohibit person from selling gun to someone else
declaration of rights: due process
DOR provides no individual shall be deprived of life, liberty, or property without due process of law, be put in jeopardy twice for the same offense, or be compelled to be a witness against himself.
* Similar to the Due Process Clause of the U.S. Constitution
Procedural due process: Protects an individual’s right to fair proceedings, including proceedings in conformance with FL Rules of Procedure and a guarantee that judgment will be rendered only after consideration of issues presented by adverse parties.
* Right to notice
* Right to a hearing before a neutral judge/decisionmaker
Substantive due process: Rights that are implicit in the concept of ordered liberty.
If the state passes a law that infringes a fundamental right, the law will be constitutional only if
it is narrowly tailored to serve a compelling government interest; burden is on state.
declaration of rights: searches and seizures
- fl constitution: all fl courts will interpret search and seizure in accordance with us supreme court law
- basically, we will follow 4th and 5th amendment
declaration of rights: habeas corpus
Must be freely given, without cost or delay
May be suspended only when doing so would be essential to public safety in
the case of a rebellion or invasion
declaration of rights: pretrial release and detention
every person charged with crime is entitled to pre-trial release, except
* where proof of guilt is evident or presumption of guilt is great
* Person is charged with certain specific offenses (a capital crime or offense punishable by life in prison); or
* No conditions of release sufficient to ensure defendant shows up at trial or that the integrity of the justice process will be preserved
declaration of rights: prosecution of a crime
Except for persons in a militia, defendant cannot be charged with a capital crime without a presentment or indictment by a grand jury.
Defendants may not be charged with other felonies without an indictment, presentment, or an information filed under oath by an officer of the court.
declaration of rights: rights of defendants and victims of a crime
Victims or next of kin are entitled to be present and heard, when relevant, at all crucial stages of criminal proceedings.
Defendant must be informed of the nature and cause of accusation, given a copy of the charges, given a speedy and public trial by an impartial jury in the county where the crime was committed, to be heard in person, to have counsel, and to have the right of cross examination of witnesses.
declaration of rights: excessive punishments
DOR prohibits excessive fines, cruel and unusual punishment, bills of attainder, forfeiture of estate, indefinite imprisonment, and unreasonable detention of witnesses.
Essentially the same as interpretation of the Eighth Amendment to the U.S. Constitution.
Bill of attainder is a legislative act that mentions a person by name and has the
intent of punishing that person.
death penalty is authorized in Florida but must not apply to defendants with
mental challenges or who are under the age of 18
If a particular method of execution is found unconstitutional, death sentence will stay until it can lawfully be carried out by another method.
declaration of rights: access to courts and trial by jury
access to courts
FLC: Open to every person for redress of any injury, and justice must be administered without sale, barriers (denial), or delay.
Kluger v.White: Right to access may be limited by legislature if there is a reasonable alternative or the legislature can show “overpowering public necessity” for abolition of the cause.
trial by jury
All citizens have an absolute right to trial by 6 jurors in most cases and 12 jurors in capital cases.
Exceptions: Actions in equity, civil commitment, and eminent domain
declaration of rights: right to privacy
every natural person in fl has right to be left alone- free from govt intrusion
Covers the fundamental liberty interest that parents have (e.g., vaccination status; curfew statutes: constitutional, so long as narrowly tailored)
FLC: Right to be let alone and free from government intrusion into a person’s private life
declaration of rights: access to public records
Government officials cannot meet and discuss agenda items in private (Sunshine Laws)
Every person has the right to inspect or copy any public record connected to official business of any public body, officer, or employee of the state.
Gov’t Entities: Applies to legislative, executive, and judicial branches of government; counties, municipalities, and districts; and each constitutional officer, board, and commission.
Also covers meetings of any collegial public body of the executive branch of state government, collegial public body of a county, municipality, school district, or special district, at which official business or public business is done
Legislature may exempt records or meetings if law states with specificity the reason for the exemption and if the exemption is no broader than necessary to accomplish purpose of the law.
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- ch 119 fl stat: every record in fl is public record
- constitution grants right to public record. constitution grants legislature power in 119 to define what is/isn’t public record. if legislature wants to hide public record it can do it temporarily with 2/3 votes from both houses
declaration of rights: taxpayers bill of rights
DOR requires the Florida legislature to prescribe a Taxpayer’s Bill of Rights.
* No income tax
* No new taxes unless a FLC amendment
declaration of rights: limit on atty fees in medical cases
In contingency-fee cases in the medical context, the claimant must receive no less than 70% of the first $250,000 and 90% of any amount in excess of $250,000, excluding reasonable costs.
declaration of rights: marriage
Florida statutes and state constitutional provisions define marriage as between one man and one woman, but same-sex couples may marry in Florida, and same-sex marriages from other states are recognized.
declaration of rights: scrutiny for fundamental rights
strict scrutiny
the legislature power
terms and qualifications
(1) senators
Election of senators is staggered—senators from odd-numbered districts are elected every four years in years that are multiples of four, and senators from even-numbered districts in even-numbered years that are not multiples of four.
Afterre apportionment, senators are elected for 2 year terms if necessary to maintain staggered terms.
(2) representatives
Representatives are elected for 2-year terms on even numbered years.
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sessions
(1) regular sessions
On the 14th day following each general election, legislature convenes to organize and select officers.
Regular session of the legislature cannot convene for longer than 60 days.
(2) special sessions
The govenor, by proclamation stating the purpose, may convene the legislature in special session.
During a special session, legislature may only transact business related to the proclamation that the governor issued or something else if two-thirds of the legislature agrees.
Unless extended by a three fifths vote of each house, special session must not last longer than 20 days.
Special session may also be convened when the president of the senate and the speaker of the house jointly file a proclamation with the secretary of state or when twenty percent of legislators file a proclamation, and three-fifths of each house vote to fix the day of the special session.
* you need a super majority vote (more than 50% have to approve).
(3) quorum
majority of the membership of each house constitutes a quorum.
Sessions of each house must be open to the public.
Prearranged gatherings between more than two members of the legislature, or between the governor, the president of the senate, or the speaker of the house of representatives, must be open to the public if those present intend to agree on current/subsequent taking of formal legislative action regarding pending legislation/amendments (i.e., Sunshine Law).
Each house may punish a member for contempt or disorderly conduct and may expel a member by a 2/3 vote.
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investigations
May compel the attendance of witnesses and production of documents and other evidence
When legislature is not in session, delegated committees have the same powers, except the power to punish.
Individual who is not a member of the legislature may be punished by a $1,000 fine, ninety-day imprisonment, or both for:
* Disorderly or contemptuous conduct;
* Refusal to obey a lawful summons; or
* Refusal to answer lawful questions.
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bills
Until it becomes law, it is a bill
Can originate in either house
Must be read in each house for three consecutive days unless rule is waived by two-thirds vote
Law must only address a single-subject and cannot be vague or overbroad.
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Executive Signature or Veto
Bill becomes law if the governor signs it or fails to veto it within 7 consecutive days after it is presented. Governor has 15 days to veto a bill before it becomes law when legislature recesses for more than 30 days or for an indefinite period.
If the governor vetoes part of a bill, the entire bill is deemed vetoed unless it is an appropriation bill.
* No pocket veto: If governor does not sign, bill becomes law on effective date
* Appropriation (i.e.,budget) line item veto: Governor may veto specific parts of an appropriation bill but may not veto any qualification or restriction without also vetoing the appropriation to which it relates
* Veto override: Each house must reenact or reinstate the bill by a 2/3 vote of the membership
the legislature power
terms and qualifications
(1) senators
Election of senators is staggered—senators from odd-numbered districts are elected every four years in years that are multiples of four, and senators from even-numbered districts in even-numbered years that are not multiples of four.
Afterre apportionment, senators are elected for 2 year terms if necessary to maintain staggered terms.
(2) representatives
Representatives are elected for 2-year terms on even numbered years.
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sessions
(1) regular sessions
On the 14th day following each general election, legislature convenes to organize and select officers.
Regular session of the legislature cannot convene for longer than 60 days.
(2) special sessions
The govenor, by proclamation stating the purpose, may convene the legislature in special session.
During a special session, legislature may only transact business related to the proclamation that the governor issued or something else if two-thirds of the legislature agrees.
Unless extended by a three fifths vote of each house, special session must not last longer than 20 days.
Special session may also be convened when the president of the senate and the speaker of the house jointly file a proclamation with the secretary of state or when twenty percent of legislators file a proclamation, and three-fifths of each house vote to fix the day of the special session.
* you need a super majority vote (more than 50% have to approve).
(3) quorum
majority of the membership of each house constitutes a quorum.
Sessions of each house must be open to the public.
Prearranged gatherings between more than two members of the legislature, or between the governor, the president of the senate, or the speaker of the house of representatives, must be open to the public if those present intend to agree on current/subsequent taking of formal legislative action regarding pending legislation/amendments (i.e., Sunshine Law).
Each house may punish a member for contempt or disorderly conduct and may expel a member by a 2/3 vote.
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investigations
May compel the attendance of witnesses and production of documents and other evidence
When legislature is not in session, delegated committees have the same powers, except the power to punish.
Individual who is not a member of the legislature may be punished by a $1,000 fine, ninety-day imprisonment, or both for:
* Disorderly or contemptuous conduct;
* Refusal to obey a lawful summons; or
* Refusal to answer lawful questions.
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bills
Until it becomes law, it is a bill
Can originate in either house
Must be read in each house for three consecutive days unless rule is waived by two-thirds vote
Law must only address a single-subject and cannot be vague or overbroad.
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Executive Signature or Veto
Bill becomes law if the governor signs it or fails to veto it within 7 consecutive days after it is presented. Governor has 15 days to veto a bill before it becomes law when legislature recesses for more than 30 days or for an indefinite period.
If the governor vetoes part of a bill, the entire bill is deemed vetoed unless it is an appropriation bill.
* No pocket veto: If governor does not sign, bill becomes law on effective date
* Appropriation (i.e.,budget) line item veto: Governor may veto specific parts of an appropriation bill but may not veto any qualification or restriction without also vetoing the appropriation to which it relates
* Veto override: Each house must reenact or reinstate the bill by a 2/3 vote of the membership
hierarchy of courts jurisdiction
top to bottom
1. supreme court
2. district court of appeals
3. circuit courts
4. county courts
mandatory jurisdiction: supreme court
- death penatly
- decisions of district court invalidating a provision in the state constitution/statute
- bond validations
- public utility cases
mandatory jurisdiction: district court of appeal
- all matters not directly appealable to the supreme court or a circuit court
- administrative appeals if provided by law
mandatory jurisdiction: circuit courts
- felonies
- family law
- civil cases more than $50k
- probate, guardianship, mental health
- juvenile dependency, delinquency
- appeals of decisions in certain administrative, noncriminal infraction, and other types of cases
mandatory jurisdiction: county court
- misdemeanors
- civil cases equal to or less than 50k
- small claims less than or equal to 8k
- traffic
discretionary jurisdiction: supreme court and district court of appeal
- validating a state statute
- construction of fl or us constitution
- decisions affecting a class of constitutional or statutory officers
- direct conflict with a supreme court or another district court decision
- certain certified questions or conflict certified by the district court
discretionary jurisdiction: district court of appeal, circuit courts, and county courts
- questions certified by the county court in a final judgment that is appealable to the circuit court
how is fl con law tested
essay
article 1: fundamental rights and us constitution parallels
- Enumerated rights
- strict scrutiny for all
article 3: legislature
test:
1. did they validly and constitutionally pass the law?
2. encroachment issues
article 3: legislative sessions
- where bill gets passed (in which session) affects whether it was validly passed
1. organizational issues: NO LAW CAN BE PASSED. ONLY FOR ORGANIZATION.
2. Regular session: can pass any bill without restriction
3. special session: limits on what can be done. can be called by governor or heads of both houses. when you call special session, have to declare purpose and only laws related to purpose can be passed. members can vote to expand subject matter by 2/3 vote of both houses. limit to this session is 20 days.
article 3: requirements for bills
- single subject requirements: in fl, every bill can only relate to one subject and matters properly connected to it
article 3: adequate title and enacting clause requirement
- every bill must have adequate title= reasonable person put on notice of the body of the act
- enacting clause= every bill must start with phrase: “be it enacted by the legislature of the state of florida”
article 3: section in bills
- bills must be broken up into paragraphs
article 3: default effective date of laws
- date law can start being enforced
- default effective date is 60 days from end of session
- can specify differently
article 3: executive action after bill passage- approval (sign) or veto
- every bill passed by legislature must be presented to governor for signature (passed) or veto
- after 7 days of presentment to governor, if he still has not signed it, it becomes law
- bill, unless otherwise stated, is effective 60 days after end of session
article 3: types of laws
- general
- special
- general law of local application
article 3: general law
Applies universally and uniformly to subjects, locations, classifications, and functions throughout the states
law passed by legislature which applies to everyone, everywhere
Most common law passed
article 3: special law
applies only to specific locations (e.g., counties, etc.), persons, or things
* to pass this law, give notice to affected people or pass through referendum (affected people vote for it)
article 3: general laws of local application
- Uses classification scheme, including geographic boundaries or population numbers, so it applies only to a specific locality
- general law, but based on population
- “any county with more than x residents shall not y”= any county with more than 60k residents shall not water lawn on tuesday
- no notice or referendum needed
article 3: prohibition on certain types of special laws and general laws of local application
Topics deal with procedures of the court
some areas of law so important must be uniform throughout the state , including:
* Election, jurisdiction, or duties of officers, except officers of municipalities, chartered counties, special districts, or local governmental agencies;
* Assessment or collection of taxes for state or county purposes;
* Rules of evidence;
* Punishment for crime;
* Petit juries, except for the establishment of jury commissions;
* Change of criminal or civil venue
* Conditions precedent to bringing civil or criminal proceedings, or limitations of time
* Refund of money legally paid or remission of fines, penalties, or forfeitures;
* Creation, enforcement, extension or impairment of liens or interest rates based on private contracts;
* Disposal of public property for private purposes;
* Vacation of roads;
* Private incorporation or grant of privilege to a private corporation;
* Effectuation of invalid deeds, wills, or other instruments, or change in the law of descent;
* Change of name of any person;
* Divorce;
* Legitimation or adoption of minors;
* Relief of minors from the disabilities of minority
* Transfer of any property interest of persons under legal disabilities or of estates of decedents;
* Hunting or fishing
* Regulation of occupations that are regulated by a state agency; and
* Any other subject if the legislature passed a general law by a three-fifths vote in each house.
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appropriations
Laws making appropriations for salaries of public officers and other current expenses of the state cannot contain provisions on any other subjects.
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approtionment
(1) legislature
Map of the districts for the house and senate are changed every 10 years.
Legislature must apportion the state into no less than 30 and no more than 40 senatorial districts and no less than 80 and no more than 120 representative districts.
If a resolution on apportionment is not reached, the governor must convene a special apportionment session, not to exceed 30 days, within 30 days, during which the legislature must adopt a joint resolution of apportionment.
(2) failure to apportion
If a special apportionment session adjourns without adopting a joint resolution of apportionment, attorney general and supreme court must make an apportionment.
(3) judicial invalidation
If supreme court determines that apportionment made by the legislature is invalid, the court must make its own apportionment within 60 days.
executive power
executive officers
(1) governor
Supreme commander of all military forces in the state not in active service of the United States
Must ensure laws are faithfully executed, commission all officers of the state and counties, and transact all necessary business with the officers of government
may also
* Require information in writing from executive/administrative state, county, or municipal officers upon any subject relating to their duties;
* Initiate judicial proceedings in the name of the state against any executive/administrative state, county, or municipal officer to enforce compliance with any duty or restrain any unauthorized act;
* Request in writing the opinion of the justices of the supreme court regarding the interpretation of the constitution;
* Call out the militia to preserve the public peace, repel an invasion, or suppress a rebellion;
* Address the legislature once in each regular session
* Fill by appointment any vacancy in state or county office for the remainder of the term;
* Suspend collection of fines and forfeitures, grant reprieves not exceeding 60 days and, with approval of two members of the cabinet, grant full or conditional pardons, restore civil rights, commute punishments, and remit fines and forfeitures for offenses; and
* In cases of treason, grant reprieves until adjournment of the regular session of the legislature.
(2) Lieutenant Governor
Performs the duties assigned by the governor or prescribed by law pertaining to the office
Becomes governor when the position is vacant and serves for the remainder of the term
Becomes acting governor during impeachment proceedings and until the completion of trial or during governor’s physical/mental incapacity
Only person in the state allowed to hold a second office simultaneously
(3) cabinet
Attorney General
* Office of the statewide prosecutor is within the office of the attorney general.
* The statewide prosecutor and attorney general have concurrent jurisdiction over crimes occurring/having occurred in two or more jurisdictions.
chief financial officer
* Settles and approves accounts against the state
* Keeps all state funds and securities
commissioner of agriculture
* Has supervision over matters pertaining to agriculture (also consumer affairs)
other cabinet duties
* The governor serving as chair, with the chief financial officer and the attorney general, constitute the state board of administration, as well as trustees of the internal-improvement trust fund and the land-acquisition trust fund, and the agency head of the Department of Law Enforcement.
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In the general election, candidates for the offices of governor and lieutenant governor must form joint ticket.
When elected, the governor, lieutenant governor, and each cabinet member must not be younger than 30 years old and must have resided in the state for the preceding 7 years.
Attorney general must have been a member of the bar of Florida for the preceding 5 years.
No one who has served as governor or acting governor for more than six years in two consecutive terms may be elected governor for the succeeding term, but there is no lifetime limit.
No person may appear on the ballot for reelection as Florida lieutenant governor, or any office of the Florida cabinet if, by the end of the current term of office, the person will have served in that office for eight consecutive years.
* no lifetime limit on the number of terms a person may serve in these offices
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executive departmetns and commissions
There are 25 executive departments which are responsible for the various functions of the executive branch.
Include:
(i) Department of Veterans Affairs,
(ii) Department of Elderly Affairs,
(iii) Judicial Qualifications Commission,
(iv) Judicial Nominating Commission,
(v) Constitution Revision Commission,
(vi) Commission on Ethics,
(vii) Parole and Probation Commission,
(viii) Fish and Wildlife Commission, and
(ix) Taxation and Budget Reform Commission.
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impeachment
The governor, lieutenant governor, members of the cabinet, justices of the supreme court, judges of district courts of appeal, judges of circuit courts, and judges of county courts may be impeached for committing a misdemeanor in office.
The house of representatives, by two-thirds vote has the power to impeach an officer.
The speaker of the house of representatives has the power at any time to appoint a committee to investigate charges against any officer subject to impeachment.
All impeachments by the house of representatives are tried by the senate.
* Trial must commence within 6 months of impeachment.
* Chief justice of the supreme court, or another justice designated by the chief justice, will preside at the trial, except in a trial of the chief justice, in which case the governor will preside.
Conviction or acquittal does not affect civil or criminal liability.
Governor may suspend any state officer who is not subject to impeachment, by stating the grounds and filing the order with the custodian of state records.
* Grounds for suspension include malfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony or indictment for a crime until the official is acquitted.
* The senate also has the power to remove from office or reinstate the suspended official.
article 5: judiciary- fl supreme court
Vested in the supreme court, district courts of appeal, circuit courts, and county courts
court establishing rules of procedure
- if other court does it= unconstitutional
evidence rules are substantive rules, not procedural law. fl sup ct does not have jurisdiction
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supreme court
(1) composition
7 justices
Each of the appellate districts must have at least one justice elected or appointed from the district to the supreme court who is a resident of the district at the time of the original appointment/election.
The chief justice is chosen by the court
5 justices constitute a quorum
4 is majority
(2) jurisdiction
Mandatory: The supreme court must:
* Hear appeals from final judgments of trial courts imposing the death penalty
* Hear appeals from decisions of district courts of appeal declaring invalid, either in part or whole, state law
* Hear appeals from final judgments entered in proceedings for the validation of bonds or certificates of indebtedness; and
* Review actions of statewide agencies relating to rates or service of utilities providing electric, gas, or telephone service.
discretionary: The supreme court may:
* Review decision of a district court of appeal that expressly declares valid a state law that affects state or constitutional matters and directly conflict with a decision of another district court of appeal;
* Review decision of a district court of appeal that passes upon a question certified to be of great importance or that is certified to be in direct conflict with a decision of another district court of appeal;
* Review order or judgment of a trial court certified by the district court of appeal in which an appeal pending is of great public importance or will have a great impact on the administration of justice;
* Review a question of law certified by the Supreme Court of the United States or a United States Court of Appeals that would be outcome determinative and for which there is no FL precedent;
* Issue writs of prohibition to courts and all writs necessary to the complete exercise of its jurisdiction;
* Issue writs of mandamus and quo warranto to state officers and state agencies; and
* Issue writs of habeas corpus returnable before the supreme court or any justice, a district court of appeal or any judge thereof, or any circuit judge.
The supreme court has the power to issue all rules of civil and criminal procedure
Rules of court may be repealed by a law enacted by two-thirds of both houses of the legislature.
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district courts of appeal
(1) composition
Serves each appellate district
Must consist of at least 3 judges
The concurrence of 2 judges is necessary for a decision
(2) jurisdiction
Jurisdiction to hear appeals that may be taken as a matter of right from final judgments or orders of trial courts.
May review interlocutory orders;but only in compliance with the rules issued by the supreme court
Have the power of direct review of administrative action, as prescribed by general law
May exercise the appellate jurisdiction of the circuit courts to the extent necessary to properly dispose of all issues in a case
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district courts
(1) composition
20 circuit courts, each serving a separate judicial circuit
(2) jurisdiction
The circuit court has original jurisdiction for:
* civil actions that would not otherwise belong in the county courts;
* Actions involving the legality of a tax; and
* Ejectment, injunctions, and actions in equity involving the title or boundaries to real property.
Circuit courts have the power to issue writ of certiorari and also the power of direct review of administrative action, final orders of lower courts, and some nonfinal lower-court orders.
also have jurisdiction to hear felony and misdemeanor criminal cases
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county courts
(1) composition
67 county courts, one in each Florida county
(2) jurisdiction
exclusive jurisdiction
* The county courts have exclusive original jurisdiction in civil cases in all:
* Actions at law in which the amount in controversy does not exceed $ 50,000;
* Actions involving the right of possession of real property that are within the
jurisdictional amount of the county court; and
* Matters that were previously within the jurisdiction of the county judge’s courts, municipal courts, county courts, small-claims courts, and courts of chartered counties.
concurrent jurisdiction
* The county courts have concurrent jurisdiction with the circuit courts in:
* Actions in equity that do not exceed $50,000;
* landlord and tenant actions within the jurisdictional limit of the county
court;
* Actions involving the right to possession of real property in which
the amount in controversy exceeds the jurisdictional limit of the county court; and
* Simplified dissolution of marriage actions.
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judges and attorneys
(1) judges
Elect county and circuit court judges
DCA and supreme court judges are appointed by the governor’s office
via committee; special selection and retention rules also exist
Removal and Reprimand: similar to impeachment for the judges
(2) attorney qualification and discipline
supreme court has exclusive jurisdiction to regulate the admission of persons to the practice of law and the discipline of persons admitted.
(3) state attorneys
Elected for a term of 4 years.
article 7: taxes and financing
state vs local govt taxation
article 7: ad valorem taxation
- goes to value of something. taxing based on value
- state= cannot impose ad valorem taxes on real/tangible property
- BUT can tax on intangible assets (bond, notes)
- county/local= can ONLY tax on ad valorem real property and tangible property
- local taxation is based on mils (based on thousands of $ worth of value)
- tax rate is also based on millage (2 mils= $2 per thousand $ value)
- max tax rate is 10 mils ($10 per $1,000)
- each taxing agent is separate: city, county, schoolboard, etc can tax 10 mils each
article 7: bond financing
- applies to state and local government
- florida requires balanced budget for state and local government
- cannot use debt in budget
article 7: general obligation bonds
- only capital projects
- think big projects, that can not be paid in one year
- paid back through full faith and credit of govt agency
- usually through taxing powers
- if bond is going to mature more than 12 mos into future, need referendum to approve the bond, EXCEPT FOR
1. local roads
2. school construction
3. water projects
article 7: revenue bonds
- has to be for capital projects
- but does not pay through full faith and credit (taxing power)
- these bonds only paid back from the revenue the project generates
- like turnipike toll
- in exchange for not pledging full faith and credit, do not need referendum
- unlawful to use tax money to pay back bond
article 8: local govt
this affects what type of laws it can pass
power of counties and municipalities to pass laws
The principle of local self-government cannot nullify either a valid legislative enactment or violate the constitution
counties: assuming there is provision for payment or apportionment of the public debt, counties may be created, abolished, or changed by law
article 8: chartered counties
- listed as chartered in statute
- in chartered, pass any laws so long as not inconsistent with florida general law or special law passed by referendum
article 8: non-chartered counties
- Counties not created by charter
- can pass no law except what florida statutes authorize it to pass
- Only have the powers allocated to them by general or special law
- Limited power to create ordinance—may enact an ordinance consistently with general law, but only if it does not conflict with another general or special law or another municipal ordinance
homestead exemption and protection
A Florida homestead is entitled to a variety of annual tax exemptions and is protection from forced sale.
Primary exemption is available to most homeowners.
Homeowner must satisfy two requirements:
* The property must be real property; and
* The property must be either the personal property of the owner or a dependent.
(1) Permanent Residence Requirement
* An owner need not reside in the homestead as long as a dependent (e.g., spouse or child) does.
(2) Types Of Qualifying Ownership Interest
Residential real property may be held by legal (like fee simple absolute) or equitable title (like beneficiary of a trust)
* Examples: By the entireties, jointly, in common, as a condominium, or indirectly by stock ownership or membership representing the owner’s or member’s proprietary interest in a corporation owning a fee or a leasehold initially in excess of 98 years.
allowed:
* Concurrent ownerships: Fee simple absolute, joint tenancy by the entireties, joint tenancy with rights of survivorship
* Property type: includes condos
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Qualifying Property
- Qualifying interests include a property in FL that qualifies as a homestead (assuming the owner satisfies residency requirements).
- If spouses jointly own a property, the homestead is protected if one spouse satisfies the residency requirement.
- After spouses divorce, courts will generally partition the property.
- Holders of a life estate are entitled to the protection but only if they have a current possessory interest in the land, not a future interest.
- Equitable interests, such as those belonging to trust beneficiaries, are often protected.
- Leasehold interests are generally not protected with the exception of certain long-term leases (e.g., 99 years).
- Condos can be homestead properties.
- Status of co-op properties is unclear, but mobile homes can be a qualifying interest.
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residency requirements
To be a homestead, the real property must be the primary and permanent residence of either the owner or a dependent.
(1) Permanent Residence
* Touchstone of analysis is intent
* Even if intent exists, permanent residency is not established unless the owner or a dependent is actually occupying the residence.
* A property loses the exemption when the property is abandoned
(2) Primary Residence
* To qualify as a homestead, a residence must be the primary residence.
(3) Residence of Owner or a Member of His Family
* To qualify as a homestead, the residence must be the primary residence of the owner or a member of his family.
(4) Separated Spouse
* When a married couple separates, each spouse can claim the exemption.
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Protection for Proceeds
If the owner of a homestead voluntarily sells it, the proceeds from the sale retain their protected status so long as the owner intends to reinvest in another homestead in a reasonable amount of time and does so.
Same rule applies to insurance proceeds.
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Protection for Owner’s Surviving Spouse and Heirs
The homestead exemption extends to the surviving spouse or the heirs of the owner.
A homestead owned in tenancy by the entireties or in joint tenancy with right of survivorship is not subject to this homestead protection because the homestead cannot be devised by will or passed by intestacy.
Rules only apply when the person owns it solely in her name and it passes to her heirs
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homestead: size limitation
1/2 contiguous acre inside municipality
160 contiguous acres outside municipality
* A rural homestead may include property that is used for nonresidential purposes if located contiguous to the residence and the total acreage does not exceed the limit.
* Once a rural homestead is established, it is not subject to the more restrictive municipal acreage requirements or use requirements even if the property is subsequently incorporated into a municipality, unless the owner wants it to be
Additional Purchases
* Homestead owner can purchase additional land that is contiguous to the homestead, up to the maximum acreage, and exempt it from existing judgments against the owner.
Contiguous Property
* Property divided by a road is still contiguous property when a homestead owner subdivides land according to a plat and sells lots according to the plat.
excess acreage
* If residential property that would otherwise qualify as a homestead exceeds maximum allowable acreage, the excess is not protected from a forced sale.
* When excess acreage and the protected homestead cannot be divided, the entire property may be sold
homestead: exemption from taxation
- anything in excess of size limit is not exempt from taxation
- govt takes value of property and calculates taxes, in homestead your tax bill reduced despite risening property costs
- Exemption on the first $25,000 of the property’s assessed value.
- Increased by an additional $25,000 of the property’s assessed value in excess of $50,000
- For a homestead with an assessed value over $75,000, the exemption can total a maximum
of $50,000 - When there are multiple owners, only one homestead exemption may be claimed per residential unit.
- protects you from increasing value of home
- taxable value of your house can not increase more than 3% per yr
- Assessed value also cannot exceed the FMV.
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other homestead exemptions
Elderly, Low-income Homeowners
elderly, Disabled Veterans
Surviving Spouse of Military Veteran or First Responder
Currently Serving Military Personnel
Change in Ownership of Homestead
Property is assessed at its just value as of January 1st of the year following the purchase.
Modification of Homestead
Generally, any change, addition, reduction, or improvement is assessed at its just value for the first year, then treated as part of the homestead thereafter.
Exception: “Granny Flats”—additions for grandparents
Non-Homestead Residential Real Property
For residential real property that contains 9 or fewer units and does not qualify for the homestead tax exemption
The annual change in assessment cannot exceed 10% of the prior assessment, except for a school district levy.
homestead: protection from forced sale
- if your property is homestead you can not be forced to sell through judicial sale
- Protection is only enjoyed by natural persons
- example: you were involved in car accident, lien on your house, you are protected from this
EXCEPT: voluntary liens
1. mortgage (did not pay, foreclosure homestead)
2. construction lien (did not pay contractors for fixing house, can foreclose)
3. taxes: if you do not pay property taxes, govt can force sale
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Personal Property
In addition to a homestead, personal property is protected from a forced sale to the extent that the total value of such property does not exceed $1000
How Homestead Works
Property that otherwise would be protected from forced sale may be sold to satisfy the following types of obligations that are in default:
* taxes
* Mortgages and other obligations incurred for the purchase, improvement, or repair of the
homestead
* liens for labors performed on homestead
fraud
* Statutory exception that permits the imposition of an equitable lien on protected property due to fraudulent conduct
* Mere intent to frustrate creditors is not enough.
Federal preemption
* A homestead is not protected from a federal tax levy or a federal forfeiture statute
Pre-existing liens
* A homestead is not protected from liens that attach to property before it gains protected status
burden
Burden is on creditor to prove by a preponderance of the evidence that the owner is not entitled to protection.
FL courts tend to liberally interpret homestead protections in favor of homeowners.
homestead: protection preserved after sale of homestead
- if i sell my house, get 300k in cash, and i have judgment against me, creditors **can not **take that $ for a reasonable amount of time, so long as you intend to invest that money into another homestead
- reasonable time= 6 mos~
eminent domain
- legislature has power of eminent domain and has power to delegate power of eminent domain to private companies, like FPL (utilities)
- fed constitution uses “just compensation” fl uses “full compensation”; means the same thing
- tested commonly: inverse condemnation– no formal exercise of ED but your laws/actions deprive you of all beneficial use and enjoyment of your property
counties: local options
Local option on the prohibition of alcohol remains with each county
Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.
municipalities
establishment
May be established or abolished and their charters amended pursuant to either a general or special law
Powers
Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services
May exercise any power for municipal purposes except when the law prevent it
Cannot exercise power in a way that conflicts with state law or the constitution
public officials
(1) Civil-Service System
Creation of civil-service systems and boards mandated by the FLC.
Most state employees are subject to the system.
Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees.
(2) Terms of Office
Generally, term cannot exceed 4 years.
Exception: judges and the executive branch department heads, who may serve at the
governor’s discretion.
counties: local options
Local option on the prohibition of alcohol remains with each county
Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.
municipalities
establishment
May be established or abolished and their charters amended pursuant to either a general or special law
Powers
Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services
May exercise any power for municipal purposes except when the law prevent it
Cannot exercise power in a way that conflicts with state law or the constitution
public officials
(1) Civil-Service System
Creation of civil-service systems and boards mandated by the FLC.
Most state employees are subject to the system.
Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees.
(2) Terms of Office
Generally, term cannot exceed 4 years.
Exception: judges and the executive branch department heads, who may serve at the
governor’s discretion.
voting and elections
(1) Regulation of Elections
All elections must be by direct and secret vote.
General elections are determined by a majority of votes cast.
(2) electors
Must be 18 years of age
Must be a permanent resident of the state
(3) Disqualification
Convicted of a felony
Adjudicated to be incompetent
Cannot vote or hold office
Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense
(4) Elections
A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year.
(5) Campaign Spending Limits
FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor).
The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.
counties: local options
Local option on the prohibition of alcohol remains with each county
Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.
municipalities
establishment
May be established or abolished and their charters amended pursuant to either a general or special law
Powers
Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services
May exercise any power for municipal purposes except when the law prevent it
Cannot exercise power in a way that conflicts with state law or the constitution
public officials
(1) Civil-Service System
Creation of civil-service systems and boards mandated by the FLC.
Most state employees are subject to the system.
Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees.
(2) Terms of Office
Generally, term cannot exceed 4 years.
Exception: judges and the executive branch department heads, who may serve at the
governor’s discretion.
voting and elections
(1) Regulation of Elections
All elections must be by direct and secret vote.
General elections are determined by a majority of votes cast.
(2) electors
Must be 18 years of age
Must be a permanent resident of the state
(3) Disqualification
Convicted of a felony
Adjudicated to be incompetent
Cannot vote or hold office
Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense
(4) Elections
A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year.
(5) Campaign Spending Limits
FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor).
The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.
ethics and education
ethics in government
(1) code of ethics
* Protect against conflict of interests and establish standards for the conduct of elected officials and government employees;
* Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions;
* Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and
* Set forth standards of conduct
Prohibited activities
* Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery)
* The prohibited activities involve conflicts of interest.
* Lobbying by former local officials (specifically prohibited by statute)
(2) Breach of Trust
* Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan.
(3) Ethics Commission
* Serves as guardian of the standards of conduct for public officers and employees of FL
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education
(1) Class Size
* FL Constitution has provisions designed to ensure students receive a high-quality education.
* Applies to public schools
* Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18
* 4th-8th grade: Cannot be more than 22
* 9th-12th grade: Cannot be more than 25
(2) Pre-Kindergarten
* FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards.
(3) State Board of Education
* Supervises the system of free public education
(4) School Districts and Boards
Each county constitutes a school district.
* If two counties are next door and voters decide, they may be combined into one school
district.
Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election.
Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools.
(5) State University System
* Single state university system comprised of all public universities
* Governed by a board of trustees
counties: local options
Local option on the prohibition of alcohol remains with each county
Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.
municipalities
establishment
May be established or abolished and their charters amended pursuant to either a general or special law
Powers
Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services
May exercise any power for municipal purposes except when the law prevent it
Cannot exercise power in a way that conflicts with state law or the constitution
public officials
(1) Civil-Service System
Creation of civil-service systems and boards mandated by the FLC.
Most state employees are subject to the system.
Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees.
(2) Terms of Office
Generally, term cannot exceed 4 years.
Exception: judges and the executive branch department heads, who may serve at the
governor’s discretion.
voting and elections
(1) Regulation of Elections
All elections must be by direct and secret vote.
General elections are determined by a majority of votes cast.
(2) electors
Must be 18 years of age
Must be a permanent resident of the state
(3) Disqualification
Convicted of a felony
Adjudicated to be incompetent
Cannot vote or hold office
Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense
(4) Elections
A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year.
(5) Campaign Spending Limits
FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor).
The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.
ethics and education
ethics in government
(1) code of ethics
* Protect against conflict of interests and establish standards for the conduct of elected officials and government employees;
* Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions;
* Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and
* Set forth standards of conduct
Prohibited activities
* Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery)
* The prohibited activities involve conflicts of interest.
* Lobbying by former local officials (specifically prohibited by statute)
(2) Breach of Trust
* Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan.
(3) Ethics Commission
* Serves as guardian of the standards of conduct for public officers and employees of FL
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education
(1) Class Size
* FL Constitution has provisions designed to ensure students receive a high-quality education.
* Applies to public schools
* Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18
* 4th-8th grade: Cannot be more than 22
* 9th-12th grade: Cannot be more than 25
(2) Pre-Kindergarten
* FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards.
(3) State Board of Education
* Supervises the system of free public education
(4) School Districts and Boards
Each county constitutes a school district.
* If two counties are next door and voters decide, they may be combined into one school
district.
Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election.
Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools.
(5) State University System
* Single state university system comprised of all public universities
* Governed by a board of trustees
counties: local options
Local option on the prohibition of alcohol remains with each county
Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.
public officials
(1) Civil-Service System
Creation of civil-service systems and boards mandated by the FLC.
Most state employees are subject to the system.
Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees.
(2) Terms of Office
Generally, term cannot exceed 4 years.
Exception: judges and the executive branch department heads, who may serve at the
governor’s discretion.
municipalities
establishment
May be established or abolished and their charters amended pursuant to either a general or special law
Powers
Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services
May exercise any power for municipal purposes except when the law prevent it
Cannot exercise power in a way that conflicts with state law or the constitution
voting and elections
(1) Regulation of Elections
All elections must be by direct and secret vote.
General elections are determined by a majority of votes cast.
(2) electors
Must be 18 years of age
Must be a permanent resident of the state
(3) Disqualification
Convicted of a felony
Adjudicated to be incompetent
Cannot vote or hold office
Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense
(4) Elections
A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year.
(5) Campaign Spending Limits
FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor).
The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.
ethics and education
ethics in government
(1) code of ethics
* Protect against conflict of interests and establish standards for the conduct of elected officials and government employees;
* Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions;
* Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and
* Set forth standards of conduct
Prohibited activities
* Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery)
* The prohibited activities involve conflicts of interest.
* Lobbying by former local officials (specifically prohibited by statute)
(2) Breach of Trust
* Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan.
(3) Ethics Commission
* Serves as guardian of the standards of conduct for public officers and employees of FL
VVVVVVVVVVVVVV
education
(1) Class Size
* FL Constitution has provisions designed to ensure students receive a high-quality education.
* Applies to public schools
* Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18
* 4th-8th grade: Cannot be more than 22
* 9th-12th grade: Cannot be more than 25
(2) Pre-Kindergarten
* FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards.
(3) State Board of Education
* Supervises the system of free public education
(4) School Districts and Boards
Each county constitutes a school district.
* If two counties are next door and voters decide, they may be combined into one school
district.
Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election.
Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools.
(5) State University System
* Single state university system comprised of all public universities
* Governed by a board of trustees
counties: local options
Local option on the prohibition of alcohol remains with each county
Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.
public officials
(1) Civil-Service System
Creation of civil-service systems and boards mandated by the FLC.
Most state employees are subject to the system.
Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees.
(2) Terms of Office
Generally, term cannot exceed 4 years.
Exception: judges and the executive branch department heads, who may serve at the
governor’s discretion.
municipalities
establishment
May be established or abolished and their charters amended pursuant to either a general or special law
Powers
Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services
May exercise any power for municipal purposes except when the law prevent it
Cannot exercise power in a way that conflicts with state law or the constitution
voting and elections
(1) Regulation of Elections
All elections must be by direct and secret vote.
General elections are determined by a majority of votes cast.
(2) electors
Must be 18 years of age
Must be a permanent resident of the state
(3) Disqualification
Convicted of a felony
Adjudicated to be incompetent
Cannot vote or hold office
Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense
(4) Elections
A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year.
(5) Campaign Spending Limits
FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor).
The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.
ethics and education
ethics in government
(1) code of ethics
* Protect against conflict of interests and establish standards for the conduct of elected officials and government employees;
* Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions;
* Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and
* Set forth standards of conduct
Prohibited activities
* Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery)
* The prohibited activities involve conflicts of interest.
* Lobbying by former local officials (specifically prohibited by statute)
(2) Breach of Trust
* Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan.
(3) Ethics Commission
* Serves as guardian of the standards of conduct for public officers and employees of FL
VVVVVVVVVVVVVV
education
(1) Class Size
* FL Constitution has provisions designed to ensure students receive a high-quality education.
* Applies to public schools
* Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18
* 4th-8th grade: Cannot be more than 22
* 9th-12th grade: Cannot be more than 25
(2) Pre-Kindergarten
* FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards.
(3) State Board of Education
* Supervises the system of free public education
(4) School Districts and Boards
Each county constitutes a school district.
* If two counties are next door and voters decide, they may be combined into one school
district.
Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election.
Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools.
(5) State University System
* Single state university system comprised of all public universities
* Governed by a board of trustees
counties: local options
Local option on the prohibition of alcohol remains with each county
Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.
municipalities
establishment
May be established or abolished and their charters amended pursuant to either a general or special law
Powers
Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services
May exercise any power for municipal purposes except when the law prevent it
Cannot exercise power in a way that conflicts with state law or the constitution
public officials
(1) Civil-Service System
Creation of civil-service systems and boards mandated by the FLC.
Most state employees are subject to the system.
Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees.
(2) Terms of Office
Generally, term cannot exceed 4 years.
Exception: judges and the executive branch department heads, who may serve at the
governor’s discretion.
ethics and education
ethics in government
(1) code of ethics
* Protect against conflict of interests and establish standards for the conduct of elected officials and government employees;
* Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions;
* Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and
* Set forth standards of conduct
Prohibited activities
* Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery)
* The prohibited activities involve conflicts of interest.
* Lobbying by former local officials (specifically prohibited by statute)
(2) Breach of Trust
* Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan.
(3) Ethics Commission
* Serves as guardian of the standards of conduct for public officers and employees of FL
VVVVVVVVVVVVVV
education
(1) Class Size
* FL Constitution has provisions designed to ensure students receive a high-quality education.
* Applies to public schools
* Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18
* 4th-8th grade: Cannot be more than 22
* 9th-12th grade: Cannot be more than 25
(2) Pre-Kindergarten
* FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards.
(3) State Board of Education
* Supervises the system of free public education
(4) School Districts and Boards
Each county constitutes a school district.
* If two counties are next door and voters decide, they may be combined into one school
district.
Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election.
Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools.
(5) State University System
* Single state university system comprised of all public universities
* Governed by a board of trustees
voting and elections
(1) Regulation of Elections
All elections must be by direct and secret vote.
General elections are determined by a majority of votes cast.
(2) electors
Must be 18 years of age
Must be a permanent resident of the state
(3) Disqualification
Convicted of a felony
Adjudicated to be incompetent
Cannot vote or hold office
Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense
(4) Elections
A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year.
(5) Campaign Spending Limits
FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor).
The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.
counties: local options
Local option on the prohibition of alcohol remains with each county
Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.
municipalities
establishment
May be established or abolished and their charters amended pursuant to either a general or special law
Powers
Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services
May exercise any power for municipal purposes except when the law prevent it
Cannot exercise power in a way that conflicts with state law or the constitution
public officials
(1) Civil-Service System
Creation of civil-service systems and boards mandated by the FLC.
Most state employees are subject to the system.
Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees.
(2) Terms of Office
Generally, term cannot exceed 4 years.
Exception: judges and the executive branch department heads, who may serve at the
governor’s discretion.
voting and elections
(1) Regulation of Elections
All elections must be by direct and secret vote.
General elections are determined by a majority of votes cast.
(2) electors
Must be 18 years of age
Must be a permanent resident of the state
(3) Disqualification
Convicted of a felony
Adjudicated to be incompetent
Cannot vote or hold office
Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense
(4) Elections
A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year.
(5) Campaign Spending Limits
FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor).
The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.
ethics and education
ethics in government
(1) code of ethics
* Protect against conflict of interests and establish standards for the conduct of elected officials and government employees;
* Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions;
* Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and
* Set forth standards of conduct
Prohibited activities
* Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery)
* The prohibited activities involve conflicts of interest.
* Lobbying by former local officials (specifically prohibited by statute)
(2) Breach of Trust
* Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan.
(3) Ethics Commission
* Serves as guardian of the standards of conduct for public officers and employees of FL
VVVVVVVVVVVVVV
education
(1) Class Size
* FL Constitution has provisions designed to ensure students receive a high-quality education.
* Applies to public schools
* Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18
* 4th-8th grade: Cannot be more than 22
* 9th-12th grade: Cannot be more than 25
(2) Pre-Kindergarten
* FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards.
(3) State Board of Education
* Supervises the system of free public education
(4) School Districts and Boards
Each county constitutes a school district.
* If two counties are next door and voters decide, they may be combined into one school
district.
Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election.
Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools.
(5) State University System
* Single state university system comprised of all public universities
* Governed by a board of trustees
municipalities
establishment
May be established or abolished and their charters amended pursuant to either a general or special law
Powers
Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services
May exercise any power for municipal purposes except when the law prevent it
Cannot exercise power in a way that conflicts with state law or the constitution
counties: local options
Local option on the prohibition of alcohol remains with each county
Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.
public officials
(1) Civil-Service System
Creation of civil-service systems and boards mandated by the FLC.
Most state employees are subject to the system.
Boards are authorized to prescribe qualifications, methods of selection, and tenure of employees.
(2) Terms of Office
Generally, term cannot exceed 4 years.
Exception: judges and the executive branch department heads, who may serve at the
governor’s discretion.
voting and elections
(1) Regulation of Elections
All elections must be by direct and secret vote.
General elections are determined by a majority of votes cast.
(2) electors
Must be 18 years of age
Must be a permanent resident of the state
(3) Disqualification
Convicted of a felony
Adjudicated to be incompetent
Cannot vote or hold office
Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense
(4) Elections
A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year.
(5) Campaign Spending Limits
FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor).
The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.
ethics and education
ethics in government
(1) code of ethics
* Protect against conflict of interests and establish standards for the conduct of elected officials and government employees;
* Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions;
* Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and
* Set forth standards of conduct
Prohibited activities
* Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery)
* The prohibited activities involve conflicts of interest.
* Lobbying by former local officials (specifically prohibited by statute)
(2) Breach of Trust
* Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan.
(3) Ethics Commission
* Serves as guardian of the standards of conduct for public officers and employees of FL
VVVVVVVVVVVVVV
education
(1) Class Size
* FL Constitution has provisions designed to ensure students receive a high-quality education.
* Applies to public schools
* Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18
* 4th-8th grade: Cannot be more than 22
* 9th-12th grade: Cannot be more than 25
(2) Pre-Kindergarten
* FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards.
(3) State Board of Education
* Supervises the system of free public education
(4) School Districts and Boards
Each county constitutes a school district.
* If two counties are next door and voters decide, they may be combined into one school
district.
Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election.
Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools.
(5) State University System
* Single state university system comprised of all public universities
* Governed by a board of trustees
voting and elections
(1) Regulation of Elections
All elections must be by direct and secret vote.
General elections are determined by a majority of votes cast.
(2) electors
Must be 18 years of age
Must be a permanent resident of the state
(3) Disqualification
Convicted of a felony
Adjudicated to be incompetent
Cannot vote or hold office
Restoration of right to vote (felony conviction) voting rights will not be restored if you are convicted of murder or a felony sexual offense
(4) Elections
A general election is held in each county on the first Tuesday after the first Monday in November of each even-numbered year.
(5) Campaign Spending Limits
FL Constitution provides for public financing for campaigns for statewide elections for state offices (e.g., governor).
The state provides a dollar-for-dollar match for contributions that are raised by candidates that are not in excess of $250, provided the candidate agrees to a $25 million limit.
ethics and education
ethics in government
(1) code of ethics
* Protect against conflict of interests and establish standards for the conduct of elected officials and government employees;
* Require disclosure of any person, expenditures, and activities of those persons that would be intended to persuade a policy maker to take specific actions;
* Prescribe restrictions against conflicts of interest without preventing lawmakers from doing their jobs; and
* Set forth standards of conduct
Prohibited activities
* Cannot accept anything of value based upon any understanding that the public official will take an official action in return (i.e., bribery)
* The prohibited activities involve conflicts of interest.
* Lobbying by former local officials (specifically prohibited by statute)
(2) Breach of Trust
* Any public officer or employee who breaches public trust for private gain must forfeit the illicit gains and rights under a public retirement system or pension plan.
(3) Ethics Commission
* Serves as guardian of the standards of conduct for public officers and employees of FL
VVVVVVVVVVVVVV
education
(1) Class Size
* FL Constitution has provisions designed to ensure students receive a high-quality education.
* Applies to public schools
* Prekindergarten-3rd grade: Maximum number of students assigned to each teacher cannot be more than 18
* 4th-8th grade: Cannot be more than 22
* 9th-12th grade: Cannot be more than 25
(2) Pre-Kindergarten
* FLC: State must afford every four-year-old child in Florida an early childhood development and education program that is free, voluntary, and delivered according to professional standards.
(3) State Board of Education
* Supervises the system of free public education
(4) School Districts and Boards
Each county constitutes a school district.
* If two counties are next door and voters decide, they may be combined into one school
district.
Each school district—there is a schoolboard composed of 5 or more members elected in a nonpartisan election.
Income derived from the state schoolfund must, and the principal of the fund may, be appropriated, but only to free public schools, not private schools.
(5) State University System
* Single state university system comprised of all public universities
* Governed by a board of trustees
counties: local options
Local option on the prohibition of alcohol remains with each county
Each county has the authority to require a criminal background check and a three-day waiting period before selling anyone a gun in the county.
municipalities
establishment
May be established or abolished and their charters amended pursuant to either a general or special law
Powers
Governmental, corporate, and proprietary powers to conduct municipal government, perform functions, and provide services
May exercise any power for municipal purposes except when the law prevent it
Cannot exercise power in a way that conflicts with state law or the constitution
